Legal Terms
Legal glossary providing definitions of hundreds of legal terms and latin phrases.
Ashowing legal terms beginning with A
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Legal Dictionary/Legal Terms Explained
A Coelo Usque Ad Centrum is the latin term for 'from heaven to the centre of the earth' and is a term which may be used to describe the theoretical rights of the owner of property.
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A Fortiori is the latin term for 'much more; with stronger reason'.
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A Mensa Et Thoro is the Latin term for 'from board to bed'.
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A verbis legis non est recedendum is a latin term used in law meaning 'you must not vary the words of a stutute'.
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A vibculo matrimonii is a latin term used in law and means 'from the bond of matrimony' (used in situations of divorce).
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Ab Initio is the Latin term for 'from the beginning'.
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In legal terms 'abandonment' is giving up a legal right.
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In law abatement is: - cancelling a writ or action - stopping a nuisance - reducing the payments to creditors if there is insufficient funds to pay them in full - reducing the bequests in a will in proportion if there is insufficient funds to pay...
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Abduction is taking someone away by force. Taking someone without their will.
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Abet is the act of encouraging or inciting another to do a certain thing, such as commit a crime. The perpetrator is equally liable to the same punishment as a person who aids or abets another to commit a crime.
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ABH is an assault resulting in actual bodily harm and is based on the degree of the injury. For example surface injuries such as bruises and grazes fall within the category of ABH.
Other examples of ABH are loss or breaking of teeth, temporary...
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Abovementioned is a term used to describe something which has been referred to before in the document.
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Abscond is when 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.
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In legal terms 'Absolute' means complete or unconditional.
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Absolute discharge is when someone who has been convicted of an offence is released without any penalty, although they may still have to pay compensation.
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The Absolute Owner is the sole owner of 'property' such as land, vehicles or equipment.
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An Absolute Privilege is a defence which can be used in a case of defamation if the statement from which the defamation arose was either made in Parliament, made during court proceedings, or in fair and accurate news reporting of the court...
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Abstract of Title is a term often heard when buying and selling property, and is a document drawn up by the seller summarising the title deeds to a property which is often that of a house.
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Abstracting Electricity is a criminal offence and punishment may result in a 5 year prison sentence or a hefty fine. It is the act of dishonestly using or diverting electricity, for example by unlawfully obtaining a free telephone call, reconnecting...
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Abuse of Process is when criminal proceedings are brought against a person without there being any good reason and/or with malice.
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Abuttals are the parts of the boundaries of a piece of land which make contact with pieces of land alongside.
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ACAS (Advisory Conciliation and Arbitration Service) is a statutory body established under the Employment Protection Act 1975. The functions of ACAS are now governed by parts IV and VI of the Trade Union and Labour Relations (Consolidation) Act...
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An acceleration clause is a clause in a contract stating that if a payment is missed, the remainder of the contract is due in full immediately.
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What is an Acceptable Behaviour Contract (ABC)? If an individual is found to be causing problems and displays an anti social manner in a community, police and local authorities can approach them and ask that person to sign an Acceptable Behaviour...
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In legal terms an 'acceptance' is where an offer is accepted unconditionally and a legally binding contract is created.
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Acceptance of Service is when a solicitor accepts a writ on behalf of a client.
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An Acceptor is an organisation, for example a bank, which will pay the cheque or bill of exchange it has accepted.
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Accessorius Sequitur is the Latin term for 'One who is an accessory to the crime cannot be guilty of a more serious crime than the principle offender'.
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An accessory is someone who encourages or assists another person in committing a crime.
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An accomplice is someone who assists another in committing a crime.
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Accord and satisfaction is a concept of contract law where a debt may be settled by paying less than the amount demanded in exchange for extinguishing the debt.
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In law, 'accordingly' is a word used in legal documents which means 'therefore', or 'so'.
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An account monitoring order is an order granted by the court in a confiscation investigation, money laundering investigation or civil recovery investigation. It requires a specified financial institution to provide account information on a specified...
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Accounts are the records of an organisation's income, expenditure and general financial situation.
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Accretion is the barely noticeable gradual addition to land by the slow action of water. Heavy rain, river or ocean action would have this effect by either washing up sand or soil or by a permanent retreat of the high water mark.
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Accumulation is reinvesting income generated by a fund, back into the fund.
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The Accused is the person charged - the person who has allegedly committed the offence.
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Acknowledgement is admitting that someone has a claim, or admitting that a debt exists.
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Acknowledgement of Service is when the particulars of a claim form have been issued to a defendant, and they then receive a response pack which includes a form which they must complete to acknowledge they have received the claim. The defendant then...
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Acquiescence is action or inaction which binds a person legally even though it was not intended as such. For example, action which is not intended as a direct acceptance of a contract will nevertheless stand as such as it implies recognition of the...
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Acquit is when a court lets a person go without any penalty if they decide that the person in question is not guilty, or the case has not been proved, i.e they would acquit them.
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In Criminal Law, an acquittal is the discharge of a defendant following a verdict of not guilty by a court.
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The Act of Bankruptcy is an act which could lead to bankruptcy proceedings against a person with debts, if carried out by that person.
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An Act of God is an extreme naturally occuring event that could not have been forseen, for example an earthquake or a flood.
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An Active Trust is a trust where the trustees have other responsibilites rather than to just let the beneficiaries have the trust's assets when they ask for them.
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Acts of Parliament are referred to as primary legislation. Part of the work of Parliament is to make laws which are called Acts of Parliament. Usually the House of Commons and the House of Lords both debate proposals for new laws. At this stage...
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Actual Loss is a term used in insurance which means that the insured item no longer exists.
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In insurance and pensions law an actuary is an expert on pension scheme assets and liabilities, life expectancy and probabilities for insurance purposes. They work out whether enough money is being paid into a pension scheme to pay out when it is...
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Actus Reus is the latin term for 'Guilty Act' - the offence of which the defendant is accused.
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Ad Damnum is the latin term referring to the sections of a petition that speaks to the damages that were suffered and claimed by the claimant. The ad damnum part of a petition will usually suggest an amount in pounds that the claimant asks the court...
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Ad Hominem is the latin term used to express personal criticism of a judge or his judgement and is usually made by a more senior judge.
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Ad Infinitum is the Latin term for: 'forever', 'without limit' or 'to infinity'.
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Ad Litem is the latin term for 'for the suit' - For example, a person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentally challenged person may be referred to as guardian ad litem
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Ad Valorem is a latin term which means in proportion to the value.
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An Additional Voluntary Contribution (AVC) is extra money in occupational pension schemes can contribute to increase their pension benefits.
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Ademption is when a gift in a will cannot be made because the item no longer exists.
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Where a case is Adjourned, the hearing of a case is temporarily suspended by order of the Court (maybe for a short period, e.g. to next day).
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Adjourned Sine Die is a commonly used legal term incorporating latin, and is used when a court case has no date fixed for it to continue.
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Adjournment is the postponing of the hearing of a case until a later date.
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To Adjudge, or Adjudicate, is to give an official judgement about something. An example of this is where someone is unable to pay their debts, the court may adjudge them bankrupt.
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An Adjudictaion Order is the former name for a court order which made someone bankrupt. This has now been replaced with the term bankruptcy order.
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In legal terms, Administration is a procedure under the insolvency laws of the UK. It functions as a rescue mechanism for insolvent companies and allows them to carry on running their business. This process is an alternative to liquidation. A...
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An order by a County Court directing a debtor to pay a specified monthly instalment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis
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The Administrative Court is part of the High Court. It deals with applications for judical review.
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An Administrator,  can mean many things depending on the type of work or industry.
In 'Wills and Probate', an Administrator, also referred to as an Administratrix, is the person who is officially appointed to administer the estate of someone...
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Admiralty Court, also known as the Maritime Court, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences. Admiralty jurisdiction is exercised by the High Court of England and Wales.
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Admissibilty of evidence deters which evidence can be presented in court. The evidence must be relevant to the case, but even some relevant evidence cannot be presented, such as hearsay evidence. The judge will decide whether such evidence can be...
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A party involved in a claim may admit the truth of all or part of the other party's case. This may happen at any part of the proceedings. if the defendant makes an admission, the claimant may apply for judgement on the admission.
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Admonition is the reprimanding of a defendant by a judge, even though the case agaist the defendant has been dropped.
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Adoption is the act of legally placing a child with a parent or parents other than those to whom they were born. All rights and duties become vested in the adopter or adopters as if the child was born to them in marriage.
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An Adoptive Child is a child who has been legally adopted.
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An Adoptive Parent is a person who has legally adopted a child.
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Adultery is the voluntary sexual intercourse between a married person and another person who is not his or her spouse.
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An Advance Decision, also called advance directive, or a living will, is used to indicate a patient's wish to refuse all or some forms of medical treatment if the patient loses mental capacity in the future. It cannot be used to request treatment....
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In cases before the Crown Court, the defence can request an indication from the judge of the likely maximum sentence that would be imposed should the defendant decide to plead guilty. The request can be made at any stage of the proceedings,...
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The Adversary System is deigned to bring out the truth through adversarial (conflict based) techniques, for example cross examination.
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Adverse possession is where someone intentionally occupies land to prevent the rightful owner or tenant from doing so.
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An Adverse Witness is a witness who gives evidence which damages the case of the side which they were asked to testify for.
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An Advocate is a barrister representing a party in a hearing before a Court at the request of a Solicitor. In Scotland an Advocate is a Scottish Lawyer who is the equivalent of a barrister in England & Wales.
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In Scottish Law, an Advocate Depute is an Advocate appointed by the Lord Advocate.
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Aegrotat is the latin term for 'he or she is ill'.
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A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it
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To Affirm is: to solemnly promise to tell the truth in court or in an affidavit; to confirm a decision made by a lower court; allow a contract to continue even though it could have been cancelled because it was fundamentally breached.
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Affirmation is the declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath, that the evidence he/she is giving is the truth.
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Affray is a criminal offence, and is the act of fighting unlawfully.
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In law, aforementioned describes something referred to previously in a document.
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In law, aforesaid describes something which been said or referred to previously in a document.
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The age of consent is the age when a girl can consent to having sexual intercourse. In the UK this age is 16.
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An Agent Provocateur is a person who entices another to commit an act of law that will make them bcome liable, and then proceed to inform against him in respect of such an offence.
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Aggravated assault is a more serious type of assault often leading to actual bodily harm (ABH).
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Aggravated burglary is armed burglary.
See Burglary.
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Aggravated Damages are extra damages awarded because the defendant has caused the victim anguish, loss of self respect or shame.
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Aggravated Vehicle Taking is the act of stealing a vehicle, driving it dangerously and as a result, injuring someone or damaging property.
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An Agricultural Holdng is a type of tenancy agreement for someone who is carrying out agricultural work. The tenant has speacial rights, for example when the tenancy finishes and the right to compensation for improvements to the land. However, if...
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Aiding and Abetting is the act of helping someone to commit a crime.
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Under Land, Property and Real Estate area of law, Airspace is the 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.
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An Alias is a false name, or a name someone is otherwise known as.
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An Alibi is a means of defence by an accused person, which would suggest that they could not have committed the crime in question.
Alibi is the Latin term for 'At another place or 'Elsewhere'.
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In legal terms, an Alien is someone from a foreign country.
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In Property Law, Alienation is the transferring of ownership of property from one person to another.
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Aliexi Juris is a latin term meaning "words applied to a persons who are suject to the authority of others", for example a child who is under the authority of a guardian; the child is said to be aliexi juris.
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In Scottish Law this refers to the giving of an amount of money or other finacial support from one spouse to another after seperation or divorce following a Court order. In England and Wales this is know as maintenance.
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Alimony is a term used to describe the giving of an amount of money or other finacial support from one spouse to another after seperation or divorce following a Court order. Alimony is referred to as maintenance in England and Wales and Aliment in...
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Aliunde is the Latin term for 'From elsewhere' or 'From a different source'.
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'All That' is a term used in conveyancing and is used to introduce the description of the property which is being conveyed.
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An Allegation is an unproved statement declaring that something has happened.
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An Alliance is a military treaty between two or more countries. An alliance provides for a mutually planned offensive or for assistance if any member of the alliance is subjected to an attack.
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Allocation is the process by which a judge assisgns a defended civil case to one of the three case management tracks - the small claims track, the fast track and the multi track.
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These reforms only relate to Magistrates Court in England and Wales. Abolition of Committal proceedings and allocation of either way offences in Magistrates Court The abolition of committal proceedings ends the responsibility of Magistrates to be...
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Issued to all parties after a defence has been filed. This form details all the evidence to be used as well as the required domestic arrangements for the trial
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In certain areas of law the allocation rate is the proportion of money left to be invested after charges have been taken off when money is paid into a fund, for example a pension fund. So if the charges were 5%, the alocation rate would be 95%.
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An allonge is an add-on of paper that has been attached to a contract, cheque or other important document on which to add a signature because there is no room left on the main document.
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In legal terms, allotment are shares 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.
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Seen in Company and Business Law, an Alternate Director is a person appointed by a director to take the director's place.
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These are systems such as arbitration and mediation which are designed to allow parties to find a resolution to their problem without legal action.
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An Alternative Verdict is when a person may be found guilty of a less serious crime than the one they were initially charged with. If a more serious crime cannot be proved, then they may be found guilty of a less serious crime. An Alternative...
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Amalgamation is the merging together of two things to form one. For example, the amalgamation of two companies to form one company.
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An Ambassador is an individual who has been officially chosen by their own country to live in another country in order to legally represent it.
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In law, an example of ambiguity is when a statement's meaning is not clear because it is capable of more than one meaning - it therefore contains an ambiguity.
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In law terms if something is abulatory it is something not 'set in stone', such as an ambulatory will.
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An Ambulatory Will is a will which can be revoked or changed while the person who made it is still alive.
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In legal or law documents, amend is the term used when the wording of a written document is changed or revised.
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Amicus Curiae is the Latin term for 'A friend of the Court'.
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Amity means friendship / friendly relations and is derived from the French word Amitie and the Latin term Amicus which means friend.
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This is an amount of money offered by a defendant to pay a debt or to settle a claim, for example a personal injury claim.
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In Planning Law, Ancients Lights is the right NOT to have the light you receive from a Neighbour's land blocked. It is a right to light.
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Ancillary Relief are additional claims that a court can make in a divorce: regular maintenance, a lump sum, or a transfer of property.
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Annual Accounts are a summary of a company or 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.
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An Annual general meeting, or AGM, is the yearly meeting of the members of an organisation which is held to meet legal obligations. The annual accounts will be presented for approval at this meeting.
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An Annual Return is a return which must be sent by companies to the Registrar of Companies. It includes details of the company such as shares issued and members amongst other information. The return is sent to Companies House for filing and is...
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An Annuitant is the person who gets paid an annuity.
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Most commonly in Insurance Law and Investment Services, an Annuity is an amount paid out every year to someone, and is often from an insurance policy. The amount can also be split into smaller amounts and be paid more frequently.
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Annulment is a legal procedure for declaring a marriage null and void, therefore a marriage can be dissolved in a legal proceeding and declared void, as though it never took place.
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Antecedents are the life history and previous convictions of a defendent in a criminal case. This information is given to the court before the sentence is given.
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An Antenuptial Agreement, also known as a Prenuptial Agreement or a Pre Marital Agreement, is a 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...
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What is an Anti-Social Behaviour Order (ASBO)? Anyone over the age of 10 behaving in an anti social manner can be given an Anti-Social Behaviour Order (ASBO) Anti-social Behaviour can include:
drunken or threatening behaviour
vandalism...
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An Anton Piller Order is an order by the High Court, and is now known as a Search Order. It gives the applicant permission to search the defendant's premises for evidence, inspect it and take it away. This is so evidence which is relevant to the...
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An Appeal is a request to a higher Court or other body to review the decision made by a lower Court or tribunal. The higher court may reject the lower courts request.
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An Appellant is the person who appeals to the highter court against a decision made by a lower court. See Appeal.
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Appellate Jurisdiction is the authority a court has to hear an appeal against a decision made by a lower court.
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Person making the request or demand, e.g. person who issues an application
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The act of applying to a Court, for example to start proceedings.
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The Appointee is the person who gets the benefit of the use of a power of appointment.
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An Appointer is the person who uses a power of appointment.
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Valuation of goods seized under warrant of execution prior to sale
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The role of an Appropriate Adult is to attend Police stations when unaccompanied young persons aged below 17 are arrested, who would otherwise have no adult representation. The Appropriate Adult’s role is to support the young person whilst in...
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Appurtenances are minor rights in land, for example the right to do something on the land.
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Arbitrage is the act of borrowing money at a low rate of interest in order to lend it out again at a higher rate, or buying and selling in different markets in order to make a profit out of the difference in price. In simple terms Arbitrage is to...
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Arbitration is a form of alternative dispute resolution and is a legal technique for the resolution of disputes outside the courts. The hearing and determination of a dispute is done so by an impartial referee agreed upon by both parties.Â
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The Arbitrator is the independent referee who settles a dispute without the need to go through the courts. See Arbitration.
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Arbitratorment is the decision of an Arbitrator in arbitration.
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Arraignment is a procedure at the beginning of a trial, when details of the offences are read out and the defendants are asked whether they will plead guilty or not guilty.
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An arrangement fee is a fee charged by lenders (Banks / Building Societies) to cover the cost of setting up a mortgage. The average arrangement fee for residential mortgages may be in the region of £1000. This can be checked with the mortgage...
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Arrears are payments that have not been made on or by their due date, therefore as time goes by and the debt is not paid, arrears accumulate. For example, if you fail to make your mortgage payments you will be in arrears.
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Arrest is the seizing of an individual who is believed to have committed a criminal offence and detaining them in custody by lawful authority.
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An Arrestable Offence is a crime where a person may be arrested without the need for warrant being issued.
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Arson is a criminal offence and is the act of setting fire to something so to cause damage to it.
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Arteriosclerosis is a medical condition sometimes used in the defence of insanity. It is a chronic disease in which thickening, hardening and loss of elasticity of arterial walls result in impaired blood circulation, affecting blood circulation to...
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Articles of Association are documents which set out a company's rules. See also Memorandum of Association.
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Assault is a hostile act causing another individual to fear an attack. Words cannot amount to assault, however someone may threaten another using threatening gestures, without actually touching them and this may be determined as assault. Common...
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In law, an Assent is a document used by a personal representaive to transfer property to a beneficiary.
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In Scottish Law, in certain cases the Secretary of State may appoint a suitably qualified assessor to sit with the Reporter during the inquiry and to advise them on specified matters, for example where complex and technical issues are to be...
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An Asset is something owned, for example a property, vehicle or it may be money in a bank account.
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To Assign something, you legally transfer it, for example when ownership of a property is transferred from one person to another.
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Assignment is the formal transfer to the rights to something. For example, a person may assign their bank the right to receive the benefits from an insurance policy to allow the bank security for a loan.
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A party to legal proceedings who is receiving legal aid
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Assizes are one of the periodic court sessions that used to be held in England and Wales (seperately) for trials of civil or criminal cases.
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Legal Dictionary/Legal Terms Explained
Associative discrimination is discrimination against someone because they associate with another person who possesses a protected characteristic.
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Legal Dictionary/Legal Terms Explained
Prior to 1875, an assumpsit was an agreement or action to recover damages for breach of a contract that was not under seal.
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Legal Dictionary/Legal Terms Explained
Assurance is insurance cover for something that will definitely happen such as death.
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Legal Dictionary/Legal Terms Explained
Assure is to transfer the ownership of something.
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Legal Dictionary/Legal Terms Explained
The Assured is the person whose life is insured or who is to receive the benefit from the assurance policy.
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Legal Dictionary/Legal Terms Explained
Assured Shorthold Tenancy is a type of tenancy agreement under which the landlord has the right to take the property back at the end of the tenancy agreement.
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Legal Dictionary/Legal Terms Explained
Assured Tenancy is a form of residential tenancy in England and Wales, defined by the Housing Act 1996, that grants a degree of security of tenure to the tenant.
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Legal Dictionary/Legal Terms Explained
Attachment or earnings is a court order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court. The employer pays the money collected to the court, and the court...
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Legal Dictionary/Legal Terms Explained
The term attainder stems from medieval times where a person would be attained; the extinction of civil rights took place when judgement of death was recorded against a person who had committed treason, and involved the forfeiture and...
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Legal Dictionary/Legal Terms Explained
To Attest is to sign to witness a signature on a document.
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Legal Dictionary/Legal Terms Explained
Attorn is to consent to a transfer of right. A good example of this is in landlord and tenant law. A tenant may agree to reside in a leased property after the property is sold to a new landlord, therefore remains in the property under a new...
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Legal Dictionary/Legal Terms Explained
An Attorney is a person appointed to act for another person, if for example they are unable to look after their own affairs. A Formal Document called a power of attorney is used to appoint the attorney. In the United States of America, Attorney is...
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Legal Dictionary/Legal Terms Explained
The Attorney General, is the main legal advisor to the government, and may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. This person must be a Member of Parliament or have a seat in the...
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Legal Dictionary/Legal Terms Explained
Audi alteram partem is a latin phrase and is a principle of natural justice which disallows a judicial decision which impacts on a persons rights without giving all parties involved a right to be heard. Habeas corpus was an early expression of the...
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Legal Dictionary/Legal Terms Explained
An Audit is an independent examiniation of a company or organisation's records and financials to ensure that they show a fair reflection of their financial position, that the income and expenditure is shown correctly, that any legal conditions are...
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Legal Dictionary/Legal Terms Explained
The Auditor's report is a report and opinion on a company or organisation's financial records, and is carried out by an independent person following an audit.
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Legal Dictionary/Legal Terms Explained
In Trust Law, Authorised Investments are investments in which a trustee is peritted to invest trust money under an Act of Parliament.
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Legal Dictionary/Legal Terms Explained
Authorised Share Capital is the highest amount of share capital that a company can issue. The amount is set out in the company's memorandum of association.
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Legal Dictionary/Legal Terms Explained
An Automatic Transfer occurs where providing a number of criteria are met, proceedings must be transfered automatically to the court which is nearest to the defendents home.
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Legal Dictionary/Legal Terms Explained
An Autopsy is an examination of a deceased person's body in order to find the cause of death.
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Legal Dictionary/Legal Terms Explained
Autrfois acquit is a french term sometimes used in UK Criminal Law and simply means previously aquitted. Therefore used as a defence that the accused has already been acquitted so cannot be tried again. The same principle as double jeopardy.
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Legal Dictionary/Legal Terms Explained
Avizandum is a latin term used in Scots law and means 'to be considered'.
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Legal Dictionary/Legal Terms Explained
Avulsion is land build up caused by errosion, or the addition of the land caused by an unexpected change on river stream such as a flash flood.
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Legal Dictionary/Legal Terms Explained
Avunculus is a latin term meaning 'a mothers brother', or the latin term avuncular refers to them as an uncle.
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Legal Dictionary/Legal Terms Explained
Result of an arbitration hearing or the amount of damages assessed by a Court
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Legal Terms
