Word

Meaning

abatement

a reduction, allowance or rebate.

abduct

To take by force (usually a person)

abet

encourage or incite another (to do proscribed act)

abrogate

to repeal, cancel, or annul.

abrogation

to default on an obligation or nullify a declared intent

acceleration

agreed remedy without recourse to court - usually for contract default

accord

settlement agreement (usually on lesser terms)

act of God

an accident or event that happens independently of human intervention and due to natural causes.

acte clair

Established interpretation beyond question (French / EU law)

addemption

no substitute available for bequeathed property not part of estate

administrative law

Natural justice by commission tribunal or non-confrontational court process

adverse possession

without title usually called 'squatters rights'

Aetiology

See Etiology

affidavit

a written, sworn statement of evidence 'in all faith'.

Affidavit

Best faith (affirmed to be true) statement

agent

authorised to act for principal

aggravated damages

additional damages as compensation for the defendant's objectionable behaviour.

alienate

to give or sell without reserve

allonge

attachment forming part of a document

alternative dispute resolution

any method of resolving disputes other than trial

ambulatory

capable of being amended

amend

to change or revise (usually a document)

angyld

Surety paid to court to prevent false accusation (Dooms of Alfred)

annul

to make as nothing as if it never was (void)

Anthropometry

attempt to adduce character traits by measuring the human body. (Lombroso)

Anton Piller injunction

Now: 'search order' to secure evidence from removal abroad or destruction

apportion

divide into parts or portions

appurtenance

separate but connected (e.g. a right of way over land)

arraign

Bring to the bar of the court (on indictment)

arraign

notify accused of charges

arrears

debt overdue for payment

assignment

transfer responsibility (e.g. to agent)

Atavism

contra-evolutionary “throwbacks" presumes some are "born criminals" (Lombroso) Celerity

attourn

transfer of right (e.g. power of attorney)

automatism

a state of mind in whicha person is unable to control their actions.

autrefois acquit

case already decided in defendant's favour - no retrial allowed

bail

temporary transfer of responsibility usually person in custody or valuable possession on loan

base rate

Bank of England rate used as the basis for other banks' rates.

beofas

Saxon band (less than seven usually thieves)

bequeath

give personal property by will.

Berne convention

Copyright treaty of 1886

bigamy

marriage to multiple spouses

bill of exchange

promise to pay (receipt implying future payment)

bill of lading

confirmation of goods loaded for transportation (receipt)

Black-Scholes

Share option valuation formula C =SN(d1)-Ke [-rt] N(d2) See: www.nag.com

block exemption

an exception granted to certain categories of agreement that would otherwise contravene art 85 treaty of Rome.

bot

Saxon counter vendetta monetary compensation or penalty

breach

break - usually failure of contract

breach

the invasion of a right, orthe violation of or omission to perform a legal duty.

buggery

abominable heresy - now synonymous with sodomy

burhbryce

Senior churchman (Dooms of Alfred wit 120 shillings but only 90 shillings for an archbishop)

canon

Church law rule (Islamic: secular law rule)

capital

of the head (total wealth or life of a person or entity)

capital punishment

to punish by death (execution)

causation

the relation of cause and effect.

ceorl

Bondsman or unpaid labourer (Dooms of Alfred) see eorl

Certainty

Punishment must be predicated on type and gravity of crime (Beccaria) Constitutional Theories

champerty

person paying for law suit of another (can be liable in costs)

Charity

any institution which is established for charitable purposes.

chaste

one who has never voluntarily engaged in extra marital sex

chattel

property not attached to land (personalty)

chose in action

real possessions but lent, let or rented to another

chose in action

a right of proceeding ina court of law to procure the payment of money.

Circumcision

Surgical removal of male fore-skin of penis

citation

court order e.g. arrest warrant or bailiff instruction

Classical School

Presumption that western conventional monotheistic model of human behaviour is true

codicil

amendment or attachment to will

collateral agreement

an agreement which is independent of, but subordinate to,an agreement affecting the same subject matter.

collateral property

property linked to debt or obligation (may be forfeit)

common

Persons treated as individual proprietors 'pro rata'

consideration

payment or compensation

consign

to give another responsibility of care

construction

to interpret an idea or develop a resource

constructive trust

a trust raised by equity without reference to the parties intentions.

contingency

outcome (contingency fee - success determines cost)

contingent

that which awaits or depends upon an event happening.

contribution

a right to recover from a third person money which a party is liable to pay.

Control Theory

assumes people desires motivated by power & control (Nietzsche)

conversion

to change goods into money or other property

coparcenary

presumption that eldest son would inherit

corporal punishment

to inflict physical pain on another person's body

corporate

pertaining to a body (usually an organisation)

corporeal

Tangible (body)

Correlates

actions or effects in one part of a society or system have an effect on the whole

counterclaim

a claim brought by a defendant in response to a prime claim.

covenant

an agreement creatingan obligation contained in a deed without benefit to the donor of value.

Critical Conflict

Idea that social groups in contention or alienated individuals cause disorder & progress

cross-examination

Questioning of a witness by a party other than the calling party

custody

to have responsibility for care of person or thing

cy-pres

as near as can be - court tries to meet legal intent of donor

damages

a sum of money awarded by the court as compensation to the claimant.

decree nisi

provisional divorce document (before decree absolute)

deed

any writing indicating intent of parties is settled

deem

decision as to validity of document or statement

defalcation

settlement on lesser terms (see accord and novation)

defeasance

defeated at law (e.g. immoral or illegal contract terms)

defence of tender before claim

The defendant unconditionally offered to the claimant the amount due to satisfy the claim.

delegated legislation

legislation made by some person or body under authority given to them by an act of parliament.

demarche

Warning to desist - step back

demurrer

plea to court that claim has no merit or no reasonable remedy

deodand

a chattel given to God (i.e. crime instrument confiscated by State)

derogate

to destroy, prejudice, or evade a right or obligation.

Deterrence

a strategy of punishment associated with the Classical School.

detinue

demand for return of possession

devise

transfer property by will

diminished responsibility

a defence to a charge of murder that a person was suffering from such abnormality of mind as substantially impaired his mental responsibility for the killing.

disbursement

miscellaneous expenses paid out of pocket (usually by a lawyer)

disrate

demotion of a seaman to lower rank

distaff

Female line

duress

unlawful pressure to perform an act.

easement

a right enjoyed by an owner ofa land over land of another.

enactment

an act of parliament or part of it.

eorl

Serf or paid labourer (Dooms of Alfred) See ceorl

Epistemology

theories of the nature of knowledge. Often how individuals perceive "truth," Extrinsic

equity

fairness or natural justice.

equity of redemption

the equitable right of the mortgagor to redeem the mortgage property after the legal right to redeem has been lost.

escheat

Reversion of property to original owner by forfeiture (esp. Land to Crown)

escrow

Money or thing held on trust by intermediary pending explicit conditions

esculent

an edible or comestible substance

estoppel

Preventative remedy

Etiology

The study of the causes or origins of behaviour. (alt. AETIOLOGY)

evidence in chief

The main evidence given by a witness for the party who called him.

execute

Carry out according to law (e.g. to sign a will formally, to kill offender following death sentence of the court etc.)

exemplary damages

additional damages which show the court's disapproval of the defendant's behaviour.

fair comment

impartial observation or reasonable criticism.

fee simple

a freehold right in land which is inheritable by any type of heir.

feme covert

Married woman

fiduciary

a person who holdsa position of trust in relation to another and who must therefore act for that person's benefit.

fixed term

a tenancy or lease fora fixed period.

folces gemote

popular court of law (Dooms of Alfred - not kings court. See Healla)

force majeure

coercion or irresistible impulse

fraud

the obtaining of a material advantage by unfair or wrongful means.

Free Will

presumes people can calculate and choose their course of action (Beccaria & classical school)

freedom from encumbrance

property free from any binding rights.

frustration

under this doctrine a contract can be discharged if events take place which make its execution impossible.

gafolgeldan

Saxon Rent payer worth 30 shillings

garnishee

Interception of funds to effect redress

gebures

Saxon peasant (worth 6 shillings)

geneat

Saxon Kings messenger (worth 30 shillings)

gewrit oððe gewitnes

Evidence of land tenure - oral or written (Dooms of Alfred)

gift

a grant or transfer of property not made for monetary consideration.

gross negligence

a high degree of negligence.

guarantor

the person who binds himself by the guarantee.

Healle

Kings court of judgement (Dooms of Alfred. See also folces gemote)

Hedonism

presumes people only act according to what they find pleasurable self-interest.

hengenne

Secured (in stocks or prison (Dooms of Alfred)

here

Saxon Army (more than 35 people, usually criminal mobsters)

herediments

Capable of being inherited or transmitted

hloð

Saxon raiding party of 8 - 35 men - usually criminal gang)

horizontal agreements

agreements between parties operating on the same level of trade.

Implied term

a term ina contract which is not expressly stated but which the courts are willing, or required by statute, to imply.

Incapacitation

strategy to institutionalize or imprison incurable criminals

inchoate

beginning - incomplete (e.g. attempted crime or conspiracy)

incitement

encouragement or persuasion to commit a crime.

incorporeal herediments

Intangible rights in succession such as easements, rights of way &c

indemnify

to make good a loss which one person has suffered as a consequence of the act of another.

indictment

Written statement of accusation - demands answer in person

indigent

So impoverished as to lack means of sustenance

Infringement

interference with, or violation of, the right of another.

injunction

a court order prohibiting or requiring a person to do something.

Instrumental

actions done to accomplish a greater consequence or end.

Inter-

Connections between different people or discrete entities

interlocutory

Now: to be decided CPR Part 6 i.e. During process (between writ and judgement)

Intra-

Internal connections between members of an organisation or components of a system

joint

Partners treated as one single personality

joint liability

Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.

joint tenancy

a state of concurrent ownership by two or more persons who are treated asa single unit.

judicial review

system for the exercise of the high court of its supervisory jurisdiction over lower courts, public bodies and tribunals.

Jurisdiction

Where law pronouncement is effective (e.g. England & Wales)

jurisprudence

The science or theory of law especially one area such as medicine or employment

Labelling

People presumed to live up to society’s expectations of them

laches

Limitation - unreasonable delay

leading case

a judicial decision or precedent.

lease

a grant of the exclusive possession of property to last for a term of years, or a periodic tenancy, usually for rent.

legal certainty

a general principle followed by the European court of justice embracing respect for vested rights and the recognition of legitimate expectation.

lessee

one to whom a lease is granted.

lessor

one who grants a lease.

liability

subjection to a legal obligation.

licence

certificate or warrant indicating holder is licensed (c=certificate s=sanction)

license

an authority to do something which would otherwise be unlawful e.g. To enter land when it would otherwise be trespass. (c=certificate s=sanction)

licensee

one to whom a licence is granted.

lien

Possession held against due payment

limitation period

The period allowed by law within which a person who has a right to claim must start court proceedings

liquidated

Now: specified amount [of claim] CPR Part 7

list

Court administration - lists may be topic & have different procedures

Macro-

involving many people in a society or entities in a system

maintenance

the supply ofthe necessaries of life for a person.

malfeasance

the doing of an unlawful act.

malice

ill will or evil motive.

medical

Now: Clinical CPR Part 26

mesne

middle (pronounced: me'ny)

messuage

Dwelling & Curtilage

Micro-

involving a small or simple element connected to an individual or small group but affecting the larger society or system to of which the affected person or component is part.

minor

a person under 18 years old, now called child or children in law.

misrepresentation

a representation which is untrue;a statement or conduct which conveys the false or wrong impression.

mixed funds

a fund consisting of the proceeds of both real and personal property.

monopoly

a licence allowed by the sovereign for the sole buying and selling, making, using or working of anything.

mortgage

a transfer ofa legal estate or interest in land for the purpose of securing the repayment ofa debt.

mortgagee

the lender ofthe mortgage debt (finance provider).

mortgagor

the person who mortgages his property as security forthe mortgage debt

nuisance

an inconvenience materially interfering with the ordinary comfort physically of human existence, not merely according to elegant or dainty modes of living, but according to plain and sober, simple notions among the English people. Walter v. Selfe.

obligee

one to whom a bond is made.

obligor

one who binds himself with a bond.

offer

a promise which when accepted constitutes an agreement.

official copy

a copy of an official document supplied by the originator.

onerous

where the obligations attaching to the ownership counterbalance or exceed the advantages.

Opportunity Theory

assumes people make the best they can of what they can get (see Aetiology)

parole

Oral contract

passing off

the pretence by one person that his goods or business are those of another.

periodic tenancy

a right to occupy fora period which automatically repeats itself as each period terminates.

personalty

personal property.

personalty - chattels real

Land Title in law (including leasehold & freehold)

personalty - choses in action

Intangible assets (debts, stocks, shares, copyrights &c)

personalty - choses in possession

Tangible possessions (chattels, fittings, 'bag and baggage')

plaintiff

Now: Claimant CPR part 7

pleadings

Now: Statement of case CPR Part 16

Positivism

assumption that evolutionary & scientific explanation for all human behaviour

Positivist School

assumption that human behaviour stems from physical caused (Lombroso & Sheldon)

practice form

The 'official' form specified by a practice direction.

pre-action protocol

preliminary work required by a practice direction prior to issue of claim

precedent

a judgement or decision ofa court of law cited as an authority for decidinga similar set of facts.

preliminary ruling

the reference of a question of community law by a court of a member state to the CCJ or ECHR

prescription

the acquisition of a right by reason of lapse of time.

privilege

a right, immunity, or exemption belonging toa person by virtue of his status or office.

privilege

The right of a party to refuse to disclose legally defined 'sensitive' information.

privity

the relationship that exists between parties to a transaction.

procrustean

Shorten or lengthen to fit (Bed of the mythical Procrustes)

profit a prendre

Right to take from land (e.g. firewood)

prophylactic

Guard against

Proportionality

Idea that the severity of punishments correspond to the severity of the harm done by the crime, so that more serious crimes receive more serious punishments, and (2) that the type of punishment resembles the crime (Beccaria)

provocation

words or conduct which are sufficient to prevent the exercise of reason and which would temporarily deprive a reasonable person of his self control.

public nuisance

an unlawful act or omission to perform a legal duty, which obstructs or causes damages to the public in exercising their rights.

puisine

Born out of e.g. inferior rank Also: not secured by deed (pronounced: Pu'ny)

pur autre vie

during the lifetime of another (land estate pre 1925)

quasi

like but not authentic (quasi legal - a practical but not an official agreement)

quiet enjoyment

the right of a grantee of property to enter and remain in enjoyment free from lawful interruption.

real property

Territory or land within a (Royal) state which may be given in freehold.

realty

Land (Réal/Royal) and fixtures thereto 'in rem' (in themselves, not chose in action q.v.)

rebut

to disprove something.

Reciprocal

Something exchanged, given, or owed between two or more individuals.

Reciprocal Obligation

The basis of the social contract according to The Classical School. Rehabilitation

rectification

Remedy for common mistake or unilateral mistake

redemption

The repayment of a mortgage debt, whereupon the lease securing the mortgage terminates on the mortgagee signing a receipt on the mortgage deed.

refouler

return person [usually alien] to another state by extradition or expulsion

regulated tenancy

a protected tenancy or statutory tenancy which is nota controlled tenancy.

remedy

the means whereby breach of a right is prevented or redress is given.

remoteness of damage

loss which results from the defendant's wrongdoing but not sufficiently directly and is therefore irrecoverable by the claimant.

replevin

Recovery payment (to bailiff or sheriff) for seized goods

rescission

Contract set aside - parties restored to pre-contract status (see abrogation or revocation)

restraint of trade

contractual interference with individual liberty of action in trading, which is void as a matter of public policy.

resulting trust

an implied trust where the interest in property reverts to the person who transferred the property.

Retribution

A justification for punishment based on public revenge

revocation

recalling, revoking or cancelling.

riparian

River bank

scir

Saxon administrative district or shire

seal

an official stamp or mark to indicate that the document has been issued by the court.

security of tenure

a statutory right ofa tenant to continue in occupation after the contractual term has expired.

service

action specified as necessary to bring information to a person's attention.

servient tenement

a tenement subject to an easement or servitude.

set aside

Court cancels a judgment or order of the court

several liability

all of the liability is joint (not proportional or pro-rata).

Severity

Idea that punishments ought to yield pain commensurate to effect of crime (Beccaria)

shorthold tenancy

a tenancy ofa residence under which the landlord has the mandatory ground for obtaining possession that it isa shorthold tenancy.

Social Contract

Idea that government is created by its citizens for certain shared and common ends.

solvent

in the position to pay one's debts.

somatotype

general human physique types (Sheldon)

Somatotyping

The derivation of behavioural types from particular forms of the body. Sheldon & Glueck).

sovereignty

the supreme authority in an independent political society.

specie

Coin - intrinsic or market value cash or currency - see fiat

specific performance

where damages are insufficient the contractor may be compelled to perform what he has agreed to do by the doctrine of specific performance.

states paid

Now: Amount claimed has been paid CPR part 15

stay

a temporary halt on proceedings (or permanent if 'sine die')

Stigmata

physical marks and characteristics that suggest an individual is abnormal. Utilitarianism

Strain Theory

See critical conflict & labelling (Nietzsche)

strict liability

liability without fault.

strike out

Written material ordered to be deleted so that it may no longer be relied upon.

subrogation

the substitution of one thing or person for another.

surety

a person who binds himself to satisfy the obligation of another if he fails to do so.a guarantor.

taxation

Now: Assessment of costs [by a court] CPR Part 47

tenant

a person who holds possession in land, see lease.

tenure

tenure denotes the type of holding of land.

terminer

Settlement

testament

a will of personal property.

testate

having made a will.

testator

one who makes a will.

tort

a wrong.

tortfeasor

one who commits a tort.

tortuous

wrongful - capable or legal remedy but not of itself crime

tracing

the equitable right of beneficiaries to follow assets to which they are entitled intothe hands of those who hold them.

traité cadre

Framework treaty (EEC Treaty)

travaux préparatoires

Law/Royal Commission working papers (to find 'mischief')

trust

a relation or association between one person and another based on confidence by which property is vested in the one person on behalf of and for the benefit of another.

trustee

a person who holds property on tryst for another.

vested

an estate is vested in possession if it gives a present right to the immediate possession of the property; an estate which gives the future right to possession is vested in interest.

vicarious liability

liability which falls on one person as a result or an action of another.

void

of no legal effect, a nullity.

voidable

an agreement which one of the parties to it has the right to rescind and until that happens has full legal effect.

wer

Saxon monetary value (worth) of a man according to status

wit

Saxon monetary assessment or judgement of a man's 'swearing worth'

Witan

Saxon Statesman (if killed, “worth” 60 shillings to family plus 60 shillings fine to king)

without prejudice

The circumstances and content of private negotiations (e.g. settlement) that the court will not consider.

writ

Now: [Written] 'Statement of Claim' CPR Part 7- demands acknowledgement