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Legal English refers to the specialised language used within the field of law. It encompasses a wide range of vocabulary, terminology, and syntax specific to legal documents, contracts, statutes, regulations, court proceedings, and other aspects of the legal system. 

Formal and Precise Language

Legal English is characterised by its formality and precision. It often employs complex sentence structures, technical vocabulary, and precise terminology to accurately convey legal concepts and principles.

Latin Phrases and Maxims

Legal English frequently incorporates Latin phrases and maxims, many of which have been used for centuries in legal documents and proceedings. Examples include “pro bono”, “habeas corpus”, and “actus reus.”

Standardised Terminology

Legal English relies on standardised terminology to ensure consistency and clarity in legal documents and communications. Terms such as “plaintiff”, “defendant”, “contract”, and “tort” have specific meanings within the legal context.

Legalese

Legalese is the dense, convoluted language often found in legal documents and contracts. While legalese is intended to be precise and comprehensive, it can be difficult for non-lawyers to understand and may obscure the intended meaning.

Ambiguity and Interpretation

Despite its precision, legal English can sometimes be ambiguous or subject to interpretation. Specific terms or phrases may have multiple meanings or be interpreted differently depending on the context or jurisdiction.

Plain Language Movement

There has been a growing emphasis on using plain language in legal writing and communication in recent years. The plain language movement advocates for using clear, straightforward language accessible to non-lawyers and promotes transparency in the legal system.

International Variation

Legal English may vary between English-speaking jurisdictions, reflecting differences in legal systems, terminology, and conventions. For example, Indian legal English may differ from British, American or Australian legal English in terms of vocabulary, spelling, and citation format.

Legal English is crucial in facilitating communication and understanding within the legal profession and the broader community. While it can be complex and challenging to navigate, clear and effective communication in legal English is essential for ensuring justice, upholding the rule of law, and protecting the rights and interests of individuals and organisations.

Glossary of Legal Terms

Abandonmentgiving up a legal right.
 
Abatement
  • cancelling a writ or action;
  • stopping a nuisance;
  • reducing the payments to creditors in proportion, if there is not enough money to pay them in full; or reducing the bequests in a will, in proportion, when there is not enough money to pay them in full.
Abductiontaking someone away by force.
Abetto help or encourage someone to do something wrong or illegal.
Ab initiofrom the start of something. (This phrase is Latin.)
Abovementioneddescribing something which has been referred to before in the document.
Abrogateto end a law, agreement, or custom formally.
Abscondwhen a person fails to present themselves before the court when required, such as when they have been released on bail and not returned to court.
Absolutecomplete and unconditional.
Absolute dischargesomeone who has been convicted of an offence being released without any penalty. (They may still have to pay compensation though.)
Absolute ownerthe only owner of property such as equipment, buildings, land or vehicles.
Absolute privilegea defence which can be used in a case of defamation if the statement from which the defamation arose was:

  • made in Parliament;
  • in fair and accurate news reporting of court proceedings; or
  • made during court proceedings.
Abstract of titlea document, drawn up by the seller, summarising the title deeds to a property (such as a house).
Abuse of processwhen criminal proceedings are brought against a person without there being any good reason and with malice.
Abuttalsthe parts of the boundaries of a piece of land which touch pieces of land alongside.
Acceptancewhen an offer is accepted unconditionally and a legally binding agreement is created.
Acceptance of servicewhen a solicitor accepts a writ on behalf of a client.
Acceptorthe organisation (such as a bank) which will pay the cheque or bill of exchange it has accepted.
Accessorysomeone who encourages or helps another person to commit a crime.
Accomplicesomeone who helps another person to commit a crime.
Accordinglya word used in legal documents which means therefore or so.
Accountsthe record of an organisation’s income, spending and financial situation.
Accumulationreinvesting income generated by a fund back into the fund.
Accusedthe person charged with a criminal offence.
Acknowledgementadmitting that someone has a claim or admitting that a debt exists.
Acknowledgement of Servicewhen a defendant agrees that a writ or originating summons has been received. The defendant fills in, signs and sends back the acknowledgement of service to confirm in writing that the documents were received.
Acquiescenceconsent which is expressed or implied from conduct.
Acquitwhen a court lets a person go without any penalty. If a court decides that a person is not guilty of a crime, or the case has not been proved, it will acquit the person.
Acquittalthe court’s decision that a person is innocent of the crime they were charged with.
Actionusing the law to make a claim.
Active trusta trust where the trustees have other responsibilities rather than to just let the beneficiaries have the trust’s assets when they ask for them.
Act of bankruptcyan act which, if carried out by a person with debts, could have led to bankruptcy proceedings against that person.
Act of Godan extreme naturally occurring event (such as an earthquake, avalanche or flood) that could not have been anticipated.
Actual bodily harmhurting another person but less severely than would amount to grievous bodily harm.
Actual lossan insurance term which means that the insured item no longer exists.
Actuaryan expert on pension scheme assets and liabilities, life expectancy and probabilities (the likelihood of things happening) for insurance purposes. An actuary works out whether enough money is being paid into a pension scheme to pay the pensions when they are due.
Actus reusan act which is illegal, such as theft. (This term is Latin.)
Additional voluntary contribution (AVC)extra money people in occupational pension schemes can pay in to increase their pension benefits.
Ademptionwhen a gift in a will cannot be made because the item no longer exists.
Ad hocfor a particular purpose. For example, a committee set up to deal with a particular situation is an ad hoc committee. (This term is Latin.)
Ad idemin agreement. (This term is Latin.)
Ad infinitumendlessly or forever. (This term is Latin.)
Adjourned sine diewhen a court case has no date fixed for it to continue.
Adjournmentpostponing a court hearing.
Adjudge/adjudicateto give an official judgement about something. For example, if someone cannot pay their debts a court may adjudge them bankrupt.
Adjudication orderthe former name for a court order which made someone bankrupt. It has now been replaced with the term bankruptcy order.
Administration orderan order made by a county court when a person or a company cannot pay their debts. Normally the court orders that the debts are repaid by instalments and as long as the debtor keeps to the order the creditors cannot do anything else to recover their money.
Administratorsomeone who has been appointed: to manage the affairs of a bankrupt business; or to manage the estate of someone who has died without leaving a will.
Admissibility of evidencewhich evidence can be presented in court. Evidence must be relevant to the case but even some relevant evidence cannot be presented, such as hearsay or evidence of little value. The judge decides whether or not evidence can be used in the case.
Admissionone side in a case agreeing that something the other side has alleged is true.
Admonitionreprimanding of a defendant by a judge even though the case against the defendant has been discharged (dropped).
Adoptionthe system which people use to become parents, even though they are not the child’s natural parents.
Adoptive childa child who has been legally adopted.
Adoptive parenta person who has legally adopted a child.
Ad valoremin proportion to the value. An ad valorem duty goes up as the value of the goods, shares and so on that it is charged on rises. (This term is Latin.)
Adverse possessionintentionally occupying land to prevent the rightful owner or tenant using it.
Adverse witnessa witness who gives evidence which damages the case of the side which asked the witness to testify for them.
Advocatethe lawyer who speaks in court for a client.
Affidavita written statement which is sworn to be true by the person signing it. It is sworn before someone authorised by the court.
Affirmto:

  • solemnly promise to tell the truth in court;
  • solemnly promise to tell the truth in an affidavit;
  • confirm a decision made by a lower court; or
  • allow a contract to continue even though it could have been cancelled because it was fundamentally breached.
Affirmationsolemnly promising to tell the truth when giving evidence. It is an alternative to swearing an oath when the person giving evidence does not wish to.
Affrayfighting unlawfully. It is a criminal offence.
Aforementioneddescribing something referred to previously in the document.
Aforesaiddescribing something which has been said or referred to before in the document.
Agencythe relationship between a principal and an agent.
Agentsomeone appointed to act for a principal.
Age of consentthe age when a person can consent to have sexual intercourse.
Aggravated assaulta more serious type of assault such as one leading to actual bodily harm.
Aggravated burglaryentering premises armed with a weapon, intending to steal goods.
Aggravated damagesextra damages awarded because the defendant has caused the victim anguish, loss of self-respect or shame.
Aggravated vehicle takingstealing a vehicle, driving it dangerously and as a result injuring someone or damaging property.
Aggrieved persona person or group of people that has suffered harm such as injury, financial loss, or damage to property.
Agnatesrelatives whose relationship can be traced wholly through males. One’s father’s brother, or father’s brother’s son are agnates.
Agricultural holdinga type of tenancy agreement for someone doing agricultural work. The tenant has special rights including, when the tenancy finishes, the right to compensation for improvements to the land. If the land has deteriorated the tenant must compensate the landlord.
Aiding and abettinghelping someone to commit a crime.
Airspacethe space in the atmosphere directly above a piece of land. If you own a piece of land you also own the airspace above the land.
Aliasa false name.
Alibia claim that a person was elsewhere when a crime was committed. If someone is accused of a crime their alibi is:

  • evidence that the person was somewhere else when the crime was committed; or
  • an attempt to prove that the person was somewhere else when the crime was committed.
Aliena person who resides within the border of the country but is not subject to that country.
Alienationtransferring the ownership of property from one person to another.
Alimonya court ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated.
All and sundryeverybody.
Allegationan unproved statement declaring that something has happened.
Alleviateto lessen or reduce.
Allocation ratethe proportion of money left to be invested after charges have been taken off when money is paid into a fund (such as a pension fund). For example, if the charges were 2%, the allocation rate would be 98%.
Allotmentshares allocated to a buyer. An allotment of shares in a company gives the owner (of the allotment) an unconditional right to buy the shares at a fixed price.
All thatwords used in a conveyance to introduce the description of the property which is being conveyed.
Alternate directora person appointed by a director to take the director’s place.
Alternative verdicta person being found guilty of a less serious crime than the one they were charged with. If a more serious charge has not been proved and the defendant has been found not guilty, the defendant may be found guilty of a less serious crime instead. For example, there may not be enough evidence to convict someone of a murder but there may still be enough for a manslaughter conviction. This is known as an alternative verdict.
Amalgamationtwo or more companies combining.
Ambiguitycapability of more than one meaning. When a statement’s meaning is not clear because it is capable of more than one meaning, it contains an ambiguity.
Ambulatory willa will which can be revoked or changed while the person who made it is still living.
Amnestynot punishing a person for an offence they have committed and removing details of the offence from the court’s records is giving the person an amnesty.
Ancient lightsthe right not to have the light you receive from a neighbour’s land blocked.
Annual accountsthe summary of an organisation’s financial transactions during the year covered by their accounts, and a ‘snapshot’ of the assets and liabilities at the end of the year.
Annual general meetingthe yearly meeting of the members of an organisation which must be held to meet legal conditions. The annual accounts are presented for approval at this meeting.
Annual returna return which must be sent by companies to the Registrar of Companies. Each year the officers of a company have to fill in an annual return with details of the members, officers, shares issued and other information about the company. The return is then sent to Companies House for filing and is available for inspection by members of the public.
Annuitantthe person who gets paid an annuity.
Annuityan amount paid out every year to someone. The money usually comes from an insurance policy. It can be split up into smaller amounts and be paid out more frequently, such as monthly. It is usually paid for the rest of the beneficiary’s life.
Annulto cancel:

  • an invalid marriage; or
  • a bankruptcy order.
Antebefore. (This is a Latin word.)
Antecedentsdetails about the past of a defendant or a person found guilty of a crime. The information about previous crimes, background and bad behaviour is given to the court before the sentence is given.
Antenuptial agreementa legal agreement between two people who are about to get married. The agreement sets out how the couple’s assets will be divided between them if they later divorce.
Anton Piller orderan order by the court which gives the applicant permission to search the defendant’s premises for evidence, inspect it and take it away. It is intended to prevent evidence being destroyed or hidden which would be relevant to the case, also known as a ‘search order’.
Appealasking a court to overturn a lower court’s decision. If the decision of a court is disputed it may be possible to ask a higher court to consider the case again by lodging an appeal.
Appellantthe person who is appealing to a court against a decision of a lower court.
Appellate jurisdictionthe authority a court has to hear an appeal against a decision made by a lower court.
Appertaining to applicantthe person asking a court to do something.
Appointeethe person who gets the benefit of the use of a power of appointment.
Appointorthe person who uses a power of appointment.
Approveran accomplice to a felony/crime, who confesses his or her guilt and gives evidence against their illegal acts.
Appurtenancesminor rights in land such as a right to do something on the land.
Arbitrageis:

  • borrowing money at a low rate of interest to lend out again at a higher rate; or
  • buying and selling in different markets to make profits out of the price differences.
Arbitrationsettling a dispute by using a referee. If a dispute goes to arbitration it is settled by an independent referee. It avoids having to use the courts to settle the dispute.
Arbitratorthe independent referee who settles a dispute without the need to use the courts.
Arraignmenta procedure at the start of a trial when details of the offences are read out and the defendants are asked whether they will plead guilty or not guilty.
Arrestto seize someone, usually because they are suspected of committing a crime, and take them into custody.
Arrestable offencea crime for which a person may be arrested without a warrant being needed.
Arsonsetting fire to something to cause damage to it.
Articlesthe clauses in a document. A company’s articles set out its rules. The articles form part of the memorandum and articles of association.
Articles of associationdocuments which set out a company’s rules.
Assaultwhen someone threatens another person with physical harm. Words on their own do not amount to assault but threatening gestures do, even if the person threatened is not touched.
Assenta document used by personal representatives to transfer property to a beneficiary.
Assetsomething owned such as a building, a vehicle or money in the bank.
Assignto formally transfer something, such as when ownership of property is transferred from one person to another.
Assignmentthe formal transfer of the rights to something. An example would be a bank customer assigning to the bank the right to receive the benefits from a life insurance policy to give the bank security for a loan.
Assuranceinsurance cover for an event which will definitely happen, such as death.
Assureto transfer the ownership of something.
Assuredthe person whose life is insured or who is entitled to receive the benefit from the assurance cover.
Assured shorthold tenancya type of tenancy agreement under which the landlord has the right to take the property back at the end of the tenancy agreement.
Asyluman institution for the maintenance and care of the mentally ill, orphans, or other persons requiring specialized assistance or when a person who is afraid of being prosecuted in his home state runs away to another state for protection.
Attachment of earningsa court order that deductions be made from a person’s earnings. The employer pays the money collected to the court and the court pays the money to the people it is owed to.
Attestto sign to witness a signature on a document.
Attorneya person appointed to act for another person (such as when someone cannot look after their own affairs). A formal document called a power of attorney is used to appoint the attorney. It is also the name used for a US lawyer.
Attorney Generalthe chief legal adviser to the Government. He or she must be a Member of Parliament (or have a seat in the House of Lords) and must be a barrister.
Auditan independent examination of an organisation’s records and financial statements (report and accounts) to make sure that:

  • the financial statements show a fair reflection of the financial position at the accounting date;
  • the income and spending is shown accurately;
  • the financial statements meet any legal conditions; and
  • the financial statements are drawn up clearly.
Auditor’s reporta report and opinion, by an independent person or firm, on an organisation’s financial records.
Authorised share capitalthe highest amount of share capital that a company can issue. The amount is set out in the company’s memorandum of association.
Authorised investmentsinvestments in which a trustee is permitted to invest trust money, under an Act of Parliament.
Autopsyan examination of a dead body to find the cause of death.
Bailto pay, or promise to pay, an amount of money so that an accused person is not put in prison before the trial. If the accused person does not appear at the trial, the court can keep the money put up for bail.
Baileea person or organisation looking after valuable items to keep them safe for the owner.
Bail hostelaccommodation found for people charged with offences and released on bail, but who do not have a permanent address so that the police know where to find them.
Bailiffan officer of the court who carries out the court’s orders, such as taking a debtor’s goods and selling them to get money to pay the debtor’s debts. A bailiff can also personally deliver (serve) documents on people.
Bailiwickthe area over which a bailiff has jurisdiction.
Bailmenttransferring possession of goods from the owner to someone else. The ownership of the goods is not transferred. A practical example of bailment is that someone who hires a car has possession of it, but the rental company still owns the television.
Bailorthe owner of valuable items which are in the possession of another person or organisation for safekeeping.
Balance sheeta summary of an organisation’s financial position. It lists the values, in the books of account on a particular date, of all the organisation’s assets and liabilities. The assets and liabilities are grouped in categories and paint a picture of the organisation’s strengths and weaknesses.
Banker’s drafta cheque drawn by a bank on itself. It is used when there must be certainty that a cheque will be paid.
Bankruptsomeone who has had a bankruptcy order.
Bankruptcy orderan order that a court may issue against someone if they cannot pay their debts when they are due to be paid. This order takes ownership of the debtor’s property away from the debtor and allows much of the property to be sold. The money raised is divided between the creditors following strict rules.
Bankruptcy searcha document which says whether or not someone is bankrupt.
Barthe collective term for barristers. When a lawyer becomes a barrister, it is called ‘being called to the bar’.
Bare trusta trust which holds property on behalf of a person until they ask for it back.
Bare trusteesomeone who holds property on behalf of another person until asked to return the property.
Bargain and salea contract to sell any property or investment in land that a person owns.
Barristera lawyer who can speak in the higher courts, which a solicitor is not allowed to do.
Bartera way of paying for things by exchanging goods instead of using money.
Batteryusing physical force on someone either intentionally or carelessly and without their agreement. It would not be battery if two boxers took part in a boxing match, even though they hurt each other during the match, because they would have agreed to fight each other.
Bearerthe person who has a document in their possession.
Benchthe name for the judges or magistrates in a court.
Bench warranta warrant issued by a court for the arrest of an accused person who has failed to attend the court. It is also issued when someone has committed contempt of court and can’t be traced.
Beneficial interestbelonging to a person even though someone else is the legal owner. If something really belongs to someone, even if that person does not legally own it, they have a beneficial interest in it. If, for instance, parents hold an investment on behalf of their child they are the legal owners, but the child is the beneficial owner of the investment.
Beneficial ownerthe owner of a piece of land (and the buildings on it). Beneficial owners have the right:

  • to the income their land generates; or
  • to use the land for their own purposes.

It can also be a person who really owns something even though it is held in someone else’s name.

Beneficiarysomeone who benefits from a will, a trust or a life insurance policy.
Bequeathto leave something (such as possessions or money) to someone in your will. You cannot bequeath land or real property but you can devise them instead.
Bequestsomething given in a will, other than land or real property.
Bicameralhaving two branches, chambers, or houses, as a legislative body. India has bicameral legislature -Lok Sabha and Rajya Sabha.
Bigamythe offence committed by someone who is already married but still goes through a marriage ceremony with someone else.
Bill of coststhe invoice the solicitor sends to a client giving details of any disbursements the solicitor has paid on behalf of the client, the fee the solicitor is charging and any expenses.
Bill of exchangea signed written order, instructing the person it is addressed to to pay an amount of money to someone. A cheque is a type of bill of exchange.
Bill of ladinga document recording the goods a ship carries and the terms the goods are carried under.
Bill of salea document which transfers ownership of goods from one person to another.
Binding effectthe fact that an agreement must be kept to by law.
Binding overan order by a court in a criminal case. If someone has misbehaved or broken the peace, magistrates can bind them over. The magistrates can order them to pay a bond. This will be forfeited (won’t be repaid) if the binding over terms are broken.
Binding precedentfollowing the decisions made by higher courts. Lower courts must follow the precedents set by the decisions of higher courts and this is called binding precedent.
Blackmaildemanding payment from a person in return for not revealing something shameful about them.
Blasphemyattacking religion or religious tenets.
Bodily harmphysical injury or pain.
Bona fidegenuine, sincere or in good faith. (This term is Latin.)
Bona vacantiagoods or an estate belonging to nobody. (This term is Latin.)
Bonda written promise to repay a debt at an agreed time and to pay an agreed rate of interest on the debt.
Bonded goodsgoods for which a bond has been paid to Customs and Excise as security for the duty owed on the goods.
Bonded warehousea warehouse approved by Customs and Excise for storing goods imported into India until the duty on them has been paid or the goods have been exported to another country.
Bonus sharesfree shares that a company offers to its shareholders, in proportion to their existing shareholdings.
Book valuethe value of a fixed asset, such as a building or machine, as recorded in an organisation’s books. It is usually the amount paid for the asset less an amount for depreciation.
Bought notea document showing details of a purchase by someone for a third party. Stockbrokers produce bought notes for their clients. The bought note shows details of the investments the broker has bought for the client, including the price paid and any commission and duty charged.
Breach of contractfailing to carry out a duty under a contract.
Breach of dutyfailing to carry out something which is required by law, or doing something the law forbids.
Breach of the peace (or breaking the peace)when harm is done to someone, or harm is threatened.
Breach of trustwhen a trustee does something which is against the trust’s rules or fails to do something required by the trust’s rules.
Break clausea clause in a contract which allows it to be ended.
Briefa document prepared by a solicitor which contains the instructions for the barrister to follow when acting for the solicitor in court.
Brother of full blooda brother by birth.
Building preservation noticea notice that a building is listed. If a building is in danger of being altered or demolished, but the local planning authority thinks it should be preserved, the authority can issue a notice that the building is listed.
Burden of proofthe task of proving that you are correct.
Burglaryentering a building without permission with the intention of stealing or doing damage.
Bye-law or bylawa law made by a local authority. It only applies within the local authority’s boundaries.
Cabineta council advising a president, sovereign, etc., especially the group of ministers or executives responsible for the government of a nation.
Callasking people to pay for new shares they have applied for. A company makes a call when it asks buyers of its new shares to pay some, or all, of the share price. When this happens the shares are being called up.
Called-up capitalall the shares called by a company when it issues shares. When calls have been made for the whole of the share price and the shareholders have paid, the shares become paid-up share capital.
Canon lawthe name for the rules used for running a Christian church.
Capacitysomeone’s ability to enter into a legal agreement. For example, a minor would not be able to buy something on credit.
Capital allowancesallowances that you can sometimes claim when you buy long-term assets, such as machines, to use in your business. You claim part of the cost against your profits before your tax is worked out for the year.
Capital gainthe profit you make if you sell or dispose of a longterm asset (such as a building) for more than it cost you.
Capital gains taxa tax charged on certain capital gains.
Capital punishmentpunishing someone for a crime by killing them.
Capital redemption reserveA company has to have this reserve in its financial records and in its accounts if any of the shares it has issued are cancelled. The reserve cannot be paid out to the members until the company is liquidated and so it prevents the company’s capital being reduced.
Careless drivingdriving a car without consideration for other people using the road.
Care orderan order by a court instructing the local authority to care for a child.
Cartelan agreement between businesses to restrict competition and keep prices high.
Case lawlaw that is based on the results of previous court cases.
Case statedthe written statement setting out the facts of a case. It is produced by a magistrates’ court when asking the High Court for an opinion on the law.
Causationone thing being done causing something else to happen.
Cause of actionthe reason someone is entitled to sue someone else.
Causing death by careless and inconsiderate drivingan offence committed by someone who is unfit to drive, but nevertheless drives a vehicle and kills another person. The punishment for careless and inconsiderate driving is less severe than for dangerous driving.
Causing death by dangerous drivinga criminal offence committed by someone whose driving is dangerous and results in another person being killed. The courts consider dangerous driving to be a very serious offence.
Cautionis:

  • a warning given by the police to a suspected criminal when the suspect is arrested;
  • a warning given by the police when they release a suspect without prosecution that, if there are any more offences committed by the suspect, the first possible offence may be taken into account; or
  • a document sent to the Land Registry by someone who may have a right over land, which demands that no dealings in the land are registered until the person with the right has been told.
Caveata warning or proviso of specific stipulations, conditions, or limitations. (This is a Latin term.)
Caveat emptor‘buyer beware’. It is used to warn people buying goods that they may not be able to get compensation if the goods they buy are faulty. (This is a Latin term.)
Certificate of Incorporationa certificate stating that a company has been incorporated (that is, it has a separate existence from its members). The Registrar of Companies issues the certificate of incorporation once a company has been formed.
Certificate of origina certificate stating in which country the goods being imported were made.
Certiorarian order by the High Court that a case should be reviewed. If the High Court considers that a case heard in a lower court is flawed it may order that it be reviewed by the High Court. (This word is Latin.)
Challenge for causewhen the defence objects to a juror and says why it objects.
Challenge to a jurywhen either side in a case objects to the people who have been selected to serve on the jury before they are sworn in.
Challenge to the arraywhen the defence objects to all the jurors.
Challenge without causehappens when the defence objects to a juror but does not say why.
Chambersthe offices used by barristers and the judge’s private office.
Chargemeans:

  • to formally accuse someone of committing a crime;
  • to use property as security for a debt (such as a mortgage); or
  • a direction given by a judge to tell the jury what they must do.
Chargeable eventan event that may create a tax liability (tax bill).
Chargeable gaina gain on which capital gains tax is payable. If a capital asset such as a building is sold or disposed of at a profit, tax on the gain has to be worked out unless the capital asset is one exempted by law.
Charge certificatea certificate which the Land Registry issues to the legal mortgagee (the lender) who has lent money on the security of registered land. It is proof of the legal mortgagee’s right to the security.
Charges clausea clause which appears in some contracts and sets out who should pay for certain items.
Charge sheetthe document on which a police officer records details of the accusation against a suspect.
Charges registerpart of the certificate which is evidence of someone’s title. The register shows details of any mortgages, restrictions on the use of the land or rights someone else may have over the land such as a right of way.
Charging clausetrustees can charge the trust for their services if there is a charging clause.
Charging ordera court judgement which a creditor may get against the person or organisation which owes the money, giving the creditor security over the debtor’s property for repayment of the debt.
Charityan organisation set up to do good for the community, such as help poor people, educate people and protect animals. Most charities are registered with the Charity Commission.
Charity Commissionan organisation responsible for checking that charities are run properly. It also decides whether proposed charities can be placed on the register of charities.
Chattelany property except freehold land.
Chattels personalthe name for tangible goods (goods which can be touched) such as watches, clothes, furniture and so on.
Chattels realanother name for leasehold land.
Cheata person who fails to send tax returns to the tax authorities or fails to pay the tax owing, such as income tax or value added tax.
Chequea written order, addressed to a bank, instructing the bank to pay an amount of money to the person or organisation named on the cheque. The bank takes the money out of the relevant customer’s account.
Cheque carda card issued by a bank to a customer. It guarantees that a cheque used with the card will be paid if the person issuing the cheque has kept to all the conditions.
Chief rentmoney charged regularly on freehold land. Despite its name it is not rent.
Child abusemolestation or ill-treatment suffered by a child.
Child assessment orderan order which a local authority may apply to a court for to assess a child’s situation if there are concerns about the child’s welfare.
Children in carechildren looked after by a local authority. The local authority takes on the responsibility for the children as if it was a parent.
Child Support Maintenancethe amount of maintenance the parent not living with their child must pay.
Chosean item of property (anything which can be owned).
Chose in actiona right such as a patent, or a right to recover a debt. A chose in action does not physically exist. For example, you cannot touch patents or rights because they have no physical existence.
Chose in possessionan object which physically exists, such as furniture.
Circumstantial evidenceevidence which suggests a fact but does not prove the fact is true.
Citationis:

  • a summons to appear in court;
  • quoting from a completed case to support an argument; or
  • a notice sent out by someone wanting grant of probate or letters of administration, asking people to come forward if they object to it.
Citizen’s arrestan arrest by someone who is not a police officer. The offence must be being committed or have already been committed when the arrest is done.
Civil courta court which does not hear criminal cases. It deals with people’s rights such as collection of debts.
Claimmeans:

  • to apply for a right;
  • to demand a remedy; or
  • an application for something such as a right.
Claimantthe person making a claim.
Clausea section in a contract.
Clearing bankone of several major banks which work together to exchange and pay for cheques which their customers have written.
Clerk to the Justicesa solicitor or barrister who helps in court by advising the magistrates.
Clienta person or group that uses the professional advice or services of a lawyer, accountant, advertising agency, architect, etc.
Close companya company controlled by five people or fewer, or by its directors.
Closing orderan order prohibiting the use of a house because the house is not fit for humans to live in.
Codecode is a collection of laws, rules or regulations that are systematically arranged.
Codicilextra pages to change a valid will which needs a minor alteration. The codicil must be signed and witnessed and then be attached to the will.
Codifying statutea statute used to bring together all the strands of the law on a particular subject.
Coerciona defence that a crime was committed because the person accused was forced to do it.
Collateralextra security for a debt. If there is a main security for a debt, such as a house being security for a mortgage, any extra security supplied is called collateral.
Collusionsecret agreement, especially in order to do something dishonest.
Committal orderan order used to send someone to prison for contempt of court.
Committal proceedingsa hearing where magistrates work out if there is enough evidence of a serious crime to justify a trial by jury.
Committee of Inspectiona committee appointed from the creditors of a company in liquidation to oversee the liquidator’s work.
Common assaultwhen someone threatens another person with physical harm, even if they are not touched. This is a less serious type of assault (compare with aggravated assault). Threatening someone with a weapon such as a knife or gun is common assault.
Common duty of carethe duty of the occupier of premises or land to take reasonable care of visitors to make sure that they are kept safe.
Common sealthe seal companies use to authenticate (validate) important company documents. The company’s name is engraved on the seal.
Commorientesclosely related people who die at the same time, and it is unclear which of them died first. (This term is Latin.)
Community service orderan order to do work in the community without pay. If someone has been convicted of a crime they may be given a community service order as an alternative to being sent to prison.
Companies Housethe office which stores company information such as annual accounts, directors’ names and addresses and the registered office address. People who are interested in a company can inspect some of the information stored.
Company secretarya person appointed by the directors of a company who is responsible for making sure that the company complies with the Companies Acts.
Compensationmoney paid to make up for damage or loss caused.
Compensation for loss of officelump-sum compensation a company pays to an employee whose contract has been ended.
Compensation orderan order by a court to a criminal to compensate the victim of the crime.
Completiontransferring property in exchange for payment. When there is a contract to sell land, there will be an initial payment to confirm the contract. Completion happens when the ownership of the land is transferred to the person buying it, in return for the seller receiving the rest of the purchase price.
Composition with creditorsan arrangement between a debtor and the creditors. The creditors agree to accept a proportion of what is owed to them in full settlement.
Compulsory purchasetaking land and giving compensation for it. When land is needed for a project, such as a road, local authorities and other public bodies can take the land off the landowner. Compensation has to be paid to the landowner.
Compulsory winding upthe liquidation of a company by order of the court. It usually happens because the company has not been able to pay its bills on time and a creditor has presented to the court a petition for winding up the company.
Concealmentfailure by one side negotiating a contract to disclose (reveal) information which the other side would need to consider when deciding whether or not to go ahead.
Concealment of securitieshiding or destroying a document such as a will to gain benefit for yourself or cause other people loss of benefit.
Conclusive evidenceevidence which by law cannot be disputed.
Concurrent sentencewhen someone is sentenced for different crimes and the sentences are to be served at the same time.
Conditiona fundamental part of an agreement. The agreement or contract may collapse if a condition is broken.
Conditional agreementan agreement which depends on a certain thing happening in the future. If the event does not happen the agreement will not start to operate.
Conditional dischargeA court may decide not to punish a criminal immediately for an offence and may conditionally discharge the criminal instead. If the criminal reoffends the court may impose a punishment for the original offence as well as the later ones.
Conditional sale agreementan agreement by which the seller remains the owner of the goods until all the instalments have been paid and all other conditions have been met.
Condition precedentsomething which must happen before a contract starts.
Condition subsequentsomething which may happen in the future and, if it does, will affect a contract.
Confiscation orderIf someone has been convicted of a crime the court may order the person convicted to pay the court a sum of money. This is called a confiscation order.
Conjugal rightsthe rights of partners.
Consecutive sentencewhen someone is sentenced for different crimes and the sentences have to be served one after another.
Consentto agree to something. A contract would not be valid unless all the parties consented to it.
Considerationthe price you pay for something.
Consigneethe person goods have been sent to.
Consignorthe person who sent the goods.
Conspiracyis:

  • an agreement by two or more people to commit a crime; or
  • some people acting together and harming a third party.
Constructivedescribing something which may not be set out in the law but will nevertheless be considered to exist.
Constructive dismissalbecause the employer has broken fundamental terms of the contract of employment the employee has been forced to resign. The employee can apply for a hearing before an industrial tribunal.
Constructive noticepresuming something is known. The law sometimes presumes that a person knows something even though they do not.
Consumera person or thing that consumes or enjoys services and products.
Consumer credit agreementan agreement by a creditor, such as a bank, to provide credit to a consumer.
Contempt of courtthe offence of:

  • disobeying a court order;
  • abusing a judge during a court case; or
  • interfering in the administration of justice.
Contemptuous damagestiny damages. Sometimes, even though a case has been won, the court may consider that it should not have been brought to court and will only award tiny damages.
Contingency feethe claimant’s lawyer gets paid the fee only if the case is won by the claimant. The fee is often a proportion of the damages won.
Contingent legacya gift in a will which will only be made if certain conditions are met.
Contractan agreement between two or more people (or groups) to do (or not to do) something. The agreement can be enforced by law.
Contract for servicesa contract under which materials and services are provided by a contractor.
Contract of exchangea contract to exchange goods without money being involved (barter).
Contract of servicethe contract between employer and employee.
Contributory negligenceyour own carelessness contributing to the damage done to you or your property. When someone suffers damage or injury their claim for damages may be limited if they have contributed to the harm done through their own carelessness.
Conversionis:

  • exchanging one sort of property for another (such as exchanging money for goods); or
  • acting unlawfully to deprive someone of their ownership of goods.
Conveyto transfer the ownership of something.
Conveyancethe name of the document which transfers the ownership of land.
Conveyancingthe name for carrying out all the actions needed to transfer the ownership of a piece of land.
Convictionbeing found guilty of a criminal offence.
Copyrighta legal right which stops things being copied without permission. If you have the copyright over something (such as a book or music), nobody can copy it or reproduce it without your permission.
Coronera person who investigates the cause of death when a person has suffered a sudden, violent or suspicious death.
Corporate body (or corporation)a group of people acting together, such as a club. The group has a separate legal identity from the individual members’ identities. A company is another example of a corporate body.
Corporation taxa tax which companies pay on their profits.
Corpusthe name for a body (usually dead). (This word is Latin.)
Corpus delictiis:

  • the body of a person who has been killed unlawfully; or
  • the facts which make up an offence.(This phrase is Latin.)
Counsela barrister or group of barristers.
Counterclaimmaking a claim in court against someone who has already made a claim in court against you.
Counterfeitsomething that is forged or copied with the intention of deceiving.
Counterpartan exact copy of a document.
Coupona dated piece of paper attached to a bond. The coupon has to be surrendered (given back) to get the interest or dividend on the bond.
Court of Appeala court which hears appeals against the decisions of other courts.
Covenanta contract or legally binding promise.
Creditora person you owe money to.
Creditors’ voluntary winding upIf a company is insolvent (cannot pay its debts when they are due for payment) the members can pass a special resolution to have the company wound up (liquidated). This is called a creditors’ voluntary winding up.
Criminalof or relating to crime or its punishment.
Criminal damagethe criminal offence of causing damage to someone else’s property either recklessly or intentionally.
Criminal negligencea conduct in which a person ignores a known or obvious risk, or disregards the life and safety of others.
Criminal responsibilityWhen someone reaches the age when the law says they are able to commit a criminal offence they have reached the age of criminal responsibility.
Cross-examineto question a witness for the other side in a case.
Crueltyconduct by a person (spouse) that causes grievous bodily harm or mental suffering. It is considered to be one of the following grounds of divorce.
Culpablameworthiness or a fault. (This word is Latin.)
Culpableliable or responsible. It also means to be at fault.
Cum dividendwith dividend. If a share is sold cum dividend, the buyer will receive the dividend that was declared just before the share was bought.
Cumulative preference sharesshares which carry forward unpaid dividends. If dividends on these shares have not been paid in previous years the arrears must be paid before a dividend can be paid on the ordinary shares.
Curfewa court ordering someone to stay at a named place at stated times of the day.
Custodyis:

  • the legal right to keep and look after a child, especially the right given to a child’s mother or father when they get divorced; or
  • the state of being kept in prison, especially while waiting to go to court for trial.
Customs dutiesduties which are charged on imports of goods into the UK and on some exports.
Damagesthe name for money awarded by a court as compensation.
Dangerous drivinga standard of driving which falls far below that of a careful, competent driver and it would be obvious to such a driver that it was dangerous to drive that way.
Debenturea document issued by a company which acknowledges that some or all of the company’s assets are security for a debt (usually to a bank). It is also the name for certain long-term loans to companies.
Debtmoney owed.
Debtorsomeone who owes you money.
Debt securitiesdebts which can be bought and sold, such as debentures.
Deceitwhen one person deliberately misleads a second person with a statement which causes the second person to do something that causes them damage.
Decreean order by a court.
Decree absolutethe final court order which ends a marriage.
Decree nisia provisional court order which orders that a marriage should be dissolved.
Deeda legal document which commits the person signing it to something.
Deed of arrangementa written agreement which can be made, when a debtor is in financial trouble, between the debtor and the creditors. It is intended to benefit the creditors and avoid the bankruptcy of the debtor. The creditors get a proportion of the money owing to them.
De factoin fact or in reality. (This term is Latin.)
Defamationmaking a statement, either orally or in writing, which damages someone’s reputation.
Defaultfailing to do something which had been agreed to.
Defencethe name for the team of people (lawyers and so on) against proceedings brought against someone. It is also in a civil case a written statement (pleading) by the defendant setting out the facts that the defence will rely on.
Defendanta person defending a court action which has been taken against them.
De jurerightfully. (This term is Latin.)
De minimis non curat lexthe law will not take account of trifling matters. (This phrase is Latin.)
Dependantsomeone who depends on someone else for financial support.
Deponenta person who swears on oath that a statement is correct.
Deportationthe lawful expulsion of an alien or other person from a country. It also means banishment or transportation.
Deposeto give evidence on oath in the Court of law.
Depositiona statement, by a witness, made under oath.
Depreciationthe drop in value of an asset due to wear and tear, age and obsolescence (going out of date), as recorded in an organisation’s financial records.
Derogationdamaging someone’s rights or entitlements.
Determinationending an agreement.
Deviseto leave land in a will.
Deviseethe person who is left freehold property or land in a will.
Diminished responsibilitya defence sometimes used for someone charged with murder, that they suffered lowered powers of reasoning and judgement because of their unusual state of mind. If their defence succeeds they will be convicted of manslaughter.
Diocesethe area covered by a bishop’s authority.
Diplomatic immunityimmunity given to certain members of foreign embassies, such as ambassadors, for crimes they may have committed.
Direction/directingjudges must give juries instructions on points of law. This is called directing the jury.
Directora person appointed to help manage a company’s affairs.
Disbursementa payment made by a professional person, such as a solicitor or accountant, on behalf of a client. The money is claimed back by including it on the bill for professional services which is sent to the client.
Dischargerelease from:

  • a commitment such as a debt;
  • a contract because it has finished or the parties agree to end it; or
  • a punishment for a crime.
Disclaim/disclaimerto give up a claim or a right or refuse to take over an onerous (having more obligations than advantages) contract. A disclaimer can also be a notice to limit responsibility.
Discoveryone party in a civil case revealing to the other party the documents relevant to the case under the first party’s control and allowing them to be inspected.
Discretionary trusta trust in which the trustees can decide who will benefit from the trust and how much they will get.
Disfranchiseto deprive (a person) of a right of citizenship, as of the right to vote or to deprive of a franchise, privilege or right.
Dishonour of billwhen the acceptor of the bill is unable to pay the amount of the bill on the date of maturity. It can be either non payment or non acceptance and is equivalent to a bounced cheque.
Disposal (dispose of)selling, transferring or giving away something.
Distrain/distressto seize goods as security for an unpaid debt.
Dividenda type of distribution of profits made by a company to its members.
Divorcethe legal end to a marriage.
Divorce petitionan application for the legal ending of a marriage.
Domicilethe country where your permanent home is, even if you are living somewhere else for now.
Domiciledpermanently based in a country.
Domicile of choicethe country in which you make your home, intending it to be permanent.
Domicile of originthe domicile a newborn child has. This is usually its father’s domicile or, if the father is dead, its mother’s.
Dominiumcomplete power to use, to enjoy, and to dispose of property at will.
Dooma judge

ment, decision, or sentence, especially an unfavourable one.

Dowerthe portion of a deceased husband’s real property allowed to his widow for her lifetime.
Draweethe organisation which will pay a bill of exchange (such as a cheque). In the case of a cheque, this is the bank that the cheque is drawn on.
Drawerthe person or organisation that has written a bill of exchange, such as a person who has written a cheque.
Duressthreatening or pressurising someone to do something.
Dutya levy charged by the Government, usually when things are bought, such as shares or buildings.
Dying declarationa statement made by a declarant as to the cause of his death or who died explaining the cause of his death.
Easementa right to use someone else’s land, such as a right of way.
Ejectmenta civil action to recover the possession of or title of land against a defaulting tenant or a trespasser.
Embezzlementan act of fraudulently obtaining another’s property by some kind of false pretense. (This word is from Anglo Norman French.)
Emolumentsa salary, fee, or profit from employment or office.
Enabling legislationlegislation which authorises government ministers or bodies to create detailed rules to accomplish general principles set out in the legislation. For example it may allow a minister to create rules or laws for a particular body, such as the police, to follow.
Enactmentthe process of passing legislation.
Encroachersomeone who enters by force in order to conquer/ trespasser. It can also be termed as invader, outsider, intruder etc.
Endorsementa change to the original terms of a contract, such as an insurance policy.
Endowmenta voluntary transfer generally as a gift of money or property to an institution for a particular purpose.
Endowment policya type of insurance policy which will pay out a lump sum on a fixed date in the future, or when you die if this happens earlier.
Engrossmentpreparing the final version of a legal document ready for it to be executed (made valid such as with a signature).
Equitable mortgagethe type of mortgage where the purchaser owns the property which is security for the mortgage.
Escapebreak free from confinement or control.
Escheatwhen an individual dies intestate(without making will) and does not leave behind an heir who is qualified to succeed to the property, the property devolves on the Government because government/state is the lord paramount of the whole soil of the country.
Escrowa deed which has been supplied but cannot become effective until a future date, or until a particular event happens.
Estateis:

  • all a person owns at the date of their death; or
  • the right to use land for a period of time.
Estimatean offer to do stated work for a set price.
Estoppela rule of law that a person cannot deny something they previously said, if someone else acted on what was said and their position was changed, possibly for the worse, as a result.
Et seq‘and in the following pages’. It is sometimes written in books and documents. (This phrase is abbreviated from the Latin ‘et sequeus’.)
Euthanasiakilling someone to end their suffering.
Evictionthe act of forcing someone to leave; expulsion.
Excess of jurisdictionsomeone such as a judge acting without authority.
Exchange of contractswapping identical contracts. When land is sold, the person selling and the person buying both sign identical copies of the contract and exchange them. The contract is then binding on both of them.
Exchequera royal or national treasury. A government department that collects and manages revenue. It is also known as treasury.
Excise dutya type of tax levied on the production, sale, or license of certain goods.
Exclusionsthe things an insurance policy does not provide cover for. They will be listed in the insurance policy.
Exclusive licencea licence under which only the licence holder has any rights.
Ex dividendwithout dividend. If a share is sold ex dividend, the seller will receive the dividend declared just before it was sold.
Executeto carry out a contract.
Executeddescribing a document which is made valid (in the eyes of the law) such as by being signed or sealed.
Executive directora director who usually works full time as a director of the company.
Executora man appointed in a will to deal with the estate, according to the wishes set out in the will. Today it is often used to refer to a woman as well.
Executorydescribing something, such as a contract, which has not been started yet.
Executrixa woman appointed in a will to deal with the estate, according to the wishes set out in the will.
Exemplary damagesdamages given as a punishment for the defendant.
Ex gratiadescribing something done or given as a favour rather than a legal obligation. (This term is Latin.)
Ex partedone by one side only in a case. (This term is Latin.)
Expert witnessan expert in a particular field who is called to give an opinion in a court case.
Ex post factodescribing a law which is retrospective. It affects past acts as well as future ones. (This term is Latin.)
Extraditionthe handing over of a criminal to the country the crime was committed in.
Extraordinary general meetinga general meeting of the members of a company which is not the annual general meeting.
Extraordinary resolutiona resolution for consideration by the members of a company at a general meeting of the members.
Ex worksavailable from the factory. When something is sold ex works the buyer can collect it from the place it was manufactured or from some other place agreed by the buyer and seller.
Factoris:

  • someone buying or selling for a commission; or
  • an organisation which provides finance for a business by advancing money on the value of the invoices the business sends out.
False imprisonmentwrongfully keeping someone in custody (for example in prison).
False pretencemisleading someone by deliberately making a false statement.
False representationlying in a statement to persuade someone to enter a contract.
Family courtthe court dealing with marriage breakdowns and probate.
Felonythe former term used for serious crimes such as rape or murder. It is still in use in the USA.
Feme coverta woman who is married.
Feme solea woman who is not married or no longer married.
Fiduciaryin a position of trust. This includes people such as trustees looking after trust assets for the beneficiaries and company directors running a company for the shareholders’ benefit.
Final judgementthe court’s final decision in a civil case.
Firma company or other business concern which provides legal services to its clients.
Fitness to pleadwhether or not the person charged is capable of making an informed decision. If, because of mental illness, a person charged with an offence is unable to understand what is going on the person may not be fit to plead guilty or not guilty.
Fixed chargea charge which provides security for money lent. The charge is over a specific property.
Floating chargea charge used to provide security for money lent to a company. The charge is over the company’s liquid assets (such as stocks and debtors) but it is only triggered by an event such as liquidation.
Forbearancewhen one party to an agreement does not pursue rights under the agreement even though the other party has not kept to its terms. An example would be someone not suing to recover an overdue debt.
Force majeurean event which cannot be controlled and which stops duties under an agreement from being carried out. (This phrase is French.)
Foreclosurerepossessing property. If a mortgagor (the borrower) has failed to keep up the repayments on a mortgage, the mortgagee (the lender) may apply to the court for an order that the debt be repaid by a particular date. If the debt is not repaid the property will be repossessed. This procedure is called foreclosure.
Forfeiturethe loss of possession of a property because the tenancy conditions have not been met by the tenant.
Forgerythe crime of falsely making or altering a writing by which the legal rights or obligations of another person are apparently affected.
Fosteringlooking after other people’s children. Sometimes children are looked after by people who are not their parents (natural or adopted). It usually happens because the parents cannot look after the children properly because of changed circumstances such as illness.
Franchisethe right or license granted by a company to an individual or group to market its products or services in a specific territory.
Fraudlying or deceiving to make a profit or gain an advantage, or to cause someone else to make a loss or suffer a disadvantage.
Fraudulent conveyanceownership of land being transferred without consideration and with the intention of defrauding someone.
Fraudulent preferencesomeone who is insolvent paying one of their creditors while knowing there is not enough money to pay the others.
Fraudulent tradingrunning a business with the intention of defrauding its creditors or other people.
Freeholddescribing land that only the owner has any rights over.
Free of encumbrancesno one else having any rights over something. When property is owned by someone and nobody else has any rights over it, it is owned free of encumbrances.
Frustrationstopping a contract. Sometimes a contract cannot be carried out because something has happened which makes it impossible. This is called frustration of contract.
Futures contracta binding contract to buy or sell something on a date in the future at a fixed price.
Garnishee ordera court order to a third party who owes money to a judgement debtor to pay the money to the judgement creditor.
General damagesdamages a court will give to compensate for a wrong done without needing specific proof that damage has been done to the claimant (‘plaintiff’ before April 1999). The court presumes that losses or damage exist such as in a libel case.
General meetinga meeting of the members of a company to make decisions about the company.
Genocidethe deliberate killing of a large number of people from a particular nation or ethnic group with the aim of destroying that nation or group.
Grantproof that you are entitled to deal with a dead person’s estate. The grant is issued by the Probate Registry.
Grant of probatea certificate proving that the executors of a will are entitled to deal with the estate. When a person dies the executors fill in various forms for the Probate Registry. The forms are then sent to the registry together with the will and the death certificate. A registrar examines all the documents and, once satisfied with everything, issues the grant of probate.
Gratuitiesthe amount of money earned by an employee as a means of appreciation for his service to the company, reward etc.
Grievous bodily harmintentionally causing serious physical harm to someone. This is more serious than actual bodily harm.
Guaranteea promise by a person (the guarantor) to repay a debt owed by a second person if the second person fails to repay it. For example, a guarantee is sometimes required by a bank before it will lend money to a customer.
Guarantee companya company whose members only have to pay the amount they have agreed to contribute, if the company has to be wound up. They do not have to pay in extra money if there is not enough to pay all the company’s debts.
Guarantora person or organisation that promises to pay a debt owed by a second person, if the second person fails to repay it.
Guardiana person appointed formally to look after the interests of a child, or of someone who is not capable of looking after their own affairs.
Guiltya court’s verdict that the person charged with a crime committed it.
Habeas corpusa writ which can be applied for to order a person’s release if they have been imprisoned unlawfully. (This phrase is Latin.)
Half bloodthe relation between persons having only one common parent. Two persons are said to be related to each other by half blood when they are descended from a common ancestor but by different wives.
Harassment of debtorsthe illegal act of attempting to collect a debt by threatening, or habitually acting in a way that humiliates or distresses, a debtor.
Harassment of occupiersthe illegal act by a landlord of using, or threatening to use, violence, or interfering with the tenant’s enjoyment of the property, in an attempt to repossess the property.
Hearsay evidenceevidence given in court of something said to the witness by another person.
Heira person who inherits all the property of a deceased person, as by descent, relationship, will, or legal process.
Heir apparenta person who is first in an order of succession and cannot be displaced from inheriting by the birth of another person.
Hereditamentany property which is capable of being inherited.
High treasonthe crime of making war against the government of your country or attempting to help an enemy take control of your country.
Hireto pay to borrow something for a period.
Hire purchasea form of credit which allows the purchaser to have possession of the goods shown in the hire purchase agreement. Ownership passes to the purchaser when the fee and all the instalments have been paid.
Holding companya company which controls another company, usually by owning more than half of its shares.
Homicidea person who kills another, murderer.
Honorariuma voluntary payment that is a matter of honor given to a person for services for which fees are not legally or traditionally required.
Hostile witnessa witness who:

  • refuses to testify in support of the people who called them; or
  • testifies in a way which differs from their previous statement.
Hypothecationa person giving a bank authority to sell goods which have been pledged to the bank as security for a loan.
Identification paradea group of persons including one suspected of having committed a crime assembled for the purpose of discovering whether a witness can identify the suspect. It must include at least 5 other persons including the suspect or accused person.
Illegitimate childborn of parents not lawfully married to each other.
Inalienablenot subject to sale or transfer i.e, inseparable. That which is inalienable cannot be bought, sold, or transferred from one individual to another. The inalienable rights can be transferred with the consent of the person possessing those rights such as right to own property etc.
Indemnitysecurity or protection against a financial liability. It typically occurs in the form of a contractual agreement made between parties in which one party agrees to pay for losses or damages suffered by the other party.
Indictusing legal means, to officially accuse someone of committing an offence.
Indictable offencean offence which can be tried by jury in the Crown Court.
Indictmenta document setting out the details of the offence a defendant is accused of.
Infanta child of 0-1 year of age.
Infringementa violation, a breach of one’s legal rights or an unauthorized act, such as an encroachment on a right, a person, a territory, or a property. It may be related to copyright, patents, trademarks etc.
Injunctionan official order given by a law court, usually to stop someone from doing something. It is a preventive remedy which may be prohibitory or mandatory.
Innuendoan indirect hint and can be used in defamation lawsuits (libel or slander) to establish that the plaintiff is the person about whom defamatory statements have been made in a blind item.
Insanitysuch unsoundness of mind frees one from legal responsibility, as for committing a crime, or as signals one’s lack of legal capacity, as for entering into a contractual agreement.
Intangible propertyproperty which does not physically exist, such as a right or a patent.
Interesta legal right to use property.
Interlocutory judgementa provisional judgement.
Interlocutory proceedingsthe first things to be done before a civil case comes to trial. They include pleading (preparing the formal written statement) and discovery (stating the documents, under one party’s control, which are relevant to the case and making them available to the other party) so that there are no surprises when the trial starts.
Interrogationthe process of questions propounded by police in criminal law, to a person arrested or suspected to seek a solution to crime.
Interrogatoriesin a civil case, formal questions from one side which the other side must answer under oath.
Intestacy/intestatewhen someone dies without leaving a will. Their estate is divided up between their relatives following the rules set by law.
Intimidationthreatening or frightening someone into doing something.
Intoxicationa state in which a person’s normal capacity to act or reason is inhibited by alcohol or drugs.
Involuntary manslaughterDeath caused by a person who thought they might cause physical but not fatal harm and there was no lawful excuse.
Issuethe legal word for:

  • children; or
  • the matter to be decided by a court action.
Issued share capitalshare capital which has been allocated to shareholders who have subscribed for (asked for) shares.
Jeopardythe risk of conviction and punishment.
Joint and several liabilitytwo or more people responsible for repaying a debt. They are each responsible individually to repay all the debt as well as being responsible as a group.
Joint tenancytwo or more people having identical shares in land.
Joint willa single will which two or more people make to cover all their estates. Probate has to be obtained on each death.
Joyridingtaking a vehicle without permission and using or allowing it to be used without authority.
Judgea person whose job is to adjudicate in court cases.
Judge in chambersdescribes a hearing in front of a judge which is not held in court.
Judgementa decision by a court.
Judgement creditora person who is owed money and who has been to court and obtained a judgement for the money owed.
Judgement debtora person who owes the money a court judgement says is owed.
Judgement in defaultgetting a judgement against you because you failed to do something. If a civil case has gone to court but the defendant does not do something required by the court (such as turn up), judgement for the plaintiff may be given.
Judgement summonsa summons to appear in court to disclose (reveal) income and assets under oath because a judgement debtor has failed to pay the judgement debt.
Judicial discretiona degree of flexibility about the way courts do things.
Judicial immunityimmunity that a judge normally has from being sued for damages when acting as a judge.
Judicial precedentLower courts have to follow the decisions of higher courts. This is called judicial precedent, binding precedent or precedent.
Judicial separationa court order that two married people should live apart.
Judiciarythe system of courts of justice in a country.
Jurisdictionis:

  • the territory in which a court can operate; and
  • the power it has to deal with particular cases.

It is also the power the court has to issue orders (give instructions or commends).

Jurorone of the people who are acting as a jury.
Jurya group of people who are sworn to provide a verdict on a case, including a judgement or penalty.
Jury servicewhen a group of people, called jurors, are sworn in to serve on a legal panel in court.
Just and equitable winding upa winding up ordered because fairness cannot be achieved for all the members of a company.
Justificationclaiming that a defamatory statement is true. In a defamation case a defendant may admit that the plaintiff’s allegations are true but plead that the statement which defamed was true.
Justifying bailproving to the court that the person giving the surety has the assets to pay the bail.
Juvenile courtsa court which deals with crimes committed by young people who are not yet old enough to be considered as adults (below 18 years of age).
Juvenile offendera person aged under 18 who has committed a criminal offence.
Kerb crawlingthe offence committed in a street or public place by a man in a motor vehicle (or near a vehicle he has just got out of) who approaches a woman for sexual services in return for money.
Kidnapto take someone away against their will by force, threat or deceit.
Killto deprive of life in any manner.
Knock for knockan agreement between insurance companies that they will pay for their own policyholders’ losses regardless of who was to blame.
Know-howthe expertise in an organisation which may be protected by a patent.
Lachesa party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect. The reasons for delay if valid and reasonable are generally accepted because the Court doesn’t dismiss petitions only due to delay but only if it is accompanied by other reasons.
Lapsethe termination of an offer as a result of the passage of time, death, or the nonfulfillment of a condition.
Landincludes:

  • the buildings built on the land;
  • the subsoil;
  • the airspace above the land necessary for ordinary use of the land; and
  • property fixed to the land.
Lawthe system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
Lawfulsome act which is justified by law and opposite to unlawful or illegal.
Lawsuita claim made in a court of law.
Lawyera person whose profession is to advise clients in legal matters.
Leading questiona question which:

  • suggests the answer to be given; or
  • assumes things to be true which in fact are disputed.
Leasea contract between the owner of a property and a tenant, giving the tenant sole use of the property for an agreed time.
Leaseholdproperty held by a tenant with a lease.
Legacya gift left to someone in a will, but not including land.
Legal aid schemea scheme for paying legal costs out of public funds for people who cannot afford to pay for them.
Legateethe person who receives a legacy.
Legislationthe act of making or enacting laws. The enactments of a legislator or a legislative body.
Legitimacyconformity to the law or to rules.
Lesseethe person a property has been leased to.
Lessorthe person who lets a property by lease.
Letter of credita letter one bank sends to a second bank asking them to pay money to a named person.
Letters of administrationan authority the courts give to a person to deal with a dead person’s estate. It is given when someone dies intestate.
Liabilitiesthe debts that a person or organisation owes.
Liabilitya debt or obligation.
Libela false statement made in writing or in some other permanent record (such as a film).
Libertya right or privilege, especially a statutory one. Enjoyment of rights which belong to us as individuals.
Licencean authority to do something.
Licensed conveyancera licensed professional who provides advice and information with regards to the transfer of property ownership (but not including solicitors).
Licenseethe holder of a licence to do something.
Lienthe right to keep possession of something owned by someone who owes a debt, until the debt has been settled.
Life assurance policy (or life insurance policy)a contract between the policyholder and the insurance company. The insurance company pays out if the policyholder dies.
Life assuredthe person whose life is assured by a life assurance policy.
Life imprisonmenta sentence given to a criminal to be imprisoned for the rest of their life.
Life interestan interest which will pass to someone else when the present owner dies.
Life tenantsomeone entitled to use property for the rest of their life.
Limited companya company which limits how much its members will have to pay if the company is wound up. The members of most limited companies will only have to pay any money unpaid on their shares. If a company limited by guarantee is wound up, the money its members have to pay is limited to the amount shown in the memorandum of association.
Liquidated damagesdamages agreed beforehand by the parties to a contract in case one of them should later break the terms of the contract.
Liquidationthe process of winding up a company by disposing of its assets, paying its creditors in a strict order of priority and distributing any money left among the members.
Liquidatorthe person appointed to wind up a company.
Litiganta person involved in a lawsuit.
Litigationtaking legal action through the courts.
Loan capitalmoney borrowed by an organisation.
Loan creditora person or organisation which has lent money to an organisation.
Lunatican insane person.
Magistratea civil or minor judicial officer who presides over (is in charge of) minor cases heard in the magistrates’ court.
Magistrates’ courta court that has limited jurisdiction over minor civil and criminal matters. It deals with crimes that are not serious.
Maintenancemoney paid (and things paid for) to support a partner (husband or wife) and children when a marriage has failed.
Majoritythe age when a person gains full legal rights and responsibilities. In the India it is when a person becomes 18 years old.
Male issuemale descendants (sons only) of men.
Malfeasancean unlawful act.
Maliceintending to do something which is against the law.
Malice aforethoughtplanning to kill someone or intending to do something which is likely to kill.
Malicious falsehooda written or spoken lie told to harm somebody and which does do harm.
Malicious prosecutiona prosecution which is brought unreasonably.
Mandatean authority to act given by one party to another. An example is when a bank’s customer writes instructions on the mandate for the bank to follow when operating the customer’s account.
Manslaughterkilling someone illegally but by accident.
Market overta lawful market in which, as long as someone buying goods is not aware that they do not belong to the seller, the buyer will get a good title to the goods.
Marriagethe legally or formally recognised union of two people as partners in a personal relationship. It is a civil and religious contract whereby a man is joined and united to a woman for the purposes of a civilised society.
Martial lawgovernment of a country by the military.
Material factsfacts which are a key part of a defence or a claim.
Matricidethe killing of a mother by her son or daughter.
Matrimonial causesthe court proceedings:

  • to divorce people;
  • to separate a married couple; or
  • to dissolve a marriage.
Matrimonial homethe house that a husband and wife live in as a married couple.
Mediationhelp from an independent person (a mediator) to solve differences between a husband and wife whose marriage has broken down. The mediator helps them to agree what should be done about their children, money and so on.
Memorandum and articles of associationThe memorandum gives details of a company’s name, objects (purposes) and share capital. It also sets out the limits of the shareholders’ liability if the company has to be wound up. The articles set out the members’ rights and the directors’ powers.
Mens reathe intent to commit a crime and also the knowledge that an act is wrong. (This term is Latin.)
Mercantile lawthe branch of the law dealing with commerce.
Merchantable qualitythe assumption in the law that goods sold by a business will be fit for their purpose.
Mesne profitsincome lost by a landlord because the property is occupied without the landlord’s permission. An example would be a tenant failing to leave the property when the tenancy finished.

It is also the profits lost by a landowner when wrongly deprived of the use of his or her land.

Messuagea house together with its land and outbuildings.
Minorsomeone who has not yet reached the age when they get full legal rights and responsibilities. In India this is a person under 18 years old.
Minoritybeing under the age of full legal rights and responsibilities.
Minutesnotes taken at a meeting and often distributed to participants.
Misadventurean unexpected accident which happens while lawfully doing something.
Miscarriage of justicethe court system failing to give justice to someone.
Mischiefan act which is likely to cause wrongful loss or damage to any individual or property, cause destruction or diminish its value or utility.
Misconductdeliberately doing something which is against the law or which is wrong.
Misdirectiona judge instructing a jury wrongly.
Misfeasancethe act of engaging in an action or duty but failing to perform the duty correctly i.e., the wrongful performance of a normally lawful act i.e, the wrongful and injurious exercise of lawful authority.
Misrepresentationa lie told to persuade someone to enter into a contract.
Mistriala trial that has been made invalid.
Mitigationputting facts to a judge, after someone has been found guilty, to justify a lower sentence.
Molest/Molestationtouching or attacking someone in a sexual way against their will.
Money Billthat deals with the issues related to taxes, borrowing and expenditure of money, audits and accounting, consolidated and contingency funds etc.
Money launderingmaking money from crime and then passing it through a business to make it appear legitimate.
Moratoriuman agreement not to take action to recover a debt for an agreed period of time.
Mortgageusing property as security for a debt. It is also the name for the contract which is signed by the borrower and lender when money is lent using property as security for a loan.
Mortgageethe lender of the money which is secured by a mortgage.
Mortgagorthe person who borrows the money to buy a property. The lending is secured with a mortgage of the property.
Motivea reason for a person doing something.
Munimentsdocuments which are evidence of a right to something.
Murderwhen one person is killed by another person or a group of persons who have a pre-determined intention to end life of the former.
Naked trusta trust which holds property for a person until they ask the trustee to return it.
Nationalisationthe process in which a country or a state takes control of a specific company or industry. It is limited to property actually taken over by the state.
Naturalisationgiving a citizen of one country citizenship of another.
Negligencelack of proper care to do a duty properly.
Negligentlacking proper care to do a duty properly.
Negotiable instrumenta document which:

  • is signed;
  • is an instruction to pay an amount of money;
  • can have its ownership changed by changing the name it is paid to; and
  • can have its ownership changed simply by being delivered to its next owner.
Next of kina person’s closest blood relatives.
Nexusa means of connection i.e, tie/link.
Non-disclosurethe failure by one side to a contract to disclose (reveal) a fact to the other side that would influence their decision to go ahead with the contract.
Non-disclosure Agreementa legal contract between two or more parties. It defines information that the parties want to keep private and outlines restrictions on how it can be used.
Non-exclusive licencean agreement giving someone the right to use something but which does not prevent other people being given similar agreements.
Notary public
a government-authorized person (usually a solicitor) who is responsible for verifying the identity of a document signer, witnessing the signing of a legal document, and checking the mental capacity of the signer.
Not guiltya court’s verdict that the person charged with a crime did not commit it. When criminal court cases start the defendants are asked for their pleas. If they want to deny they committed the offence they plead not guilty.

If a court’s verdict is that the prosecution has not proved the defendant committed a crime, the defendant has been found not guilty.

Noticea warning of something which is about to happen.
Notice to quita notice to end a tenancy on a stated date. It is usually sent by the landlord to the tenant although the tenant can also send one to the landlord.
Not negotiablecannot be transferred. If a bill of exchange is marked not negotiable it cannot be transferred to someone else.
Novationreplacing an existing agreement with a new one.
Nuisancedoing something that harms other people’s rights.
Null and voidsomething that binds no one or is incapable of giving rise to any rights or duties under any circumstances.
Oathswearing the truth of a statement.
Objects clausea clause which forms part of a company’s memorandum of association It sets out the purposes the company was formed for.
Obligationa legal duty to do something.
Obligeesomeone who, under a contract, receives money or has something done.
Obligorsomeone who is bound by a contract to pay money or do something.
Obstructionwhoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed.
Occupationtaking control of a piece of land which belongs to someone else.
Occupational pension schemea pension scheme organised by an employer for its employees.
Occupierthe person who is in control of a piece of land, such as a tenant.
Offencea breach of a law or rule; another name for crime.
Offensive weaponan object that is intended to physically injure someone.
Offera promise to do something, or not to do something. If the promise is accepted it becomes legally binding.
Offereethe person who receives the legally binding offer.
Offerorthe person who makes the legally binding offer.
Official receivera civil servant who acts as an officer of the court and part of the insolvency service. They are responsible for a variety of functions in corporate and personal insolvency.
Official secretinformation which the Government classifies as confidential. It is a criminal offence to disclose an official secret without permission.
Ombudsmana government official who hears and investigates complaints by private citizens against other officials or government agencies.
Omissiona failure to do something.
Opinionan evaluation or judgement given by an expert.
Oppressionthe offence of public officials using their official positions to harm or injure people.
Optiona type of contract under which money is paid for a right to buy or sell goods at a fixed price by a particular date in the future.
Orderan instruction by or command of a court.
Originating summonsa summons that sets out the questions the court is being asked to settle. When the facts in a case are not disputed, but the interpretation of the law or of the documents needs to be resolved, an originating summons is prepared.
Outlawformerly, a person who was not protected by the law.
Overt actan act done openly and from which the criminal intention of the act is clear.
Panelthe list of people who have been summoned for jury service.
Pardona legal release from guilt or a remission of punishment.
Pari passuequally. (This term is Latin.)
Parolerelease from prison early. If someone is given parole they may be returned to prison if they offend again.
Partythe claimant (‘plaintiff’ before April 1999) or defendant in a lawsuit. It is also someone who has taken out a contract or agreement.
Passing offpretending that the goods and services offered are those supplied by another business.
Patentan official right for a specified period of time to be the only person (or organisation) to make or sell something.
Patricidethe killing of a father by his own son or daughter.
Pawnto pledge goods as security for a loan.
Payeethe person money is being paid to.
Payment into courtmoney paid to the court by the defendant for payment to the plaintiff.
Pedigreea table or chart recording a line of ancestors, either of persons or (more especially) of animals, i.e., a history of family succession.
Penaltyis:

  • a sum of money which has to be paid if the terms of a contract are broken; or
  • a punishment given to someone who commits a crime.
Perthrough or by. (This word is Latin.)
Perceptan order issued by legally constituted authority to a subordinate official.
Performancedoing what is required under a contract.
Perjurylying to a court after you have been sworn in.
Perpetuityforever. The law prevents property being tied up in perpetuity because it could stop owners disposing of it.
Per proon behalf of. (This term is Latin.)
Per quodin accordance with or whereby. (This term is Latin.)
Per sein itself or by itself. (This term is Latin.)
Personal guaranteea pledge, by a person to a bank, to repay a debt owed to the bank if the bank’s customer fails to pay it.
Personal injuryan injury caused to a person.
Personal propertyall property except land.
Personal representativea person who is appointed to deal with a dead person’s estate. If there is a will, the executors appointed will be the personal representatives. If there is no will, the courts will appoint someone called the administrator.
Personaltyanother word for personal property.
Personationpretending to be someone you are not.
Per stirpesdescribes property divided equally between the offspring. If a parent who is a beneficiary under a will dies and the legacy goes to the children in equal shares, the legacy has been divided per stirpes. (This term is Latin.)
Perverting the course of justicedoing something to interfere with the justice system (such as misleading the court or intimidating witnesses).
Petitiona written request made in the form of an appeal, generally before a court.
Plaintiffthe party who initiates a lawsuit against another party, company, or entity in a court of law.
Pleathe defendant’s answer to the accusations.
Plea bargainwhen the defendant pleads guilty instead of not guilty in return for a concession by the prosecution (such as dropping another charge).
Pleadto declare to the court whether you are guilty or not guilty.
Pleadingsstatements of the facts prepared by both sides in a civil case. Each side gives the other its pleadings so that they are both aware of what arguments will be used during the trial.
Pledgeletting someone take possession of goods but the ownership does not change. It is often done to give security for money owed or to make sure that something is done as promised.
Plenipotentiarysomeone who has been given complete authority to act.
Poachingtaking game from someone else’s land without permission.
Polygamybeing married to more than one person at once.
Possessto have property under your control.
Possessionhaving something under your control even though you may not own it.
Possessory titlegaining title through possession. If you have possession of something for a long time you may gain title to it even though you do not have documents to prove that it is yours.
Post-mortemthe examination of a dead body to establish the cause of death.
Power of appointmenta person giving a second person the power to dispose of the first person’s property.
Power of attorneya document which gives power to the person appointed by it to act for the person who signed the document.
Preamblean explanation of a proposed law. At the beginning of each Act of Parliament there is an explanation of what the Act is intended to achieve.
PrecedentLower courts have to follow the decisions of the higher courts. This is called precedent, binding precedent or judicial precedent.
Precepta command or order issued by a court to a subordinate official or to another court. It can also be described as a writ or warrant.
Pre-emptionthe right to buy property before others are given the chance to buy.
Preferencewhen insolvent, paying one creditor while leaving other creditors unpaid.
Preference sharesa share entitled to a fixed dividend. Holders of preference shares are treated more favourably than ordinary shareholders. The preference dividend is at a fixed rate and must be paid in full before a dividend can be paid on the ordinary shares. When the company is wound up the preference shares must be fully paid out before the ordinary shareholders can be paid.
Preferential creditora creditor who has to be paid in full before unsecured creditors can be paid anything.
Prejudicea preconceived judgement, opinion or attitude directed toward certain people based on their membership in a particular group. It is a set of attitudes, which supports, causes, or justifies discrimination.
Prima facieon the face of it, i.e., based on the first impression which is accepted as correct until proved otherwise. (This term is Latin.)
Principalis:

  • someone who authorises another person to act for them;
  • the actual person who committed a crime; or
  • an amount of money lent or invested, not including the interest.
Prisona building for the confinement of persons held while awaiting trial, persons sentenced after conviction etc.
Privilegespecial rights which some people have because of the job they do or their special status. For example, diplomats of foreign countries are immune from arrest in India.
Privity of contractonly the parties to a contract can sue each other over breaches of contract.
Probateauthority to deal with a dead person’s estate. When someone has died and left a will, the executors of the estate apply to the court for this authority.
Probate Registrya registry which deals with the forms which are needed when someone applies for probate.
ProbationIf a court convicts someone of an offence, the court may order that the offender is supervised by a probation officer for a period of at least six months but for no more than three years. This is known as probation and it is an alternative to sending the person to prison.
Pro bonofor the public good. In the legal profession, it refers to professional work that is undertaken voluntarily and without payment. (This word is Latin.)
ProcessIn law a process is:

  • a summons or writ which is used to order someone to appear in court;
  • the whole of a case from beginning to end; or
  • the total number of summonses or writs issued during a case.
Procuratora person who has been given authority to manage another person’s affairs, such as under a power of attorney.
Product liabilitythe liability of manufacturers and sellers to compensate people for unsafe goods which have caused injury to people or property.
Professiona paid occupation, especially one that involves prolonged training and a formal qualification.
Promisea firm agreement to perform an act, refrain from performance of any act, or make a payment or delivery.
Promiseea person who has been promised something.
Promisora person who has promised something.
Promissory notea written promise to pay an amount of money to someone at a given time.
Proofevidence sufficient to establish a thing as true, or to produce belief in its truth.
Propertythe name for anything which can be owned.
Pro ratain proportion. For example, if 10 items cost Rs.100 you would expect three items to cost Rs.30 if they were priced pro rata. (This term is Latin.)
Prosecutionthe name for the team of people (lawyers and so on) bringing proceedings against someone else. Also when legal proceedings are taken against someone it is called a prosecution.
Prosecutorthe person who brings legal proceedings, on behalf of the State, against the accused.
Prospectusa formal document giving details of a company’s past performance and of its plans for the future. If a public company wants people to invest in it, it prepares a prospectus.
Prostitutionselling sexual services for money.
Protected tenancya tenancy agreement for a house. It gives the tenant the right to a fair rent and protection from eviction as long as the terms and conditions of the tenancy agreement are kept to.
Protocolthe official procedure or system of rules governing affairs of state or diplomatic occasions.
Provisoa clause in a legal document which qualifies another section of the agreement.
Provocationcausing someone to lose their self-control by doing or saying something (such as threatening to harm a baby) which would cause a reasonable person to temporarily lose their self-control.
Proxya person appointed by a shareholder to go to a meeting of shareholders. The proxy can vote at the meeting for the shareholder.
Proxy forma form for shareholders by which, if it is delivered to a company at least 48 hours before the shareholders’ meeting, the person who is the proxy will be able to vote at that meeting.
Public mischiefsomething that someone does which damages the general community.
Public nuisancea crime by which the general public is put in danger or suffers damage to its health, property and so on.
Public Policywhatever a government chooses to do or even not to do.
Putative fatherthe man found by a court to be the father of an illegitimate child.
Quangoan organisation set up by the Government to do a particular activity. It is partly independent and does not form part of the Government.
Quasiapparently but not really, seemingly.
Quasi-Judiciala proceeding conducted by an administrative or executive official that is similar to a court proceeding, and a court may review a decision arising from a quasi-judicial proceeding.
Quiet enjoymentallowing a tenant to use land without interference. When a tenancy is created the landlord is expected to allow the tenant to use the land without any interference, unless the tenancy agreement allows it.
Quiet possessionusing property without interference. When property is sold the buyer should be able to use the property free from interference by the seller.
Quorumthe lowest number of qualifying people needed for a meeting to be able to make a decision.
Racial discriminationtreating someone less favourably because of their race, colour, nationality or culture.
Rack rentthe full market value rent of a property.
Rapehaving sex with a person without their permission (such as if they were asleep or unconscious) or forcing them to have sex against their will.
Realrelating to immovable property such as buildings or land.
Real estateanything in relation to land, buildings which can either be residential or commercial or may include any housing units, commercial office spaces, schools, shopping complexes etc.
Real propertyland and buildings, minerals in the land and rights over the land.
Realtyanother word for real property.
Reasonable forcenecessary force. Reasonable force is a complex issue but essentially use of some force must be necessary to defend your property or yourself and the force used must be in proportion to the threat.
Rebellionopen, organized, and armed resistance to one’s government or ruler.
Receiversomeone appointed to:

  • sell assets to raise money to repay lenders; or
  • protect property.
Receivinggaining control of stolen property.
Recognisancean undertaking, given by someone to a court, to make sure that they do what the court requires. If they do not do as the court wishes they may have to pay a sum of money.
Reconciliationrenewal of friendly relations between two persons, have been in conflict.
Recordthe documents in a court case from beginning to end.
Recoveryregaining possession of land by taking court proceedings.
Rectificationremoval of defects or imperfections. It implies prior existence of error, mistake or defect, which after rectification is made right and corrected by removal with the flaws.
Redemptionact of taking back the property after paying back the amount which was due to the creditor.
Redundancybeing dismissed from a job because it no longer exists.
Registered landany land recorded at the Land Registry. There is a system of recording and registering, at the Land Registry offices, details of land ownership and interests in land.
Registered officethe official address where documents can be served on a company. Also, the company’s registers can be inspected at the registered office.
Registrar of Companiesan official in charge of the office which keeps records of registered companies.
Reinstatementto restore to a previous effective state.
Reinsurancean insurance company insuring part of a risk it is covering. If an insurance company has taken on a large insurance contract it may decide to spread the risk of loss by insuring part of the risk with another insurance company.
Releasemeans:

  • to give up a valid claim against someone;
  • to free someone from prison; or
  • a document used to cancel a claim one person has against another.
Remainderan interest which starts when a previous interest finishes. When more than one person has been left an interest in land the first person to possess an interest will have to die before the next person can possess an interest in the land, and so on.
Remandbeing kept in prison or paying bail. If an accused person is placed on remand they are either kept in prison for a short period or have to pay bail or get someone to pay it for them. It is used for short periods before a trial starts.
Remedyusing the law to get compensation for damage done or for rights infringed. Also, a remedy can be using the law to prevent something from happening.
Renouncing probatea proposed executor refusing to act. Sometimes when a testator dies an executor will not wish to accept appointment. The executor has to tell the Probate Registry about it in writing.
Renta regular payment to the landlord by a tenant in return for being allowed to possess and use the landlord’s property.
Repealabrogation of any law. If the government repeals a law, it officially ends it, so that it is no longer valid.
Repeat offendera person who continues to commit the same offence.
Replya plaintiff’s answer to a claim. In a civil case the defendant may offer a defence to the claim, or even make a counterclaim.
Repossession or repossessa mortgagee recovering vacant possession of the property mortgaged.
RepresentationIs:

  • acting on behalf of someone else (such as a solicitor acting for a client);
  • taking someone else’s place (such as when a court gives an executor the right to deal with a dead person’s affairs); or
  • a statement in a contract.
Representative actionone or more people, in a group of people with the same grievance, taking legal action representing the group.
Reprievea judge suspending or cancelling punishment for an offence.
Repudiationto decide that an agreement is no longer effective and that you will not do what it says you must do.
Rescissionthe cancellation of a contract.
Reservation of titlea contract which leaves ownership of the goods with the seller until the goods have been paid for.
Reservesmoney set aside in accounts which can be spent in later years. Some types of reserve can only be spent if certain conditions are met.
Residence orderan order which a court issues when it has decided where a child should live, setting out details of the court’s decision.
Residuary legacywhat remains to be given out from an estate after all debts, taxes and specific legacies have been paid.
Residuewhat is left of an estate after all debts, taxes, expenses and specific legacies have been dealt with.
Res ipsa loquiturproof is not needed because the facts speak for themselves. If the defendant was in charge of events and an accident was caused on the face of it by negligence, then it may be presumed that the defendant was negligent unless there is evidence to the contrary. (This term is Latin.)
Resisting arresta person trying to prevent the police arresting him or her. A charge could be made of obstructing a police officer in the course of duty.
Resolutiona decision taken by the members of a company in a meeting.
Respondentthe person an action is being taken against.
Restitutionis:

  • an order for the return of stolen goods to the victim of the theft or for compensation to be paid to the victim; or
  • a writ, following a successful appeal, for the return of the items lost after the original case.
Restraining orderan order which a court may issue to prevent a person from doing a particular thing. For example, if someone has been harassing another person, the court may order that the harassment must stop.
Restrictionwhen placed on a piece of land the owner cannot sell or mortgage the land.
Restrictive covenanta deed which restricts how a piece of land can be used.
Retainera payment to a barrister to act in a case.
Retention of titleanother term for reservation of title.
Reversioncancellation.
Revocationcancellation.
Revoketo cancel or withdraw.
Revolving credit agreementa loan agreement under which a person can borrow again to top up the loan, as long as they do not go over their credit limit.
Right of waya legal right obliging the owner of land to allow authorised people to cross it.
Rights issuean issue of extra shares by a company. Existing shareholders can buy extra new shares in proportion to the shares they already hold. The shares are usually on sale at a lower price than the stock market price to encourage shareholders to buy. The shareholders can sell the rights if they do not wish to use them.
Riotan unlawful assembly that uses force or violence to achieve a common purpose.
Robberyusing or threatening to use force while carrying out a theft.
Sale or returnan arrangement under which goods can be kept by the potential buyer for a period while their resale is attempted. Unsold goods can be returned if the conditions of the contract have been kept to and the buyer pays for the goods used.
Salvagecompensation paid by the owners for saving ships, aircraft and property from the sea.
Sanctiona provision of a law enacting a penalty for disobedience or a reward for obedience.
Satisfactionis:

  • paying a debt;
  • settling an obligation by an act; or
  • settling an obligation by substituting something satisfactory for what was originally required.
Scheme of arrangementan agreement between a person with debts, who cannot pay them when they are due, and the creditors. The creditors share the money the debtor manages to pay in proportion to what they are each owed.
Scripa certificate showing the extra shares and fractions of shares the owner is entitled to.
Scrip dividenda dividend paid in shares instead of cash.
Scrip issuefree shares offered to the members of a company in proportion to their shareholdings.
Searcha legal process where authorized agents examine a person, place, or premises for evidence related to a crime.
Search warranta legal document authorising a police officer or other official to search a person, vehicle, or location for evidence of a crime.
Securitiesstocks, shares, debentures and so on where there is a right to receive interest or dividends from the investment.
Securitysomething of value pledged to a bank by a borrower. If the borrower fails to repay the debt, the bank can sell the security and repay the debt out of the proceeds of the sale.
Security of tenureprotection from a landlord attempting to obtain possession of the property the tenant is renting.
Seditionan offence that occurs when someone attempts to incite hatred or contempt against the government or the state or which causes discontent.
Seizuretaking possession of an item, property, or person legally or by force.
Sentencethe penalty the court imposes on someone found guilty of an offence.
Separation ordera court order that a husband and wife can live separately if they wish.
Sequestrationa court order for the seizure of someone’s property.
Servitudesa right possessed by one person to use another’s property.
Settlemeans:

  • to create a settlement;
  • to end a case by agreement; or
  • to draw up a contract and agree its terms.
Settlementwhen property is bestowed, usually by a will or a deed, on a trust for the benefit of people decided by the settlor. It also means voluntarily agreeing to settle a civil case.
Settlorthe person who gives property to a settlement.
Severalseparate (not joint).
Shadow directora person who has not been appointed a director of a company but nevertheless gives instructions to the directors, which they comply with.
Share capitalthe money invested directly in a company by its members. When the shares are first made available by the company, people can apply to buy them. The company states the price it wants for the shares.
Share certificatea document which certifies who owns shares in a Company. It gives the type and number of shares owned by the shareholder and lists the serial numbers of the shares.
Share premium accountan account in a set of books recording the extra amount over face value that shares have been issued for. If shares are issued for more than their face value, the extra amount over face value is called a share premium.
Shopliftingstealing goods from a shop.
Shorthold tenancya tenancy under which the law allows the landlord to repossess the house.
Sine dieindefinitely. If a case has been adjourned sine die no date has been set for it to be continued. (This term is Latin.)
Slandersaying something untrue about a person or doing something, such as making a gesture, which damages their reputation.
Smugglingimporting or exporting goods illegally to avoid a ban on them or to avoid the duties on them.
Sold notea note that shows details of investments which have been sold, including the sale price and any charges taken. Stockbrokers produce sold notes for their clients.
Solicitinga prostitute attempting to get clients in a street or other public place.
Solicitorsomeone who provides legal support, advice, and representation in a variety of matters such as criminal law, business law, family law, and property law to the client.
Solicitor GeneralThe Solicitor General of India (SGI) is the second-highest law officer in the country, after the Attorney General of India (AGI).
Solitary confinementconfinement of a prisoner which secludes him from the sight and communication of other prisoners, i.e., isolated from any form of human conduct.
Solus agreementa contract under which a party is bound to buy his supplies from a single source.
Solventone who has sufficient to pay his debts, and all obligations.
Special resolutiona resolution which must be approved by holders of at least 75% of the shares with voting rights. (Some types of share give their owners the right to vote at shareholder meetings, but there are other types which do not.)
Specific performancea court order to complete a contract. The courts may order a person who has failed to fulfil an obligation under a contract to complete it.
Spent convictiona conviction which, after the passage of a stated time period, does not have to be disclosed (revealed) to a court.
Squattera person who occupies land illegally.
Stakeholdera person holding money or property to which two or more persons make rival claims.
Stalkinga man following or contacting a woman, despite clear indication of disinterest by the woman, or monitoring her use of the Internet or electronic communication.
Stamp dutya tax on the transfer documents for certain types of transaction. Examples are buying shares, patent rights and properties.
Statement of claimthe claimant’s written statement setting out the claim in a civil case.
Statement of defencea defendant’s written answer or reply to a statement of claim, admitting or denying each and every fact contained in the
statement of claim at trial in opposition to the plaintiff’s case.
Statushow the law regards a person, such as whether the person is a minor or a bankrupt and so on.
Statutean act of a legislative body.
Statute bookall the existing statutes in a country.
Statute lawthe law created by acts of a legislative body.
Statute of limitationa statute which sets out the time limits within which a court action must take place.
Statutory accountscompany accounts which have been filed with the Registrar of Companies. The accounts have to disclose (show) the information required by the Companies Acts.
Statutory auditan audit required by law. Certain companies have to have their accounts audited by suitably qualified accountants.
Statutory booksbooks of account which companies must keep by law to show and explain all their transactions.
Statutory demanda formal written request from a creditor to a debtor to pay a debt within a statutory period.
Statutory instrumenta rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, or other instrument issued, made, or established.
Stay of executionthe suspension of the carrying out of a court order.
Stipulationa condition, demand, or promise in an agreement or contract.
Stockbrokera person who buys and sells stocks and shares for clients.
Street offencerefers to crimes such as vandalism, car theft and mugging that are usually committed outdoors.
Subductto withdraw.
Subject to contractan agreement which is not binding until a contract has been signed.
Sub judicedescribes something being dealt with by a court which cannot be discussed outside the court. (This term is Latin.)
Sub-leasea lease of a property by a tenant to a subtenant, a sublet.
Sub-lettingto rent to somebody else all or part of a property that you rent from the owner
Subpoenaa writ requiring the person it is addressed to to attend at a specific place (such as a court) on a specific date and at a stated time.
Subrogationsubstituting one person for another including all rights and responsibilities.
Subscribersthe people who set up a limited company.
Subsidiarya company controlled by another company. The control is normally a result of having more than 50% of the voting rights.
Successionthe right, act, or process, by which one person succeeds to the office, rank, estate, or the like, of another.
Surrogatea person or thing that takes the place of somebody/something else.
Sueto start legal proceedings in the civil court against someone.
Suffragethe right to vote, especially in a political election.
Suicidethe act of killing oneself intentionally.
Sui generisdescribes something that belongs in a particular category or is the only one of its class. (This term is Latin.)
Sui jurisdescribes someone who can enter into a contract without any restriction. (This term is Latin.)
Suitproceedings brought by one person against another in a civil court.
Summary judgementan outcome of a case decided summarily, based on the documentary evidence produced before the court by the parties, without going for a recording of the oral evidence.
Summary offencean offence that can only be tried by magistrates. Most minor offences are summary offences.
Summary proceedingsa trial by magistrates, where the defendant has the right to choose which court should hear the case, but has agreed to be tried in the magistrates’ court.
Summary triala trial by magistrates.
Summing upat the end of a trial by jury the judge explains points of law in the case to the jury, explains the jury’s role and summarises the evidence.
Summonsan order by a court that a person attend at a particular court at a stated time on a particular date.
Supervision ordera court order that a child should be supervised by a probation officer or a local authority.
Supraabove -see above or before in the document. (This word is Latin.)
Supreme Courtthe highest court in the Republic of India. It is the final court of appeal for all civil and criminal cases in India and has the power of judicial review.
Surchargea penalty charged if tax is paid late. It is also an extra charge banks make if customers do not keep to the agreements they made with the bank.
Suretysomeone who takes responsibility for someone else’s debts or promises, and guarantees that they will be paid or undertaken (done). It is also the name for the money put up as security that someone will appear in court. If they do not appear in court the money will be forfeited.
Suspended sentencea sentence that is postponed until the offender is convicted of another offence.
SWIFT paymenta payment from one bank account to another using the SWIFT system. SWIFT stands for Society for Worldwide Interbank Financial Telecommunications and it is an international system for paying by credit transfer.
Tangible assetan asset which can be physically touched.
Tangible propertyproperty that physically exists.
Taxmoney raised by the Government to pay for the services it provides and is levied on all legal entities and individuals. Legal tax entities like corporations, development bodies, an association of individuals, and non-profit organisations are required to pay their share of direct and indirect taxes. Some taxes are called indirect because they are part of the price we pay for goods and services. Other tax is called direct because the individual taxpayer pays it. Income tax and corporation tax are examples of direct taxes.
Taxable supplya term for supplying goods and services on which value added tax can be charged. This applies even if the tax rate is 0% at present, because it can be increased if the Government chooses to.
Taxationthe levying of taxes.
Taxation of coststhe process whereby the court assesses the reasonable amount of costs payable under the costs order.
Tax avoidancereducing tax bills by using legal means.
Tax evasionbreaking the law to reduce tax bills, such as by concealing income.
Tax pointthe point in time when goods have been deemed to be supplied or services have been deemed to be provided. The tax point enables us to determine the rate of tax, value, and due dates for payment of taxes.
Teeming and ladinga term used to describe attempts to hide the loss of cash received from one customer by using cash from other customers to replace it. This fraud can carry on by using cash from other customers in the same
Tenanta person or organisation granted a lease.
Tendersupplying a price for a job. If an organisation asks firms to send in tenders for supplying something, they are asking for firm written offers to do the work to an agreed standard and at a stated price.
Tenurehow a piece of land is held by the owner (for instance freehold or leasehold).
Termany of the clauses which form part of a contract.
Terraland. (This word is Latin.)
Terrorisman act that threatens the unity, integrity, security, or sovereignty of India.
Testamenta will dealing with personal property.
Testamentumanother name for a will.
Testatora person who makes a will.
Testifyto give evidence.
Testimonythe statement or declaration of a witness under oath or affirmation, usually in court.
Thefttaking someone else’s property dishonestly, with the intention of never returning it.
Threatening behaviourusing threats, abuse or insults against another person.
Timesharean arrangement where people can buy a share in part of a property for a period of time in each year. They can use their part of the accommodation each year for the period that is theirs.
Titlethe right to own something.
Title deedsthe documents which prove who owns a property and under what terms.
Tolla payment in return for being allowed to travel over a road, bridge and so on.
Tortdoing something which harms someone else. It may result in a claim for damages. (This word is Old French.)
Tortfeasorsomeone who commits a tort.
Trademarka mark which is registered at trademark registries and which is used on products produced by the owner. It is illegal for anyone else to display the mark.
Transcriptthe official record of a court case.
Transferable securitiessecurities, such as debentures, which can have their ownership changed.
Transfereethe person something is transferred to.
Transferorthe person who transfers something to someone else.
Treasonthe crime of betraying your country such as helping your country’s enemies in wartime.
Treasure troveanything of any value hidden in the soil. It belongs to the State, but the finder and the landowner may get a reward.
Treasurythe government department which administers (manages) the country’s finances.
Treasury billan unconditional promise by the Treasury to repay money it has borrowed for the short term (up to one year), to pay for government spending.
Treasury Solicitorthe person who gives legal advice to the Treasury.
Trespassinggoing on land without the owner’s permission.
Trialan examination of the evidence in a case and the law which applies.
Tribunalis:

  • a body set up to act like a court, but outside the normal court system;
  • a forum to hear disputes and with the authority to settle them;
  • a body given power by statute to discipline members of a profession who do not keep to the high standards of behaviour demanded of members of the profession; or
  • a body set up by the members of an association to police the members’ actions.
Trusta financial arrangement under which property is held by named people for someone else.
Trust corporationa company which acts as a trustee and holds a trust’s assets.
Trust deeda legal document which is used to:

  • create a trust;
  • change a trust; or
  • control a trust.
Trusteea person who holds property and looks after it on behalf of someone else.
Trustee in bankruptcya person who administers (manages) a bankrupt person’s estate and pays any available money to the creditors.
Uberrimae fideiof the utmost good faith. In certain contracts (such as insurance policies) one party must disclose (reveal) any material facts to the other party. If they are not disclosed the contract can be cancelled or become unenforceable. (This term is Latin.)
Ultra viresbeyond one’s powers. If an organisation does something ultra vires, what it has done is invalid.
Underleasethe lease of a property by a tenant of the property to someone else.
Undertakinga promise which can be enforced by law such as a promise made by one of the parties or by their counsel during legal proceedings.
Unfair contract termsa contract or the term thereof is in itself harsh, oppressive or unconscionable to one of the parties.
Unfair dismissalsacking an employee unfairly. When an employee has been dismissed it is the employer’s responsibility to prove that the dismissal was fair. If an industrial tribunal finds that the dismissal was unfair it can insist on compensation or reinstatement.
Unit trusta trust which manages investments. People can invest in unit trusts by buying units. The managers of the trust use the money people invest to buy investments. The fund manager values the fund’s assets from time to time and puts a new price on the fund’s units.
Unlawfulcontrary to law laid down in the statute.
Unlawful at Largearises when someone who is in lawful custody escapes or attempts to escape, or when individuals don’t comply with the conditions of their parole.
Unlawful woundingwounding someone without the justification of self defence or without power given by the law.
Unliquidated damagesthe amount of damages decided by a court because the parties to a contract had not agreed in advance how much the damages would be for breaking the terms of the contract.
Unreasonable behaviourbehaviour by a married person that justifies the other partner in the marriage living apart.
Unregistered companya business entity that has not completed the formal registration process and does not have legal recognition from the government.
Regentusually applied to one who governs a regency, or rules in the place of another, i.e., ruler, a governor.
Unregistered landthe legal ownership of a property is not recorded in the Registry Office of the place where the property is situated.
Unsecured creditorsomeone who has lent money without getting any security for the loan.
Uterinedescribes people who have the same mother but different fathers.
Vendeea person who buys something.
Vendora person who sells something.
Venueis:

  • the place of a crime or cause of action; or
  • place of a trial of a lawsuit.
Verdictthe jury’s decision about whether someone is guilty or not guilty of the charge; such as a finding, conclusion or judgement upon some matter or subject.
Versusagainst.
Vesting orderan order of a court, an administrative agency, or public officer passing the legal title in lieu of a legal conveyance.
Vetothe power or right vested in one branch of a government to cancel or postpone the decisions, enactments, etc., of another branch, especially the right of a president, governor, or other chief executive to reject bills passed by the legislature.
Vexatious litiganta person who regularly brings court cases which have little chance of succeeding.
Vicarious liabilitya legal principle that holds a person or entity responsible for the actions of another person or entity.
Violent disorderan offense that occurs when three or more people are present together and use or threaten unlawful violence.
Vocationa strong impulse or inclination to follow a particular activity or career.
Voidunable to be enforced by the law.
Voidableable to be cancelled in certain circumstances.
Voluntary arrangementan agreement between a debtor and the creditors. If a person or a company cannot pay their debts when they are due they can come to a voluntary arrangement with the creditors to pay the debts over a period. If the creditors agree with the proposals it avoids bankruptcy of the individual or liquidation of the company.
Voluntary manslaughterMurder and voluntary manslaughter have the same meaning in law. But there are four defences that can reduce the crime in seriousness to manslaugher:

  • Provocation;
  • Diminished responsibility;
  • Infanticide: and
  • Suicide.
Vouchera piece of paper that gives evidence of payment which can be a receipt, acquaintance or release, which may serve as evidence of payment or discharge of debt.
Ward of courta person who is protected by the High Court, such as a minor.
Warrantis:

  • a certificate which gives the person holding it the right to buy shares at a given price;
  • a magistrate’s written instruction to arrest someone; or
  • a magistrate’s written instruction to search a property.
Warrantya statement in a legal agreement that requires something to be done or exist in the contract. If the term is not complied with damages can be claimed by the injured party.
Wayleavea right of way through or over a piece of land often for a particular purpose, such as for a pipeline to go through a piece of land or for goods to be carried over it.
Willa legal document which people use to bequeath (leave as a gift) money and property when they die.
Winding updisposing of all a company’s assets and paying all its debts. Any money left is then divided among the members.
Without prejudicewhen written on a document, the document cannot be used as evidence that a contract or agreement exists.
Witnesssomeone who:

  • watches a signature being put on a document, and then signs as well to verify the signature’s authenticity; or
  • attends court to testify about events they know about.

To witness a document is to watch it being signed and then add your own signature and name, address and occupation.

Words of artwords which have a fixed meaning in law so that their use in a legal document can have only one interpretation.
Writan order issued by a court telling someone to do something or not to do something.
Writ of executiona type of writ used when a court judgement needs enforcing.
Writ of summonsa legal document that requires a person to appear in court to answer a complaint. It is one of two ways to start a civil action against someone.
Wrongful dismissalending an employee’s contract without following the contract’s terms.
Wrongful tradingcontinuing to trade while knowing that there is little prospect of the company being able to pay its debts.
Young offenderany boy who has been convicted of any offence punishable with imprisonment, and, who at the time of such conviction, was under the age of 15 years.
Zapin critical legal studies, a so-called spontaneous moment of shared intuition.
Zealous witnessa witness who displays undue favoritism towards one party in a case.
Zero hourthe time when an important action, attack, operation, etc. is planned to begin.
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Devika Panikar
δάσκαλος (dáskalos) means the teacher in Greek. Devika Panikar has been teaching English Language and Literature since 2006. She is an Assistant Professor with the Directorate of Collegiate Education under the Government of Kerala. She teaches at the Government Colleges under this directorate and is now posted at the Government Law College, Thiruvananthapuram. This website is a collection of lecture notes she prepared by referencing various sources for her students’ perusal. It has been compiled here for the sake of future generations.

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