Legal Dictionary

Act 1987. A defect exists in products under the Act when the safety of the products is not what people generally are entitled to expect. In determining what people are entitled to expect, reference should be made to the way in which the goods are marked, any warnings issued with them, and the time of supply. The Act implements EU directive 85/374 on *products liability. defective equipment An employer's duty to provide his employees with a safe system of work, so far as is reasonably practicable, includes the provision and maintenance of safe tools and equipment (including materials) for the job. The

agent provocateur A person who actively entices, encourages, or persuades someone to commit a crime that would not otherwise have been committed for the purpose of securing his conviction (see ENTRAPMENT). In such a case the agent provocateur will be regarded as an accomplice in any offence that the accused commits as a result of this intervention. age of consent The age at which a girl can legally consent to sexual intercourse, or to an act that would otherwise constitute an indecent assault. This age is 16. This minimum age limit does not apply to girls married under a foreign law that is recognized in English law. See also BUGGERY.

the head of state and legislature). This takes place when documents of ratification are either exchanged or deposited with a named depositary. Normally a treaty states expressly whether it will bind a party as soon as it is signed by that party's representative or whether it requires ratification. The Vienna Convention on Treaties (1969) provides that when a treaty does not specify whether or not ratification is required, reference will be made to the party's intention. Performance of a treaty may amount to implicit ratification. 3. (in company law) A resolution of a general meeting sanctioning some irregularity in the running of a company. Some

which extends beyond the criminal offence to include a revolt by the crew or passengers and plundering generally.

court may order redundant material in a statement of case to be struck out. redundancy payment The sum that an employee dismissed because of . *redundancy is entitled to receive from his employer under the Employment RIghts Act 1996.The sum is the total of: (1) one and a half weeks' pay for each year of the employee's *continuous employment in which he was aged 41 or more; (2) one week's pay for each year's service between the ages of 22 and 41; and (3) half a week's pay for each year between the ages of 18 and 22. Continuous employment exceeding 20 years is ignored, and a maximum amount of weekly pay to be used in

trust corporation The *Public Trustee or a corporation either appointed by the court to act as trustee or automatically entitled to do so because it is incorporated in the UK and has issued capital of at least £250,000 of which at least £100,000 has been paid up in cash. A trust corporation may exercise all the powers that would otherwise require two trustees (e.g. selling land). The clearing banks and others have subsidiary companies that are trust corporations. trustee n. A person having a nominal title to Droperty that he holds for the benefit of one or more others, the beneficiaries (see TRUST). Trustees may be

better set at national level (see SUBSIDIARITY). derivative action Civil proceedings brought by a minority of company members in their own names seeking a remedy for the company in respect of a wrong done to it. Such proceedings are exceptional; usually an action should be brought by the company (the injured party) in its own name. A derivative action will only be permitted when a serious wrong to the company is involved, which cannot be ratified by an ordinary resolution of company members (e.g. an *ultra vires or illegal act or a case of *fraud on the minority) and the majority of members will not

ties: 1) to hear evidence of criminal accusations in possible felonies (major crimes) presented by the Dis- trict Attorney and decide whether the accused should be indicted and tried for a crime. Since many felony charges are filed by the District At- torney in a municipal or other lower court which holds a preliminary hearing to determine if there is just cause for trial instead of having the

fuch as defire throughly to be inftrudtcd in die knowledge of our Lawes, Sucutcs, or other Antiquities. Colle&ed by John Cowell, Doctor, fometnriethe Kings Majefties Profcflbur the CivillLair in the Univerfitic

possessory action. N. A lawsuit in which the plaintiff’s objective is to recover possession of real property, as opposed to recovering title to it. possessory interest. N. The right to possess property, i.e., to occupy it or control it and to exclude others from it. possibility. N. Something that could happen but will not necessarily happen; a contingent interest in property. possibility of a reverter. N. A chance that an estate will return to the person who granted it if certain conditions occur. post. N. (1) Mail; letters and packages and the system that delivers them. (2) A job; an assigned duty or position, such as that held by

guished from the rights of someone like a trustee or official who has responsibility to perform and/or title to the assets but does not share in the benefits. (See: con- tract, trust) beneficial use: n. the right to enjoy the use of something (particularly such pleasant qualities as light, air, view, access, water in a stream) even though the title to the property in which the use exists is held by an- other. (See: use) beneficiary: n. a broad definition for any person or entity (like a charity) who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is

A list and explanation of major Supreme Court decisions. Addresses and phone numbers for all state bar associations.

against whom the conspiracy is aimed. It is not necessary to prove that the conspirators used unlawful means. If unlawful means have not been used, conspiracy is not actionable if the predominant purpose of the conspirators was legitimate. Protection of one's own financial or trade interests is thus a legitimate constable 108 109 constructive trust purpose provided no unlawful means are used; but retaliation for an insult to one's dignity is not. The operation of the tort in *trade disputes is limited by statute. constable n. See POLICE OFFICER. constituency n. An area of the UK for which a representative is elected to

served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original sum- mons, along with the “return of ser- vice” proving the summons and com- plaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to a witness to appear. (See: complaint, order to show cause, service, service of process, writ)

plea bargaining An agreement between the prosecution and the defence by which the accused changes his plea from not guilty to guilty in return for an offer by the prosecution (for example, to drop a more serious charge against the accused) or when the judge has informally let it be known that he will minimize the sentence if the accused pleads guilty. Any negotiations taking place between the judge and defence counsel must be in the presence of the prosecuting counsel: the accused is not a party to the negotiations. The accused must be allowed to make up his own mind freely about the proposals.

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ney wins exoneration for a young Irishman and his fam- ily framed for a terrorist bombing. Oscar nominations for Emma Thompson, Daniel

band dies is not a widow, ex- cept for the purpose of certain

performance, or some similar act. The doctrine applies when the acts of a settlor satisfactory quality 446 447 search order are unclear. If the settlor discharges his obligation by an act different from that required, the obligation is said to be satisfied provided that the act he does is a sufficient substitute for the act he is charged to do. Thus if he owes a debt and leaves a legacy of the same or a greater amount to the creditor, the creditor is satisfied. Closely analogous to satisfaction are cases in which payment of a legacy is satisfied by payment of a *portion and one legacy is satisfied by payment of another

of men. —Constitution of the Com- monwealth of Massachusetts, written by John Adams foreign corporation: n. a corpora- tion which is incorporated under the laws of a different state or na- tion. A “foreign” corporation must file a notice of doing business in any state in which it does substan- tial regular business. It must name an “agent for acceptance of service” in that state, or the Secretary of

legal secretaries, and law students, this self-con- tained, single volume of legal definitions and information will provide practical guidance for everyday transactions. “Common sense often makes good law.” - Justice

the justice or injustice of the cause which he undertakes, unless his client asks his opinion, and then he is bound to give it honestly. The justice or injustice of the cause is to be decided by the judge. —Samuel Johnson adjuster: n. an employee (usually a non-lawyer) of an insurance compa- ny or an adjustment firm employed by an insurance company to negoti- ate an early settlement of a claim for damages against a person, a busi- ness or public body (like a city).

means aid, which lends credence to the old rumor that lawyers used to be paid by the word. (See: abet) a.k.a.: prep, abbreviation for “also known as” when someone uses dif- ferent initials, a nickname, a maid- en or married name. Example:

party supplying the boilerplate form usually has developed supposedly “standard” terms (some of which may not apply to every situation) to favor and/or protect the provider. boiler room: n. a telephone bank op- eration in which fast-talking tele- 66

sum payment by a tenant to a landlord for the grant or renewal of a

and Vice President equal to the whole number of Senators and Rep- resentatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous State; they shall be in addition to those ap- pointed by the States, but they shall be considered, for the purposes of the election of President and Vice

dant is before the bar when he/she is inside the railing. 2) v. to prevent some legal maneuver, as in bar- ring a lawsuit due to the running out of the time to file. 3) to prohibit and keep someone from entering a room, building, or real property.

fendant or possible witness cannot be forced or ordered to take a lie de- tector test. Some habitual liars pass lie detector tests, and innocent, honest people fail them due to ner- vousness and other factors. Howev- er, law enforcement authorities usually believe the results, which occasionally exonerate (clear) a sus- pect. Since the results are some- times unreliable, they are not ad- missible in a trial and may not be referred to. (See: polygraph) lien: n. any official claim or charge against property or funds for pay- ment of a debt or an amount owed for services rendered. A lien is usu- ally a formal document signed by

porary injunction is an order made by the court while the matter is being processed and considered, based on the petition and any accompanying declarations, either of which is intend- ed to keep matters in status quo (as they are) or prevent possible irrepara- ble harm (like cutting trees, poisoning a stream or moving out of the country with a child or money) until a final decision is made. (See: injunction, temporary injunction) enjoyment: n. 1) to exercise a right. 2) pleasure. 3) the use of funds or occu- pancy of property. Sometimes this is used in the phrase “quiet enjoyment” which means one is entitled to be free

terms such as the right of the promisee to order payment be made to another person, penalties for late payments, a provision for attorney’s fees and costs if there is a legal action to collect, the right to collect payment in full if the note is secured by real property and the property is sold (“due on sale” clause), and whether the note is se- cured by a mortgage or deed of trust or a financing statement (a filed secu- rity agreement for personal collateral called UCC-1). The promissory note is usually held by the party to whom the money is owed. There are legal limita- tions to the amount of interest which

name registered with the corporation, but may hold a stock certificate which has been signed over to him/her. Be- fore registration the new shareholder may not be able to cast votes repre- sented by the shares. (See: corpora- tion, shareholders’ meeting) shareholders’ agreement: n. an em- ployment agreement among the shareholders of a small corporation permitting a shareholder to take a management position with the corpo- ration without any claim of conflict of interest or self-dealing against the shareholder/manager. Such agree- ments are common when there are only three or four shareholders. shareholders’ derivative action: n. a

association agreement An agreement between a member state of the European Union and a non-EU country or organization, as provided for in Article 310 of the Treaty of Rome. The agreement, which may be with a country, a union of states, or an international organization, establishes an association involving reciprocal rights and obligations, common action, and special procedures. assurance n. See INSURANCE. assured agricultural occupancy A form of *assured tenancy in which the tenant is an agricultural worker living in a *tied cottage. This kind of tenancy replaced *protected occupancies from 15 January 1989.In certain circumstances a

lowed by court order without both par- ties being present based on a declara- tion of the party wanting the attach- ment that there is clear proof that the defendant is going to flee. The court must also require a bond to cover dam- ages to the defendant if the attach- ment proves not to have been neces- sary. Before the hearing requirement, pre-judgment attachments were com- mon in which automobiles and bank accounts were held by the sheriff merely upon the plaintiff seeking the attachment getting a writ of attach- ment, posting a bond. (See: writ of attachment) attempt: v. and n. to actually try to com-

with some unlawful act or threatens C with an unlawful act in order to make him cause damage to B. Thus if A threatens to do an unlawful act to B's employer (C) unless he dismisses B, and C succumbs to the threat, B has an action for intimidation against A for causing the loss of his job. It is irrelevant that C was entitled to dismiss B and did not act unlawfully: the essence of the tort is A's unlawful threat. The operation of the tort in *trade disputes is limited by statute. intoxicating liquor For the purposes of the Licensing Act 1964, spirits, wine, beer, porter, cider (including perry), and any other fermented, distilled, or spirituous

held before the will can be probat- ed, since if the will is invalid, it cannot be probated. (See: in ter- rorem clause, probate, will)

will grant a divorce judgment with- out hearing evidence or making a ruling on such issues as division of marital property, child custody or spousal support (alimony). Thus the parties can be free of each other promptly while still fighting over other issues at their leisure. In a negligence case when the question of responsibility (liability) is clearly in doubt or rests on some legal tech- nicality, the court may bifurcate the issues and hear evidence on the de- fendant’s liability and decide that issue before going ahead with a trial on the amount of damages. If the court rules there is no liability, then

essary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

lowing an instruction by the judge that the jury can only bring in a spe- cific verdict (“based on the evidence you must bring in a verdict of ‘not guilty”). A “chance verdict” (decided by lot or the flip of a coin), a “compro- mise verdict” (based on some jurors voting against their beliefs to break a deadlock) and a “quotient verdict” (av- eraging the amount each juror wants to award) are all improper and will re- sult in a mistrial (having the verdict thrown out by the judge) or be cause for reversal of the judgment on ap- peal. (See: compromise verdict, di- rected verdict, judgment, quo- tient verdict, special verdict)

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raised in a motion for summary judgment which asks the court to determine whether there are any questions of fact to be tried, allow- ing the judge to rule on the case (usually to dismiss the complaint) at that point without a trial. “Questions of fact” are distinguished from “ques- tions of law,” which can only be decid- ed by the judge. (See: finding, judge, motion for summary judgment, question of law) question of law: n. an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal

the larger urban law firms and those who are interested in bar association politics. Nevertheless the A.B.A., its leaders, and its legal opinions are highly respected, and thus it is an important bellwether in legal circles.

biblical ten commandments, such as “thou shall not kill,” are often in- cluded in those principles. Natural law assumes that all people believe in the same Judeo-Christian God and thus share an understanding of natural law premises. 2) the body of laws derived from nature and rea- son, embodied in the Declaration of

abandon. V. To intentionally give up a right or property without any plan of reclaiming it in the future; to desert a spouse or child. N. abandonment. abatable nuisance. N. A nuisance that can be reduced. abate. V. To decrease, reduce, or diminish; to end, dismiss, or temporarily suspend a lawsuit. N. abatement. ADJ. abatable. abatement of a legacy. N . A reduction in the amount of a legacy after the payment of debts owed by the person who granted the legacy. abatement of taxes. N. A reduction in the amount owed by the taxee. abdicate. V. To renounce a responsibility or position; generally used to describe the act of a sovereign giving up a throne or an offi-

cost, opportunity. N. A potential benefit lost because of a decision made. cost basis. N. The amount a taxpayer paid for an asset. cost of completion. N. In a breach of contract action, a measure of damages calculated by the amount it would cost to pay for a performance that would put the plaintiff where he or she would have been had the contract not been breached. cost of living. N. The amount it costs to live from day to day, meas- ured by the Consumer Price Index. cost-plus contract. N. A kind of contract, common in construction projects, in which the contractor is paid for costs of material and

community. N. (1) A locality or the people who live in it. (2) A group of people who share a religion, profession, or other characteristic. (3) A group of states or nations with common interests. (4) The sense of fellowship that comes from sharing a home, interests, or characteristics. community property. N. Property owned equally by husband and wife, with all earnings divided equally between spouses; the form of marital property distribution used by a minority of states. See also equitable distribution, marital property. commute. V. To replace or change; to replace a criminal sentence with a lighter one. N. commutation.

equal time act. N. An act that requires a broadcaster who allows a political candidate to campaign on the air to provide equal time on the air to all other candidates for the office.

enemy. N. An adversary; a hostile individual, group, nation, or mili- tary force.

Federal Bureau of Investigation. N. The federal agency that inves- tigates violations of federal laws, including criminal, civil, and security matters as part of the Department of Justice. ABBRV. FBI. federal common law. N. A body of case law composed of decisions made by federal courts, used in a very narrow range of cases; see also Erie doctrine.

federal courts. N. The courts of the United States, created by the Constitution or by acts of Congress and having jurisdiction created by statute, including federal district courts, federal courts of appeal, and the Supreme Court of the United States. Federal Deposit Insurance Corporation. N. An agency within the executive branch of the U.S. government that insures deposits in banks and savings associations. ABBRV. FDIC. Federal Emergency Management Agency. N. An agency of the U.S.

federation. N. A union of states that share a central government but also govern themselves independently. fee. N. (1) Payment made to someone in exchange for services. (2) An estate of complete ownership of land; ownership of a piece of property. fee, in. ADJ. Owning a property completely. fee simple. N. Complete ownership of a property, with no time limit or restrictions on what can be done with it, that will pass to the owner’s heirs if he or she dies intestate; also called fee simple absolute. fee simple conditional. N. An interest in property that is given by a grantor to the owner that will become a fee simple if a particular

gender. N. The condition of being female or male, with emphasis on cultural implications of masculinity or femininity rather than biological and physical differences; the members of the female or male sex; see also sex. general. ADJ. Not specialized; concerning an entire class or cate- gory as opposed to individuals. N. The highest-ranking kind of officer in the army. general bequest. N. A bequest to be paid out of the general assets of an estate rather than a particular thing or money. general election. N. An election taking place in an entire state to elect offices that come open regularly. general exception. N. An objection to a pleading for lack of

judge advocate. N. A military lawyer or legal officer; an officer in the Judge Advocate General’s corps.

national origin. N. The country in which a person was born or from which his or her immediate ancestors emigrated.

nuclear proliferation. N . The spread of nuclear weapons and related materials to nations that have not previously had nuclear weapons. Nuclear Regulatory Commission. N. A federal agency that regu- lates the civilian use of nuclear materials. ABBRV. NRC. nugatory. ADJ. Ineffectual or invalid; useless; of no importance. nuisance. N. A person, thing, or activity that causes inconvenience or annoyance; anything that prevents a person from freely enjoying the use of his or her own property, endangers his or her health, or offends. See also abate.

straw man. N. (1) An argument placed in a brief or opinion solely for the purpose of refuting it. (2) A third party who acts as a

tenancy. N. The condition of being a tenant; an interest in land held by a tenant. tenant. N. (1) A person who rents property from a landlord. (2) A person who owns or possesses property.

abode. N. A home or place of residence; a domicile. abolish. V. To end or do away with; generally used to describe formally ending an institution, system, or custom, such as slavery or a tax. N. abolition. aboriginal. ADJ. Indigenous, native to a place from earliest times. aboriginal title. N. The exclusive rights of American Indians to lands and waters they occupied before the United States claimed them. abortion. N. The premature ending of a pregnancy; in legal context, generally refers to a deliberate termination, though the term can also apply to spontaneous natural expulsion of a fetus before it

acknowledge. V. To admit or confirm; to accept responsibility. N. acknowledgement. acquiesce. V. To accept without protest; to give implied consent by silence. N. acquiescence. See also laches. acquiescence, estoppel by. N. Estoppel that arises if a party has the opportunity to object to something but gives implied consent by inaction. acquire. V. To gain or obtain; to become the owner of something. acquisition. N. The process of acquiring; something acquired. acquit. V. To set free or release; to absolve of criminal liability. N. acquittal.

act. V. To do something, usually voluntarily. N. (1) An action or deed. (2) A law or written ordinance passed by Congress or another legislative body; when done by Congress, this is called an act of Congress. acting. ADJ. Temporarily performing the duties of a position or office without officially holding that position or office. action. N. (Latin) (1) A proceeding or an action; the right to pursue a lawsuit. (2) A court proceeding; a lawsuit; a formal complaint brought by one party to prosecute another or demand rights within a court of law. See also case. actionable. ADJ. Forming the legal basis of a cause of action.

add. V. To join together; unite; attach. ad damnum. N. (Latin) To the damage; the clause in a complaint in which a plaintiff specifies the damages he or she seeks. addendum. N. Something that is added on; usually written material added to the end of a document. addict. N. Someone who uses, does, or consumes something habit- ually and who is dependent on that substance or activity; usually applies to those who are dependent on drugs or alcohol and cannot control their consumption thereof. addition. N. Something added to something else; a new structure added to an existing building. additur. N. (Latin) A trial court’s increase in the amount of

agency. N. (1) A relationship in which one person, the agent, is authorized to act on behalf of the other, the principal. (2) A department or group that performs a specific task for the govern- ment. (3) A business that provides a specific service, often arranging transactions between customers.

adeem. V. To remove, revoke, or take away; to take away a legacy or future bequest in advance. ademption. N. Revocation of a legacy by a testator before the testator’s death, sometimes by giving the recipient the property

annual report. N. A yearly financial report prepared by a corpora- tion for its stockholders, audited by an independent certified public accountant, and filed with the Securities and Exchange Commission on Form 10-K, including a balance sheet, income statement, and other information. annuitant. N. One who receives an annuity. annuity. N. A fixed sum paid to a person periodically for a set period of time, often for life. annul. V. (1) To declare something invalid; to abolish; to make nonexistent. (2) To declare that a marriage was never legally valid and therefore never existed. N. annulment. See also divorce.

minority. N. (1) The smaller group or number of a whole; a number less than half of a total; the opposite of majority. (2) The condition of being a minor; childhood. (3) A disadvantaged group of people; a group of people that comprises a relatively small part of the whole population and that suffers due to its race, religion, sex, etc. minority stockholder. N. A stockholder who holds very few shares in a corporation and thus is unable to vote effectively for corporate directors. minutes. N. A transcript of a meeting or event; a record of court proceedings. Miranda Rule. N. A rule requiring that before a person is interro-

attach. V. (1) To join or connect. (2) To seize a defendant’s property before a judgment has been reached at trial as security for any judgment that the plaintiff might receive. N. attachment.

deceive. V. To make someone believe something that is not true; to mislead.

default. N. Failure to perform a legal duty or meet an obligation. default judgment. N. Judgment entered against a defendant who fails to defend himself or herself by responding to the plaintiff’s complaint or appearing in court. defeasance. N. The action of rendering something null and void; an instrument that negates or nullifies some other instrument, such as a will or deed. defeasible. ADJ. Able to be revoked, nullified, or undone; usually applied to estates and land interests that are subject to a condi- tional limitation and are not absolute. defect. N. An imperfection or a flaw; a lack or deficiency.

retailer. N. A person who sells goods to consumers, especially personal or household goods. retail installment contract. N. A contract in which a buyer agrees to pay the seller for some item in installments, along with a finance charge or with the provision that the ultimate price will be higher than if the buyer paid the full price initially.

save. V. (1) To exempt; to reserve. (2) To rescue someone or something from danger; to keep safe. (3) To keep; to accumulate something such as money; to avoid expending or wasting some- thing. save harmless. V. To indemnify; to repay another party if a specific loss occurs. See also hold harmless. saving clause. N. A clause inserted in a statute to make an excep- tion to the statute’s provisions, such as a grandfather clause; a clause that prevents the statute from affecting those who currently enjoy rights that the statute takes away. savings. N. Money that is accumulated and held for the future.

schedule. N. (1) A plan for conducting events; a list of planned events that occur regularly. (2) An appendix attached to a docu- ment, such as a statute or tax return, describing in detail matters mentioned briefly in the document itself. V. To arrange for some- thing to happen at a particular time. school district. N. A government entity that oversees the operation of public schools in a defined area. scienter. ADV. (Latin) Knowingly; used to describe situations where a defendant had guilty knowledge that a crime was being committed, such as knowledge that a misrepresentation he or she made was not true; often used as a noun to mean guilty knowledge

spoliation. N. The act of destroying something; destruction of evidence that might prove unfavorable; destruction or modification of a document or instrument. V. spoil. spontaneous. ADJ . Done on a sudden impulse without prior planning.

spouse, surviving. N. A spouse who remains alive after his or her partner has died; see also widow. spyware. N. Software that is secretly installed on a computer without the owner’s knowledge or consent in order to collect personal information, to use the computer to send spam, to hijack the Web browser, or to conduct other illegal activities. squatter. N. A person who sets up residence on property that does not belong to him or her. V. squat. squeeze-out. N . Eliminating minority shareholders from a corporation by buying out minority shares or issuing many new shares that dilute the minority interest; also called a

ad hominem. ADJ. (Latin) To the person; appealing to the emotions instead of to logic and reason. ADV. ad hominem. ad infinitum. ADV. (Latin) To infinity; repeatedly; forever. adjacent. ADJ. Next to; near; neighboring. adjective law. N. Rules of procedure; the rules that administer substantive law. adjoining. ADJ. Joined with; touching; in contact with.

protest. N . (1) A formal statement objecting to something; a statement of disapproval or dissent, often made to avoid implying consent by silence. (2) A written declaration witnessed by a notary that a bill or note has been presented for payment and refused. V . protest. protocol. N. (1) Proper procedure, behavior, and etiquette at a diplomatic occasion or government function; the procedural rules for an organization, government, or situation. (2) A draft of a treaty or other diplomatic document; the minutes to a diplomatic meeting, signed by participants. (3) An addition to a treaty or inter-

assisted by Demi Moore, defends young Marines charged with murder. Also Jack Nicholson.

(See: assault, dangerous weapon)

a posteriori. ADJ. (Latin) Relating to knowledge gained through recent observation or experience. See also a priori. apparent. ADJ. Obvious; evident; true as far as one can see. apparent authority. N. The authority an agent gains when a prin- cipal allows a third party to believe that the agent has such authority, whether or not it is part of the agent’s actual authority. apparent defect. N. A defect that can readily be seen on inspection. appeal. V. To request a higher court to review a case that has been decided by a lower court and render a new decision, either a reversal or a new trial. N. appeal.

I. The Constitution of the United States of America 439

rate. arm’s length. ADJ. Distant, not intimate; describes a good faith, fair market transaction by parties with relatively equal bargaining power, in which neither one forces the other to accept terms. arraign. V. In criminal law, to bring a defendant into court, charge him or her with an offense, and allow him or her to plead. arraignment. N . The first step in the criminal process, in which a defendant is called into court, charged with a crime, informed of his or her rights, and allowed to plead guilty, not guilty, or nolo contendere. arrears. N. Overdue payments; money owed but not yet paid.

writ of habeas corpus was unconstitu- tional), and during the San Francisco earthquake and fire in 1906 when the city was in ruins, tens of thousands were homeless, and looting and dis- ease posed great dangers to the public.

23

A formal finding by a court that the accused is not guilty of the charges brought against them. An acquittal results in the release of the accused and they cannot be retried for the same offence (double jeopardy).

(with specific claims systems) have negated this rule, which stemmed from the days when kings set 186

by the President subject to confir- mation by the Senate. The NLRB is intended to protect employees’ rights to unionize, prevent abuses by employers or unions, and oversee union and organizing elections. natural law: n. 1) standards of con- duct derived from traditional moral principles (first mentioned by

uniform laws. N. Compilations of laws that address various subject areas and attempt to make the law in those areas uniform, such as

reasons: 1) for the havoc and dam- age they wreak, and 2) because often contracts state that “acts of

had been drunk during a dinner at the White House. The Prime Minister was vindicated, but the jury could not find that his towering reputation had been damaged. (See: damages) nominal party: n. a defendant or a 283

wife attorneys argue two sides of a murder case with great wit. Spencer Tracy, who played several lawyer roles, and

sworn in as an attorney he forgot to bring his lawyer sponsor to attest to his skill and honesty. Another attor- ney stepped forward and swore to

man further embarrassment.

novel, screenplay won Acad- emy Award as did star

sodomy. N. Oral or anal sexual intercourse, or sexual intercourse with an animal; definition varies by state. software. N. The programs a computer uses to perform particular tasks; applications. See also hardware. solemn. ADJ. Formal; observing the proper form or ceremony.

the federal act which established the rules and regulations for applications, claims, hearings and appeals involving governmental agencies. There are sim- ilar acts in many states which spell out the rules for dealing with state gov- ernment agencies. (See: administra- tive hearing, administrative law) administrator: n. the person appoint- ed by the court to handle the estate of someone who died without a will, with a will but no nominated execu- tor, or the executor named in the will has died, has been removed from the case or does not desire to serve. If there is a will but no available ex- ecutor, the administrator is called an

cal jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients. (See: administra- tive law judge, Administrative

of Rights are:

store” approach to law representa- tion and the use of paralegals and green attorneys at low wages to handle high volume practices. attorney-client privilege: n. the re- quirement that an attorney may not reveal communications, conversa- tions and letters between himself/ herself and his/her client, under the theory that a person should be able to speak freely and honestly with his/her attorney without fear of future revelation. In a trial, de- position, and written questions (in- terrogatories), the attorney is re- quired and the client is entitled to refuse to answer any question or produce any document which was

technicalities.”

A written statement confirmed by oath or affirmation, used as evidence in court proceedings or for official purposes. In Pakistan it must be sworn before a Magistrate or Oath Commissioner.

ject of legal battles on the basis that it is reverse discrimination against

operate behind a veil of secrecy, particularly since under American antitrust laws (the Sherman and

waived the bar examination for servicemen who had been in their final year of law school or had graduated without taking the state examination when they went into the armed forces.

ment Act, first adopted in 1967.

depending upon the state. (See: rape, statutory rape) carrier: n. in general, any person or business which transports property or people by any means of con- veyance (truck, auto, taxi, bus, air- plane, railroad, ship), almost always for a charge. The carrier is the transportation system and not the owner or operator of the system.

urges her to leave her mansion to him instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful for his attention, finally brings over an attorney who does not know Agnes and is pre- sent while she tells the attorney to write a new will in favor of

in which the age requirements are not met can be annulled. Fourteen states recognize so-called “common 263

defamation, libel, slander) in pari delicto : adv. (in pah-ree dee- lick-toe) Latin for “in equal fault,” which means that two (or more) people are all at fault or are all guilty of a crime. In contract law, if the fault is more or less equal then neither party can claim breach of the contract by the other; in an acci- dent, neither can collect damages, unless the fault is more on one than the other under the rule of “compar- ative negligence”; in defense of a criminal charge, one defendant will have a difficult time blaming the other for inducing him or her into the criminal acts if the proof is that

orado, Georgia, Idaho, Illinois, Mis- sissippi, Missouri, Montana, North

11, 1804, despite the fact that these two lawyers had been co-counsel on several lawsuits.

port” in California and some other states. Usually it is paid by the male to his ex, but in some cases a wealthy woman may have to pay her husband, or, in same-sex rela- tionships the “breadwinner” may pay to support his/her stay-at-home former partner. Many counties and states have adopted formulas for alimony based on the income of each party. Payment of alimony is usually limited in time based on the number of years of marriage.

and are entitled without any discrimination to equal pro- tection of the law. —Article 7, International

granted shall be vested in a Con- gress of the United States, which shall consist of a Senate and House of Representatives.

ing a certificate of “doing business under a fictitious name” either with the County Clerk, the state Secre- tary of State or some other official to inform the public as to the real per- son or entity behind a business name. It is not necessary if the busi- ness includes the name of the true owner and is not to be confused with the use of a corporation name, since that is registered with the state. deadly weapon: n. any weapon which can kill. This includes not only weapons which are intended to do harm like a gun or knife, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automo-

serve on the Supreme Court. 471

both Steel and Iron have driven up an old road across Albright’s property to reach their cabins. Steel brings a quiet title action against Albright to estab- lish a “prescriptive easement” over the roadway, but Iron does not. The court rules in favor of Steel, but says noth- ing about Iron. In this case Iron is a “proper party,” but did not choose to participate, and it was not necessary for Steel to obtain a judgment for her- self. (See: necessary party, party) property: n. anything that is owned by a person or entity. Property is divided into two types: “real property,” which is any interest in land, real estate,

who managed the Murderers Row

Hundreds of witty, profound and memorable quotes about the law, by peo- ple in all walks of life, from all countries and all eras.

damages are seldom awarded. There have been major awards in egregious (remarkable or outstanding) cases, such as fraud schemes, sexual harass- ment or other intentional and vicious actions even when the provable actual damages were not extensive. (See: damages, punitive damages) exemption: n. 1) in income taxation, a credit given for each dependent, blind- ness or other disability, and age over 65, which result in a downward calcu- lation in tax levels. These are not to be confused with deductions, which re- duce gross income upon which taxes are paid. 2) a right to be excluded from, such as not being subject to attach-

the premises should be closed in against the weather, provide run- ning water, access to decent toilets and bathing facilities, heating, and electricity. Particularly in multi- dwelling buildings freedom from nox- ious smells, noise and garbage are in- cluded in the standard. This can be- come important in landlord-tenant disputes or government actions to force a landlord to make the premis- es livable (abatement of deficiencies).

concept is that the social passenger can bring suit for negligence against the driver for gross negligence only if the driver could have foreseen that his/her actions or car could put the rider in great peril. Examples: dri- ving while drunk, going far over the speed limit, playing “chicken,” tak- ing chances, driving a car knowing the brakes are faulty, or particularly continuing the reckless driving after the passenger has asked the driver to stop or asked to be let out. (See: guest) guilty: adj. having been convicted of a crime or having admitted the com- mission of a crime by pleading “guilty” (saying you did it). A defen-

5. In case of the removal of the

having the greatest number of votes as

25, 1789; ratified May 7, 1992)

states. Evidence unconstitutionally seized cannot be used in court, nor can evidence traced through such ille- gal evidence. (See: fruit of the poiso- nous tree, probable cause, search, search and seizure) secondary boycott: n. an organized refusal to purchase the products of, do business with or perform services for (such as deliver goods) a company which is doing business with another company where the employees are on strike or in a labor dispute. Example:

exchange. V. To give something to another person and receive something else in return; to barter. N. (1) The act of giving one thing and receiving something else in return. (2) An institution that facil- itates the trading of a commodity such as stocks or bonds. (3) A transaction in which people living far away from each other settle accounts by transferring credits or drafts called bills of exchange. exchequer. N. The national treasury of the British government. excise. N. A tax on certain actions or occupations, the manufacture and sale of particular items, or the transfer of property; also called

twice put in jeopardy of life or limb” for the same offense. Thus, once a person has been acquitted, he/she may not be charged again for that crime. However, if there was a mis- trial, hung jury or reversal of convic- tion on appeal (but the defendant was not declared innocent in the rul- ing), the defendant may be charged with the crime again and tried again.

specifies: “...no warrants shall issue, but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” The 14th

plied to the states under the 14th

which reserves to the states the rights and powers “not delegated to the United States,” which include protection of the welfare, safety, health and even morals of the pub- lic. Police powers include licensing, inspection, zoning, safety regula- tions (which cover a lot of territory), quarantines, and working condi- tions as well as law enforcement. In short, police powers are the basis of a host of state regulatory statutes. political question: n. the determina- tion by a court (particularly the

person cannot be forced to give any information which would tend to in- criminate himself/herself. Thus, he/she can refuse to answer any question which he/she feels might be a self-accusation or lead to informa- tion which would be so. incumbrance: n. (See: encumbrance) 205

right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”

search warrant made in good faith will not cause exclusion of the evi- dence obtained under that war- rant. In 1995 the U. S. Supreme

statute or constitutional provision limiting the time an accused person may be held before trial (e.g. 45 days). Charges must be dismissed and the defendant released if the period expires without trial. Howev- er, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the ac- cused is free on bail he/she will not be hurt by the waiver. (See: due process, trial) spendthrift clause: n. a provision in a trust or will that states that if a prospective beneficiaiy has pledged to turn over a gift he/she hopes to re- ceive to a third party, the trustee or executor shall not honor such a

infamous”) crimes require indictment, no double jeopardy (more than one prosecution) for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain (Fifth Amendment); in criminal law, right to a speedy trial, to confront wit- nesses against one, and to counsel (Sixth Amendment); trial by jury (Sev- enth Amendment); right to bail, no ex- cessive fines, and no cruel and unusu- al punishments (Eighth Amendment); unenumerated rights are reserved to the people (Ninth Amendment); equal protection of the laws (14th Amend- ment); no racial bars to voting (15th

(19th Amendment); and no poll tax (24th Amendment). Constitutional interpretation has expanded and added nuances to these rights. (See:

nulling a statute. replevin: n. under common law, the right to bring a lawsuit for recovery of goods improperly taken by anoth- er. In almost all states the term re- plevin in no longer used, since the states have adopted “one cause of action” for all civil wrongs. reply brief: n. the written legal argu- ment of the respondent (trial court winner) in answer to the “opening brief’ of an appellant (a trial court loser who has appealed). (See: ap- peal, appellee, respondent) reports: n. the published decisions of appeals courts in all states and fed- eral courts, which are found in fed- eral, state and regional series

have had difficulty making a clear non-subjective definition since “one person’s obscenity is another person’s art,” or, as one Supreme Court Justice stated, “I can’t define it, but I know it when I see it.” (See: pornography) obstruction of justice: n. an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threat- ening witnesses, improper conversa- tions with jurors, hiding evidence or interfering with an arrest. Such activ- ity is a crime. occupancy: n. 1) living in or using premises, as a tenant or owner. 2) tak- ing possession of real property or a

mous during televised Senate com- mittee hearings on organized crime in 1951, when a series of crime bosses “took the Fifth.” (See: self-incrimination) tangible property: n. physical arti- cles (things) as distinguished from “incorporeal” assets such as rights, patents, copyrights and franchises.

remain in the text of deeds they must be ignored.

lawyers. —Justice David J. Brewer accretion: n. 1) in real estate, the in- crease of the actual land on a stream, lake or sea by the action of water which deposits soil upon the shoreline.

1964 Civil Rights Act provisions for affirmative action programs to encourage minority hiring for jobs in which the minorities were previously underrepresented were ruled constitutional.

bers, murderers and drug dealers. forthwith: adv. a term found in con- tracts, court orders and statutes, meaning as soon as it can be reason- ably done. It implies immediacy, with no excuses for delay. forum: n. a court which has jurisdic- tion to hold a trial of a particular lawsuit or petition. forum non conveniens: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the de- fendants, who must petition the court for an order transferring the case to a

has been adopted by most states. codicil: n. a written amendment to a person’s will, which must be dated, signed and witnessed just as a will would be, and must make some refer- ence to the will it amends. A codicil can add to, subtract from or modify the terms of the original will. When the person dies, both the original will and the codicil are submitted for ap- proval by the court (probate) and form the basis for administration of the es- tate and distribution of the belongings of the writer. (See: probate, will) 90

largest organization of American lawyers, which has no official stand- ing, but is prestigious in formulating guidelines for the practice of law, giv- ing direction to legislation, lobbying for the law profession, and evaluat- ing federal judges. Less then one- third of attorneys belong to the

a membership organization founded in 1920 to defend and protect “the rights of man set forth in the Decla- ration of Independence and the Con- stitution.” The ACLU researches the legalities of public policies and ac- tions and defends clients in court when civil liberties are in question, without charge and often as amicus curiae (friend of the court). It has committees on academic freedom, state issues, media rights, free speech and association, due process, equal rights, labor/management re- lations and privacy. It also finances projects on voting rights, reproduc- tive freedom, women’s rights, and

called in the banking trade an ADR, it is a receipt issued by American banks to Americans as a substitute for actual ownership of shares of for- eign stocks. ADRs are traded on

name of the company while on a toot in Las Vegas, contracts for purchase of $30,000 worth of dresses which are out of fashion, and then takes off with a girlfriend for Tahiti. Doright is responsible for the entire debt. 2) in the 40 states which recognize lim- ited partnerships, the managing partner or partners operate the part- nership and are liable for its debts beyond the value of the investments by limited partners. The general partners usually receive a manage- ment fee and share in profits. Limit- ed partners are prohibited by law from participating in management, can lose more than their invest-

Organizations. N. U.S. trade union organization made up of over fifty national and international trade unions representing over ten million workers. ABBRV. AFL-CIO. Americans with Disabilities Act. N. A federal statute prohibiting discrimination against disabled people in jobs, transportation, and services. ABBRV. ADA. amicus curiae. N. (Latin) Friend of the court; someone who is not a party to a lawsuit but who has a strong interest in the subject matter of a case and petitions the court for permission to file a brief providing information on the matter to aid the court in rendering its decision; such a brief is called an amicus curiae brief

commercial paper. N. A document in which the maker promises to pay the bearer a certain sum on deposit or at a particular time; a short-term unsecured loan issued by a company. commercial speech. N. Speech that has a specific commercial purpose, such as advertising.

cept Congress. —Mark Twain venire: (ven-eer-ay) n. the list from which jurors may be selected. (See: jury, panel) venue: n. 1) the proper or most conve- nient location for trial of a case. Nor- mally, the venue in a criminal case is the judicial district or county where the crime was committed. For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a con- tract was executed or is to be per- formed, or where an accident took place. However, the parties may agree to a different venue for conve- nience (such as where most witness- es are located). Sometimes a lawsuit

which had its roots about the same time as Justinian, among Angles,

the-counter easily without the neces- sity of trading the foreign shares themselves. amicus curiae: n. Latin for “friend of the court,” a party or an organization interested in an issue which files abrief or participates in the argument in a case in which that party or orga- nization is not one of the litigants. For example, the American Civil Liberties

(See: jury) jury panel: n. the list from which ju- rors for a particular trial may be chosen. (See: juror, jury) jury selection: n. the means by which a jury is chosen, with a panel of potential jurors called, question- ing of the jury by the judge and at- torneys ( voir dire), dismissal for cause, peremptory challenges by the attorneys without stating a cause and finally impaneling of the jury. (See: impaneling, jury, panel, peremptory challenge, venire) jury stress: n. a form of mental, emotional, psychological, physical and sexual tension found to affect juries in long trials due to exhaus- tion, sequestration, the mountain

dishonor. V. (1) To fail to show proper respect. (2) To shame, to disgrace. (3) To refuse to accept a negotiable instrument such as a check when presented for payment. N. Shame or disgrace. disinherit. V. To take steps such as changing a will to prevent inher- itance by someone who otherwise would inherit. disjunctive allegation. N. A statement in a pleading or a criminal charge accusing a defendant of two mutually exclusive acts connected by the word “or,” as in “the defendant murdered or caused to be murdered.” See also alternative pleading. dismiss. V. (1) To allow to leave or to send away. (2) To terminate

to the bar was Arabella Mansfield of Iowa on June 15, 1869, when the admitting judge ruled that the word “men” in the state law meant men and/or women. However, Mrs.

believe, since a pardon implies for- giveness, and amnesty indicates a reason to overlook or forget the of- fenses. (See: pardon) amortization: n. a periodic payment plan to pay a debt in which the in- terest and a portion of the principal are included in each payment by an established mathematical formula.

track of choice, whether time is needed to allow for settlement (known as a 'stay'), and whether all or any applicable *pre-action protocols have been observed. Failure to complete the questionnaire and return it to the appropriate place by the date specified may lead to the claim being struck out. On receipt, the court will allocate the case to a track, primarily based on the value of the claim but also considering the other information supplied in the questionnaire. allotment n. A method of acquiring previously unissued shares in a *Iimited company in exchange for a contribution of capital. An application for such shares

one has to operate a store or sell goods or services under a franchise agreement, as in “we have the Taco

thriller with Charles Laughton as defense barrister fighting back from disastrous testi- mony by Marlene Dietrich against his client (Tyrone

considered intentionally evil, making the act a crime. The existence of moral turpitude can bring a more severe criminal charge or penalty for a crim- inal defendant. moratorium: n. 1) any suspension of activity, particularly voluntary sus- pension of collections of debts by a private enterprise or by government or pursuant to court order. 2) in bankruptcy, a halt to the right to 274

annexation. N. The act of adding or joining one thing to another. annotate. V . To add notes to a text explaining it or commenting on it; often done to court cases and statutes. N . annotation.

between a corporation and an indenture trustee, who holds title to the trust property and carries out the terms of the agreement. (3) Historically, a legal contract made into several copies with the

ing may be made to the U. S.

based on a warrant issued by a court after receiving a sworn state- ment of probable cause to believe there has been a crime committed by this person, for an apparent crime committed in the presence of the arresting officer, or upon proba- ble cause to believe a crime has been committed by that person.

lished corporation or a partnership.

eight may be excused.” Only six or eight peremptory challenges are nor- mally allowed each side. Systematic peremptoiy challenges of all blacks or all women may be examples and proof that a defendant has been deprived of a jury of his/her peers and result in an appeal based on lack of due process. (See: peremptory challenge) challenge for cause: n. a request that a prospective juror be dismissed be- cause there is a specific and forceful 80

(but not entirely) analogous to the “social guest” in a residence. (See: guest statute, invitee) guest statute: n. a state law which sets standards of care by the driver of a car to a non-paying passenger.

sue the seller and let him/her/it bring the manufacturer or distribu- tor into the lawsuit or require con- tribution toward a judgment. How- ever, all those possibly responsible should be named in the suit as de- fendants if they are known. (See: warrant, warranty) professional corporation: n. a corporation formed for the purpose of conducting a profession which requires a license to practice, in- cluding attorneys, physicians, den- tists, certified public accountants, architects and real estate brokers.

the period for which it is in force, the affairs, business, and property of a company shall be managed by a person appointed by the court (known as the administrator). In order for the court to grant such an order it must be satisfied that the company cannot or is unlikely to be able to pay its debts when due and that the order is likely to allow (1) the survival of the company, or (2) the approval of a *voluntary arrangement, or (3) a more favourable realization of its assets than would be possible under a *winding-up or through an arrangement with creditors. The Insolvency Act does not specify a period for the duration of the order: it

sic courtroom thriller (and good law research) written by a justice of Michigan Supreme

shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional dis- ability of the President. (The preceding sentence in italics was superseded by

which resulted in the English com- mon law, much of which was by cus- tom and precedent rather than by written code. The American colonies followed the English Common Law with minor variations, and the four- volume Commentaries on the Laws of England by Sir William Black- stone (completed in 1769) was the legal “bible” for all American frontier lawyers and influenced the develop- ment of state codes of law. lb a great extent common law has been re- placed by written statutes, and a gi- gantic body of such statutes have been enacted by federal and state legislatures supposedly in response to the greater complexity of modem

both the shareholders and the board, and major policy decisions must be made by resolution of the board (which often delegates much authority to officers and commit- tees). Issuance of stock of less than $300,000, with no public solicitation and relatively few shareholders, is either automatically approved by the state commissioner of corporations or requires a petition outlining the financing. Some states are consid- ered lax in supervision, have low fil- ing fees and corporate taxes and are popular incorporation states, but corporations must register with Sec- retaries of State of other states

driver negligently hits a child in the 358

Bail granted by a Sessions Court or High Court in anticipation of an arrest, before the accused is actually arrested. Applied for under Section 498 CrPC when a person apprehends arrest.

enacted in 1999 that makes cybersquatting a wrongful act subject to civil liability. anti-lapse statute. N . A law that provides for the heirs of a devisee to inherit the devisee’s share of an inheritance if the devisee dies before the testator, instead of allowing the bequest to lapse as it would have under common law; e.g., if a mother dies before her father, her children can inherit her share of their grandfather’s estate.

enforcement action Any action, authorized by the United Nations Security Council, to enforce *collective security under *Chapter VII (i.e. Articles 39-51) of the UN Charter. As such it stands as one of the very few legal justifications for *use of force in international law. Strictly, any enforcement action can only be justified under Article 42 of the Charter, which requires agreement by member states to place their armed forces at the disposal of the UN (see MILITARY STAFF COMMITTEE). However, although the theory of enforcement action would seem to be that of concerted action by members under Article 42, such a limitation is not expressly

warranty, or an *innominate term, depending on its importance, and either an *express term or an *implied term, depending on its form. 3. The duration of a leasehold interest in land. See TERM OF YEARS. term for years See TERM OF YEARS. term of years (term for years) An interest in land that subsists for or by reference to some specified period of time. It includes interests subsisting for less than a year (e.g. a lease for six months) and periodic tenancies (e.g. a weekly, . monthly, or yearly tenancy determinable by notice to quit). It can also include tune- share agreements, e.g. of one specified week in each of a number of years. The

rape and in most states sexual rela- tions even with consent involving a girl 14 to 18 (with some variation on ages in a few states) is “statutory rape,” on the basis that the female is unable to give consent. 2) v. to have sexual intercourse with a female with- out her consent through force, vio- lence, threat or intimidation, or with a girl under age. Technically, a woman can be charged with rape by assisting a man in the rape of another woman.

A formal request to a higher court to review and change the decision of a lower court. In Pakistan appeals from Sessions Courts go to the High Court, and from the High Court to the Supreme Court.

lished (1929) to hear appeals from de- cisions by the U.S. Patent Office and from the U.S. Customs Court. It sits in Washington, D. C. and is com- posed of five judges. (See: Customs

omission n. A failure to act. lt is not usually a crime to fail to act; for example, it is not usually a crime to stand by and watch a child who has fallen into a river drown. Sometimes, however, there is a duty on a person to act, either because of the terms of a contractual duty, or because he is a parent or guardian of a minor, or because he has voluntarily assumed a duty (e.g. looking after a disabled relative), or through a statutory imposition of such a duty. In such cases, omission may constitute a crime. Usually this will be a crime of *negligence (e.g. manslaughter, if the victim dies because of the defendant's omission]; if it is a deliberate omission

An alternative dispute resolution method where parties agree to submit their dispute to an independent arbitrator whose decision (award) is binding. Governed by the Arbitration Act 1940 in Pakistan.

specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these ser- vices. Usually contract-required arbi- tration may be converted into a legal judgment on petition to the court, un- less some party has protested that there has been a gross injustice, collu- sion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these “mini-trials” (proceedings) con- ducted by experienced attorneys will give the parties a clearer picture of the 43

Adoption Contact Register General Register Office Adoptions Section Smedley Hydro Trafalgar Road Southport Merseyside PR82HH Tel 0151471 4830 Web www.adoptions@ons.gov.uk ADRGroup (Alternative Dispute Resolution) Grove House Grove Road Redland Bristol BS66UN Tel 0117 946 7180 Web www.adrgoup.co.uk Advertising Standards Authority 2 Torrington Place London WC1E7HW Tel 020 7580 5555 Web www.asa.org.uk Advisory, Conciliation and Arbitration Service (ACAS) Brandon House 180 Borough High Street London

A court order authorising police to arrest a specific person. Issued under the Code of Criminal Procedure (CrPC) when a summons has been disobeyed or where immediate arrest is necessary.

a contract to make a movie and wants Artist to paint the back- ground scenery in return for a per- centage of the profits. Artist paints, and Blowhard then admits he need- ed the scenery to try to get a movie deal which fell through and there are no profits to share. Artist sues and the judge finds that Blowhard cannot deny a contract with Artist and gives Artist judgment for the value of his work. (See: estoppel) promissory note: n. a written promise by a person (variously called maker, obligor, payor, promisor) to pay a specific amount of money (called “principal”) to anoth- er (payee, obligee, promisee), usually

an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts. (See: attorney, bailiff, clerk, judge) official: 1) adj. referring to an act, document or anything sanctioned or authorized by a public official or public agency. The term can also apply to an organizational act or product which is authorized by the organiza- tion, such as an Official Boy Scout knife or emblem, an official warranty, membership card or set of rules. 2) n.

treaty organization of nations surrounding the Pacific Ocean.

which one may be charged and tried, and civil wrong for which the target may sue for damages due to the as- sault, including for mental distress. assault and battery: n. the combina- tion of the two crimes of threat (assault) and actual beating (bat-tery). They are both also intentional civil wrongs for which the party at- tacked may file a suit for damages. (See: assault, battery) assess: v. to set a value on property, usually for the purpose of calculating real property taxes. The assessed value is multiplied by the tax rate to determine the annual tax bill. This function is usually performed by em-

the U.S. Supreme Court appointed by the President and confirmed by the U.S. Senate. There are eight

may be instructed by a court to assume similar duties for a living person when no conservator or guardian is available. (See: pro- bate, administrative) publication: n. 1) anything made public by print (as in a news- paper, magazine, pamphlet, letter, telegram, computer modem or pro- gram, poster, brochure or pam- phlet), orally, or by broadcast (radio, television). 2) placing a legal notice in an approved newspaper of gener- al publication in the county or dis- trict in which the law requires such notice to be published. 3) in the law of defamation (libel and slander) publication of an untruth about an-

similar rules of conduct, as did

ney, prosecute) prospectus: n. a detailed statement by a corporation required when there is an issuance of stock to the general public. A prospectus includes the fi- nancial status, the officers, the plans, contingent obligations (such as law- suits) of the corporation, recent perfor- mance and other matters which would assist the potential investor or invest- ment adviser to evaluate the stock and the prospects of the company for prof- it, loss or growth. The Federal Securi- ties Act requires the filing of the prospectus with the Securities and Ex- change Commission and the SEC’s ap- proval before any major stock issue.

or special prosecutor. A special prosecutor may be assigned to investigate as well as prosecute if necessary when a government official is involved directly or indirectly in the possible criminal activity. (See:

and the federal government the highest ranking legal officer of the government. The federal Attorney

torneys are also called Federal Dis- trict Attorneys and are prosecutors for districts (there are several in larger states) within the Department of Justice, are appointed by the Pres- ident and serve at his/her pleasure. district court: n. 1) in the federal court system, a trial court for federal cases in a court district, which is all or a por- tion of a state. 2) a local court in some states. (See: court) disturbing the peace: n. upsetting the quiet and good order particularly through loud noise, by fighting or other unsocial behavior which frightens or upsets people. It is a mis- demeanor, punishable by fine or brief

witnesses fade. (See: arraignment, guilt, plea, plea bargain) innuendo: n. from Latin innuere, “to nod toward.” In law it means “an indirect hint.” “Innuendo” is used in lawsuits for defamation (libel or slander), usually to show that the party suing was the per- son about whom the nasty state- ments were made or why the com- ments were defamatory. Example: “the former Mayor is a crook,” and

district court. N. (1) A federal court that has jurisdiction over a particular region of a state and hears cases arising from offenses against federal laws and cases involving litigants from different

tice in a limited way, but cannot ap- pear (except on a single case with court permission) in state courts (but in fed- eral courts). Graduation from law school does not make one an attorney.

facts sufficient to show the proba- bility, both to save time and to avoid revealing all the evidence. The

business are “house counsel.” (See: house counsel) general damages: n. monetary re- covery (money won) in a lawsuit for injuries suffered (such as pain, suffer- ing, inability to perform certain func- tions) or breach of contract for which there is no exact dollar value which can be calculated. They are distin- guished from special damages, which are for specific costs, and from puni- tive (exemplary) damages for punish- ment and to set an example when malice, intent or gross negligence was a factor. (See: damages, exemplary damages, special damages)

—Abraham Lincoln abscond: v. 1) traditionally to leave a jurisdiction (where the court, a process server or law enforcement can find one) to avoid being served with legal papers or being arrested. 2) a surprise leaving with funds or goods that have been stolen, as in “he absconded with the loot.” absolute: adj. complete, and without condition. abstention doctrine: n. when the

trepid legal aide who convinces her crusty lawyer boss (Albert

and-loss account with *group accounts (if appropriate) attached. They are accompanied by a directors' report and an auditor's report. All limited companies must deliver copies of their accounts to the *Companies Registry (where they are open to public inspection) but companies that are classified (on the basis of turnover, balance sheet total, and number of members) as "small" or "medium-sized" enjoy certain exemptions. Members are entitled to be sent copies of the accounts. See alsoELECTIVE RESOLUTION; SUMMARY FINANCIAL STATEMENT. accretion n. The process by which new land formations are legally assimilated to

dle Eastern city-state. Within three centuries Hammurabi, king of Babylo- nia, had enumerated laws of private conduct, business and legal prece- dents, of which 282 articles have sur- vived. The term “eye for an eye” (or the 241

which means someone who pur- chased something (e.g. a bond, a promissory note, or jewelry) with no reason to be suspicious that it was stolen, belonged to someone else, or was subject to another party’s claim.

the Signification of Words.

law from a law school, abbreviated to LLB, which means that the recip- ient has successfully completed three years of law studies in addi- tion to at least three undergraduate years on any subject. Since the early 1960s most accredited law schools grant a Juris Doctor (JD) degree in- stead of the LLB. Law schools which made the switch allowed the prior holders of the LLB to claim the JD retroactively. (See: Juris Doctor)

Temporary release of an accused person awaiting trial, in exchange for security or surety ensuring their appearance in court. Bailable offences carry a right to bail; non-bailable offences require judicial discretion.

A written undertaking executed by the accused and their surety guaranteeing that the accused will appear before court whenever required. Failure to appear results in forfeiture of the bond amount.

one-man-one-vote decision, the court ruled that districts which were malapportioned (varied substantially in population) denied the voters equal protection and were there- fore unconstitutional.

build the tension.

utter: v. 1) to issue a forged docu- ment. 2) to speak. (See: forgery) uxor: n. Latin for “wife.” In deeds and documents the term “et ux.” is sometimes used to mean “and wife,” stemming from a time when a wife was a mere legal appendage of a man and not worthy of being named. 422

specialty due to complex regula- tion as well as administration. Ini- tial fees must be paid up front bythe petitioner or the creditors, but much of the assets may be eaten up by the court-approved fees of the trustees and attorneys (al- though often the attorneys find no assets available for payment).

the Federal Reserve System pro- vided they meet safe standards of operation and have sufficient fi- nancial reserves. Bank accounts are insured up to $100,000 per ac- count by the Federal Deposit In- surance Corporation. Most banks are so-called “commercial” banks with broad powers. In the east and midwest there are some “savings” banks which are basically mutual banks owned by the depositors, concentrate on savings accounts, and place their funds in such safe investments as government bonds.

The regulatory body governing the legal profession in Pakistan. Provincial Bar Councils regulate advocates in each province; the Pakistan Bar Council regulates at the national level under the Legal Practitioners and Bar Councils Act 1973.

must sign off upon sale, but if it says “or” then only one will have to sign; if

ically in Sarah’s name if it reads “or,” but not if it reads “and.” annuity: n. 1) an annual sum paid from a policy or gift. 2) short for a pur- chased annuity policy which will pay dividends to the owner regularly for years or for life. answer: n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An answer gen- erally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in 39

subject to criminal punishment and/or discipline by the state bar, but there must be a showing that the resulting lawsuit was totally groundless. There is a lot of bor- der-line barratry in which attor- neys, in the name of being tough or protecting the client, fail to seek avenues for settlement of disputes or will not tell the client he/she has no legitimate claim. barrister: n. in the United States a fancy name for a lawyer or attorney.

elections. 1. The right of citizens of the

provision of the First Amendment, the court cannot constitutionally re- strict the media from printing or broadcasting information about the case, so the only way is to put a gag on the participants under the court’s control. In Canada, however, the media can be restricted, as in a fa- mous case in which American news- papers were smuggled across the border to report on a particularly lurid sex-murder case in which a second accused person was yet to be tried. A gag order can also be made by an executive agency such as when President George Bush issued a gag order which forbade federally funded health clinics from giving

the competency of the maker of the will (testator) at the time the will was signed, the “undue influence” of someone who used pressure to force the testator to give him/her substan- tial gifts in the will, the existence of another will or trust, challenging il- 430

a hair-permanent kit in which the formula will cause loss of hair to women with sensitive scalps, and

referring to a “franchise tax” which is placed on businesses (especially corporations) for the right to conduct business, as distinguished from a tax on property, income or profits tax.

basis that, in fact, she was entitled to the property through her parents. ejusdem generis : (eh-youse-dem generous) adj. Latin for “of the same kind,” used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of per- sons or things specifically listed.

rules for copyrighting artistic works and regulating international copyright matters. best evidence rule. N. A rule requiring that the best and most reli- able evidence be presented at trial instead of less reliable evidence; thus, if the original version of a document or photograph is avail- able, it should be presented instead of a copy. bestiality. N. Sexual activity between a human and an animal. Better Business Bureau. N. A private, nonprofit organization that assists consumers and businesses with marketplace issues such as advertising and selling practices. beyond a reasonable doubt. ADJ. In a criminal case, proven by

also Best Actor, Director, Sup- porting Actress, and Screenplay.

asking that John pay child support for the child. The New Mexico pater- nity suit is collateral to the Colorado divorce action. collateral attack: n. a legal action to challenge a ruling in another case. For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit try- ing to prove a claim that he is not the father of the child. A “direct attack” would have been to raise the issue of paternity in the divorce action. collateral descendant: n. a relative descended from a brother or sister of an ancestor, and thus a cousin, niece, nephew, aunt or uncle. (See: de-

homosexuals, women or men, defen- dants or plaintiffs, large corporations, or local parties. Getting a “hometown” decision is a form of bias which is the bane of the out-of-town lawyer. There is also the subtle bias of some male judges in favor of pretty women. Obvi- ous bias is a ground for reversal on ap- peal, but it is hard to prove, since judges are usually careful to display apparent fairness in their comments. 62

by the Retail Clerks Union, and Cup- board Canning and Wheato Bread are selling foodstuffs to Big Basket. The

ement in product liability law is that a person who suffers harm need prove only the failure of the product to make the seller, distributor and/or manufacturer reliable for damages.

stock,” and he meant shares in a corporation, and Sam Seller said, “I’ll sell all my stock to you,” and meant his cattle. (See: contract) memorandum: n. 1) a brief writing, note, summary or outline. 2) A “memorandum of decision,” or “memorandum opinion,” is a brief statement by a judge announcing his/her ruling without detail or giving extensive reasons, which may or may not be followed by a more comprehensive written deci- sion. Such memoranda (plural) are issued by appeals courts in lan- guage such as: “The petition of ap- pellant is denied for the reasons stated in Albini v. Younger” or “The decision below is affirmed.”

pected to make legalized abortion continue in the future. abrogate: v. to annul or repeal a law or pass legislation that contradicts the prior law. Abrogate also applies to revoking or withdrawing condi- tions of a contract. (See: repeal)

372

construction: n. the act of a lawyer or court in interpreting and giving meaning to a statute or the lan- guage of a document such as a con- tract or will when there is some ambiguity or question about its meaning. In constitutional law, there is a distinction between lib- eral construction (broad construc- tion) and strict construction (nar- row construction). Liberal con- struction adds modem and soci- etal meanings to the language, while strict construction adheres closely to the original language and intent without interpretation. (See: strict construction) constructive: adj. a legal fiction for

ments to the federal Constitution de- manded by several states in return for ratifying the Constitution, since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787.

effective in 1975, that requires its signatories to prohibit the creation and stockpiling of biological weapons such as disease-causing microbes. bipartisan. ADJ. Containing representatives from both of two sides or parties. blackacre. N. The name of a fictitious piece of property used as an example in teaching and discussing property law; sometimes the term “whiteacre” is used as well. black letter law. N. An informal term for basic principles of law.

Ohio State Bar Association; 1700 Lake Shore Drive, P.O. Box 1562, Columbus, OH 43216;

which the threat is to expose em- barrassing, damaging information to family, friends or the public. (See: blackmail, robbery, theft) extradition: n. the surrender by one state or country of a person charged with a crime in another state or country. Formally, the re- quest of the state (usually through the Governor’s office) claiming the right to prosecute is made to the

where she lived and died, but juris- diction over her title to real estate in

property, but provides that title (legal ownership) will be granted to “Bob Buyer or nominee,” so that

demand of $9,000 for Hardhat’s in- jury; he is entitled to a contribution of $3,000 from each of his partners. contributory negligence: n. a doc- trine of common law that if a person was injured in part due to his/her own negligence (his/her negligence “con- tributed” to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the acci- dent. Under this rule, a badly injured person who was only slightly negli- gent could not win in court against a very negligent defendant. If Joe

rived when the District Attorney himself proved the accused person in- nocent and declared nolle prosequi. nolo contendere: (no-low kahn-ten- durr-ray) n. Latin for “I will not con- test” the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty, often called a “plea of no contest.” (See: no contest) nominal damages: n. a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm. The most famous case of nominal dam- ages was when Prime Minister Win- ston Churchill was awarded a shilling

of legal ethics when D.A. real- izes defendant is not guilty, based on actual case tried by future Attorney General

special verdict: n. the jury’s deci- sions or findings of fact with the ap- plication of the law to those facts left up to the judge, who will then ren- der the final verdict. This type of limited verdict is used when the legal issues to be applied are com- plex or require difficult computa- tion. (See: specific finding) specific bequest: n. the gift in a will of a certain article to a certain per- son or persons. Example: “I give my diamond engagement ring to my niece, Sophie.” (See: bequest, will) specific devise: n. the gift in a will of a certain piece of real estate to a cer- tain person or persons. Example: “I

in camera : adj. or adv. phrase. Latin for “in chambers.” This refers to a hearing or discussions with the judge in the privacy of his chambers (office rooms) or when spectators and jurors have been excluded from the court- room. (See: in chambers) incapacity: adj. 1) not being able to perform any gainful employment due to congenital disability, illness (in- cluding mental), physical injury, ad- vanced age or intellectual deficiency.

alternative pleading: n. a legal fic- tion in which a party to a lawsuit or a defendant charged with a crime can plead two ways which are inconsistent with each other.

as was her daughter, who was first in her class at Union College of the Law (now Northwestern).

ernment contracts (cutting in the roads commissioner for a secret percentage of the profit), giving a bottle of liquor to a building inspec- tor to ignore a violation or grant a permit, or selling stock to a Con- gressman at a cut-rate price. Exam- ple: Governor (later Vice President)

Data available Library of Congress Cataioging in Publication Data Data available ISBN0-19-860756-3 6 Typeset in Swift by Market House Books Ltd, Printed in Great Britain by Clays Ltd, St Ives pic Preface This dictionary has been written by a distinguished team of academic and practising lawyers. It is intended primarily for those without a qualification in law who nevertheless require some legallmowledge in the course of their work: chartered surveyors and accountants, civil servants and local-government officers, social workers and probation officers, as well as businessmen and legal secretaries are typical

drunk at a dinner at the White

(1954) in which ChiefJustice Earl War- ren, for a unanimous Supreme Court, ruled that “separate but equal” educa- tional facilities for blacks were inher- ently unequal and unconstitutional since the segregated school system did 156

stairs, killing him. Both are volun- tary manslaughter. However, if either man had used a gun, a mur- der charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another fol- lowed by a killing before the passion cools usually limits the charge to vol- untary manslaughter and not murder, but prior attacks could convince a

results of the presidential election at stake, the Supreme Court by a vote of 5-4 reversed the decision of the Florida Supreme Court which had granted a hand recount of ballots in three Florida counties requested by the campaign of Vice

“tolled” until he/she becomes 18 and decides whether or not to sue. Thus the minor has two years after 18 to file suit, b) state law allows 10 years to collect a judgment, but if the judgment debtor (party who owes the judgment amount) leaves the state, the time is “tolled,” so the judgment creditor (party to whom judgment is owed) will have extra time to enforce the judgment equal to the time the debtor was out of state. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge or take passage on a ferry. tontine: n. a rare agreement among several persons who agree that each will invest in an annuity and the

adage: “a bell once rung, cannot be un- rung,” applies. 92

sued by Market Bag Grocers for selling below standard butter. Bet- ter Buy Market has also been buy- ing Buttercup’s butter and wishes to intervene (join in the lawsuit) to avoid either a loss by Market Bag which would affect Better Buy’s possible claim, and also to avoid two separate suits. Or another but- ter company might want to join the suit on Buttercup’s side in order to put up a united front with Butter- cup against the markets. (See: in- tervention, joinder, multiplici- ty of suits) intervening cause: n. an event which occurs between the original improper or dangerous action and the damage itself. Thus, the “causal

person before the deal closes, or be- cause Buyer is really acting for someone else. 3) the executor pro- posed by a person in a will is a nom- inee until officially appointed by the judge after the testator (will writer) has died, and the will is submitted for probate (administration of the es- tate). 4) a person chosen by conven- tion, petition or primary election to be a candidate for public office. (See: agent, executor) non compos mentis (nahn com-pose meant-is) adj. referring to someone who is insane or not mentally com- petent to conduct one’s affairs. (See: competent, compos mentis ) non-conforming use: n. the existing

some other useful identification.

(which has a sales tax), orders a freezer from a company in a state with no sales tax. California will attempt to charge a “use” tax equivalent to its sales tax. usurious: adj. referring to the inter- est on a debt which exceeds the maximum interest rate allowed by law. (See: usury) usury: n. a rate of interest on a debt which is exorbitant and in excess of the percentage allowed by law.

The law is everyone’s business. Sooner or later, we all must deal with it. Just finding a place to live involves understanding an apartment lease or the myriad documents involved in buying a house. But to the average non-lawyer, the language of the law often seems like a secret code, designed to keep us confused, uncertain, and afraid. In The

whose neighbors ostracized him during Ireland’s Land League rent wars in the 1880’s. Boycotts are not illegal in themselves, unless there are threats of violence in- volved. A “secondary” boycott, which boycotts those who do business with the primary target of the boy- cotters, is an unfair labor practice under federal and state laws. (See: secondary boycott) breach: 1) n. literally, a break. A breach may be a failure to perform a contract (breaking its terms), fail- ure to do one’s duty (breach of duty, or breach of trust), causing a distur- bance, threatening, or other violent acts which break public tranquility

and freight charges to be paid on goods purchased and shipped. circuit courts: n. a movable court in which the judge holds court sessions at several different locations for pre- specified periods of time. In effect, the judge “rides the circuit” from town to town and takes the “court” with him/her. Formerly, the Federal Dis- trict Courts of Appeal were called the

certificate of incorporation: n. doc- ument which some states issue to prove a corporation’s existence upon the filing of articles of incorporation.

cease and desist order. N. An order by a court, agency, or judicial body telling someone to stop doing a particular activity, usually because the activity in question is illegal. censor. N. A person who examines published media, including print and film, in search of objectionable or offensive content. V. To examine published media looking for offensive content and suppressing it when found. censorship. N. The practice of censoring. censure. N. A formal reprimand or expression of disapproval. V. censure.

chain of title. N. The history of ownership of a property, listed from the original owner to the present one. challenge. V. To object; to dispute the truth of a statement. N. (1) An objection. (2) An objection by a lawyer to the inclusion on the jury of a juror proposed by opposing counsel. challenge, peremptory. N. An objection to including a juror for no particular reason; each party is permitted a certain number of peremptory challenges. challenge for cause. N. An objection to a juror based on a specific reason, which the judge must approve. chamber. N. A hall or room in which a judicial or legislative body

circuit. N. A judicial division of a state or the country, usually covering several counties or districts.

consolidation of actions. N. Combining several related lawsuits into a single action. consolidation of corporations. N. Combining two or more corpora- tions by destroying them and creating a new corporation with the assets and liabilities of the now nonexistent ones. See also merger. consortium. N. (1) A married person’s right to fellowship, help, and affection from his or her spouse. (2) An association of several companies that join together to pursue a common object for a specified period of time, in which the members do not assume liability for one another’s actions. PL. consortia. consortium, loss of. N. A cause of action that can be brought by

of 1985. code. N. A systematic collection of laws, regulations, or rules. code, civil. N. The collection of laws based on the French Napoleonic Code that governs Louisiana jurisprudence. Also known as code civil. code, penal. N. A collection of laws dealing with criminal acts and punishments. See also United States Code. co-defendant. N. Someone who is a defendant together with someone else accused of the same crime or offense, or who is sued with another defendant in a single action. code of military justice. N. The collection of laws that govern the administration of military justice for all the armed services of the

culpa. N. (Latin) Fault, blame. culpable. ADJ. Guilty; deserving blame or punishment. N. culpa- bility. culprit. N. A person who commits a crime or wrongful act; a person accused of a crime. cumulative. ADJ. Increasing with new additions; piling up. cumulative voting. N. A system of shareholder voting in which a shareholder is allowed to apply all of his or her votes to one candi- date for a board of directors instead of having to cast separate votes for each office, allowing minority shareholders a chance for meaningful representation. curative. ADJ. Able or intended to correct a legal error. curative instruction. N. An instruction given by a judge to a jury

devise: 1) v. an old-fashioned word for giving real property by a will, as dis- tinguished from words for giving per- sonal property. 2) n. the gift of real property by will. (See: bequest, gift, legacy, remise, will) devisee: n. a person who receives a gift of real property by a will. The distinc- tion between gifts of real property and personal property is actually blurred, so terms like beneficiary or legatee cover those receiving any gift by a will. (See: beneficiary, legatee) devolution: n. the transfer of rights, powers or an office (public or private) from one person or government to another. (See: devolve)

reverse discrimination case which found that a white applicant for a medical school which received federal funding could not be ex- cluded due to his race (a limited quota for whites under the school s admission plan) due to the non-dis- crimination provisions of the 1964

ing violence, rape, use of a deadly weapon or molestation. The impetus for “three strikes, you’re out” has come from public outrage over mur- ders, assaults, rapes and child mo- lestations by released ex-convicts with records of repeated violent crimes. Concern has been expressed about the provisions in some of the bills which prohibit plea bargaining of any charged felony down to a mis- demeanor, deny any judicial discre- tion in sentencing and do not distin- guish between violent felonies and cases of non-violent crimes which in- volve small amounts of money. tide lands: n. land between the high

new assessment can only take place upon sale of real property. asset: n. generally any item of property that has monetary value, including articles with only sentimental value (particularly in the estates of the dead). Assets are shown in balance sheets of businesses and inventories of probate estates. There are current assets (which includes accounts re- ceivable), fixed assets (basic equip- ment and structures), and such in- tangibles as business good will and rights to market a product. assign: 1) v. to transfer to another person any asset such as real prop- erty or a valuable right such as a

quartered in San Francisco.

the deposition and $500 attorney’s fees to the opposing counsel, c) Defen- dant Danny Dipper says “you son-of-a- bitch” in court when the judge fines him $100 for jay-walking. The judge imposes a sanction of $200 and a day in jail for Danny’s contempt of court. 2) v. to impose a fine or penalty as part of a judge’s duty to maintain both order and fairness in court. 3) v. in in- ternational law, to impose economic constraints on trade against a country that violates international law or is guilty of human rights violations. 4) v. to allow or approve. This meaning is ironically in contrast to the other defi-

a newly found expert in his list of wit- nesses, but the date for adding to the list has passed. The judge permits the added witness, but allows the opposi- tion to take the expert’s deposition, and imposes a sanction (fine) on

appointed in 1916 and 1917, were not lawyers but writers of legisla- tion and advocates of the legal rights of women and children.

ways: tear up the document or mark on its face that it is cancelled, void, or terminated if the debt for which it stood has been paid. It is important that the document (like a promisso- ry note) itself become no longer oper- ative either by destruction or mark- ing, so that it cannot be used again. cancellation: (See: cancel) employed in certain Asian countries (notably Singapore) even for misde- meanors (lesser crimes) in which the convicted defendant receives several lashes with a flexible “cane” meted out by a husky and skilled whipper.

ignition, his 10-year-old son could not have started the car and backed it over Polly Playmate. So Charlie’s act was the sine qua non of the in- jury to Playmate. situs: n. Latin for “location,” be it where the crime or accident took place or where the building stands. slander: n. oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.

recognizing a marriage for purposes of giving the other party the rights of a spouse, including inheritance or employee benefits. Such informal partnerships are recognized by some local governments for purpos- es of the rights of a spouse under employment contracts and pension rights even where the state does not recognize this as a marriage. (See: cohabitation) common property: n. 1) real prop- erty owned by “tenants in com- mon,” who each have an “undivid- ed interest” in the entire property. 2) property managed by a home- owners’ association in a condomini- um project or a subdivision devel-

declared unconstitutional in 1949. (See: convey, deed, restrictive covenant, rule against perpetu- ities, use) restraint of trade: n. in antitrust law, any activity (including agree- ments among competitors or compa- nies doing business with each other) which tends to limit trade, sales and transportation in interstate com- merce or has a substantial impact on interstate commerce. Most of these actions are illegal under the various antitrust statutes. Some state laws also outlaw local re- straints on competitive business ac- tivity. (See: antitrust laws, mo- nopoly, trust) restriction: n. any limitation on ac-

to affirmative action the programs have been upheld. In 1995 there was substantial political agitation to repeal or modify federal and state affirmative action laws. affirmative defense: n. part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges, which are called “affirmative defenses.” These defenses can contain allegations, take the initiative against state- ments of facts contrary to those stat- ed in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the “boiler-

incorporation: n. the act of incorpo- rating an organization. (See: corpo- ration, incorporate) incorporeal: adj. referring to a thing which is not physical, such as a right.

A formal notice filed with a court requesting that no order be passed on a matter without first notifying and hearing the person who filed the caveat. Commonly used to prevent ex-parte orders.

7 Hill Street Birmingham B54UA Tel 0121 625 1300 Web www.ofwat.gov.uk Ombudsmen Estate Agents Ombudsmen Beckett House Fourbridge Street Salisbury SP12LX Tel 01722 333306 Web www.oea.co.uk Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E149SR Tel 0845 080 1800 Web wwwfinancial-ombudsman.org.uk Appendix I Independent Housing Ombudsman Norman House 105-109 Strand London WC2ROAA Tel 020 7836 3630 Web www.ihos.org.uk Office of the Legal Services Ombudsman 22 Oxford Court Oxford Street Manchester M23WQ Tel 0161839 7262 Web www.olso.org Commission for Local Administration in England

premacy of Constitution, treaties, and law of the United States. Oath to support Constitution, by whom taken. No religious test. 1. All debts contracted and en- gagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the

The charge-sheet submitted by police to a Magistrate upon completion of investigation, listing the accused, evidence, and sections of law alleged to have been violated. Known formally as the "police report" under Section 173 CrPC.

special for all flights over 1,000 miles, and, within a week, several other airlines offer the same bargain, b) Rumble Oil Company stations set gasoline prices at $1.38 for premium and the next day all gas stations in the Rumble market area set their pumps at $1.38. Coincidence? No, conscious parallelism. consent: 1) n. a voluntary agreement to another’s proposition. 2) v. to volun- tarily agree to an act or proposal of an- other, which may range from con- tracts to sexual relations. consent decree: n. an order of a judge based upon an agreement, almost al- ways put in writing, between the par-

curred thirty years earlier. double taxation: n. taxation of the same property for the same purpose twice in one year. This is generally prohibited if it occurs through such circumstances as transfer of proper- ty which has been taxed once and then the tax is imposed on a new owner. However, if all property in a jurisdiction is taxed twice in the same year, it is legal since it is not discriminatory or unfair. 147

business to reorganize and refi- nance to be able to prevent final in- solvency. Often there is no trustee, but a “debtor in possession,” and considerable time to present a plan of reorganization. Sometimes this works, but often it is just a bottom- less pit of more debt and delay. The final plan often requires creditors totake only a small percentage of the debts due (what is owed them) or to take payment over a long period of time. Chapter 13 is similar to Chap- ter 11, but is for individuals to work out payment schedules, which is more likely to be worthwhile.

character. N. A person’s moral qualities; reputation; disposition. character evidence. N. Evidence about a person’s reputation in society. character witness. N. A witness who attests to a person’s reputa- tion and moral qualities. charge. V. (1) To accuse someone of an offense. (2) To entrust someone with a duty. (3) To request money for something purchased or provided. (4) To issue instructions to a jury as to how they should analyze the facts and arguments presented at trial. N. charge. charitable. ADJ. Done out of benevolence or a desire to help those in need.

certum est quod certum reddi potest [Latin] If something is capable of being made certain, it should be treated as certain. For example, a landlord can only distrain for rent (see DISTRESS) if the amount of rent is certain. However, if the amount of the rent is capable of being ascertained, it is treated as certain. cessate grant A grant (e.g. of a lease) renewing a previous grant that has lapsed. cesser n. The premature termination of some right or interest. For example, if land is held in trust for A for life so long as he does not marry and then for B, there is a cesser of A's life interest if he marries. A mortgage under which the mortgagor

tablished under state guidelines and require IRS approval in order for con- tributions to them to be deductible from gross income by donors. (See: charitable contribution) charter: n. the name for articles of in- corporation in some states, as in a cor- porate charter. (See: corporation) 82 chattel: n. an item of personal property

children have a “contingent remain- der,” which they will receive if Char- la dies before title passes. A remain- der is distinguished from a “rever- sion,” which gives title back to the grantor of the property (upon Sally’s death, in the example) or to the grantor’s descendants; a reversion need not be spelled out in a deed or will, but can occur automatically by “operation of law.” (See: contingent remainder, deed, reversion, title, vested remainder)

eating a series of laws establishing the rights of English barons and major landowners and limiting the absolute authority of the King of England. It became the basis for the rights of English citizens.

effective in 1997 that prohibits its signatories from creating and stockpiling chemical weapons such as nerve gases. chief. ADJ. Most important; highest ranking. N. Leader or head. chief justice. N. The judge who presides over a court with more than one judge. child. N. (1) Offspring, a son or daughter. (2) A person under the age of majority; a minor. PL. children. child abuse. N. Physical, sexual, or mental mistreatment of a child. child labor laws. N. Laws regulating the hours, conditions, and nature of work that may be performed by children. Children’s Internet Protection Act. N. A federal law enacted in 2000

vet Liam Neeson and gets help from juror Dennis Quaid with more fun than logic. Also John

turned down in 1869, but in 1872 was made an “honorary” member of the Illinois Bar Association. Mrs.

unlawful detainer: n. 1) keeping possession of real property without a right, such as after a lease has expired, after being served with a notice to quit (vacate, leave) for non-payment of rent or other breach of lease, or being a “squatter” on the property. Such pos- session entitles the owner to file a law- suit for “unlawful detainer,” asking for possession by court order, unpaid rent and damages. 2) a legal action to evict a tenant or other occupier of real prop- erty in possession, without a legal right, to declare a breach of lease, and/or a judgment for repossession, as well as unpaid rent and other dam-

field, Southern District at East St.

dispute over judicial appointments to declare a judiciary act unconstitu- tional, in order to establish the power of the Supreme Court to de- cide the constitutionality of statutes.

sion struck down state barriers to interstate commerce. The case in- volved a steamboat operator who was denied a license by one of the states he serviced.

in Gibbons v. Ogden (1824). Theoreti- cally commerce is regulated by the

of any State Supreme Court and the

fused with alimony (spousal sup- port) which is for the ex-spouse’s support. Child support is not deductible from gross income for tax purposes (but may allow a depen- dent exemption) nor is it taxed as in- come, unlike alimony, which is de- ductible by the payer and taxed as the adult recipient’s income. (See: alimo- ny, child custody, dissolution of marriage, divorce, spousal sup- port, change of circumstances) churning: n. the unethical and usual- ly illegal practice of excessive buying and selling of shares of stock for a customer by a stockbroker or sales agent for the purpose of obtaining

la’s children if she does not survive.

fused with professional canons, which are rules of conduct with no religious connection. cap: n. slang for maximum, as the most interest that can be charged on an “adjustable rate” promissory note.caning: n. a punishment for crimes 73

game n. Wild animals or birds hunted for sport or food. The Game Acts define these as including hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. The right to game belongs basically to the occupier, although in leases it is frequently reserved to the landlord rather than the tenant. See also POACHING. gaming (gambling) n. Playing a game in order to win money or anything else of value, when winning depends on luck. There are various restrictions upon gaming, dependmg on whether It takes place in controlled (i.e. licensed or registered) or uncontrolled premises. If the premises are uncontrolled, it is illegal to playa game

circumstantial evidence: n. evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact. There is a public perception that such evi- dence is weak (“all they have is cir- cumstantial evidence”), but the proba- ble conclusion from the circumstances may be so strong that there can be lit- tle doubt as to a vital fact (“beyond a reasonable doubt” in a criminal case, and “a preponderance of the evidence” in a civil case). Particularly in criminal cases, “eyewitness” (“I saw Frankie 84

ume and page number of published reports of every appeals court deci- sion which cites a previously decid- ed case or a statute. Shepard’s ex- ists for all sets of reports of appeals cases, and is updated every month with supplemental booklets. While it looks like a mathematician’s book of tables, Shepard’s Citations is an invaluable tool in finding appeals decisions which either follow, distin- guish or deviate from prior case law. (See: reports) sheriff: n. the top law enforcement of- ficer for a county, usually elected and responsible for police protection outside of incorporated cities, man-

abridged. 1. All persons bom or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the

458

prescribe. V. (1) To direct, guide, or recommend; to order that some action be taken. (2) To claim the right to use something based on a history of having used it for a long time; to claim an easement to land on the basis of having used the land for a period of time already. prescription. N. (1) A recommendation or order given by some authority, such as a doctor’s prescription. (2) The acquisition of an easement through continuous use of some property; such an ease- ment is called a prescriptive easement. pre-sentence report. N. A report on a convicted criminal including employment history, education, prior arrest and conviction history,

A non-criminal court proceeding in which a private party seeks remedy or compensation for a legal wrong. Governed by the Code of Civil Procedure 1908 (CPC) in Pakistan.

411

grace period: n. a time stated in a contract in which a late payment or performance may be made with- out penalty. Often after the grace period ends without payment or performance by the person who is supposed to pay, the contract is suspended. Example: if a person does not pay his/her insurance payment (premium) by the stated deadline, he/she usually has a few days extra to pay before the ab- solute deadline. If the person does not pay by then, the insurance company cancels the contract, i.e. your insurance. grandfather clause: n. 1) a clause in a statute or zoning ordinance (particularly a city ordinance)

pointed by President Bush, 1991;

daughter lawyers battle in court in fair flick made better by two leads, Gene Hackman and

criminal syndicate like the inter- national drug cartel headquartered in Colombia. (See: antitrust laws,) case: n. short for a cause of action, lawsuit, or the right to sue (as in “does he have a case against

32

affidavit: n. 1) any written document in which the signer swears under oath before a notary public or someone au- thorized to take oaths (like a County

(1998): The recently enacted line item veto was declared unconstitu- tional since it gave the executive a legislative function.

more than one person has a legal in- terest in the same thing. (See: own) own recognizance (O.R.): n. the basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant’s own promise to appear and his/her reputation. The judge may consider the seriousness of the crime charged, the likelihood the defendant will always appear, the length of time the person has lived in the area, his/her reputation in the community, his/her employ- ment, financial burdens and the de- meanor of the accused. In minor crimes, traffic offenses and technical

draft: 1) n. a bill of exchange or check in which one party (including a bank) is directed by the party draft- ing (writing) the bill or check to take money from the drafter’s (writer’s) bank account and pay it to another person or entity. 2) v. to prepare and sign a bill of exchange or check. 3) n. a less than final document, which is ready for discussion, rewriting and/or editing, such as a book, a pro- posal, or a legislative bill. 4) n. com- pulsory enrollment of non-volun- teers for military service by lottery, as existed under the Selective Ser- vice System during World War I, from 1940 as World War II threat-

ty: n. a set of rules governing the eth- ical conduct of attorneys in the prac- tice of the law. It covers such topics as conflicts of interest, honesty with clients, confidentiality and conduct to- ward other attorneys and the courts.

the order in which they were recorded or filed (in the case of security agree- ments), except tax liens, which have priority over the private citizen’s claim. (See: abstract of judgment, deed of trust, equitable lien, judg- ment debtor, landlord’s lien, me- chanic’s lien, mortgage) lienor: n. a person who holds a lien on another’s property or funds. (See: lien) life estate: n. the right to use or occu- py real property for one’s life. Often this is given to a person (such as a family member) by deed or as a gift under a will with the idea that a younger person would then take the property upon the death of the one

nal Procedure), and courts have so- called ‘local rules,” which govern times for filing documents, conduct of the courts and other technicali- ties. Law practice before the federal courts operates under the Federal

A criminal offence for which police may arrest without a warrant and investigate without prior permission of a Magistrate. Listed in the First Schedule of the CrPC, and includes serious offences such as murder and robbery.

1. The District constituting the seat of Government of the United

land, the bible on the common law, sipped from a bottle of port while writing. When the bottle was empty the day's work was done.

torneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence. Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence.

Internet Protocol. N. (1) The set of rules governing communication among computers across a computer network or the Internet. (2)

security agreements must be filed with a specific public agency (e.g. a state Secretary of State) to protect buyers of the personal property and lenders making loans secured by the property. (See: UCC-1) check: n. a draft upon a particular ac- count in a bank, in which the draw- er or maker (the person who has the account and signs the check) directs the bank to pay a certain amount to the payee (which may include the drawer, “cash,” or someone else).

First Amendment. N. An amendment to the Constitution added with the Bill of Rights, guaranteeing freedom of speech, assembly, reli- gion, press, and the right to petition the government for redress of grievances. first-degree murder. N. Killing someone deliberately and intention- ally, having planned it beforehand, with extreme cruelty, or while committing another felony. first impression. N. The first consideration of something, particu- larly the first time a case appears before a court and presents an entirely new question of law that has never been considered before, and thus has no precedents to guide the decision.

registered voter. N. A person whose name is listed on the rolls of voters for a particular state or county. register of deeds. N. An officer responsible for recording property transactions in the public records.

stolen. ADJ. Acquired through theft. V. steal. stonewall. V. To refuse to answer questions or to give evasive answers in order to delay or block some action, particularly a polit- ical action. stop. V. To prevent someone from moving; to restrain someone’s liberty. N. stop. stop and frisk. N. The action by a police officer of stopping a person suspected to be armed and dangerous and running his or her hands over the outside of the suspect’s clothing to locate any concealed weapons. straddle. N. The securities trading practice of placing a contract to buy (put option) and a contract to sell (call option) on the same

applied without reference to statute. common-law marriage: n. an agreement between a man and woman to live together as husband and wife without any legal formali- ties, followed and/or preceded by 94

the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints.

good law. —Justice William O. Douglas payor (payer): n. the party who must make payment on a promissory note. peaceable possession: n. in real es- tate, holding property without any adverse claim to possession or title by another. 307

right and wrong, and to discern and interpret facts. V . To think about facts and form a judgment based on them; to attempt to persuade someone to think a certain way through the use of evidence and logic. reasonable. ADJ. Appropriate; based on common sense and good judgment; fair and just. reasonable belief. N. A belief based on facts, circumstances, and information trustworthy enough to make a person of ordinary intel- ligence and caution believe something is the case, commonly used

called “personalty.” (See: intangi- ble property, personal proper- ty, personalty) tax: n. a governmental assessment (charge) upon property value, transac- tions (transfers and sales), licenses granting a right and/or income. These include federal and state income taxes, county and city taxes on real property, state and/or local sales tax based on a percentage of each retail transaction, duties on imports from foreign coun- tries, business licenses, federal tax (and some states’ taxes) on the estates of persons who have died, taxes on large gifts and a state “use” tax in lieu of sales tax imposed on certain goods

Compact Clause. N. Article I, Section 10, Clause 3 of the U.S. Constitution, prohibiting states to enter into compacts with other states or with foreign nations (i.e., interstate compacts) without the consent of Congress. company. N. A group or association of people with the purpose of running a business or commercial enterprise; a business. company, joint stock. N. A company that raises capital by pooling the contributions of its members, which are then divided into shares that are distributed to members to represent their share of ownership of the company. comparative negligence. N. A system under which negligence is

consolidation of actions A procedure in civil cases by which two or more cases may be amalgamated. It is generally necessary to show that some common question of law or fact will arise in all the cases. The purpose of consolidation is to save costs and time. consolidation of mortgages The right of a mortgagee who has taken mortgages on two or more properties from the same mortagor to require the mortgagor to redeem all of the mortgages or none, provided that the contractual date of redemption (see POWER OF SALE) for all of them has passed. The right arose because it was considered unfair to a mortgagee to have one security redeemed

tem of hearings and quasi-judicial de- terminations by administrative law judges and appeal boards. However, if worker’s’ compensation is granted, it becomes the only remedy against an employer and does not include gener- al damages for pain and suffering.

work product: n. the writings, notes, memoranda, reports on conversa- tions with the client or witness, re- search and confidential materials which an attorney has developed while representing a client, particu- larly in preparation for trial. A “work product” may not be demanded or subpenaed by the opposing party, as are documents, letters by and from third parties and other evidence, since the work product reflects the confidential strategy, tactics and the- ories to be employed by the attorney.

status crime. N. A crime based on a person’s character or condition rather than on actually committing a wrongful act, such as the condition of being a drug addict; laws defining status crimes are generally held to be unconstitutional. status quo. N. The usual state of things at a particular time. status quo ante. N. The normal state of things before a particular event occurred.

soldiers.

object to the witness against him/her (sometimes depending on whether the witness can identify the defen- dant) and to cross-examine that wit- ness. (See: Bill of Rights, witness) confusingly similar: adj. in the law of trademarks, when a trademark, logo or business name is so close to that of a pre-existing trademark, logo or name that the public might misidentify the new one with the old trademark, logo or name. Such con- fusion may not be found if the prod- ucts or businesses are clearly not in the actual or potential product mar- kets or geographic area of the other. (See: trademark) conjugal rights: n. a spouse’s so-called

preemption, a federal or state court may decide the issue on the basis of history of the legislation (debate in

scribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act according- ly, until the disability be removed, or a President shall be elected. (This clause was modified by Amend- ments XX and XXV.) 6. The President shall, at stated times, receive for his services, a com- pensation, which shall neither be in- creased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolu- ment from the United States, or any of them.

a “bill” until enacted and becomes law. 3) v. for a court to make a deci- sion and rule on a motion or peti- tion, as in “the court will act on your motion for a new trial.” action: n. a lawsuit in which one party (or parties) sues smother. (See: cause of action, lawsuit) actionable: adj. when enough facts or circumstances exist to meet the legal requirements to file a legiti- mate lawsuit. If the facts required to prove a case cannot be alleged in the complaint, the case is not “ac- tionable” and the client and his/her attorney should not file a suit. Of course, whether many cases are ac- tionable is a matter ofjudgment and

(See: civil liberties, civil rights)

sand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dol- lars for each person. 2. The privilege of the writ of habeas corpus shall not be suspend- ed, unless when in cases of rebellion or invasion the public safety may re- quire it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. (Modified by Amendment XVI.) 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by

force this Article by appropriate legis- lation.

specting an establishment of reli- gion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

prosecute a federal government offi- cial for wrongdoing in office. The theory behind appointing a special prosecutor is that there is a built-in conflict of interest between the De- partment of Justice and officials who may have political or governmental connections with that department.

federal standards of meat or other products have preempted state laws. However, federal and state legislation on narcotics control may parallel each other. preemptive right: n. the right of a shareholder in a corporation to have the first opportunity to purchase a new issue of stock of that corpora- tion in proportion to the amount of stock already owned by the share- holder. (See: corporation, share- holder, stock) preference: n. in bankruptcy, the payment of a debt to one creditor rather than dividing the assets equally among all those to whom he/she/it owes money, often by mak- ing a payment to a favored creditor

abridged by the United States or any State by reason of failure to pay any poll tax or other tax. 2. The Congress shall have power to enforce this article by ap- propriate legislation.

a riparian owner may not act to deny riparian rights to the owner of downstream properties along the waterway, meaning the water may not be dammed and channelled away from its natural course. ripe: adj. in constitutional law, refer- ring to a law case appealed from a state or federal court which is ready for consideration by the Supreme

the United States, or in any depart- ment or officer thereof.

court, nor is evidence traced through such illegal evidence. (See: search, search warrant, probable cause, fruit of the poisonous tree) search warrant: n. a written order by a judge which permits a law en- forcement officer to search a specific place (eg. 112 Magnolia Avenue,

the contrary notwithstanding.”

establishing a religion; see also free exercise clause. estate. N. (1) An interest in or ownership of land. (2) All the money, property, and goods that one person owns. estate, equitable. N. An estate that can only be enforced in equity, particularly a trust held in beneficial interest for someone. estate, future. N. An estate for which a person might receive title or interest some time in the future. estate, legal. N. An estate recognized and enforceable by law. estate, vested. N. An estate that is currently owned or held by the person to whom the property interest will go when a life estate or

en ventre sa mere. ADJ. (French) In the belly of one’s mother; unborn but in gestation. environmental impact statement. N . A document that a devel- oper must prepare before receiving approval for a new project, predicting the project’s likely effect on the surrounding envi- ronment. Environmental Protection Agency. N. A federal agency that coordi- nates government actions to protect the environment and prevent pollution. ABBRV. EPA.

taxpayer. N. A person or business that pays taxes; the person or entity subject to taxes on a particular transaction. tax rate. N. The percentage of income or purchase price that must be paid in tax; see also tax bracket.

faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other state.” Thus, a judgment in a lawsuit or a criminal conviction ren- dered in one state shall be recog- nized and enforced in any other state, so long as the original judg- ment was reached by due process of law. Each state has a process for ob- taining an enforceable judgment based on a “foreign” (out-of-state) judgment. full disclosure: n. the need in busi- ness transactions to tell the “whole truth” about any matter which the other party should know in deciding to buy or contract. In real estate

cial Code, if the amount in contro- versy exceeds $10,000. divestiture: n. the court-ordered or voluntary giving up of a possession or right, which is a common result in an antitrust action to prevent mo- nopoly or other restraint of trade. divestment: n. the act of stripping one’s investment from an entity. dividend: n. a portion of profit, usu- ally based on the number of shares of stock in a corporation and the rate of distribution approved by the board of directors or manage- ment, that is paid to shareholders for each share they own. Dividends are not always paid in money, but can be paid in shares of stock,

strict liability: n. automatic respon- sibility (without having to prove neg- ligence) for damages due to posses- sion and/or use of equipment, mate- rials or possessions which are inher- ently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. This is analogous to the doctrine of res ipsa loquitur in which control, ownership and dam- ages are sufficient to hold the owner liable. (See: liability, negligence, res ipsa loquitur) strike: 1) v. to remove a statement from the record of the court proceedings by order of the judge due to impropriety of a question, answer or comment to

states under the 14th Amendment, guarantees criminal defendants a “public trial,” so all criminal proceed- ings are held in “open court.” This does not apply to pre-trial negotia- tions and procedural and motion dis- cussions with the judge, which are usually held in chambers. opening statement: n. the explanation by the attorneys for both sides at the beginning of the trial of what will be proved during the trial. The defen- dant’s attorney may delay the opening statement for the defense until the plaintiff’s evidence has been intro- duced. Unlike a “closing argument,” the opening statement is supposed to

commerce with foreign nations, among the states, and with

“No person... shall be compelled to be a witness against himself,” ap- plied to state courts by the 14th

imply. V. To suggest strongly that something is true without stating it directly. See also infer. import. V. To bring goods into a country for sale. N. Goods brought from another country for sale. See also export. importation. N. The act of importing goods. importer. N. A person who imports goods. See also customs. impossibility. N. A situation that makes it impossible to do some- thing; circumstances that make it impossible to perform a contract,

also has a military officer as coun- sel, who may not be an attorney. (See: court-martial, judge advo- cate general) judge advocate general (J.A.G.): n. a military officer who advises the government on courts-martial and administers the conduct of courts- martial. The officers who are judge advocates and counsel assigned to the accused come from the office of the judge advocate general or are appointed by it to work on certain courts-martial. (See: court-mar- tial, judge advocate) judgment: n. the final decision by a court in a lawsuit, criminal prose- cution or appeal from a lower court’s judgment, except for an “in-

legal confiscation, such as taking an automobile used in illegal drug traf- fic. (See: condemnation, theft) conflict of interest: n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or po- tentially adverse interests of both parties. This includes when an indi- vidual’s personal interests or con- cerns are inconsistent with the best for a customer, or when a public of- ficial’s personal interests are con- trary to his/her loyalty to public business. An attorney, an accoun- tant, a business adviser or realtor cannot represent two parties in a

to any person within its jurisdiction the equal protection of the laws.” (See: due process of law) equitable: adj. 1) just, based on fair- ness and not legal technicalities. 2) refers to positive remedies (orders to do something, not money damages) employed by the courts to solve dis- putes or give relief. (See: equity) equitable estoppel: n. where a court will not grant a judgment or other legal relief to a party who has not acted fairly; for example, by having made false representations or con- cealing material facts from the other party. This illustrates the legal maxim: “he who seeks equity,

browse. V. To move from website to website on the Internet by clicking from one to another; to surf the Web. browser. N. A computer program that allows a user to view and use websites. browse-wrap agreement. N. A contract stating that a user agrees to a website’s terms and conditions. It is created when the user browses the website, without the user actively agreeing to the terms and conditions. See also click-wrap agreement, shrink-wrap agreement. bug. N. A tiny hidden microphone used to secretly monitor conver- sations. V. To record conversations using a hidden microphone. buggery. N. Anal intercourse; sometimes includes bestiality. See

get a better deal from someone working for labor or time and ma- terials should beware and watch receipts and keep track of actual labor hours worked. laches: n. the legal doctrine that a legal right or claim will not be en- forced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of “legal am- bush.” Examples: a) knowing the correct property line, Oliver Owner fails to bring a lawsuit to establish title to a portion of real estate until

Behaviour that disrespects or disobeys the authority of the court, or wilful disobedience of a court order. Punishable under the Contempt of Court Ordinance 2003 in Pakistan.

Martin R. Banham-Hall LLB Solicitor Bernard Berkovits LLB Lecturer in Law, University ofBuckingham P. J. Clarke BCL, MA Barrister; Fellow and Tutorin Law,Jesus College, Oxford Letitia Crabb LLB (Wales), LLM (London) Solicitor; Lecturer in Law, University College ofWales, Aberystwyth J. W. Davies LLB, MA, BCL Fellow ofBrase nose College, Oxford B. Russell Davis MA, LLB Barrister J. D. Feltham BA (Melb.), MA (axon) Fellow ofMagdalen College, Oxford Judith Lewis LLB Solicitor Keith UffMA, BCL (axon) Lecturer in Law, University ofBirmingham Contents Dictionary Useful Addresses Directorates General of the European Commission

unfair that juries tend to ignore it. (See: contributory negligence, damages, negligence) compensation: n. 1) payment for work performed, by salary, wages, commis- sion or otherwise. It can include giv- 96

producers, cotton gins and thou- sands of other enterprises of all sizes. There are also cooperatives in which consumers form retail outlets like grocery stores and share the profits based on the amount of pa- tronage of each member, but they have found it difficult to compete with the giant supermarket chains.

the United States is a party. (See: in- fringement, plagiarism, public domain, trademark)

registration form and two copies of the work with a fee which a) es- tablishes proof of earliest creation and publication, b) is required to file a lawsuit for infringement of copyright, c) if filed within three months of publication, establishes a right to attorneys’ fees in an in- fringement suit. Copyrights cover the following: literary, musical and dramatic works, periodicals, maps, works of art (including models), art reproductions, sculptural works, technical drawings, photographs, prints (including labels), movies and other audiovisual works, com- puter programs, compilations of works and derivative works, and

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1995, all correspondence in regard to the contract between ABC Cor- poration and Merritt”) or it will be subject to an objection that the re- quest is “too broad and burden- some.” To obtain documents from the opposing party, a “Request for

apartment building and sells each apartment to individual owners as condominiums. At the end of the 99 years the building has to be moved (impossible), tom down, sold to Pacif- ic (which need not pay much since the building is old and Highrise has no choice), or a new lease negotiated. Ob- viously, toward the end of the 99 years the individual condominiums 244

no power to enforce the law), the doctrine of fresh pursuit allows him/her to make the arrest. It is also called hot pursuit. (See: hot pursuit) friendly suit: n. a lawsuit filed in order to obtain a court order when the parties to the suit agree on the expected outcome. Such a legal ac- tion will be dismissed if it is an at- tempt to get an advisory opinion, is collusive (deceitfully planned) to get a judgment to set a legal precedent or where there is no real controver- sy. However, such suits are allowed in situations in which the statutes require a court ruling to achieve a “reasonable result,” such as reform-

a person or entity claiming legal rights against another. The party fil- ing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the de- fendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms which can be filled in by an in- dividual. A complaint also must follow statutory requirements as to form.

functions, and most courtrooms have a clerk to keep records and assist the judge in the manage- ment of the court. 2) a young lawyer who assists a judge or a se- nior attorney in research and drafting of documents, usually for a year or two, and benefits in at least two ways: learning from the judge or attorney and enjoying as- sociation with them. Law clerks for judges, particularly on the Courts of Appeal and the Supreme Court, are chosen from among the top stu- dents graduating from law school. 3) a person who works in an office or a store who performs physical work such as filing, stocking shelves, or

can Arbitration Association which usually has a panel of attorneys chosen by the association. Profes- sional arbitration services are paid well to move cases along. There are also arbitrators who are experts on everything from construction to maritime damage. In some con- tracts there is a provision for such an expert-type arbitrator named by each side with a third chosen by the other two. (See: arbitration) arguendo: prep. Latin meaning “for the sake of argument,” used by lawyers in the context of “assuming arguendo” that the facts were as the other party contends, but the law prevents the other side from pre-

in Lake County, Indiana. In high profile criminal cases the original venue may be considered not the best venue due to possible prejudice stemming from pre-trial publicity in the area or public sentiment about the case which might impact upon potential jurors. For these various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the dis- cretion of a judge in the court where the case or prosecution was originally filed. Venue is not to be confused with “jurisdiction,” which establishes the right to bring a lawsuit (often any- where within a state) whether or not it

in 1823: “protection by the govern- ment, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may prescribe for the general good of the whole.” However, the exact nature of privileges and immunities which the state governments could limit has long been in dispute, with the U.S.

solitary confinement. N. Imprisoning someone alone in an isolated cell, without contact with fellow prisoners or without any human contact at all, even from prison employees. solvent. ADJ. Able to pay debts; having enough money to cover one’s expenses. N. solvency. See also insolvent. sound. ADJ . In good condition; without defects; healthy. N . soundness. sound and disposing mind and memory. N. Language often used in wills to mean the mental capacity necessary to create a will.

cases a year, but in most cases con- firms without comment the ruling below. Less than 200 cases are argued before the court each year, and opin- ions signed by the court average about 140 a year.

fees, charges for serving summons and subpenas, court reporter charges for depositions (which can be very expensive), court tran- scripts and copying papers and ex- hibits. The prevailing party in a lawsuit is usually awarded court costs. Attorneys’ fees can be includ- ed as court costs only if there is a statute providing for attorneys’ fee awards in a particular type of case, or if the case involved a contract which had an attorneys’ fee clause (commonly found in promissory notes, mortgages and deeds of trust). If a losing party does not agree with the claimed court costs (included in a filed cost bill)

questions previously considered “po- litical,” such as “one-man-one-vote,” as constitutional issues. polygamy: n. having more than one wife or husband at the same time, usually more than just two (which is “bigamy”). It is a crime in all states. (See: bigamy) polygraph: n. a lie detector device, from Greek for “many” (poly) “mes- sage” (graph) since numerous physi- ological responses are tested when questions are answered. (See: lie de- tector test) pornography: n. pictures and/or writ- ings of sexual activity intended solely to excite lascivious feelings of a par- ticularly blatant and aberrational

speech, statements made about a public person (politician, officehold- er, movie star, author, etc.), even though untrue and harmful, are fair comment unless the victim can prove the opinions were stated malicious- ly—with hate, dislike, intent and/or desire to harm. Thus, a public figure may not sue for defamation based on published opinions or alleged infor- mation which would be the basis of a lawsuit if said or published about a private person not worthy of opinion or comment. This is a crucial defense against libel suits put up by mem- bers of the media. (See: defama- tion, libel, public figure, slander)

is that free speech and free press protections have priority, and law- suits for libel and slander and pros- ecutions for criminal advocacy will curb the effect of defamation and untruths. Most other nations per- mit prior restraint by court order or police action when the material ap- pears to be defamatory (hurtful lies), salacious (nasty), or “improper, mis- chievous, or illegal” (in the words of

(crimes punished by state prison terms), estates, divorces and major lawsuits. The highest state court is called the State Supreme Court, ex- cept in New York and Maryland, which call them Court of Appeals.

bler Realty Co.

voluntary retirement, they can have long-term influence. There have been only 16 U.S. Supreme Court Chief

come tax) tax evasion: n. intentional and fraudulent attempt to escape pay- ment of taxes in whole or in part. If proved to be intentional and not just an error or difference of opinion, tax evasion can be a chargeable federal crime. Evasion is distinguished from attempts to use interpretation of tax laws and/or imaginative ac- counting to reduce the amount of payable tax. tax return: n. the form to be filed with a taxing authority by a tax- payer which details his/her/their income, expenses, exemptions, de- ductions and calculation of taxes which are chargeable to the tax- payer. (See: tax) tax sale: n. an auction sale of a tax-

interim appeals courts which hear the appeals from trial courts, and from those appeals courts the decisions may be appealed to the highest court, but in most cases only if the State

with a warrant that had been can- celled could be admitted if the law enforcement officer believed it was still in force. However, evidence which was uncovered as a result of obtaining other evidence illegally will be excluded, under the “fruit of the poisonous tree doctrine.” Thus, if an illegal wire tap reveals the location of other evidence, both the transcript of the wire tap conversation and the ev- idence to which the listeners were di- rected will be excluded. (See: due process of law, fruit of the poiso- nous tree, motion to suppress exculpatory: adj. applied to evidence which may justify or excuse an ac-

decision stand, particularly if it con- forms to accepted precedents (previ- ously decided cases). cestui que trust: n. (properly pro- nounced ses-tee kay, but lawyers popularly pronounce it setty kay) from old French. 1) an old-fashioned expression for the beneficiary of a trust. 2) “the one who trusts” or the person who will benefit from the trust and will receive payments or a future distribution from the trust’s assets. (See: beneficiary) cestui que use: (pronounced ses-tee kay use or setty kay use) n. an old- fashioned term for a person who benefits from assets held in a trust for the beneficiary’s use. The term

first week of October, and continues until the Court decides to adjourn.

dent Reagan, 1981; Antonin Scalia,

enues for determining the case have been exhausted, there is a real con- troversy and the law needs to be set- tled on one or more issues raised by the case. risk: n. chances of danger or loss, par- ticularly of property covered by an insurance policy or property being used or transported by another. In- surance companies assume the risk of loss and calculate their premiums by the value and the risk based on statistically determined chances. A trucking company assumes the risk of loss while carrying goods. (See: assumption of risk, risk of loss) risk of loss: n. the responsibility a carrier, borrower or user of property

court of equity: n. originally in English common law and in several states there were separate courts (often called chancery courts) which handled lawsuits and petitions requesting remedies other than damages, such as writs, injunctions and specific performance. Gradually the courts of equity have merged with courts of law.

al promises to be performed at the same time), dependent (one promise need be performed if the other party performs his/hers), or independent (a promise to be honored without refer- ence to any other promise). Until 1949 many deeds contained restrictive covenants which limited transfer of the property to the Caucasian race.

tigate White House (and President

making creative work more freely available by providing free licensing services to creators of literary works, enabling copyright holders to grant some of the rights to their work to the public. credibility. N. The quality, especially in a witness, of being believ- able and likely to tell the truth. credible. ADJ. Believable; trustworthy. credible evidence. N . Evidence that is likely to be true because it is natural and probable in light of other circumstances already known. credible witness. N. A trustworthy witness whose testimony is believable. credit. N. (1) The ability of a person or business to obtain money,

The questioning of a witness by the opposing party after the witness has given examination-in-chief. Its purpose is to test the accuracy, credibility, and completeness of the witness's testimony.

tablished (1926) to hear appeals from decisions of customs officials on classification of merchandise, duty rates and interpretation of cus- toms laws. In turn its decisions can be appealed to the Court of Customs and

the Commission on the theory that it 214

the Rye, thought otherwise and sued to prevent use of his letters sent to an- other writer. The case was compro- mised and settled. To protect any 254

fluence of alcohol. (See: driving under the influence) duress: n. the use of force, false impris- onment or threats (and possibly psy- chological torture or “brainwashing”) to compel someone to act contrary to his/her wishes or interests. If duress is used to get someone to sign an agree- ment or execute a will, a court may find the document null and void. A de- fendant in a criminal prosecution may raise the defense that others used duress to force him/her to take part in 149

intoxicated. 2) abbreviation for dying without issue (children). (See: driving under the influence) dying declaration: n. the state- ment of a mortally injured person who is aware he/she is about to die, telling who caused the injury and possibly the circumstances (“Frankie shot me”). Although hearsay since the dead person can- not testify in person, it is admissible on the theory that a dying person has no reason not to tell the truth. 150

(See: District Attorney) damages: n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and in- clude medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a con- tract. The second basic area of dam- ages are general damages, which are presumed to be a result of the other party’s actions, but are sub- jective both in nature and determi- nation of value of damages. These include pain and suffering, future

DGVlIl

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External Relations: Commercial Policy and Relations with North America. the Far East. Australia. and New Zealand External Relations: Europe and the New Independent States. Common Foreign and Security Policy, and External Missions External Relations: Southern Mediterranean, Middle and Near East, Latin America. South and South-East Asia. and North-South Cooperation Economic and Financial Affairs Industry Competition Employment, Industrial Relations, and Social Affairs Agriculture Transport Development Personnel and Administration Information. Communication. Culture. Audiovisual Environment. Nuclear Safety. and Civil Protection

dictum. N. A statement or observation made by a judge about a case that is not an official part of a judicial opinion, does not embody the court’s decision, and is not binding. PL. dicta. dictum, considered. N. A dictum that is so well-developed it has gained an air of authority as if it were part of an opinion. digest. N. A compilation or summary of a number of books, arti- cles, cases, or other type of information, often arranged by subject and indexed for ease of reference; a listing of reported cases arranged by subject and court. Digital Millennium Copyright Act. N. A federal law passed in 1998

es·sen·tial. ADJ. Of the utmost importance. • The most comprehensive pocket-size dictionary • Easy-to-understand definitions • Written by a leading authority in the field

diversion: n. in criminal procedure, a system for giving a chance for a first- time criminal defendant in lesser crimes to perform community ser- vice, make restitution for damage due to the crime, obtain treatment for alcohol or drug problems and/or counselling for antisocial or mental- ly unstable conduct. If the defendant cooperates and the diversion results in progress, the charges eventually may be dismissed. Usually diversion may not be granted for a second of- fense. (See: probation) diversity of citizenship: n. when opposing parties in a lawsuit are citizens of different states (includ-

sire to give the child a known natur- al father, proof of paternity will lead to the right to child support, birthing expenses and the child’s in- heritance from his father. The threat of a paternity suit against a man married to another may lead to a prompt and quiet settlement. pawn: v. to pledge an item of per- sonal property as security for a loan, with the property left with the pawnbroker. The interest rates are on the high side, the amount of the loan is well below the value of the pledged property, and the bro- ker has the right to sell the item without further notice if the loan is not paid. Pawnbrokers are licensed

as a parent of a child. Recent DNA comparisons have demonstrated that several convicted alleged mur- derers and rapists were actually innocent and gained release. Resis- tance to DNA evidence as unreliable has virtually evaporated. docket: 1) n. the cases on a court cal- endar. 2) n. brief notes, usually writ- ten by the court clerk, stating what action was taken that day in court. 3) v. to write down the name of a case to be put on calendar or make notes on action in court. document: n. a popular generic word among lawyers for any paper with writing on it. Technically it could in- clude a piece of wood with a will or

DNA testing. N. Using evidence contained in DNA to identify or rule out criminal suspects or fathers in paternity suits.

acid, a chromosomal double chain (the famous “double helix”) in the nucleus of each living cell, the combination of which determines each individual’s hereditary characteristics. In law, the importance is the discovery that each person’s DNA is different and is found in each living cell, so blood, hair, skin or any part of the body can be used to identify and distinguish an individual from all other people. DNA testing can result in proof of one’s involvement or lack of involvement in a crime scene. 145

docket. N. (1) A list on a court calendar of cases scheduled to be tried. (2) On appeal, a formal record summarizing the proceedings of a lower court. V. docket. document. N . A piece of written, recorded, printed, or photographed information or evidence; a physical object or instru- ment on which information is recorded in letters, numbers, symbols, or images, including maps, letters, photographs, prints, x- rays, contracts, deeds, receipts, accounts, etc. documentary evidence. N. Evidence consisting of documents whose authenticity has been established.

162 163 drunken driving favour of an executor who was not a party to the first grant. This occurs when the executor has not renounced his executorship and has a power to apply for a grant of probate at a later time than the original grant. DPP See DIRECTOR OF PUBLIC PROSECUTIONS. draft n. 1. An initial unsigned agreement, treaty, or piece of legislat~on, which is not yet in force. 2. An order for the payment of money, e.g. a banker s draft. Drago doctrine The doctrine that states cannot employ force in order to recover debts incurred by other states. Thus the fact that a state ~as defaulted on Its debt to

droit. N. (French) Law; a right; the entire body of law. drug abuse. N. Chronic, habitual, uncontrolled, or excessive use of a controlled substance. drunkenness. N. Intoxication; the condition of mental impairment brought on by consuming too much alcohol. dual citizenship. N. The condition of being a citizen of two nations simultaneously; also the condition of being a citizen of both the

dummy. N. A sham, imitation, or straw man. dummy corporation. N. A corporation with no legitimate business purpose formed to protect its founders from liability or to hide their activities. dummy director. N. A director of a corporation who is in fact merely a figurehead and who has no real interest in the corpora- tion. dummy shareholder. N. Someone who holds shares of stock in his or her own name but for the benefit of the real owner. dump. V. To sell goods in quantity at a price far below market value, often in a foreign market. N. dumping. duplicity. N. (1) Double-dealing. (2) In common law, the error of

varies by state between .08 and .10 alcohol in the bloodstream, or a com- bination of alcohol and narcotics which would produce the same effect even though the amount of alcohol is below the minimum. 3) as it applies to public drunkenness the standard is subjective, meaning the person must be unable to care for himself, be dangerous to himself or others, be causing a disturbance or refuse to 221

legal fights can arise if the supposed adeemed gift is not clearly identi- fied, as in “I give Robert my family car.” Then the giver sells the Cadil- lac and buys a Jeep. Better will lan- guage would be: “To Johnny any (or the newest) automobile of which I shall be possessed at the time of my death.” (See: ademption) ademption: n. the act of adeeming, which is revoking (getting rid of) a gift mentioned in a will by destruc- tion, or selling or giving away the gift before death. (See: adeem) adequate remedy: n. a remedy (money or performance) awarded by a court or through private ac- tion (including compromise) which

but in some states evidence of cruelty may result in division of property fa- voring the suffering spouse (victim). A man’s home is his castle.—Sir Edward Coke, Com- ments on Littleton extrinsic fraud: n. fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evi- dence to defend against a lawsuit.

may be limited to actual (special) dam- ages unless there is malicious intent, since such damages are usually diffi- cult to specify and harder to prove.

First published 1983 as A Concise Dictionary oflaw Second edition 1990 Third edition 1994 Reissued in new covers with corrections 1996 Fourth edition 1997 Fifth edition 2002 Reissued with new covers 2003 All rights reserved. No part of this pubiication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department,

specific finding: n. a decision on a fact made by a jury in its verdict and which the judge has requested the jury to determine as part of its delib- erations. Often the judge gives a jury a list of decisions on findings of fact to be made to help the jurors focus on the issues. Example: Findings: Was defen- dant exceeding the speed limit?—yes;

transfer the car, but if written “Mary and Bill Davidson,” both must sign to change title.

from Stanford Law School. Justice

wait.

evitable, but death does not get worse every time Con- gress meets. —Anonymous fiduciary: 1) n. from the Latin fidu- cia, meaning “trust,” a person (or a business like a bank or stock bro- kerage) who has the power and obligation to act for another (often called the beneficiary) under cir- cumstances which require total trust, good faith and honesty. The most common is a trustee of a trust, but fiduciaries can include business advisers, attorneys, guardians, ad- ministrators of estates, real estate agents, bankers, stockbrokers, title companies or anyone who under- takes to assist someone who places

for alleged funds owed by Hardhead for repairs Debtor made on property owned by Hardhead, thus reducing the claim of Hardhead to $10,000. 2) v. to counterclaim an alleged debt owed 293

alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. —Justice Louis D. Brandeis insider trading: n. the use of confi- dential information about a business gained through employment in a company or a stock brokerage, to buy and/or sell stocks and bonds based on the private knowledge that the value will go up or down. The victims are the unsuspecting investing public. It is a crime under the Secu- rities and Exchange Act, for which

remainderman: n. the person who will receive a remainder in real property. (See: remainder) remand: v. to send back. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court, or after a preliminary hearing a judge may remand into custody a person accused of a crime if the judge finds that a there is reason to hold the ac- cused for trial. (See: appeal, preliminary hearing) remedy: n. the means to achieve jus- tice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by

The formal expression of a court's adjudication in a civil suit, declaring the rights of the parties. A decree may be preliminary (requiring further steps) or final (completely disposing of the suit).

judgment (a document showing the amount of the judgment which is a lien on any real property belonging to the defendant) on record. (See: abstract of judgment) satisfaction of mortgage: n. a docu- ment signed by a lender acknowl- edging that a mortgage has been fully paid. It must be recorded with the County Recorder (or Recorder of

property owned by the person who paid off the debt. (See: mortgage) save harmless: v. 1) also called hold harmless, to indemnify (protect) an- other from harm or cost. 2) to agree to guarantee that any debt, lawsuit or claim which may arise as a result of a contract or contract performance will be paid or taken care of by the party making the guarantee. Exam- ple: the seller of a business agrees to “save harmless” the buyer from any unknown debts of the business. (See: hold harmless, indemnify) savings and loan: n. a banking and lending institution, chartered either by a state or the federal govern-

crofilm reels of copies of the original documents, which can be found by tracing the names of owners in the

Publication of a false statement that injures the reputation of a person. In Pakistan it is both a civil tort and a criminal offence under Section 499-500 PPC and separately under the PECA 2016 for online defamation.

Failure by a party to a lawsuit to take a required legal step within the prescribed time, such as failure to file a written statement or appear in court. A default may result in an ex-parte decree against the defaulting party.

the trier of fact (jury or judge sit- ting without a jury) to break down the amount of negligence of each defendant and the plaintiff if there is contributory negligence. Often the court will refuse to do so, al- lowing the plaintiff to collect from whichever defendant has the “deep pocket” (lots of money), and letting the defendant who pays demand contributions from the other defen- dants. (See: comparative negli- gence, contribution, contribu- tory negligence, joint, joint and several) joint custody: n. in divorce actions, a decision by the court (often upon agreement of the parents) that the

surest road to tyranny. —John F. Kennedy right of way: n. 1) a pathway or road with a specific description (e.g. “right to access and egress 20 feet wide along the northern line of Lot 7 of the Cobb subdivision in page 75 of maps”). 2) the right to cross proper- ty to go to and from another parcel.

man with the longest purse. —William Howard Taft civil action: n. any lawsuit relating to civil matters and not criminal prosecution. (See: lawsuit) civil calendar: n. the list of lawsuits (cases) that are approaching trial in any court. Attorneys and/or par- ties whose cases are coming to the top of the list receive notice of the “calling” of the civil calendar on a particular day for setting a trial date. Unfortunately, some courts are so clogged with pending law- suits that one case may be called on several civil calendars, possibly months apart, before being finally sent to trial. (See: calendar)

national responses to major disasters such as hurricanes or earth- quakes. ABBRV. FEMA. Federal Firearms License. N. A license issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives that allows an indi- vidual or business to manufacture or sell firearms and ammuni- tion. ABBRV. FFL.

163

the federal government. Indian Claims Commission. N. A commission that hears claims brought against the federal government by Indian tribes or other groups of American Indians.

investigating counterfeiting and credit fraud. secure. V. To make something safe; to guarantee; to guarantee repayment of a loan by obtaining collateral. ADJ. Safe; backed by collateral. secured debt. N. A debt that is guaranteed by certain items that the creditor may take if the debtor fails to pay back the loan. secured transaction. N. A transaction that involves security, i.e., a transaction secured with collateral that can be taken by the cred- itor if the debtor defaults. securities acts. N. Federal and state statutes that govern registra- tion of and trade in corporate securities, including the Securities

ness deduction for income tax re- duction, spread out over the expect- ed useful life of the asset (straight line) or at a higher rate in the early years of use (accelerated). depreciation reserve: n. a business fund in which the probable replace- ment cost of equipment is accumulated each year over the life of the asset, so it can be replaced readily when it be- comes obsolete and totally depreciated. derelict: n. something or someone who is abandoned, such as a ship left to drift at sea or a homeless person ig- nored by family and society. (See: abandon, dereliction) dereliction: n. 1) abandoning posses-

and reasonable. For example, a document may have two meanings, one strict and the other (the equitable construction) more benevolent. equitable assignment See ASSIGNMENT. equitable charge 1. See EQUITABLE MORTGAGE. 2. A *charge created by designating specific property for the discharge of some debt or other obligation. No special form of words is necessary to create an equitable charge, manifested intention being sufficient. See GENERAL EQUITABLE CHARGE. equitable easement See EASEMENT. equitable estate A right in property recognized by the Court of Chancery, as distinct from a *Iegal estate recognized in common law courts (see ESTATE). Equitable

method of divorce. —Evan Esar, Esar’s Comic

ping charge if delivery is taken any- where else. If the contract reads “FOB New Orleans,” then the auto will be shipped to that city without charge, but with charge for delivery from New Orleans to somewhere else. (See: FOB) fresh pursuit: n. immediate chase of a suspected criminal by a law enforcement officer, in which situ- ation the officer may arrest the suspect without a warrant. It can also refer to chasing a suspect or escaped felon into a neighboring jurisdiction in an emergency, as distinguished from entering anoth- er jurisdiction with time to alert law enforcement people in that area. Example: when a deputy

groceries for Super-Duper Market. If

es·sen·tial ADJ. Of the utmost importance.

teach United States Government and Politics at the University of British Columbia and both have been visiting scholars at the University of California at Berkeley’s Institute of Governmental Studies. *pro-tem judge: (n.) a judge who is sitting tem- porarily for another judge, or an attorney who has been appointed to serve as a judge or as a substi- tute for a regular judge.

varying functions to the state depart- ments of justice, including consumer protection, environmental law, super- vision of trusts and non-profit corpo- rations, and other issues in which the state government may have a partic- ular interest in protecting the citi- zenry. (See: Solicitor General) attorney-in-fact: n. someone specifi- cally named by another through a written “power of attorney” to act for that person in the conduct of the ap- pointer’s business. In a “general power of attorney” the attorney-in- fact can conduct all business or sign any document, and in a “special power of attorney” he/she can only sign doc-

disability, partial. N. The condition of being unable to resume one’s job before injury but being able to perform some suitable gainful employment. disability, permanent. N. Disability that prevents one from ever returning to one’s former occupation. disability, total. N. The condition of being rendered unable to perform any functions of one’s occupation. disarmament. N. The act of destroying, taking away, or getting rid of weapons. disaster unemployment assistance. N . Financial assistance provided by the U.S. Department of Labor to those whose jobs or self-employment have been lost or disrupted by a major disaster

bifurcate: v. the order or ruling of a judge that one issue in a case can be tried to a conclusion or a judgment given on one phase of the case with- out trying all aspects of the matter.

tion of rape cases (in which the defense humiliates the accuser, and prosecu- tors are unable or unwilling to protect the woman from such tactics), women have been suing for civil damages for the physical and emotioned damage caused by the rape, although too often the perpetrator has no funds. Protec- tion services for rape victims have been developed by both public and pri- vate agencies. On the other side of the coin, there is the concern of law en- forcement and prosecutors that women whose advances have been re- jected by a man, or who have been 344

ed official of a county or a designated district with the responsibility for prosecuting crimes. The duties in- clude managing the prosecutor’s of- fice, investigating alleged crimes in cooperation with law enforcement, and filing criminal charges or bring- ing evidence before the Grand Jury that may lead to an indictment for a crime. In some states a District At- torney is officially entitled County

torney or city prosecutor in some places) and the U.S. Attorney in federal criminal cases. A state At- torney General may prosecute in crimes of statewide importance, and the U.S. Attorney General, through the Solicitor General, may prosecute for crimes involving matters of national significance. 2) to conduct any legal action by a lawyer on behalf of a client, includ- ing both civil and criminal cases, but most commonly referring to prosecution for crimes. (See: At- torney General, District Attor- ney, prosecution, prosecutor) prosecution: n. 1) in criminal law, the government attorney charging

killing was not totally spontaneous.

tion to charge a crime as a misde- meanor (maximum term of one year) or felony; d) a Governor may have discretion to grant a pardon; or e) a planning commission may use its discretion to grant or not to grant a variance to a zoning ordinance. discrimination: n. unequal treat- ment of persons, for a reason which has nothing to do with legal rights or ability. Federal and state laws pro- hibit discrimination in employment, availability of housing, rates of pay, right to promotion, educational op- portunity, civil rights, and use of fa- cilities based on race, nationality, creed, color, age, sex or sexual orien-

learned that the prosecution had absolute proof that his clients, the Mc-

at Greensboro, Western District at Asheville.

ington, D.C.

ton, D.C. 20001.

al states) generally have sole con- trol of lawsuits for larger sums of money, domestic relations (di- vorces), probate of estates of de- ceased persons, guardianships, conservatorships and trials of felonies. In some states (like New

Legal dissolution of a marriage. In Pakistan a Muslim husband may pronounce Talaq; a wife may seek Khula through the court; either spouse may seek dissolution under the Dissolution of Muslim Marriages Act 1939.

called a qualified endorsement, or with no qualifying language, there- by making it payable to the holder, called a blank endorsement. There are also other forms of endorsement which may give credit or restrict the use of the check. 2) the act of pledg- ing or committing support to a pro- gram, proposal or candidate. (See: negotiable instrument) endowment: n. the creation of a fund, often by gift or bequest from a dead person’s estate, for the maintenance of a public institution, particularly a college, university or scholarship. enjoin: v. for a court to order that someone either do a specific act,

mous consent of the States present the Seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven, and of the independence of the United

A mandatory gift of money or property payable by the husband to the wife upon marriage under Islamic law. It is the wife's exclusive property and is enforceable as a civil debt.

overly careful in writing about moral and/or sexual matters the definitions have been cloaked in old-fashioned modesty. Today the term usually ap- plies to pornography, prostitution and indecent acts. (See: indecent expo- sure, pornography, prostitution) liability: n. one of the most significant words in the field of law, liability 248

egalitarian. ADJ. Supporting equality and fair treatment for all people. N. egalitarian. ejectment. N. A common law action brought by a property owner to eject a tenant who has refused to leave at the appointed time or someone claiming the land by adverse possession. ejusdem generis. ADJ. (Latin) Of the same kind; a rule of inter- preting statutes holding that if a statute lists a few examples of something, then it will be assumed that it only includes things similar to the examples; e.g., if for “dangerous weapon” it uses examples of guns, then the term refers only to firearms and not to other weapons such as knives.

mental impact report, required by many states as part of the application to a county or city for approval of a land development or project. (See: en- vironmental impact report) ejectment: n. a lawsuit brought to re- move a party who is occupying real property. This is not the same as an unlawful detainer (eviction) suit against a non-paying or unsatisfacto- ry tenant. It is against someone who has tried to claim title to the property.

172 173 enforcement notice writing, and uncontested cases. An ET differs from a civil C?urt in that it cannot . enforce its own awards (this must be done by separate application to a court) and It can conduct its proceedings informally. Strict rules of evidence need not apply and the parties can present their own case or be represented by an~one. they WIS~ at their own expense. The tribunal has wide powers to declare a dismissal unfair and to award *compensation, which is the usual remedy, but they also have power to order the *reinstatement or *re-engagement of a dismissed employee. In cases involving allegations of sexual misconduct employment t.ribuna:s are

ergo. CONJ. (Latin) Therefore. ADV. ergo. Erie doctrine. N. A doctrine developed by the 1938 case Erie v. Tompkins stating that, except in matters governed by the Constitution of acts of Congress, in a federal case the court should apply the state law of the state in which the court is situated instead of applying federal common law.

enable. V. To make possible. enabling clause. N. A clause in a statute that gives the proper offi- cials the power to enforce it. enabling statute. N. A statute that gives someone a new power. enact. V. To make something happen; to create a law. enacting clause. N. A clause at the beginning of a statute that iden- tifies its purpose and the body that has created it. en banc. ADJ. (French) On the bench; by the whole court; refers to occasions when all the judges of a court participate in a session, or when the panel of judges is expanded for a special case.

1974. erroneous. ADJ. Mistaken; in error. erroneous judgment. N. A judgment rendered using a mistaken application of the law. error. N. A mistake; an inaccurate conception of fact or law. error, fundamental. N. An error committed by a trial court that harms the case enough to render the judgment void. error, harmless. N . An error committed by a trial court that did not harm the rights of the party appealing the judgment and for which an appellate court will not reverse the trial court’s judgment. error, reversible. N. An error that justifies an appellate court’s reversing a trial court’s decision. See also assignment of error.

esquire. N. (1) The title added to the name of an attorney admitted to the bar. (2) Originally in England, a title used by men who owned land, or officers, barristers, or judges. ABBRV. Esq. establishment clause. N. A clause in the First Amendment of the

European Union. N. A union of European countries that exists to create uniform economic, judicial, and security policies throughout

which include courts for misde- meanors (non-penitentiary crimes), smaller demand civil actions (called municipal, city, justice or some other designation), and then courts, usually set up in each county (variously called

interest rate. Courts will not en- force payment of interest on a loan if the rate is usurious, so a loan may result in being interest free. Charg- ing usury as a practice is a crime, usually only charged if a person makes a business of usury, some- times called “loan-sharking.” Banks and other commercial lenders gen- erally are not subject to anti-usury laws, but are governed by the mar- ketplace and the competitive rates triggered by loan rates to institu- tions set by the Federal Reserve

ized by the last names of grantors (the party transferring title) and grantee (the recipients of title). The listing in- cludes the date of transfer, and cross- references to the book and page or doc- ument number where a copy of the document (often on microfilm) was recorded and can be examined. This is a key instrument in tracking a chain of title. gratuitous: adj. or adv. voluntary or free. gravamen: n. Latin for “to weigh down,” the basic gist of every claim 188

A right to use another person's land for a specific purpose, such as a right of way. Governed by the Easements Act 1882 in Pakistan.

ered to Bill’s but not paid for, and Bill counterclaims that Hotdog owes him $20,000 for a load of bad chicken liv- ers, so Hotdog is only entitled to $20,000. In many states the counter- claim is no longer allowed, in which case a cross-complaint, which is a sep- arate complaint, must be filed by the defendant, but as part of the same lawsuit. On the other hand, in federal cases, if the defendant believes he/she/it has a legitimate counter- claim to reduce damages it must be alleged (stated) in the answer or it is barred from being considered. (See: answer, cross-complaint) counterfeit: 1) adj. describing a docu-

Elizabeth A. Martin MA (axon) Contributors for the Fifth Edition Owain Blackwell BA, LLM (Nottm) Senior Lecturer in Law, Buckinghamshire Chilterns University College Sandra Clarke MA (axon) Barrister; Senior Lecturer in Law, University of Greenwich Kim Everett LLB Senior Lecturer in Law, University ofGreenwich Martin Fitzgerald MSc (Social Research), LLB, PGCE Solicitor; Principal Lecturer in Law, University ofGreenwich M. Gaborak LLM Senior Lecturer in law, University ofGreenwich Sarah Greer MA (Cantab], ACA Senior Lecturer in Law, University of Greenwich John Harder BSc, LLB, DPhil Senior Lecturer in Law, University ofGreenwich

has a direct influence on the Ameri- can legal system was the codification of all classic law ordered by the

fines or “cruel and unusual punish- ment.” Note that denial of bail in murder cases or when the accused may flee is not “excessive,” and capital punishment (like the gas chamber) may be cruel but not necessarily unusual.

dent, or hold any office, civil or mil- itary, under the United States, or under any State, who, having previ- ously taken an oath, as a member of

da, Georgia, at Atlanta, Georgia 30303.

being aggressive in his investiga- tion, and Richardson resigned rather than comply, as did Assistant Attor- ney General William Ruckelshaus.

Abraham Lincoln in 1862 to free all black slaves in states at war against the Union.

from Englishcommon law, which is the framework of most state legal systems. In the United States only

pension available to their staff. Employers can choose to do this from 6 April 2001, and they must do this by 8 October 2001. Stakeholder pensions are also available from authorized financial institutions, such as insurance companies, banks, and building societies. Stakeholder pension providers can only charge a maximum of 1% of the value of the pension fund each year to manage the fund, plus costs and charges (such as stamp duty). Any extra services and any extra charges not provided for by law, such as advice on choosing a pension or life assurance cover, must be optional. All stakeholder schemes will accept contributions of as little as £20,

19-29 Woburn Place London WClHOLU Tel 020 7273 3000 Web www.employmenttribunals. gov.uk Equal Opportunities Commission Arndale House Arndale Centre Manchester M43EQ Tel 0161833 9244 Web www.eoc.org.uk European Commission (Commission of the European Communities) 200 Rue de la Loi B-1049 Brussels Belgium Tel 00 322 299 1111 London 0171 973 1992 Web www.europa.intjcomm European Commission of Human Rights Secretary of the Commission Conseil de L'Europe F-67075 Strasbourg Cedex France Tel 00 33 88 41 2000 Fax 00 33 88 41 2792 Web www.humanrights.coe.int European Patent Office Erhardstrasse 27 D-80331 Munich

the doctrine of separation of church and state, organized prayer in pub- lic schools was declared unconstitu- tional.

English Etymology English Folklore English Grammar English Language English Literature Euphemisms Everyday Grammar Finance and Banking First Names Food and Drink Food and Nutrition Foreign Words and Phrases Geography Handbook of the World Humorous Quotations Idioms Internet Islam Irish Literature Jewish Religion Kings and Queens of Britain Language Toolkit Law Linguistics Literary Quotations Literary Terms Local and Family History London Place-Names Mathematics Medical Medicinal Drugs Modern Design* Modern Slang Music Musical Terms Musical Works Nursing Ologies and Isms Philosophy Phrase and Fable

no contest: n. in criminal law, a de- fendant’s plea in court that he/she will not contest the charge of a par- ticular crime, also called nolo con- tendere. While technically not an ad- mission of guilt for commission of the crime, the judge will treat a plea of “no contest” as such an admission and proceed to find the defendant guilty as charged. A “no contest” plea is often made in cases in which there is also a possible lawsuit for dam- ages by a person injured by the crim- inal conduct (such as reckless dri- ving, assault with a deadly weapon, aggravated assault), because it can- not be used in the civil lawsuit as an

body of legal customs and rights de- veloped by practice and court deci- sions from the 11th to the 18th Centu- ry. (See: Bill of Rights, common law, constitutional rights) constitutional rights: n. rights given or reserved to the people by the U.S.

“bailiwick” originally meant the ju- risdictional territory of a bailiff. bailment: n. 1) the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is re- sponsible for the safekeeping and return of the property. Examples: bonds left with the bank, autos parked in a garage, animals lodged with a kennel, or a storage facility (as long as the goods can be moved and are under the control of the custodian). While most are “bail- ments for hire” in which the custo- dian (bailee) is paid, there is also “constructive bailment” when the circumstances create an obligation

101

tion created by Title VII of the Civil Rights Act of 1964 whose purpose is to end discrimination in the workplace. ABBRV. EEOC. equality. N. The condition of having the same opportunities, rights, privileges, and liabilities. equal justice. N. Equal and impartial treatment of all people by the law and government. equal opportunity. N. A policy of treating employees equally and not discriminating on the basis of race, sex, religion, national origin, age, etc. equal protection (of the laws). N. The principal that every person is entitled to the same treatment under the law as other people in similar conditions.

mate small law firm versus the big corporation film. Julia 473

euthanasia. N. Mercy killing; painlessly killing someone who is suffering from a painful incurable disease or who is in a coma and has no hope of ever waking up. euthanasia, active. N. Actively doing something to kill someone, such as administering poison.

ing based on history of customers’ payments, quality of customers and age of the accounts receivable and debts is important. A big mistake made by people overly eager to buy a business is to give too high a value to the accounts receivable without con- sidering the chances of collection.

was on the Supreme Court) 436

Any material (oral, documentary, or physical) presented in court to prove or disprove facts in issue. Governed by the Qanun-e-Shahadat Order 1984 (QSO) in Pakistan, which replaced the Evidence Act 1872.

A proceeding or order made at the request of one party without the other party being present or having been notified. Can be set aside if the absent party shows sufficient cause.

The enforcement of a court decree or order, compelling the judgment-debtor to comply. Execution proceedings are filed in the court that passed the decree under Order XXI CPC.

First Information Report — the initial written report lodged with police when a cognizable offence is committed. Registered under Section 154 CrPC. The FIR sets the criminal justice process in motion and must be registered without delay.

Scientific evidence collected and analysed to be used in court, including DNA, fingerprints, ballistics, and digital forensics. Increasingly important in Pakistani courts following the Punjab Forensic Science Agency's expansion.

A contract whereby one person (the guarantor/surety) promises to be responsible for the debt or obligation of another person if that person defaults. Governed by Sections 124-147 of the Contract Act 1872.

A person legally appointed to care for a minor or their property. In Pakistani family law, the father is typically the natural guardian while the mother has the right of custody (hizanat) for young children. Governed by the Guardians and Wards Act 1890.

A constitutional writ requiring the detaining authority to produce a detained person before the court and justify the detention. Available under Article 199 of the Constitution of Pakistan 1973 before the High Court.

Fixed punishments prescribed by Islamic law for specific offences such as theft (qat-ul-yad), adultery (zina), and false accusation (qazaf). Governed in Pakistan by the Hudood Ordinances 1979.

A court order requiring a party to do or refrain from doing a specific act. A temporary injunction (stay order) preserves the status quo pending final hearing; a permanent injunction is granted by the final decree.

A formal judicial inquiry into the cause of a person's death, particularly in cases of unnatural or suspicious death. Conducted under Section 174 CrPC in Pakistan.

Legal rights protecting creations of the mind including trademarks, copyrights, patents, and industrial designs. Governed in Pakistan by the Trademarks Ordinance 2001, Copyright Ordinance 1962, and Patents Ordinance 2000.

The final decision of a court on the issues in dispute, setting out the reasons for the decision. Distinguished from a "decree" (the operative portion in civil cases) or "sentence" (in criminal cases).

The power of superior courts to examine the lawfulness of government and administrative action. In Pakistan exercised by the High Courts under Article 199 and the Supreme Court under Article 184(3) of the Constitution.

The legal authority of a court to hear and decide a case. May be based on territory, subject matter, monetary value, or the status of the parties. A court acting outside its jurisdiction makes a void order.

A detailed record of agricultural land in Pakistan identifying each plot, its area, ownership, and use. Maintained by Patwari (revenue official). Essential document for land transfer and property disputes.

Dissolution of marriage at the wife's request in exchange for returning the dower (mehr) to the husband. The Family Court can grant Khula if reconciliation fails, even without the husband's consent, following the landmark Saleem Akhtar case.

Tax levied on agricultural land by the provincial government. Revenue records (Fard Malkiat, Mutation Register) are maintained under the Land Revenue Act 1967 and are key evidence in property litigation.

The right of a creditor to retain possession of a debtor's property until a debt is paid. A lawyer has a lien on a client's papers until fees are settled.

The time period within which legal proceedings must be commenced. Governed by the Limitation Act 1908. Filing after the limitation period generally bars the suit unless the court condones delay under Section 5.

A judicial officer with limited criminal jurisdiction. In Pakistan, Judicial Magistrates handle trial of petty offences and preliminary proceedings; Executive Magistrates perform administrative/regulatory functions.

Financial support legally owed to a spouse, child, or other dependent. Under Pakistani family law a husband must maintain his wife; a father must maintain minor children regardless of custody. Claims filed in Family Court.

A writ issued by a High Court directing a public authority or inferior court to perform a public duty which it has refused or failed to perform. Available under Article 199 of the Constitution.

A voluntary, confidential dispute resolution process in which a neutral third party (mediator) helps parties reach a mutually acceptable settlement. Now promoted by Pakistani courts as an ADR mechanism.

A transfer of interest in immovable property to a lender as security for a loan, with the right to redeem on repayment. Governed by the Transfer of Property Act 1882. Types include simple mortgage, usufructuary mortgage, and English mortgage.

A Power of Attorney under Pakistani law authorising one person (the attorney) to act on behalf of another. A General Power of Attorney (GPA) covers broad authority; a Special Power of Attorney (SPA) is limited to specific acts.

The official process of updating land revenue records to reflect a change in ownership or tenancy. Must be entered in the Register of Mutations (Pahle Intiqal) by the Patwari and attested by the Revenue Officer after verification.

The official marriage contract document in Pakistan, containing the terms of the marriage including mehr, conditions, and signatures of witnesses. Compulsory registration under the Muslim Family Laws Ordinance 1961.

A criminal offence for which police cannot arrest without a warrant and cannot investigate without a Magistrate's order. Less serious offences such as assault without grievous hurt. Complaint must typically be filed directly with a Magistrate.

Formal communication to a party informing them of legal proceedings or a claim. A legal notice before filing suit is required in many cases and gives the other party an opportunity to settle. Sent by an advocate via registered post.

A solemn promise to tell the truth, made before giving testimony or taking up public office. Giving false testimony under oath constitutes perjury, punishable under Section 193 PPC.

A decision of a court on a procedural or interlocutory matter, as opposed to a final decree or judgment. Orders can be appealed only if specifically provided for or with leave of court.

Conditional early release of a prisoner before completion of their sentence, subject to good behaviour and compliance with conditions. Distinct from bail (pre-conviction release) and remission (reduction of sentence).

Division of jointly held property among co-owners, each receiving exclusive ownership of their share. May be by mutual agreement (deed of partition) or through court (suit for partition under CPC).

The written statement filed by the plaintiff initiating a civil suit, setting out the facts and the relief sought. Must comply with Order VII of the CPC. The court issues a summons to the defendant after admitting the plaint.

A legal document authorising one person to act on behalf of another in legal or financial matters. See also Mukhtarnama. Must be registered if relating to immovable property transactions.

A court decision that serves as an authoritative guide in future cases involving similar facts or legal questions. Under Article 189 of the Constitution, Supreme Court decisions bind all other courts in Pakistan.

The legal process of proving that a will is valid and authorising the executor to administer the estate. Applied for in the District Court under the Succession Act 1925.

The Qanun-e-Shahadat Order 1984 is Pakistan's evidence law, replacing the Indian Evidence Act 1872. It governs the admissibility and weight of evidence including oral testimony, documents, and electronic records.

The Islamic principle of equal retaliation in cases of murder or bodily harm. Under the Qisas and Diyat Ordinance 1990 (incorporated into PPC), the heirs of a murder victim can demand retaliation, accept blood money (diyat), or forgive.

Annulment of an FIR, proceedings, or order by a superior court when found to be illegal, mala fide, or an abuse of process. Applied for through a Constitutional petition under Article 199 before the High Court.

An order by a Magistrate sending an arrested accused person into police custody (physical remand) or judicial custody for further investigation or trial. Physical remand under Section 167 CrPC cannot exceed 15 days at a time.

A judicial officer appointed under provincial Rent Restriction legislation to adjudicate disputes between landlords and tenants regarding rent, eviction, and tenancy terms. Punjab, Sindh, KPK, and Balochistan each have their own Rent Acts.

The principle that a matter once finally decided by a court of competent jurisdiction cannot be re-litigated between the same parties. Enshrined in Section 11 CPC. Prevents multiplicity of proceedings and conflicting judgments.

A proceeding before a superior court to examine the legality and propriety of a lower court's order, without it being a regular appeal. Available in both civil (Section 115 CPC) and criminal (Section 435 CrPC) matters.

The punishment imposed by a court on a person convicted of a criminal offence. May include imprisonment, fine, whipping, or death. The judge exercises discretion within statutory limits.

The principal criminal court of a district, presided over by a Sessions Judge. Has jurisdiction to try serious offences including those punishable by death or life imprisonment. Also hears appeals from Magistrates' courts.

An equitable remedy ordering a party to perform their contractual obligations, rather than pay damages. Commonly sought in property transactions. Governed by the Specific Relief Act 1877.

A court order temporarily suspending the execution of a decree, order, or proceeding. Commonly obtained to prevent demolition of property or encashment of a cheque pending final decision of a case.

A civil proceeding commenced by filing a plaint in court. The party initiating the suit is the Plaintiff; the party defending is the Defendant. Governed by the Code of Civil Procedure 1908.

A person who takes responsibility for another's obligation, most commonly in bail proceedings where the surety guarantees the accused's appearance in court and risks forfeiture of the bail bond amount if the accused absconds.

Islamic divorce pronounced by the husband. Under the Muslim Family Laws Ordinance 1961, the husband must notify the Union Council in writing within 90 days of pronouncing Talaq; the divorce becomes effective after the Iddat period (typically 90 days).

A civil wrong (other than breach of contract) causing harm to a person, for which the law provides a remedy in damages. Common torts in Pakistan include negligence, trespass, nuisance, and defamation.

The passing of ownership of property from one person to another. Immovable property transfers are governed by the Transfer of Property Act 1882 and require registration under the Registration Act 1908 when the value exceeds Rs. 100.

The formal examination of evidence by a court to determine the facts of a case and apply the law to those facts. In criminal trials the prosecution must prove guilt beyond reasonable doubt; in civil trials on the balance of probabilities.

A solemn promise or commitment given to the court by a party or their advocate. Breach of an undertaking given to the court can amount to contempt.

Land irrigated by rain or natural water sources. Historically subject to Ushr (10% agricultural zakat). A land classification found in older revenue records that can affect inheritance and taxation.

A formal document executed by a client authorising an advocate to appear and act on their behalf in specified court proceedings. Required to be filed with the court before an advocate can represent a party.

Having no legal effect from the beginning (void ab initio). A void act or contract creates no rights or obligations and cannot be ratified. Distinguished from "voidable" which is valid until set aside by a court.

A court order directing police to arrest a person (arrest warrant) or search premises (search warrant). Issued when a summons has been disobeyed or where immediate compulsion is necessary.

A legal declaration of a person's wishes regarding disposal of their estate after death. Under Islamic law a Muslim can bequeath a maximum of one-third of their net estate to non-heirs; the rest passes by inheritance rules.

A formal written order issued by a superior court. In Pakistan the High Courts issue writs of Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto under Article 199 of the Constitution.

The defendant's formal written response to the plaintiff's plaint in a civil suit, filed under Order VIII CPC. It must specifically deny or admit each allegation and may raise any legal defences or counter-claims.

Restraining a person against their will without lawful authority. A criminal offence under Section 342 PPC, punishable with imprisonment up to 1 year and/or fine. Aggravated forms carry higher penalties.

A landowner; historically a landlord who held large tracts of agricultural land. Modern land reforms have restricted landholdings, but the term remains in revenue records. Zamindars retain rights to agricultural tenancy agreements under provincial Tenancy Acts.

Consensual sexual intercourse outside of marriage. A Hadd offence under the Zina (Enforcement of Hudood) Ordinance 1979. Requires very high standard of proof (four pious Muslim witnesses). Conviction and punishment at Hadd level is extremely rare in practice.

mining lease A lease granting a tenant the right to extract minerals from the land for a specified period in return for a rent (which may vary in accordance with the amount or value of minerals extracted). The Settled Land Act 1925 allows the tenant for life of settled land to grant mining leases for up to 100 years whether or not he is liable for any *waste committed by him, and whether or not the mine is already open. As a general rule, and subject to any contrary intention expressed in the settlement. the tenant for life is entitled to three-quarters of the rent, but if he is liable for waste in respect of minerals, he is only entitled to one-quarter of the