Definitions
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Barrister | A lawyer in England who accepts cases from solicitors and presents them in court, and also acts as consultant in complex legal issues.
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Solicitor | An "office" lawyer in England who interviews clients, carries on legal aspects of business and family affairs, and prepares cases for trial.
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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.
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Adjudicate | Hear parties and deliver a decision with reasons.
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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.
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Alternative Dispute Resolution (ADR) | Using private procedures instead of the courts to resolve disputes.
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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.
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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.
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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.
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Pleadings | Documents filed by each party to an action providing information it intends to prove in court.
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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.
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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.
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Serving | Providing a copy of the issued claim to each defendant.
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Issuing | Commencing the lawsuit by filing a copy of the statement of claim with the court office.
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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.
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Res Judicata | A case that has already been decided by a court and cannot be brought before a court again.
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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.
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Plaintiff | The party that commences a private (civil) legal action against another party.
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Respondent | The party who defends on an appeal.
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Appellant | The party who petitions for an appeal.
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Equitable remedies | New remedies created by the courts of equity to address situations where money damages did not solve the problem.
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Equity | Rules developed by the courts of equity as exceptions to existing rules of common law.
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Codify | Set down and summarize in a statute the existing common law rules governing a particular area of activity.
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Subordinate legislation | Law created by administrative agencies whose authority is granted by statute in order to carry out the purposes of the legislation.
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Overrule | To declare an existing precedent no longer binding or effective.
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Stare decisis | To stand by a previous decision.
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Procedural law | Law the deals with the protection and enforcement of substantive rights and duties.
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Substantive law | The rights and duties that each person has in society.
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Case law | A collection of individual cases decided by the courts that develop and shape legal principles.
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Basic law | A constitution that is habitually obeyed by the citizens of a country and that they regard as legitimate and binding.
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Rule of law | Established legal principles that treat all persons equally and that government itself obeys.
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Private law | Law that regulates the relations between private persons and groups of private persons.
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Public law | Law that regulates the conduct of government and the relations between government and private persons.
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Interlocutory proceeding | Proceeding within a proceeding.
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Statute | A piece of legislation passed by government.
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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.
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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.
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Security interest | An interest in goods, intangible property, or personal property that secures payment of a debt or performance of an obligation.
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Unsecured creditor | A creditor who has no security interest in any of the debtors' property.
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Secured creditor | A creditor that has collateral security in the form of a prior claim against specified assets of the debtor.
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Arms length | A transaction between persons who are not related in any way.
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Bankrupt/insolvent person | A person who has made a voluntary assignment in bankruptcy or against whom a receiving order has been made.
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Limitation period | The time period within which a right of action must be pursued or it is lost forever.
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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.
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Privity | The relation which subsists between two contracting parties.
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Assignment of books debts | Security interests in the debtors' account receivables.
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Floating charge | A form of mortgage on all the assets of a corporation other than those already specifically charged.
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Chattel Mortgage | A mortgage for moveable property, not real property. (personal property)
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Collateral | Creditor having a claim on an asset of the debtor.
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Preferential share | The first $200,000 of a deceased spouses estate goes to their surviving spouse on intestacy.
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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.
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Administrator | A personal representitive of a deceased person who has not made a will.
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Abatement | A proportional reduction of the pecuniary legacies when funds or assets are not sufficient to pay them in full.
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Ademption | The extinction or withdrawal of legacy by testators' act equivalent to revocation or indicating intention to revoke.
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Per capita | Only given to those living.
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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.
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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.
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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.
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Vested | Fixed, settled, absolute. Therefore, you have rights to absolute ownership and the property is not subject to being defeated by a condition precedent.
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Life tenant | Person who possesses/holds property for the duration of their life or the life of another, the beneficiary of the life interest.
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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)
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Legacy | Disposition of property by will.
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Codicil | A document that changes, supplements, adds to, modifies, explains, alters, or revokes provisions in a will.
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Devise | Testamentary disposition of realty (real property).
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Bequest | A gift of personal property by will.
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To bequeath | To give property by will (personal property).
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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).
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Executor | Personal representitive appointed in a will, of a deceased person who dies with a will.
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Reciprocal/mutual wills | When 2 or more people make mutual provisions in a will in favour of one another.
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Will | A unilateral, revocable instrument whereby a person makes a disposition of their estate after death.
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Intestate | To die without a will.
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Testate | To die with a will.
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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.
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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)
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Testamentary trust | Trust made to take affect after one is deceased, can be included in the will.
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Trust | A right of property (real or personal) held by one party for the benefit of another.
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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.
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To "realize" assets | To sell or get money for one's assets. (convert to cash)
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Testamentary gift | A gift given after death.
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Inter vivos gifts | During life, thus a gift given prior to death.
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Intangible property | Property that is not physical in nature, can't be touched. (e.g. goodwill and intellectual property such as copyrights and trademarks)
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Tangible property | Chattels, assets that are not real property.
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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.
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20 year recital rule | A recital that is 20 years old or more, may be relied upon/no further proof required.
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Recital | A statement made in a registry instrument.
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Deposit | A document that is deposited with the Land Registry Office (LRO) to give evidence of some fact relating to title.
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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)
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2nd exception | A deed from the municipality for tax arrears is a good root of title.
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Root deed | The first deed outside the 40-year period. (root of title)
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Chain of title | A chronological listing of the owners of a parcel of land from the root deed and ending with the current owner.
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Subsearch | A less extensive search of a title for a particular purpose; looking at the 'current state' of title.
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Good and valid title/marketable title | The opinion the lawyer gives after completing the title search, when reporting to client.
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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.
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Real Property | Land, as opposed to personal property.
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