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Law

Definitions

QuestionAnswer
Barrister A lawyer in England who accepts cases from solicitors and presents them in court, and also acts as consultant in complex legal issues.
Solicitor An "office" lawyer in England who interviews clients, carries on legal aspects of business and family affairs, and prepares cases for trial.
Mediation A form of ADR where a neutral third party who is acceptable to both sides acts as mediator, assisting the parties to reach a settlement.
Adjudicate Hear parties and deliver a decision with reasons.
Arbitration A form of ADR where a dispute is referred to an arbitrator who adjudicates the matter and the parties agree to be bound by the arbitrator's decision, although there may be a right to appeal to the courts.
Alternative Dispute Resolution (ADR) Using private procedures instead of the courts to resolve disputes.
Contingent or contingency fee A fee aid for a lawyer's services only if the client is successful; there is no charge if the client is unsuccessful.
Judicare A model of legal aid in which lawyers agree to be paid according to government fee schedules for serving clients who qualify for legal aid.
Party and party costs An award that shifts some of the costs of litigation to the losing side according to a published scale of fees.
Pleadings Documents filed by each party to an action providing information it intends to prove in court.
Counterclaim A claim by the defendant arising from the same facts as the original action by the plaintiff to be tried along with that action.
Statement of defence A reply to a statement of claim, admitting facts not in dispute, denying other facts, and setting out facts in support of the defence.
Serving Providing a copy of the issued claim to each defendant.
Issuing Commencing the lawsuit by filing a copy of the statement of claim with the court office.
Settlement An out-of-court procedure by which one of the parties agrees to pay a sum of money or perform an act in return for a waiver by the other party of all rights arising from the grievance.
Res Judicata A case that has already been decided by a court and cannot be brought before a court again.
Class Action An action in which an individual represents a group of possible plaintiffs and the judgment decides the matter for all members of the class at once.
Plaintiff The party that commences a private (civil) legal action against another party.
Respondent The party who defends on an appeal.
Appellant The party who petitions for an appeal.
Equitable remedies New remedies created by the courts of equity to address situations where money damages did not solve the problem.
Equity Rules developed by the courts of equity as exceptions to existing rules of common law.
Codify Set down and summarize in a statute the existing common law rules governing a particular area of activity.
Subordinate legislation Law created by administrative agencies whose authority is granted by statute in order to carry out the purposes of the legislation.
Overrule To declare an existing precedent no longer binding or effective.
Stare decisis To stand by a previous decision.
Procedural law Law the deals with the protection and enforcement of substantive rights and duties.
Substantive law The rights and duties that each person has in society.
Case law A collection of individual cases decided by the courts that develop and shape legal principles.
Basic law A constitution that is habitually obeyed by the citizens of a country and that they regard as legitimate and binding.
Rule of law Established legal principles that treat all persons equally and that government itself obeys.
Private law Law that regulates the relations between private persons and groups of private persons.
Public law Law that regulates the conduct of government and the relations between government and private persons.
Interlocutory proceeding Proceeding within a proceeding.
Statute A piece of legislation passed by government.
Common law The case-based system of law originating in England and covering most of the English-speaking world. Based on the recorded reasons given by the courts for their decisions.
Civil law The system of law involving a comprehensive legislated code, derived from Roman law that developed in continental Europe and greatly influenced by the Code Napoleon in 1804.
Security interest An interest in goods, intangible property, or personal property that secures payment of a debt or performance of an obligation.
Unsecured creditor A creditor who has no security interest in any of the debtors' property.
Secured creditor A creditor that has collateral security in the form of a prior claim against specified assets of the debtor.
Arms length A transaction between persons who are not related in any way.
Bankrupt/insolvent person A person who has made a voluntary assignment in bankruptcy or against whom a receiving order has been made.
Limitation period The time period within which a right of action must be pursued or it is lost forever.
Holdback An amount that the owner who contracts for construction work may withhold from payments made to the principal contractor to protect against claims from subcontractors and suppliers.
Privity The relation which subsists between two contracting parties.
Assignment of books debts Security interests in the debtors' account receivables.
Floating charge A form of mortgage on all the assets of a corporation other than those already specifically charged.
Chattel Mortgage A mortgage for moveable property, not real property. (personal property)
Collateral Creditor having a claim on an asset of the debtor.
Preferential share The first $200,000 of a deceased spouses estate goes to their surviving spouse on intestacy.
Certificate of appointment of estate trustee without a will (F.K.A letters of administration) Permission from court to administer the estate of a deceased person without a will.
Administrator A personal representitive of a deceased person who has not made a will.
Abatement A proportional reduction of the pecuniary legacies when funds or assets are not sufficient to pay them in full.
Ademption The extinction or withdrawal of legacy by testators' act equivalent to revocation or indicating intention to revoke.
Per capita Only given to those living.
Per stirpes Distribution of an estate per lineal descent, therefore children take share of parents' gift if the parent dies prior to the death of the testator.
Certificate of appointment of estate trustee with will annexed Permission from court to administer the estate of a deceased person with a will but who has not appointed/or does not have an executor.
Certificate of appointment of estate trustee with a will (F.K.A letters probate) Permission from court to administer the estate of a deceased person with a will.
Vested Fixed, settled, absolute. Therefore, you have rights to absolute ownership and the property is not subject to being defeated by a condition precedent.
Life tenant Person who possesses/holds property for the duration of their life or the life of another, the beneficiary of the life interest.
Life interest An interest or claim not amounting to ownership and limited by a term of life; that term of life may be the life of whom the interest is vested or for the life of another. (per autre vie)
Legacy Disposition of property by will.
Codicil A document that changes, supplements, adds to, modifies, explains, alters, or revokes provisions in a will.
Devise Testamentary disposition of realty (real property).
Bequest A gift of personal property by will.
To bequeath To give property by will (personal property).
Beneficiary A person whom something is given in a will (beneficiaries can be of other instruments other than a will, such as a life insurance policy).
Executor Personal representitive appointed in a will, of a deceased person who dies with a will.
Reciprocal/mutual wills When 2 or more people make mutual provisions in a will in favour of one another.
Will A unilateral, revocable instrument whereby a person makes a disposition of their estate after death.
Intestate To die without a will.
Testate To die with a will.
Trustee One who oversees the property in the trust (appointed by the deceased/by law) and who executes the trust for the benefit of the cestui que trust.
Cestuie que trust A beneficiary of a trust (trusts are a gift of money granted on a conditional basis). The trustee will hold onto the estate until the cestui que trust meets the conditions. (e.g. age)
Testamentary trust Trust made to take affect after one is deceased, can be included in the will.
Trust A right of property (real or personal) held by one party for the benefit of another.
Estate Administration Deal with the collection, management, realization of the deceased assets after settlement of all proper debts and claims against the estate, distribution of the estate to those beneficially entitled.
To "realize" assets To sell or get money for one's assets. (convert to cash)
Testamentary gift A gift given after death.
Inter vivos gifts During life, thus a gift given prior to death.
Intangible property Property that is not physical in nature, can't be touched. (e.g. goodwill and intellectual property such as copyrights and trademarks)
Tangible property Chattels, assets that are not real property.
Estate All property (real and personal) belonging to a person at the time of their death. Includes both tangible and intangible property that a person has interest in.
20 year recital rule A recital that is 20 years old or more, may be relied upon/no further proof required.
Recital A statement made in a registry instrument.
Deposit A document that is deposited with the Land Registry Office (LRO) to give evidence of some fact relating to title.
Day sheets A daily list of all instruments that have been registered on all registry lands that have not yet been abstracted. (entered into abstract book)
2nd exception A deed from the municipality for tax arrears is a good root of title.
Root deed The first deed outside the 40-year period. (root of title)
Chain of title A chronological listing of the owners of a parcel of land from the root deed and ending with the current owner.
Subsearch A less extensive search of a title for a particular purpose; looking at the 'current state' of title.
Good and valid title/marketable title The opinion the lawyer gives after completing the title search, when reporting to client.
Crown Patent Government retains residual ownership in land. In order for someone to obtain private ownership rights in land, Crown must first formally convey land to an individual by way of patent/grand.
Real Property Land, as opposed to personal property.
Created by: jaimelynnblue