This page is a glossary of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
.
A
*
A fortiori
''Argumentum a fortiori'' (literally "argument from the stronger eason) (, ) is a form of argumentation that draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be implicit in, and even more cer ...
. By a stronger reason. A term used in logic to denote an argument to the effect that because one ascertained fact exists, therefore another, which is included in it, and which is less improbable, unusual, or surprising, must also exist.
[Howell. Glossary of Legal Terms and Phrases. 1910]
p 1
*
A mensa et thoro. From bed and board. Descriptive of a limited divorce or separation by judicial sentence.
[
*A quo: from which. The Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem.
*A vinculo matrimonii. (Lat. from the bond of matrimony) A term descriptive of a kind of ]divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, which effects a complete dissolution of the marriage contract.[
* Abactor. ''l''. A cattle-stealer.][Stimson. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. 1881]
p 2
* Abandonment. Desertion; surrender; relinquishment of property; as when an insured person makes over his rights in the goods to the insurer.[
*Abarnare. ''l''. To detect or disclose a crime.][
* Accessary. In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offence, becomes guilty of such offence, not as a chief actor, but as a participator, as by command, advice, instigation or concealment; either before or after the fact or commission; a ''particeps criminis''.][
*Account. A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of contracts or some fiduciary relation.][
* Act of God. Under the term "act of God" are comprehended all misfortunes and accidents arising from inevitable necessity, which human prudence could not foresee or prevent.][
*]Ad valorem
An ''ad valorem'' tax (Latin for "according to value") is a tax whose amount is based on the value of a transaction or of property. It is typically imposed at the time of a transaction, as in the case of a sales tax or value-added tax (VAT). An ...
. According to value. Duties are either ''ad valorem'' or ''specific''; the former when the duty is laid in the form of a percentage on the value of the property; the latter when it is imposed as a fixed sum on each article of a class without regard to its value.
*Arbitrio boni viri. By or according to the decision or the award of an honest, conscientious man. v. Lex non exacte, etc.
B
*Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countrie ...
. In practice. The sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated. Those persons who become sureties for the appearance of the defendant in court.
C
*Canon
Canon or Canons may refer to:
Arts and entertainment
* Canon (fiction), the conceptual material accepted as official in a fictional universe by its fan base
* Literary canon, an accepted body of works considered as high culture
** Western ca ...
. A law, rule, or ordinance in general, and of the church in particular. An ecclesiastical law or statute.
D
*Damage feasant or faisant. Doing damage. A term applied to a person's cattle or beasts found upon another's land, doing damage by treading down the grass, grain, etc.
E
*Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disp ...
. At common law, this was the name of a mixed action (springing from the earlier personal action of ''ejectione firmae'') which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a purely fictitious person, as lessee in a supposed lease from the real party in interest. The latter's title, however, must be established in order to warrant a recovery, and the establishment of such title, though nominally a mere incident, is in reality the object of the action. Hence this convenient form of suit came to be adopted as the usual method of trying titles to land.
F
*Fabricated evidence. Evidence manufactured or arranged after the fact, and either wholly false or else warped and discoloured by artifice and contrivance with a deceitful intent.
G
*General occupant. At common law where a man was tenant ''pur autre vie'', or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation during the life of ''cestui que vie'', or him by whose life it was holden, he that could first enter on the land might lawfully retain the possession, so long as ''cestui que vie'' lived, by right of occupancy, and was hence termed a "general" or "common occupant".
H
*Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmiss ...
. A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others.[Howell. Glossary of Legal Terms and Phrases. 1910. p 24.]
I
*Identity. In the law of evidence. Sameness; the fact that a subject, person, or thing before a court is ''the same'' as it is represented, claimed, or charged to be.[
*In casu. In this case.
]
J
*Joinder
In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and occurs if the issues or parties involved overlap sufficiently to make the process more e ...
. Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding.
K
*Keelage. The right of exacting a toll from ships in a harbor; the money so paid.
L
*Lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
. A conveyance of land or tenements to a person for life, for a term of years, or at will, in consideration of a return of rent or some other recompense. The person who so conveys such lands or tenements is termed the "lessor", and the person to whom they are conveyed, the "lessee"; and when the lessor so conveys lands or tenements to a lessee; he is said to lease, demise, or let them.
M
* Mala in se. Wrongs in themselves; acts morally wrong; offences against conscience.
N
*Negative. A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue.
O
*Obligee. The person in favor of whom some obligation is contracted, whether such obligation be to pay money or to do or not to do something. The party to whom a bond is given.
P
*Parcel. In the law of real property, parcel signifies a part or portion of land. As used of chattels, it signifies a small package or bundle.
Q
*Quare. Lat. Wherefore; for what reason; on what account. Used in the form of several common law writs.
R
*Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inte ...
. The confirmation of a previous act done either by the party himself or by another; confirmation of a voidable act.
S
*Servient. Serving; subject to a service or servitude. A servient estate
A servient estate (or servient premises or servient tenement) is a parcel of land that is subject to an easement. The easement may be an easement in gross, an easement that benefits an individual or other entity, or it may be an easement appurten ...
is one which is burdened with a servitude.
*Sound. To have an essential quality, —as, applied to an action, to sound in damages. Therefore "to sound in damages" is "to have the essential quality of damages". Hence the expressions to sound and sounds in.
*Sound in damages. An action is technically said to sound in damages when it is brought, not for the specific recovery of lands, goods, or sums of money (as is the case in real and mixed actions, or in the personal actions of debt and detinue), but for recovery of damages only, as in actions of covenant, trespass, etc. Steph. Pl. 116.
T
*Testator
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556 ...
. One who makes or has made a testament or will; one who dies leaving a will.
U
*Underwriter
Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liabilit ...
. The person who insures another in a fire or life policy; the insurer. A person who joins with another in entering into a marine policy of insurance as insurer.[Howell. Glossary of Legal Terms and Phrases. 1910. p 49.]
V
*Valid. Of binding force. A deed, will, or other instrument, which has received all the formalities required by law, is said to be valid.[
]
W
* Words of limitation. In a conveyance or will, words which have the effect of marking the duration of an estate are termed "words of limitation". Thus, in a grant to A and his heirs, the words "and his heirs” are words of limitation, because they show that A is to take an estate in fee-simple, and do not give his heirs anything.
X
* Xenodochium. ''gr''.-''l''. In the civil and old English law. An inn licensed for the entertainment of strangers; a place where sick and infirm persons were cared for; a hospital.
Y
*Yalemaines. ''fr''. At least, however.
Z
*Zelde. ''o''. ''sc''. A gift or donation.[Kinney. A Law Dictionary and Glossary. 1893. p 706.]
See also
*Glossary of land law
A glossary of land law contains mostly middle English concepts, which are often found in older judgments, and refer to obsolete rights or remedies.
Glossary
; Borough English
;Copyhold
:n. an interest, or tenure, in land where the holder's titl ...
* Glossary of patent law terms
References
*Reddon and Veron. Modern Legal Glossary. Michie Company. 1980
Google Books
*Henry C Adams. A Juridical Glossary. Weed, Parsons & Company. Albany, New York. 1886. Volume 1
Google BooksInternet Archive
*Willey Howell (compiler). Glossary of Legal Terms and Phrases. The Army Service Schools, Department of Law. 1910
Google Books
*Tayler. The Law Glossary. Ninth Edition. 1889
Google Books
*Frederic Jesup Stimson. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. Little, Brown and Company. Boston. 1881
Google Books
*J Kendrick Kinney. A Law Dictionary and Glossary. Callaghan and Company. Chicago. 1893
Google Books
*Burrill. A Law Dictionary and Glossary. Second Edition
Volume 1Volume 2
*Gibb. Students' Glossary of Scottish Legal Terms. Second Edition. 1982. Green
Google Books
*Lewis. A Glossary of Mediaeval Welsh Law. 1913
Internet Archive
;Attribution
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*{{Source-attribution, William Mack (ed). Cyclopedia of Law and Procedure. The American Law Book Company. 1905. Volume 18.
Glossaries of law