embezzle

en-verb

embezzle (third-person singular simple present embezzles, present participle embezzling, simple past and past participle embezzled)

embezzles (present singular third-person)
embezzling (participle present)
embezzled (participle past)
embezzled (past)

From Middle English embesilen, from Anglo-Norman embesiler, embesillier, embeseillier (“to steal, cause to disappear”), from em- + Old French besillier (“to torment, destroy, gouge”), of unknown origin.

der

1903, H.G. Wells, Twelve Stories and a Dream
You waste your education in burglary. You should do one of two things. Either you should forge or you should embezzle. For my own part, I embezzle.

1861, George Eliot, Silas Marner
You let Dunsey have it, sir? And how long have you been so thick with Dunsey that you must collogue with him to embezzle my money?

(law, business) To steal or misappropriate money that one has been trusted with, especially to steal money from the organisation for which one works.

غَلَّ

to steal money that one has been trusted with

присва́ивать

обманным путём чужие деньги


paternity

en-noun

paternity (countable and uncountable, plural paternities)

From Middle French paternité, from Old French, from Latin paternitās (“paternity”), from paternus (“of or pertaining to a father, paternal”) + -itās, from pater (“father”).

(law) Legal acknowledgement of a man's fatherhood of a child.


enfeoff

en-verb

enfeoff (third-person singular simple present enfeoffs or (obsolete) enfeoffes, present participle enfeoffing, simple past and past participle enfeoffed)

enfeoffs (present singular third-person)
enfeoffes (obsolete present singular third-person)
enfeoffing (participle present)
enfeoffed (participle past)
enfeoffed (past)
enfeoff (infinitive)

LL-Q1860 (eng)-Mélange a trois-enfeoff.wav

From Late Middle English enfeffen (“to grant (property, rights, etc.) under the feudal system”) [and other forms], from Old French enfeffer, enfieffer (compare Anglo-Latin infeoffāre, Anglo-Norman enfeoffer), from en- (prefix meaning ‘in, into’) + fief (“estate held by a person on condition of providing military service to a superior”) (ultimately from Proto-Indo-European *peku-, *peḱu- (“sheep”)). The English word is analysable as en- + feoff.

nb...

enfefe, enfeffe, enfeffee, infeof, infeoff

Suppose a man bargains to enfeoff me, as in our case here, and he afterwards enfeoffs another, and then he re-enters [i.e. on the first feoffee] and enfeoffs me, and the other ousts me. Now here the action of covenant may not be brought, because he has at last enfeoffed me according to his covenant, and yet the deceit remains upon which an action may be based. Wherefore it does not always follow that where there is a covenant the action of deceit will not lie.

[1442, William Paston, Justice of the Common Pleas, Shipton v. Dogge (No. 2); Doige’s Case (Y. B. Trinity 20 Hen. VI, folio 34, pl. 4; Selden Society volume 51, page 97); quoted in A[lfred] W[illiam] B[rian] Simpson, “The Action for Breach of Promise”, in A History of the Common Law of Contract: The Rise of the Action of Assumpsit, Oxford, Oxfordshire: Clarendon Press, 1975, →ISBN, part II (The Action for Breach of Promise), page 257:

I have infeffed Richarde Pygot, sarjeaunt of the lawe, John Norton, knyght, John Pygott of Rypon, gentilman, and Sir Thomas Nobull, prest, in lands and tenements within the fraunchese of Rypon, [...]

[1466 April 29, “XXXV. The Will of Ranulph Pigot, Esq. of Clotherham. [...] Apr. 20, 1466 [Julian calendar]”, in James Raine, Jun., editor, Testamenta Eboracensia. A Selection of Wills from the Registry at York (The Publications of the Surtees Society; XLV), volume III, Durham, County Durham: Published for the Society by Andrews and Co., […]; London: Whittaker and Co., […], published 1865, →OCLC, page 158:

And all this he [Pope Pius V] doth to enfeoff the pope with that fulness of power wherunto he entitleth Peter.

1582, John Jewel, edited by Io[hn] Garbrand, A Viewe of a Seditious Bul sent into Englande, from Pius Quintus Bishop of Rome, Anno. 1569. […], London: Printed by R[alph] Newberie & H[enry] Bynneman, →OCLC; republished in Richard William Jelf, editor, The Works of John Jewel, D.D. Bishop of Salisbury. … In Eight Volumes, volume VII, Oxford, Oxfordshire: At the University Press, 1848, →OCLC, page 242:

If a man hath iſſue two Daughters and grant a Rent charge out of his land to one of them and dyeth the Rent ſhall be apportioned, and if the Grantee in this caſe enfeoffeth another of her part of the land, yet the moity of the Rent remaineth iſſuing out of her ſiſters part, becauſe the part of the Grantee in the land by the diſcent was diſcharged of the Rent.

1628, Edw[ard] Coke, “Of Rents”, in The First Part of the Institutes of the Lawes of England. […], London: […] [Adam Islip] for the Societe of Stationers, →OCLC, book 2, chapter 12, section 224, folio 150, recto:

[I]n February 1648, in a letter to [Thomas] Fairfax's secretary, [Robert] Overton expresses pleasure that the king's servants have been removed and suggests that it would 'prove a happy privation if the Father would please to dispossess him of three transitory kingdoms to infeoff him in an eternal one'.

1648 February, Barbara Taft, “‘They that Persew Perfaction on Earth …’: The Political Progress of Robert Overton”, in Ian Gentles, John Morrill, Blair Worden, editors, Soldiers, Writers and Statesmen of the English Revolution, Cambridge, Cambridgeshire: Cambridge University Press, published 1998, →ISBN, page 289:

And if a Man doth bargain with another to enfeoff him of certain Lands, and afterwards he enfeoffeth another Man, he with whom he made the Bargain, ſhall have a Writ of Diſceit.

1718, Anthony Fitz-Herbert [i.e., Anthony Fitzherbert], “Writ de Deceit”, in The New Natura Brevium of the Most Reverend Judge, Mr. Anthony Fitz-Herbert. […], 6th corrected edition, in the Savoy [London]: Printed by Eliz[abeth] Nutt, and R. Gosling, (assigns of Edw[ard] Sayer Esq;) for B. Lintott […], R. Gosling […]; and T. Ward […], →OCLC, page 217:

There paſſes this Seal alſo a Precept, which is called the Fourth Precept, directed to a Sheriff in that Part, for infefting in Lands holden of a ſubject Superior, after the three Precepts are run againſt him.

1734, Thomas Hope, John Spotiswood, “Numb[er] IV. The Method of Expeding Infeftments in Lands, Annualrents, Heritable Jurisdictions and Offices Holding of His Majesty, through the Whole Registers and Seals.”, in Practical Observations upon Divers Titles of the Law of Scotland, Commonly Called Hope’s Minor Practicks. […], Edinburgh: Printed and sold by A. Davison […], →OCLC, page 553:

Estate ſimple, called alſo fee ſimple, is where a man by deed indented, enfeoffes another in fee, reſerving to him and his heirs a yearly rent; with this proviſo, that if the rent be behind, &c., it ſhall be lawful for the feoffer and his heirs, to enter.

1738, E[phraim] Chambers, “ESTATE”, in Cyclopædia: Or, An Universal Dictionary of Arts and Sciences; […] In Two Volumes, 2nd corrected and amended edition, volumes I (A–K), London: […] D. Midwinter [et al.], →OCLC, column 2:

The deed by which a fee is brought into existence, or by which the superior authorizes a person to hold lands of him as his vassal, and entitles the vassal to be put in personal possession of such lands, is called a Feu-charter. It consists in general of the following clauses. [...] 10. Precept of Sasine, by which the superior empowers the vassal to be infeft.

1847, John Hill Burton, “Constitution of Rights in Land”, in Manual of the Law of Scotland. … The Law of Private Rights and Obligations, 2nd enlarged edition, Edinburgh: Oliver & Boyd, […]; London: Simpkin, Marshall, & Co., →OCLC, part II (The Various Classes of Property and Their Respective Tenures), section 3 (Feu-charter), page 54:

[T]he Zhou conquerors had attempted to control their vast new territories through "enfeoffing" relatives and allies in walled towns throughout their kingdom.

1990, Mark Edward Lewis, “The Warring State”, in Sanctioned Violence in Early China (SUNY Series in Chinese Philosophy and Culture), Albany, N.Y.: State University of New York Press, →ISBN, page 54:

Hereditary fiefs meant that the king could not refuse to enfeoff a legitimate, able-bodied heir, but renewal was still required for the successor to exercise any rights or functions associated with the fief.

2016, Peter H[amish] Wilson, “Kingship”, in The Holy Roman Empire: A Thousand Years of Europe’s History, London: Allen Lane, Penguin Books, →ISBN; Heart of Europe: A History of the Holy Roman Empire, 1st Harvard University Press edition, Cambridge, Mass.: The Belknap Press of Harvard University Press, 2016, →ISBN, part III (Governance), page 331:

(transitive, chiefly law, historical) To transfer a fief to, to endow with a fief; to put (a person) in legal possession of a freehold interest.


easement

en-noun

easement (countable and uncountable, plural easements)

From Anglo-Norman aisement, easement, eisement, esament, esement, and Middle French aisement (“comfort, convenience, ease, facility, opportunity; a benefit, relief; a right to use land, a thing, etc.; a privy”), from aisier (“to put at ease; to facilitate”) + -ment (“-ment, suffix forming nouns, usually the action or state resulting from verbs”).

der

The power company has an easement to put their electricity poles along the edge of this land.

Eaſement is a privilege that one Neighbour hath of another, by Writing or Preſcription, without profit; as a Way or a Sink through his Land, or ſuch like.

[1708, anonymous [attributed to John Rastell or William Rastell], “Easement”, in Les Termes de la Ley: Or, Certain Difficult and Obscure Words and Terms of the Common Laws and Statutes of this Realm now in Use, Expounded and Explained. Now Corrected and Enlarged. With many Great and Useful Additions throughout the Whole Book, never Printed in any other Impression, corr. and enl. edition, London: Printed by Samuel Roycroft and James Rawlins, assigns of Richard and Edward Atkins, Esquires, →OCLC, page 278:

[page 1] That branch of these accessorial rights which confers merely a convenience to be exercised over the neighbouring land, without any participation in the profit of it, is called, by the law of England, Easements, as rights to the passage of light, air, and water. […] [page 2] The origin of some easements is as ancient as that of property—one tenement may be subjected to the convenience of another by the hand of nature itself—the inferior elevation of one in relation to the other, may subject it to the fall of water from the higher ground.

1839, C[harles] J[ames] Gale, T[homas] D[enman] Whatley, “Introduction”, in A Treatise on the Law of Easements, London: Printed for S. Sweet, 1, Chancery Lane, law bookseller and publisher; Dublin: Hodges and Smith, →OCLC, pages 1–2:

The 1955 Act gave powers for compulsory acquisition of "easements", or permission to tunnel beneath dwelling houses instead of, as had previously been necessary, following approximately the course of surface roads.

1962 October, “London gets its Victoria tube”, in Modern Railways, page 258:

The Lake Company actually had an easement – a right to flood some of this land – dating from 1845.

1991, Theodore Steinberg, “Maturation: The Struggle over Water”, in Nature Incorporated: Industrialization and the Waters of New England, Cambridge: Cambridge University Press, →ISBN, page 133:

Pacific Telephone had an easement "for the stringing of telephone and electric light and power wires" over the property of Salvaty.

2002, William H. Pivar, Robert J[acques] Bruss, “Adjacent Property Rights”, in California Real Estate Law, 5th edition, Chicago, Ill.: Dearborn Real Estate Education, →ISBN, page 383:

The unrecorded document clearly granted an easement to the hallway and Watson had the document prior to closing.

2011, Marianne M. Jennings, “Nonpossessory Interests in Real Estate”, in Real Estate Law (South-Western Legal Studies in Business Academic Series; West Legal Studies in Business), 9th edition, Mason, Oh.: South-Western Cengage Learning, →ISBN, page 75:

en:legal right to use another person's property

(law, property law) An interest in land which grants the legal right to use another person's real property (real estate), generally in order to cross a part of the property or to gain access to something on the property (right of way).


emblement

1485, from Old French emblayement, emblaiment (“harvest, crop”), from emblaer, emblaier, emblader (French emblaver, “to sow with grain”), from Medieval Latin imblādāre (“to sow with grain”), from im- + blādum (French blé, “grain”), from Frankish *blād (“produce”), from Proto-Germanic *blēdaz, *blēdō (“flower, leaf”), from Proto-Indo-European *bhlēdh-, *bhlō(w)-, *bhol- (“to flower; leaf”). Cognate with Old High German blāt (“flower, blossom, prosperity”), Middle Dutch blaad (“leaf”), Old English blǣd (“shoot, flower, fruit, harvest, wealth”). More at bloom.

cog

(law) An annual crop produced by cultivation, treated as personal property.


reschedule

en-verb

reschedule (third-person singular simple present reschedules, present participle rescheduling, simple past and past participle rescheduled)

reschedules (present singular third-person)
rescheduling (participle present)
rescheduled (participle past)
rescheduled (past)

/ɹiːˈʃɛd͡ʒuːl/

/ɹiˈʃɛd͡ʒuːl/

Judge Young had been considering a petition filed to have marijuana rescheduled under federal law.

1997, Mary Lynn Mathre, Cannabis in Medical Practice, page 25:

Moreover, marijuana could only be brought to market if it were rescheduled to acknowledge its “accepted medical use,” according to DEA standards.

2000, Marijuana As Medicine?: The Science Beyond the Controversy:

(transitive, US, law) To reclassify; to change the schedule (division into which something is classified) of.


complainant

From Old French complaignant, present participle of complaindre.

(law) The party that brings a civil lawsuit against another; the plaintiff.

(law) An alleged victim in a criminal investigation or trial.


probation

en-noun

probation (countable and uncountable, plural probations)

/ˌpɹoʊˈbeɪʃən/

From Middle French probation, from Old French probacion, from Latin probatio (“a trying, inspection, examination”), from probare, past participle probatus (“to test, examine”); see probate, probe, prove.

стаж

period of conditional employment or engagement

He got two years probation for robbery.

(law) A type of sentence where convicted criminals are permitted to continue living in a community but will automatically be sent to jail if they violate certain conditions.


detention

en-noun

detention (countable and uncountable, plural detentions)

Borrowed from Middle French détention, from Latin detentio, detentionem.

(countable) A temporary state of custody or confinement.

(law) Confinement of a prisoner awaiting trial.


OST

The most important source of space law is the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (OST).¹⁶ […] The OST is a product of the Cold War era when the United States and the Soviet Union—the only states with spacefaring capability—were bitter rivals, each fundamentally distrustful of the other.

2014, John G Sprankling, “Rights in Airspace and Outer Space”, in The International Law of Property, Oxford University Press, →ISBN, page 176:

(law, space science) Initialism of Outer Space Treaty: a treaty that represents the basic legal framework of international space law, signed in 1967.


dower

From Middle English dower, dowere, from Old French doeire, from Medieval Latin dōtārium, from Latin dōs.

(law) The part of or interest in a deceased husband's property provided to his widow, usually in the form of a life estate.

[…] how features are abroad, / I am skill-less of; but, by my modesty,— / The jewel in my dower,—I would not wish / Any companion in the world but you […]

1610–1611 (date written), William Shakespeare, “The Tempest”, in Mr. William Shakespeares Comedies, Histories, & Tragedies […] (First Folio), London: […] Isaac Iaggard, and Ed[ward] Blount, published 1623, →OCLC, [Act III, scene i]:

In New Bedford, fathers, they say, give whales for dowers to their daughters, and portion off their nieces with a few porpoises a-piece.

1851, Herman Melville, Moby Dick, Chapter 6:

(law) Property given by a groom directly to his bride at or before their wedding in order to legitimize the marriage; dowry.


jurist

/ˈd͡ʒʊəɹ.ɪst/

/ˈd͡ʒəɹ.ɪst/

(law) An expert of law or someone who researches jurisprudence.


liquid document

liquid document (plural liquid documents)

NEDCOR BANK LTD v LISINFO 61 TRADING (PTY) LTD 2005 (2) SA 432 (C) is a trite principle of our law that the term 'liquid document' for purposes of summary judgment proceedings has the same meaning as a 'liquid document' for purposes of provisional sentence proceedings. In Rich and Others v Lagerwey 1974 (4) SA 748 (A) at 754H, the Court said that, if a document in question, upon a proper construction thereof, evidences by its terms and without resort to evidence extrinsic thereto, an unconditional acknowledgment of indebtedness in an ascertained amount of money, the payment of which is due to the creditor, it is one upon which provisional sentence may properly be granted.

(law) A document on which summary judgment or provisional sentence may be granted.


qualified fee

(law) An estate which has an annexed qualification; a base fee.


quantum meruit

(law) An inference that the defendant has promised to pay the plaintiff for the plaintiff's work or labor as much as he should deserve.


booking

booking (countable and uncountable, plural bookings)

(law) The process of photographing, fingerprinting and recording the identifying data of a suspect following arrest.


qualified property

(law) The right that a bailee has in the chattel transferred to him by the bailment.


quare clausum fregit

Latin, meaning "wherefore he broke the close".


foreclose

en-verb

foreclose (third-person singular simple present forecloses, present participle foreclosing, simple past and past participle foreclosed)

forecloses (present singular third-person)
foreclosing (participle present)
foreclosed (participle past)
foreclosed (past)

/ˌfɔːˈkləʊz/

Partially from Middle English foreclosen, forclosen, from Old French forclos, past participle of forclore (“to exclude”), from for- (“(prefix used to express error, exclusion, or inadequacy)”) + clore (“to shut”), and partially from Middle English forclusen (“to close up”), from Old English forclȳsan (“to close up”), equivalent to fore- + close.

inh

They have to move out of their house because the bank foreclosed on their mortgage.

(transitive, law) To repossess a mortgaged property whose owner has failed to make the necessary payments; used with on.

(transitive, law) To cut off (a mortgager) by a judgment of court from the power of redeeming the mortgaged premises.


peculation

en-noun

peculation (countable and uncountable, plural peculations)

From Latin pecūlātiō (“embezzlement”) from pecūlor (“to defraud the public”), related to pecūlium (“property in cattle, private property”), from pecū (“cattle, money”).

Sir Pitt Crawley (named after the great Commoner) was the son of Walpole Crawley, first Baronet, of the Tape and Sealing-Wax Office in the reign of George II., when he was impeached for peculation, as were a great number of other honest gentlemen of those days ...

1847 January – 1848 July, William Makepeace Thackeray, chapter 7, in Vanity Fair […], London: Bradbury and Evans […], published 1848, →OCLC:

Bulfinch, a solicitor at Redcastle, came to him with irrefragable proofs of gross peculation on the part of the bailiff.

1885, Charlotte M. Yonge, chapter 20, in Nuttie's Father:

She considered herself engaged to be married to a Scotch propaganda officer who had been dismissed for peculation and gone home to sell cars.

It was a feature of Athens’ democratic constitution that at the end of their year in office Athenian officials had to submit an account of their service, financial and otherwise, to public scrutiny. Ephialtes took the opportunity to bring charges of peculation against the outgoing archons who were about to enter the Areopagus and succeeded in having them removed from that council.

1990, Donald Kagan, Pericles of Athens and the Birth of Democracy, chapter 2: “Politician”, page 42 (Guild Publishing; CN 2239)

(law, chiefly historical) The wrongful appropriation or embezzlement of shared or public property, usually by a person entrusted with the guardianship of that property.


reclaim

en-verb

reclaim (third-person singular simple present reclaims, present participle reclaiming, simple past and past participle reclaimed)

reclaims (present singular third-person)
reclaiming (participle present)
reclaimed (participle past)
reclaimed (past)

From Middle English reclaymen, recleymen, reclamen, from Anglo-Norman reclamer (noun reclaim and Middle French reclamer (noun reclaim), from Latin reclāmō, reclāmāre.

(intransitive, law, Scotland) To appeal from the Lord Ordinary to the inner house of the Court of Session.


replevy

replevy (third-person singular simple present replevies, present participle replevying, simple past and past participle replevied)

replevies (present singular third-person)
replevying (participle present)
replevied (participle past)
replevied (past)

Old French replevir (“recover”), from re- + plevir (probably from a Germanic source which also gave pledge).

I humbly crave your Majestie / It to replevie , and my Sonne reprive

1596, Edmund Spenser, “Book IV, Canto VII”, in The Faerie Queene. […], London: […] [John Wolfe] for William Ponsonbie, →OCLC:


springing

(law, US, characterizing the power of attorney) That takes effect only after the incapacity of the grantor or some other definite future act or circumstance.


re-entry

en-noun

re-entry (countable and uncountable, plural re-entries)

(law) The reestablishment of possession under a right or rights reserved in a previous conveyance.

(law) The act of retaking possession of land, etc.; the entry by a lessor upon the premises leased, on failure of the tenant to pay rent or perform the covenants in the lease.


stateless

無狀態

(computer science) without remembering state

UN Convention relating to the Status of Stateless Persons

The ability to shift profits to low-tax countries by locating intellectual property in them[…]is often assumed to be the preserve of high-tech companies.[…]current tax rules make it easy for all sorts of firms to generate[…]“stateless income”: profit subject to tax in a jurisdiction that is neither the location of the factors of production that generate the income nor where the parent firm is domiciled.

2013 June 22, “T time”, in The Economist, volume 407, number 8841, page 68:

(law) Without a state or nationality; not subject to any state.


modus

Learned borrowing from Latin modus (“measure, manner, mood”). Doublet of mode.

lbor

(law, obsolete) The arrangement of, or mode of expressing, the terms of a contract or conveyance.

(law) A qualification involving the idea of variation or departure from some general rule or form, in the way of either restriction or enlargement, according to the circumstances of the case, as in the will of a donor, an agreement between parties, etc.

To make a good and sufficient modus, the following rules must be observed

1765–1769, William Blackstone, Commentaries on the Laws of England, (please specify |book=I to IV), Oxford, Oxfordshire: […] Clarendon Press, →OCLC:

When, instead either of a certain portion of the produce of land, or of the price of a certain portion, a certain sum of money is to be paid in full compensation for all tax or tythe; the tax becomes, in this case, exactly of the same nature with the land tax of England. It neither rises nor falls with the rent of the land. It neither encourages nor discourages improvement. The tythe in the greater part of those parishes which pay what is called a modus, in lieu of all other tythe is a tax of this kind. During the Mahometan government of Bengal, instead of the payment in kind of the fifth part of the produce, a modus, and, it is said, a very moderate one, was established in the greater part of the districts or zemindaries of the country. Some of the servants of the East India company, under pretence of restoring the public revenue to its proper value, have, in some provinces, exchanged this modus for a payment in kind. Under their management, this change is likely both to discourage cultivation, and to give new opportunities for abuse in the collection of the public revenue, which has fallen very much below what it was said to have been when it first fell under the management of the company. The servants of the company may, perhaps, have profited by the change, but at the expense, it is probable, both of their masters and of the country.

1776, Adam Smith, The Wealth of Nations:

They, from time immemorial, had paid a modus, or composition.

1829, Walter Savage Landor, “Duke de Richelieu, Sir Firebrace Cotes, Lady Glengrin. and Mr. Normanby”, in Imaginary Conversations of Literary Men and Statesmen, volume V (second series, volume II), London: James Duncan, […], →OCLC:

That there is and from time immemorial has been within that part of the parish called Mablethorpe St. Mary's a laudable custom that, if any outdweller take ancient pasture ground, he shall pay a modus of 4d. an acre, and so in proportion, on the 1st of August, in lieu of all manner of tithe; and that if any of the ancient pasture be once ploughed up or meadowed, it shall, when restored to pasture again, pay 4d. the acre in the hands of such outdweller.

1917, The English Reports: Exchequer, page 789:

(law) A fixed compensation or equivalent given instead of payment of tithes in kind, expressed in full by the phrase modus decimandi.


chambers

From chamber + -s (suffix forming pluralia tantum and regular plurals of nouns, and the third-person singular simple present indicative forms of verbs).

suffix

Chiefly in in chambers: a judge's private office which is used for hearings that do not need to be held in open court.

tuomarin toimisto

judge’s private office which is used for hearings that do not need to be held in open court

[B]e you mannerly to her, becauſe you are to pretend only to be her Squire, to arm her to her Lavvyers Chambers; but I vvill be impudent and baudy, for ſhe muſt love and marry me.

1676 December 11 (first performance), [William] Wycherley, The Plain-Dealer. A Comedy. […], London: […] T[homas] N[ewcomb] for James Magnes and Rich[ard] Bentley […], published 1677, →OCLC, Act II, page 32:

[…] I dismissed my coach at the gate, and tripped it down to my counsel's chambers; for lawyer's fees take up too much of a small disputed jointure to admit any other expenses but mere necessaries.

1712 July 1 (Gregorian calendar), [Thomas Tickell], “FRIDAY, June 20, 1712”, in The Spectator, number 410; republished in Alexander Chalmers, editor, The Spectator; a New Edition, […], volume V, New York, N.Y.: D[aniel] Appleton & Company, 1853, →OCLC, page 25:

They rapped violently at the door of his [Samuel Johnson's] chambers in the Temple, till at laſt he appeared in his ſhirt, vvith his little black vvig on the top of his head, inſtead of a nightcap, and a poker in his hand, imagining, probably, that ſome ruffians vvere coming to attack him.

1791, James Boswell, “[1752]”, in The Life of Samuel Johnson, LL.D. […], volume I, London: […] Henry Baldwin, for Charles Dilly, […], →OCLC, page 134:

Nevertheless, these venerable Inns which have the Lamb and Flag and the Winged Horse for their ensigns, have attractions for persons who inhabit them, and a share of the rough comforts and freedom, which men always remember with pleasure. I don't know whether the student of law permits himself the refreshment of enthusiasm, or indulges in poetical reminiscences as he passes by historical chambers, […] but the man of letters can't but love the place which has been inhabited by so many of his brethren, […] old Samuel Johnson rolling through the fog with the Scotch gentleman [James Boswell] at his heels on their way to Dr. [Oliver] Goldsmith's chambers in Brick Court; […]

1848 November – 1850 December, William Makepeace Thackeray, “The Knights of the Temple”, in The History of Pendennis. […], volume I, London: Bradbury and Evans, […], published 1849, →OCLC, page 290:

To be well in chambers is melancholy, and lonely and selfish enough; but to be ill in chambers— […] —this, indeed, is a fate so dismal and tragic, that we shall not enlarge upon its horrors, and shall only heartily pity those bachelors in the Temple, who brave it every day.

1848 November – 1850 December, William Makepeace Thackeray, “Which Had Nearly Been the Last of the Story”, in The History of Pendennis. […], volume II, London: Bradbury and Evans, […], published 1850, →OCLC, page 120:

(British) Originally, a set of rooms at an Inn of Court used by one or more barristers as an office and residence; now, the office of one or more barristers in any building.

asianajajan toimisto

originally, a set of rooms at an Inn of Court used by one or more barristers as an office and residence; now, the office of one or more barristers in any building


concussion

en-noun

concussion (countable and uncountable, plural concussions)

Then Concussion, Rapine, Pillories, / Their Catalogue of Accusations fill.

1595, Samuel Daniel, “(please specify the folio number)”, in The First Fowre Bookes of the Ciuile Wars between the Two Houses of Lancaster and Yorke, London: […] P[eter] Short for Simon Waterson, →OCLC:

(obsolete, law) The unlawful forcing of another by threats of violence to yield up something of value.


hypothec

hypothec (usually uncountable, plural hypothecs)

From Latin hypothēca (“pledge, mortgage”), from Ancient Greek ὑποθήκη (hupothḗkē, “warning, pledge”).

der

(law) In Scotland, a landlord's right over the stocking (cattle, implements, etc.), and crops of his tenant, as security for payment of rent.

(law) In Québec, a legal right over property used as security for an obligation, such as a mortgage.


fixture

Alteration of older fixure, on the model of mixture.

The residence was sold with fixtures and fittings.

(law) Something that is fixed in place, especially a permanent appliance or other item of personal property that is considered part of a house and is sold with it; compare fitting, furnishing.


affidavit

From Medieval Latin affidavit (“he has sworn”), the third person singular perfect tense of affido (“swear”), from fīdō, ultimately from Proto-Indo-European *bʰeydʰ- (“to command, to persuade, to trust”). Cognate to fidelity and faith (same Latin root), but not to affirm (shared Latin ad- prefix, but different Latin and Proto-Indo-European roots).

He submitted his affidavit rather than appearing to testify in court.

Lee's case is urgent. He has to file an immediate affidavit that he is suffering from bubonic plague to avoid eviction from the house he has occupied ten years without paying the rent.

1962 [1959], William S. Burroughs, Naked Lunch, New York: Grove Press, page 170:

All lifters were certified by affidavit and polygraph to be steroid free.

1984 December 8, “Pressing Records”, in Gay Community News, volume 12, number 21, page 2:

(law) A signed document wherein an affiant makes a sworn statement.

afidàvit

legal, signed document wherein an affiant makes a sworn statement

宣誓供述書

せんせいきょうじゅつしょ


lineal

From Old French lineal, from Latin līneālis, from līnea (“a line”) + -ālis (adjective-forming suffix). By surface analysis, line + -al. Doublet of linear.

compound

Oh that your Brows my Laurel had ſuſtain'd, / Well had I been depos'd, if You had Reign'd! / The Father had deſcended for the Son; / For only you are lineal to the Throne.

1693 (first performance), John Dryden, “To My Dear Friend Mr. Congreve, on His Comedy, Call’d, The Double-Dealer”, in The Double-Dealer. A Comedy, London: […] Jacob Tonson […], published 1735, →OCLC, Act I,:

(anthropological, sociological, legal): Inheriting by direct descent; having the right by direct descent to succeed (to).

anthropological; sociological; anthropological; sociological


paralegal

(law) One who assists a lawyer in routine legal work, but who is without qualified status as a solicitor or barrister (England and Wales), attorney (U.S.), or advocate; known more commonly in the U.S. as a legal assistant.


criminal negligence

en-noun

criminal negligence (usually uncountable, plural criminal negligences)

(law) Failure to use reasonable care, and thus put someone at risk of injury or death.


probate

probate (countable and uncountable, plural probates)

From Middle English probate, from Latin probatus, past participle of probare (“to test, examine, judge of”); see probe, prove.

The probate file reveals that Stephen Tetuan, attorney for the estate and author of McBride's will, wrote to Lemieux on Auust 29, 1984, encouraging him "to serve as trustee and to retain local counsel to represent your interests as trustee."

1981 December 1, Micheline Justman, “Man Defends Erie Gay Will”, in Gay Community News, volume 12, number 20, page 15:

(law) The legal process of verifying the legality of a will.

легализиране

(law) A copy of a legally recognised and qualified will.


assets

assets pl (normally plural, singular asset)

From Anglo-Norman asetz, from Old French assez (“enough”). Originally singular, with the meaning "enough to meet liabilities"; later reanalyzed as a plural form.

(law) Sufficient estate; property sufficient in the hands of an executor or heir to pay the debts or legacies of the testator or ancestor to satisfy claims against it.


fixer

A professional bank robber commented on this [a point in the thief's memoir]: 'Perhaps the author means by this that the fixer with whom he is acquainted works only on crimes not involving violence. It is true that there are specialists even in the fix line, and a man who has an in [in = advantageous position] to fix con cases might not be able to fix robbery cases. But if the author means that the fix does not exist in armed robbery, he is badly mistaken. It is merely a matter of knowing the right party to go to.'

1937, Edwin H. (ed) Sutherland with Conwell, Chic (pseudonym), The Professional Thief: by a Professional Thief. Annotated and Interpreted by Edwin H. Sutherland, Chicago: University of Chicago Press, LCCN 37036112:

(criminal justice, law) A person who arranges immunity for defendants by tampering with the justice system via bribery or extortion, especially as a business endeavor for profit.


negligent

en-adj

negligent (comparative more negligent, superlative most negligent)

more negligent (comparative)
most negligent (superlative)

From Middle English necligent, negligent, from Old French negligent, from Latin negligēns.


coucher

From Middle English coucher, from Anglo-Norman; equivalent to couch + -er.

She [the Herring-Buss] imployeth[…]at Land Viewers, Packers,[…]Couchers to make the Herrings lawful Merchandizes.

1601, John Keymor, “Observation made upon the Dutch fishing”, in The Phenix:

(UK, law, obsolete) A factor or agent resident in a country for traffic.


defeasance

en-noun

defeasance (countable and uncountable, plural defeasances)

(US, law) The rendering void of a contract or deed; an annulment or abrogation.


defeasance

en-verb

defeasance (third-person singular simple present defeasances, present participle defeasancing, simple past and past participle defeasanced)

defeasances (present singular third-person)
defeasancing (participle present)
defeasanced (participle past)
defeasanced (past)

(US, law, transitive) To void; to annul.


petitioner

From petition + -er. Doublet of petitionary.

(law) Someone who presents a petition to a court.

খাস্তগীর

someone who presents a petition to a court


court costs

(law) Expenses other than attorney's fees associated with the prosecution or defense of a lawsuit for which, in some jurisdictions, the prevailing party may demand repayment.


prevailing party

en-noun

prevailing party (plural prevailing parties)

(law) The party in a civil lawsuit whom the factfinder determines to be right, and who, in some jurisdictions, may recover attorney's fees and other expenses associated with the prosecution or defense of the lawsuit.


abstention doctrine

abstention doctrine (plural abstention doctrines)

(law) A rule under which a federal court in the United States will decline to exercise jurisdiction over a lawsuit because the suit could or should instead be heard by a state court.


attorney's fee

(law) The fee charged by an attorney for work done in relation to a lawsuit or other work done by an attorney.

In March 2017, the judge appointed a special master — the former federal judge Gerald E. Rosen — to look into the appropriateness of the fee package, including the issues of double-counting attorney hours spent on the case and the reasonableness of the rates charged by the lawyers. But during a 14-month investigation, Mr. Rosen made a startling discovery: Labaton had paid a lawyer in Texas a finder’s fee equal to 20 percent of the attorneys’ fee it received in the litigation.

2018 October 10, Matthew Goldstein, “Law Firm’s Fee Settlement Could Shake Up Securities Class Actions”, in The New York Times, →ISSN, →OCLC, archived from the original on 2018-10-10, Business Day:

(law) An amount set by a court to be awarded to a prevailing party based on the reasonable fee that their attorney should have charged, based on the length and complexity of the case.


liquidate

en-verb

liquidate (third-person singular simple present liquidates, present participle liquidating, simple past and past participle liquidated)

liquidates (present singular third-person)
liquidating (participle present)
liquidated (participle past)
liquidated (past)

From Medieval Latin liquidatus (“liquid, clear”), past participle of liquidare. The sense “to kill, do away with” is a semantic loan from Russian ликвиди́ровать (likvidírovatʹ), ultimately from Latin liquidus.

sl

ликвиди́ровать

A debt or demand is liquidated whenever the amount due is agreed on by the parties, or fixed by the operation of law.

1851, Hargroves v. Cooke, 15th Georgia Reports 321:

If our epistolary accounts were fairly liquidated, I believe you would be brought in considerably debtor.

February 27, 1759, Philip Stanhope, 4th Earl of Chesterfield, letter to his son (letter CXXVIII)

(law, transitive) To determine by agreement or by litigation the precise amount of (indebtedness); to make the amount of (a debt) clear and certain.


attorney's work product

(law, US): Evidence which a party to a lawsuit does not have to reveal during the discovery process because it represents the thought process of the attorney preparing for trial.


perpetuity

en-noun

perpetuity (countable and uncountable, plural perpetuities)

From Middle English perpetuitee, perpetuite, perpetuyte, from Old French perpetüité, ultimately from Latin perpetuitās.

Perpetuity in the Encyclopædia Britannica (11th edition, 1911)

(countable, law) A limitation intended to be unalterable and of indefinite duration; a disposition of property which attempts to make it inalienable beyond certain limits fixed or conceived as being fixed by the general law.


admiralty law

(law) The area of law that deals with ships at sea and the rights of sailors, passengers, and owners of cargo.


devisee

(law) The person or entity to whom property is devised in a will.


in forma pauperis

Unadapted borrowing from Latin in fōrma pauperis (literally “in the manner of a pauper”).

ubor

Come, stack arms, Men! Pile on the rails; stir up the campfire bright; no matter if the canteen fails, we'll make a roaring night. Here Shenandoah brawls along, there burly Blue Ridge echoes strong, to swell the Brigade's rousing song, of “Stonewall Jackson’s Way.”
We see him now — the old slouched hat cocked o’er his eye askew, the shrewd, dry smile, the speech so pat, so calm, so blunt, so true. The “Blue-Light Elder” knows ’em well; says he, “That’s Banks — he’s fond of shell; Lord save his soul! We’ll give him” — well, that’s “Stonewall Jackson’s Way.”
Silence! Ground arms! Kneel all! Caps off! Old Blue Light’s going to pray. Strangle the fool that dares to scoff: Attention! 'Tis his way. Appealing from his native sod in forma pauperis to God: “Lay bare thine arm, stretch forth thy rod! Amen!” That’s “Stonewall’s Way.”
He’s in the saddle now. Fall in! Steady, the whole brigade! Hill’s at the ford, cut off — we’ll win his way out, ball and blade! What matter if our shoes are worn? What matter if our feet are torn? “Quick step! We’re with him before the morn!” That’s “Stonewall Jackson’s Way.”
The sun’s bright lances rout the mists of morning, and by George! Here’s Longstreet struggling in the lists, hemmed in an ugly gorge. Pope and his Yankees, whipped before, “Bay’nets and grape!” hear Stonewall roar; “Charge, Stuart! Pay off Ashby’s score!” in “Stonewall Jackson’s Way.”
Ah! Maiden, wait and watch and yearn for news of Stonewall’s band! Ah! Widow read with eyes that burn that ring upon thy hand. Ah! Wife, sew on, pray on, hope on! Thy life shall not be all forlorn. The foe had better ne’er been born that gets in “Stonewall’s Way.”

1862, John Williamson Palmer, Stonewall Jackson's Way

(law) A request to have a court waive filing fees in a civil action because the plaintiff is indigent.


civil action

(law) In the United States, a lawsuit between private parties, including an action by a private person against a government entity, which will be treated as a private party by the court.

(law) In Roman Dutch law, a lawsuit that is not criminal in nature. It may be between the state and a private party. It is usually based in contract, or delict (tort).


defense in abatement

(law) A plea to the effect that from some formal defect (e.g. misnomer, lack of jurisdiction) the proceedings should be abated.


lesser included offense

en-noun

lesser included offense (plural lesser included offenses)

A robbery is an assault combined with a theft; a person can not be criminally charged with both the robbery and the assault that occurred during the robbery; the assault is a lesser included offense.

(law) A crime the elements of which coincide with the elements of a more serious crime, from which the prosecutor is therefore precluded from separately charging a criminal defendant.


mandatory sentence

mandatory sentence (plural mandatory sentences)

(law) A criminal sentence of a predetermined minimum period of time which a judge is required by statute to impose upon a conviction for a crime.


alternative dispute resolution

alternative dispute resolution (countable and uncountable, plural alternative dispute resolutions)

alternative dispute resolutions (plural)

(law) The resolution of a dispute through negotiation, mediation, arbitration, or similar means, as opposed to litigation.

վեճերի այլընտրանքային կարգավորում

resolution of a dispute through negotiation or similar means

mode alternatif de résolution des conflits

裁判外紛争解決手続

さいばんがいふんそうかいけつてつづき


federal question

federal question (plural federal questions)

federal question jurisdiction
federal question jurisdiction

(US, law) a cause of action brought in a court under the United States Constitution or a federal statute. A federal question gives rise to federal question jurisdiction


federal question jurisdiction

federal question jurisdiction (uncountable)

(US, law) The authority that a United States federal court has to hear a cause of action brought under the United States Constitution or federal statutes.


trial by ordeal

trial by ordeal (plural trials by ordeal)

(law) An archaic practice by which a person accused of a crime could prove their innocence by their survival of physically painful tests.


litigation

litigation (countable and uncountable, plural litigations)

/ˌlɪtɪˈɡeɪʃən/

There is ongoing litigation in this matter.

This law firm is known for its litigation practice.

That attorney has been chastised for his litigation behavior.


compos mentis

From Latin compos (“in control, having mastery”) + mentis (“of mind”).

bor

‘[…] you have my hearty consent, sir, to marry the girl whensumdever it’s convenient.’ Dame Mayrose finished her speech with a low courtesy, and Tom Sponge sat like a petrified image. ‘For God’s sake, Mrs. Mayrose, are you compos mentis?’ said he. ‘Please your honour, I don’t understand no foreign languages,’ said the good woman, ‘but my darter tells me you want to make proposhalls.’

1810, [anonymous] […], chapter XXVIII, in Splendid Follies. A Novel, […]. Founded on Facts., volume III, London: […] J[ames] F[letcher] Hughes, […], →OCLC, pages 112–113:

(law) Of sound mind, sane; thus fully accountable (legally and/or morally) for one's deeds.


de facto corporation

en-noun

de facto corporation (plural de facto corporations)

(law) A business entity that is treated as a corporation for certain purposes despite its failure to meet all of the formal requirements imposed by law for a corporation to exist.


baron and femme

[see title]

1719, Baron and Femme: A Treatise of the Common Law Concerning Husbands and Wives …:

[see title]

1816, Tapping Reeve, The Law of Baron and Femme, of Parent and Child, of Guardian and Ward, of Master and Servant, and of the Powers of Courts of Chancery:


holographic will

holographic will (plural holographic wills)

(law) A will that is handwritten by the testator, without the usual formalities of execution.


cause of action

cause of action (plural causes of action)

If someone strikes you, then you have a cause of action for battery.

(law) A condition under which one party would be entitled to sue another.


bluebook

en-verb

bluebook (third-person singular simple present bluebooks, present participle bluebooking, simple past and past participle bluebooked)

bluebooks (present singular third-person)
bluebooking (participle present)
bluebooked (participle past)
bluebooked (past)

After all, the nonmember author who has never participated in the endless chores of bluebooking and typing is more successful than most law review members in writing a piece of publishable quality.

1988, The Hastings Law Journal, Vol. 39, Part 2, page 914:

(law) To format a document, particularly a legal document including citations, according to the rules of the Bluebook, a US style guide.


testamentary

From Middle English testamentarie, from Anglo-Norman testamentarie and Latin testāmentārius (“of or belonging to wills”).

der

Although such letter shall not be interpreted as a testamentary writing, I request that my beneficiaries and executor carry out the requests made in the letter.

(law) of or pertaining to a will or testament


party of the second part

en-noun

party of the second part (plural parties of the second part)

(law, archaic) The party to a legal dispute against whom a complaint was initially raised in a court.

segunda parte

party against whom a complaint was initially raised in a court

(law, archaic) The second party named in a contract, generally the party to whom a duty is initially owed, and who is obligated to perform in response to the performance of that initial duty.


party of the first part

party of the first part (plural parties of the first part)

(law, archaic) The party to a legal dispute who first raised a complaint in a court.

(law, archaic) The first party named in a contract, generally the party agreeing to perform a duty thereunder.


illegality

illegality (countable and uncountable, plural illegalities)

From French illégalité, equivalent to il- + legality or illegal + -ity.

The criminal was aware of the illegality of his act.

In Fraenkel’s defiance of mortality and professionalism and his skill in navigating the triple state lay part of the origins of his idea of the dual state. He answered the illegality in the Nazi prerogative state with his own commitment to illegality in both the resistance and even the legal system itself.

2020, Douglas G. Morris, The Ernst Fraenkel Dilemma, page 208:

When sued for refusing to pay for services provided by a prostitute, the customer raised the defense of illegality.

(law, uncountable) a defense to the validity of a contract because it was in violation of the law


terrier

Borrowed from Anglo-Norman terrier, from Old French terrier (“of earth”, adjective), from Medieval Latin terrarius (“of earth”), from Latin terra (“earth”).

der

(law, historical) A collection of acknowledgments of the vassals or tenants of a lordship, containing the rents and services they owed to the lord, etc.

(law) An inventory (book or roll) in which the lands of private persons or corporations are described by their site, boundaries, number of acres, etc.; a terrar.


officious intermeddler

en-noun

officious intermeddler (plural officious intermeddlers)

(law) A person who voluntarily, and without request or pre-existing legal duty, interjects himself/herself into the affairs of another, then seeks remuneration for services or reimbursement.


service of process

service of process (countable and uncountable, plural services of process)

The process server could not effect service of process because the defendant was nowhere to be found.

(law) The delivery of information to a person or entity providing notice that they are being sued with sufficient detail for them to respond to the suit.

送达

delivery of information providing notice

The court found plaintiff's service of process effective, although the defendant refused to receive the complaint.

(law) The effective notification of a lawsuit such that a court may proceed with the case.


property law

(law) The area of law concerned with the ownership and conveyance of property rights and title.

ejendomsret

area of law concerned with property rights


mala fide

Unadapted borrowing from Latin malā fidē (“in bad faith”).

ubor

Having regard to this dictum it is clear to me that the plaintiff cannot rely on negotiorum gestorum to recover damages. The gestor, ie the plaintiff, did not intend to serve the dominus, ie the defendants. The gestor did not act bona fide in the mistaken belief that he was serving the dominus. It was the plaintiff's evidence that in an attempt to preserve its good name and reputation it was decided to accept the cancellation of the agreement. It is thus clear that the gestor, the plaintiff acted mala fide in its own interest. In my view, the plaintiff cannot succeed on this principle of negotiorum gestorum.

2001, Maritime Motors (PTY) LTD v Von Steiger and another, 2001 (2) SA 584 (SE) @ 600


suitor

From Middle English sutour, from Anglo-Norman suytour, seuter, from Late Latin secutor (“follower, pursuer”).


lay a foundation

en-verb

lay a foundation (third-person singular simple present lays a foundation, present participle laying a foundation, simple past and past participle laid a foundation)

lays a foundation (present singular third-person)
laying a foundation (participle present)
laid a foundation (participle past)
laid a foundation (past)

Figurative senses from the idea of laying a foundation as the first step in constructing a building.

In order to lay a foundation for the witness to describe the murder, the prosecutor first had to show that the witness was present when the murder occurred.

(law) To elicit information from a witness to show that the witness has knowledge of a matter before the witness testifies to the matter itself.


gestor

STANDARD BANK FINANCIAL SERVICES LTD v TAYLAM (PTY) LTD 1979 (2) SA 383 (C) @p388.
his quasi- contractual relationship was brought about where the gestor, acting without a mandate, rendered a service to the dominus - in this instance the debtor - and in doing so acted reasonably and in the interest of the dominus with the intention not only of administering the affairs of the dominus but also of being compensated for such administration.


as of right

He may appeal the ruling as of right.

Parliament shall sit as of right.

The Constitutional Council shall, as of right, carry out such an examination.

But we have been educated, by a warped system, to believe that food is cheap as of right. That is why many of us are now suffering sticker shock when we eat out.

2023 June 10, Tim Hayward, “The pie's the limit”, in FT Weekend, Life & Arts, page 2:

(law) By virtue of an entitlement or authority which arises from certain legal conditions or circumstances; by operation of law.

itse lain nojalla

by virtue of an entitlement or authority which arises from certain legal conditions or circumstances


impleader

(law) A procedural device before trial in which a party joins a third party into a lawsuit because that party is liable to an original defendant.


Campbell

* As a Scottish surname, from Scottish Gaelic Caimbeul, from cam (“crooked”) + beul (“mouth”). Compare Cameron, from Scottish Gaelic cam (“crooked”) + sròn (“nose”).
* As an Irish surname, from Mac Cathmhaoil (“son of Cathmhaol”), see Caulfield, Cowell.
* As an English surname, variant of Camel, probably influenced by the above.
* (duck breed): Developed by Adele Campbell.

(US, law, copyright law, US politics, informal, uncountable) Ellipsis of Campbell v. Acuff-Rose Music, Inc.. A 1994 U.S. Supreme Court case that held that commercial parodies can be subject to fair use.


acceleration clause

en-noun

acceleration clause (plural acceleration clauses)

Joe was mortified to learn that his failure to make a scheduled car payment triggered an acceleration clause requiring that the entire balance due on the car be paid immediately.

(law) a provision in a contract that makes all obligations to be performed under the contract due immediately upon a specific occurrence, such as a breach


plunderage

(maritime law) The embezzlement of goods on shipboard.


pollicitation

(Roman law) A promise without mutuality; a promise which has not been accepted by the person to whom it is made.


distrain

en-verb

distrain (third-person singular simple present distrains, present participle distraining, simple past and past participle distrained)

distrains (present singular third-person)
distraining (participle present)
distrained (participle past)
distrained (past)

From Middle English distreynen, from Old French destraindre, from Latin distringō (“to pull asunder”), from dis- (“apart”) + stringō (“to draw tight, strain”).

to distrain a person by his goods and chattels

(law, transitive, obsolete) To force (someone) to do something by seizing their property.

anektować

(law, intransitive) To seize somebody's property in place of, or to force, payment of a debt.

налагам запор

To seize somebody's property in place of payment of a debt

distress

to seize somebody's property in place of, or to force payment of a debt


solicitor-client privilege

attorney-client privilege
attorney-client privilege#English

(law) Synonym of attorney-client privilege


overrule

overrule (third-person singular simple present overrules, present participle overruling, simple past and past participle overruled)

overrules (present singular third-person)
overruling (participle present)
overruled (participle past)
overruled (past)

/ˌəʊ.və.ˈɹuːl/

(transitive, law) To dismiss or throw out (a protest or objection) at a court.

отхвърлям

to dismiss or throw out a protest at a court


attorney-client privilege

en-noun

attorney-client privilege (countable and uncountable, plural attorney-client privileges)

(law) A legal doctrine that protects certain confidential communications between a lawyer and his or her clients.

律師—客戶特權

law: legal doctrine that protects certain confidential communications between a lawyer and his or her clients


promissory

From Middle English promissorye, from Medieval Latin prōmissōrius.

(law, of a contractual provision) Stipulating the future actions required of the parties to an insurance policy or other business agreement.


prior knowledge

Coordinate term: pre-existing condition

All our policies require a declaration of no prior knowledge as a matter of routine.

(insurance law) Prior to the inception of an insurance policy, knowledge of specific extant circumstances that could reasonably give rise to a claim under that policy.


recompensation

recompensation (countable and uncountable, plural recompensations)

From recompense + -ation. Equivalent to re- + compensation.

(Scotland law, obsolete) A plea in cases of debt collection whereby a plaintiff counters a defendant's claim of compensation as a reason for absolving the alleged debt.


pluralism

pluralism (countable and uncountable, plural pluralisms)

(law) The existence of differing legal systems in a population or area.


frustrated

en-adj

frustrated (comparative more frustrated, superlative most frustrated)

more frustrated (comparative)
most frustrated (superlative)

A frustrated robbery may financially cripple the company or lead it to recover; a frustrated homicide or murder leaves the victim injured or wounded, not killed.

(Philippines, law) (of a felony or serious criminal offense) Imperfect form of execution of a crime in that, despite performing all the acts that should produce it, the crime fails to be consummated.


tortious

tortious (comparative more tortious, superlative most tortious)

more tortious (comparative)
most tortious (superlative)

(law) Of, pertaining to, or characteristic of torts.


laches

From Anglo-Norman laches, from Old French lachesse (“laxness”), from laschier, from Vulgar Latin laxico, frequentative of Latin laxo (“relax, moderate, weaken”).

It ill became him to take advantage of such a laches with the eagerness of a shrewd attorney.

1849–1861, Thomas Babington Macaulay, chapter 15, in The History of England from the Accession of James the Second, volume (please specify |volume=I to V), London: Longman, Brown, Green, and Longmans, →OCLC:

(law) An unreasonable delay in bringing a claim alleging a wrong, which means the person who waited shall not be permitted to seek an equitable remedy because the delay prejudiced the moving party.


third-party claim

en-noun

third-party claim (plural third-party claims)

(law) A derivative lawsuit brought by a defendant in an original lawsuit, claiming that another new party being brought in is responsible for or should share in the plaintiff's damages against the defendant.


lodestar

From Middle English lode (“journey, course”) + star, where lode is an archaic noun from the verb lithe (“to go, journey”), related to lead. Other Middle English spellings include: 14th century loode sterre, lood-sterre, lade-sterne; and 15th century lode sterre. Cognate with Old Norse leiðarstjarna, Dutch leidster, German Leitstern, Danish ledestjerne, Swedish ledstjärna.

Many, though not all, of the objections to lodestars seem to us to be overstated.

1992, Richard L. Marcus, Complex litigation: cases and materials on advanced civil procedure:

(law) A calculated amount to award as attorney's fees derived by multiplying the reasonable number of hours spent working on a case by the reasonable hourly billing rate.


after the fact

/ˌɑːftə ðə ˈfækt/

/ˌæftɚ ðə ˈfækt/


unilateral contract

unilateral contract (plural unilateral contracts)

(law) An agreement in which an offeror's offer can be accepted only by the performance of an act by the offeree; a "promise for a performance".


letters patent

From letters patents (archaic), from Late Middle English lettres patentes, lettres patent (“document or documents granting a privilege, power, or right, making an appointment or decree, etc.”) [and other forms], from Anglo-Norman lettres patentes (the plural of lettre patente), from Latin litterae patentēs, the plural of littera patēns (so called because they were written on open sheets of parchment), from littera (“letter”) + patēns (“accessible, open”) (the present active participle of pateō (“to be accessible or open; to be clear or evident”), from Proto-Indo-European *peth₂- (“to spread out; to fly”)). The English term is analysable as letters + patent (“open, unconcealed; (archaic) open to public perusal”).

nb...

letres patentes, letters patentes, lettirs patentes, lettre patent, lettres patents, patent lettre, patente lettres

compound

(law) A type of legal document in the form of an open letter issued by an authority to direct that some action be taken; to grant a monopoly, right, status, or title to a person or organization; or to record a contract.

patentbrief

英皇制诰 (Yīnghuáng zhìgào, literally “decree of the United Kingdom monarch”)


immovable

en-adj

immovable (comparative more immovable, superlative most immovable)

more immovable (comparative)
most immovable (superlative)

From Middle English immevable, immoveable. Equivalent to im- + movable.

an immovable estate

(law) not liable to be removed; permanent in place or tenure; fixed


drunk driving

(law, automotive, US) The act of driving under the influence of alcohol.

Specifically, the criminal offence of driving with a blood alcohol content (BAC) level higher than the local legal limit.


alter ego

/ˈɔːl.təɹ iːɡəʊ/

From Latin alter ego (literally “other me”).

alter

one identity of a person with dissociative identity disorder

(law) A corporation used by a person to conduct personal business in an attempt to shield himself or herself from personal liability, and which a court may penetrate by "piercing the corporate veil" to impose liability on the person when they commit fraud or injustice.


wobbler

(colloquial, law) A case that could go either way depending on factors that cannot be controlled.

(colloquial, law) A class of crime that can be charged as a lower penalty or a higher penalty, e.g. a crime punishable as either a misdemeanor or a felony at the discretion of the prosecutor.


per procurationem

to per pro (abbreviation)
p.p. (abbreviation)

Borrowed from Latin per procurationem (“by the agency of/on the instruction of/by proxy”).

bor

(law) by the agency of, especially when signing a letter in place of someone else


fair use

en-noun

fair use (countable and uncountable, plural fair uses)

Coordinate term: fair dealing (counterpart in various Commonwealth countries; stricter but akin)

Many commentators have argued that training AI with copyrighted material constitutes “fair use,” the legal doctrine that permits the use of copyrighted material under certain circumstances, enabling parody, quotation, and derivative works that enrich the culture.

2023 August 19, Alex Reisner, “Revealed: The Authors Whose Pirated Books Are Powering Generative AI”, in The Atlantic:

intellectual property
intellectual property

(copyright law) A doctrine in intellectual property law that permits one party to make use of another party's protected intellectual property (such as a copyright or trademark) under narrowly defined circumstances.


sigillum

From Latin sigillum. Doublet of sigil and seal.

(law, historical) A seal (not the animal)


notary public

notary public (plural notaries public or (rare) notaries publics)

notaries public (plural)
notaries publics (plural rare)

Anglo-Norman/Law French, on model of notaire publique, hence the unusual order of adjective following noun, instead of idiomatic English *public notary. Compare attorney general, court martial, fee simple, secretary general, surgeon general.

(law) An officer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts varying from jurisdiction to jurisdiction.


sist

en-verb

sist (third-person singular simple present sists, present participle sisting, simple past and past participle sisted)

sists (present singular third-person)
sisting (participle present)
sisted (participle past)
sisted (past)

Latin sistō (“I bring to a stand, stop”).

der

(law, Scotland) To stay (e.g. judicial proceedings); to delay or suspend; to stop

Some, however, have preposterously sisted nature as the first or generative principle.

1852, William Hamilton, Discussions on Philosophy and Literature, Education and University Reform:

(law, Scotland) to cause to take a place, as at the bar of a court; hence, to cite; to summon; to bring into court


sist

Fourteen Days are only allowed for Sists of Execution, from the Date the Bill was signed, for the Clerks inquiring in the Condition of the Cautioner […]

1693, James Dalrymple Stair, The institutions of the law of Scotland, page 755:

(law, Scotland) a stay or suspension of proceedings


notary

From Middle English notarie, from Old French notarie (French notaire), from Latin notārius.

Originally an official of the medieval European ecclesiastical courts, the notary developed into a noncontentious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root." For one thing, an important aspect of the notary’s duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to English common law; whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties.

1985, Morris Arnold, Unequal Laws Unto a Savage Race: European Legal Traditions in Arkansas, page 19:

Unlike the United States, where a notary public is often a clerk you find working in a bank or real estate office, a Mexican notary has a higher ranking than an ordinary attorney who is not a notary. (In Mexico all notaries are attorneys, but not all attorneys are notaries.)

2007, John Howells, Don Merwin, Choose Mexico for Retirement, 10th edition, →ISBN, page 49:

Although advocates sometimes get involved in drafting instruments, notaries continue to do most of this work in civil law nations.

2007, John Merryman, Rogelio Pérez-Perdomo, The Civil Law Tradition, 3rd edition, →ISBN, page 107:

It is not known whether any Puebla residents did go to the capital to bid for properties in their state because in such cases the purchases would have been formalized before a notary in Mexico City, [...]

2008, Alienation of Church Wealth in Mexico: Social and Economic Aspects, page 63:

(law, especially civil law) A lawyer of noncontentious private civil law who drafts, takes, and records legal instruments for private parties, and provides legal advice, but does not appear in court on his or her clients' behalf.

(common law) A public notary, a legal practitioner who prepares, attests to, and certifies documents, witnesses affidavits, and administers oaths.

The giving of legal advice by notaries and others who are not admitted to practice law is, in its opinion, dangerous to the welfare of the community, because such persons have not demonstrated their capacity [...]

1904, The Bulletin of the Commercial Law League of America, volumes 9-18, page 29:

Although signed by a notary in New York, it lacked a physical description or documentation. It could have been issued to anyone, or resold to anyone willing to change his name.

2001, Christopher H. Pyle, Extradition, Politics, and Human Rights, →ISBN, page 33:

"In 1961, there was a case Torcaso v. Watkins, in which a public notary in Maryland refused to take the oath, “so help me God,” and the court said he wasn't required to acknowledge God [although] the Maryland law said you were."

2004, Richard J. Rolwing, My Daily Constitution, volume IV, →ISBN, page 182:

This was completely unofficial, of course, since a notary in Vermont can only swear in people who plan to be working in Vermont, and they might as well have stayed in bed, but for a public relations ploy you couldn't beat it, […]

2007, Barbara Holland, Hail to the Chiefs, →ISBN, page 175:

(law, Canada, US) A notary public, a public officer who serves as an impartial witness to the signing of important documents, but who is not authorised to practise law.


dilution

en-noun

dilution (countable and uncountable, plural dilutions)

trademark dilution
trademark dilution#English

(copyright law) Short for trademark dilution.


adjudication

adjudication (countable and uncountable, plural adjudications)

Borrowed from Latin adiudicatio, adiudicationem.

In case two or more petitions for adjudication of bankruptcy shall be filed in different districts by different members of the same copartnership for an adjudication of the bankruptcy of said copartnership , the court in which the petition is first filed having jurisdiction[…]

1869, Benjamin Vaughan Abbott, A Treatise Upon the United States Courts, and Their Practice:

(law) The decision upon the question of whether the debtor is a bankrupt.

(law, Scotland) A process by which land is attached as security or in satisfaction of a debt.


calendar call

(law) A hearing at which a judge will require all attorneys with cases pending before the court to appear so that the court may schedule hearings and trials.


double jeopardy

(law) The act of trying someone twice for the same offense, especially after an acquittal in the first trial.

雙重追訴

ertsa da imave današaulistvis sisxlis samartlis orǯer ṗasuxisgeba

ერთსა და იმავე დანაშაულისთვის სისხლის სამართლის ორჯერ პასუხისგება

sisxlis samartlis ṗasuxisgebaši orǯer micema erti da igive današaulistvis

სისხლის სამართლის პასუხისგებაში ორჯერ მიცემა ერთი და იგივე დანაშაულისთვის

risk dváždy ponestí ugolóvnuju otvétstvennostʹ za odnó i tó že prestuplénije

риск два́жды понести́ уголо́вную отве́тственность за одно́ и то́ же преступле́ние


countersign

From Middle French contresigne. Equivalent to counter- + sign.

(law) A second signature added to a document to affirm the validity of the signature of the first person.


aliunde

a case proved aliunde

evidence aliunde

(law) From another source; from elsewhere.


driving under the influence

driving under the influence (uncountable)

(law, automotive) Operating a motor vehicle while impaired due to the consumption of drugs or alcohol.


presumption

presumption (countable and uncountable, plural presumptions)

Borrowed from Middle French presumption, from Old French presumption, from Latin praesumptiō.

The state, in the exercise of its general power to prescribe rules of evidence, may provide that proof of a particular fact, or of several facts taken collectively, shall be prima facie evidence of another fact when there is some rational connection between the fact proved and the ultimate fact presumed. The legislative presumption is invalid when it is entirely arbitrary, or creates an invidious discrimination, or operates to deprive a party of a reasonable opportunity to present the pertinent facts in his defense.

Bandini Petroleum Co. v. Superior Court, 284 U.S. 8, 18–19 (1931)

(law) An inference that a trier of fact is either permitted or required to draw under certain factual circumstances (as prescribed by statute or case law) unless the party against whom the inference is drawn is able to rebut it with admissible, competent evidence.

vermoeden

legal inference based on a rule or policy of law regardless of the facts


seriatim

/sɪəɹɪˈeɪtɪm/

/sɛɹɪˈeɪtɪm/

From Medieval Latin seriatim, from Latin seriēs (“row, chain”) + -ātim, adverbial suffix.

a seriatim review

The argument will also be the first test of the court’s announced hybrid system for oral argument, involving both the usual free-for-all questioning that was missing from the telephone arguments, and one round of seriatim questioning at the end of each arguing attorney’s presentation.

2021 October 4, Mark Walsh, “A View from the courtroom: In-person arguments come out of storage”, in SCOTUSblog:

(chiefly law) Point by point; sequential.


casebook

From case + book. First use appears c. 1675.

(US, law) A kind of book, used in law schools, containing the text of court opinions in legal cases accompanied by analysis and related materials.


golden rule

statutory interpretation
statutory interpretation

(law, England and Wales, idiomatic) A method of statutory interpretation, whereby a judge will deviate from a literal interpretation of the law to the extent necessary to circumvent obvious absurdities or (sometimes) conclusions repugnant to public policy.


2L and 3L programs in moot court and trial advocacy are optional.

2001, Eric Owens, Complete Book of Law Schools, 2002 Edition, page 254:

During 2L year Charles was the spokesperson for a highly visible committee of graduate and undergraduate students...

2003, Richard Harrison et al., Working on Mysteries: The Coming of Age, page 26:

Almost every interviewer you'll see during 3L recruiting will ask you whether you received an offer from your 2L firm...

2004, Robert Harrax Miller, Law School Confidential: A Complete Guide to the Law School Experience, page 373:

When I told a group of 2L friends of mine about my fate my first day, they reminisced in minute detail about the first individual to be called on in their section a year earlier.

1999, Broken Contract: A Memoir of Harvard Law School, page 13:

Few activities are more fulfilling to 2Ls and 3Ls than giving advice to new students.

2001, Andrew J. McClurg, The Law School Trip: The Insider's Guide to Law School, page 56:

...it's up to the 2L member editors to make sure that an article's footnotes are accurately and correctly cited.

2003, Jungle Media Group, The JD Jungle Law School Survival Guide, page 69:

Many law schools assign 1L’s a 2L or 3L as a mentor for the 1L to learn from.

2005, J. Keith Essmyer, Jr., Stress, Tests, and Success: The Ultimate Law School Survival Guide, iUniverse, →ISBN, page 31:

The top of the 2L class landed some summer associate positions at all but the most prestigious firms in DC...

2007, Vault Editors, The Law School Buzz Book, page 297:

(law) A law student in the second year of law school.


uno flatu

/ˈuːnəʊ ˈflɑːtuː/

Borrowed from Latin ūnō flātū (“in one breath”, “at one blast”), ablative of time-within-which of ūnus flātus (“a single blast of wind or expulsion of breath”).

bor

For quotations using this term, see Citations:uno flatu.

(law) At once, at one blast, at the same moment, contemporaneously, simultaneously.


of even date

SIR,— Our client, Mr. Robert Ferguson, of Ferguson & Muirhead, tea brokers, of Mincing Lane, has made some inquiry from us in a communication of even date concerning vampires.

1924, Arthur Conan Doyle, The Adventure of the Sussex Vampire, Norton, published 2005, page 1555:


palm tree justice

According to the Chambers Dictionary (Edinburgh: Chambers Harrap, 1998) the phrase is “from the old Arabic or Jewish idea of a wise man dispensing justice under a palm tree.” Thus: “And she dwelt under the palm tree of Deborah between Ramah and Bethel in mount Ephraim: and the children of Israel came up to her for judgment.” (Judges 4:5)

[…] vary agreed or established rights to property in an endeavor to achieve a kind of palm tree justice […]

1965, National Provincial Bank v. Hastings Car Mart, [1965] 8. W.L.R. 1 at p. 11, per Lord Hodson

(law, derogatory) A pragmatic approach to justice that is entirely discretionary and transcends legal rights or precedent, enabling the court to make such order as it thinks fair and just in the circumstances of the case.


lemon law

You should consult the applicable lemon laws and see if you have grounds for a return or replacement.

(law, idiomatic) A law dealing with defective items, especially automobiles, and consumers' rights.


minimum contacts

personal jurisdiction
personal jurisdiction

(law) In United States civil procedure, the contact required between a party and a state in order for the courts of that state to constitutionally assert personal jurisdiction over that party.


tax protester

It is readily apparent that Hattman's appeal and "petitions" in this Court, as well as his petition for redetermination filed in the Tax Court, are nothing other than the thinly veiled arguments of a tax protester. These types of tax protester arguments have been rejected as patently frivolous, and require no additional analysis here.

Hattman v. Commissioner, NO. 05-1376 (3d Cir. 2005) (per curiam)

Some people believe with great fervor preposterous things that just happen to coincide with their self-interest. Tax protesters have convinced themselves that wages are not income, that only gold is money, that the Sixteenth Amendment is unconstitutional, and so on. These beliefs all lead--so tax protesters think--to the elimination of their obligation to pay taxes.

Coleman v. Commissioner, 791 F.2d 68, 69 (7th Cir. 1986)

(law) In the United States, a person who denies the obligation to pay a tax for which the government has determined that person is liable, based on a belief that the government lacks the legal authority to impose taxes.


subject matter jurisdiction

The divorce court was overturned when it rendered a criminal conviction against a party, because it lacked the subject matter jurisdiction to hear a criminal case.

(law) In the law of civil procedure, the ability of a court to hear a case based on the authority granted to the court to hear that particular type of case.


personal jurisdiction

en-noun

personal jurisdiction (countable and uncountable, plural personal jurisdictions)

(law) in the law of civil procedure, the ability of a court to hear a case brought against a party stemming from that party's presence, activities, or contacts within a specified set of geographical boundaries, usually the borders of a county, state, or nation.


excuss

en-verb

excuss (third-person singular simple present excusses, present participle excussing, simple past and past participle excussed)

excusses (present singular third-person)
excussing (participle present)
excussed (participle past)
excussed (past)

Borrowed from Latin excussus, past participle of excutere (“to shake off”).

(transitive, law) To seize and detain by law.

The surety claimed relief in terms of the beneficium excussionis, thus obliging the creditor to excuss against the principal debtor.

(law) To proceed against a principal debtor where there are either joint debtors or debtors and sureties.


attorn

attorn (third-person singular simple present attorns, present participle attorning, simple past and past participle attorned)

attorns (present singular third-person)
attorning (participle present)
attorned (participle past)
attorned (past)

From Middle English attournen, from Old French atorner (“designate”), from a- (“to”) + torner (“turn”).

(intransitive, law) To transfer one's obligations from one person to another person.

(intransitive, law) To consent to the transfer of one's obligations as tenant under a lease to a new landlord.

(intransitive, law) To acknowledge the jurisdiction of (a particular court) over one's dispute.


voetstoots

Dutch met de voet te stoten: to kick. Through Afrikaans.

(South Africa, law) Descriptive of a sale without guarantees where the thing is sold as is or with all its faults.


voetstoots

(South Africa, law) Sold in this manner.


statement of claim

en-noun

statement of claim (plural statements of claim)

(law) A statement issued in civil court proceedings by a plaintiff. It sets forth the complaints against the defendants, and the prayers for relief from the court.


presumptive

en-adj

presumptive (comparative more presumptive, superlative most presumptive)

more presumptive (comparative)
most presumptive (superlative)

PIE word
 *upó
From Late Middle English presumptif, presumptijf (“based on presumption”), from Anglo-Norman presumptif and Middle French presumptif, présomptif (“based on presumption; of an heir or heiress: presumed to be entitled to inherit unless someone with a superior entitlement is born; presumptuous”) (modern French présomptif), and directly from their etymon Late Latin praesumptivus (“based on presumption; bold; insolent”), from Latin praesūmptus (“presumed”) + -īvus (suffix forming adjectives). Praesūmptus is the perfect passive participle of praesūmō (“to presume”), from prae- (prefix meaning ‘before; in front’) + sūmō (“to seize, take; to accept, presuppose; to undertake”) (ultimately from Proto-Indo-European *h₁em- (“to distribute; to take”)).

предполагаем

based on presumption or conjecture — see also presumed

The perſon in this ſituation [having a mere right of property without possession or the right of possession of the property] may have the true ultimate property of the lands in himſelf: but by the intervention of certain circumſtances, either by his ovvn negligence, the ſolemn act of his anceſtor, or the determination of a court of juſtice, the preſumptive evidence of that right is ſtrongly in favour of his antagoniſt; vvho has thereby obtained the abſolute right of poſſeſſion.

1766, William Blackstone, “Of the Title to Things Real, in General”, in Commentaries on the Laws of England, book II (Of the Rights of Things), Oxford, Oxfordshire: […] Clarendon Press, →OCLC, page 197:

Though we had seen no land since leaving Calloa, Cape Horn was said to be somewhere to the West of us; and though there was no positive evidence of the fact, the weather encountered might be accounted pretty good presumptive proof.

1850, Herman Melville, “Edging Away”, in White Jacket; or, The World in a Man-of-War, volume I, London: Richard Bentley, […], →OCLC, pages 182–183:

(often law) Chiefly in presumptive evidence: providing a reasonable basis for a certain presumption or conclusion to be drawn.


semble

en-verb

semble (third-person singular simple present sembles, present participle sembling, simple past and past participle sembled)

sembles (present singular third-person)
sembling (participle present)
sembled (participle past)
sembled (past)

From Middle English semblen, from Old French sembler (“to resemble”).

(law, third-person singular only) It seems; it appears that


sunshine agenda

en-noun

sunshine agenda (plural sunshine agendas)

(US, government, law) An agenda on which an item has been placed for which the decision-making body will not entertain discussion or commentary.

(US, government, law) A public agenda on which an item for decision has been placed for which the decision-making body will not entertain commentary, discussion or influence during a certain defined time-frame prior to the decision, in order to give the body "a period of repose" in which to make decisions.


feme sole

From Anglo-Norman feme (“woman”) sole (“alone”).

To Mary Smith, an adult feme sole, you are hereby summonsed...

(law) A single woman, whether unmarried, spinster, widow or divorcee.


feme covert

feme covert (plural femes covert or femes coverts)

femes covert (plural)
femes coverts (plural)

From Anglo-Norman feme (“woman”) covert (“covered, protected”).

[…]—you, Diana Vernon, spinstress, not being a femme covert; and being a convict popish recusant, are bound to repair to your own dwelling, and that by the nearest way, under penalty of being held felon to the king—[…]

1817 December 31 (indicated as 1818), [Walter Scott], chapter IX, in Rob Roy. […], volume I, Edinburgh: […] James Ballantyne and Co. for Archibald Constable and Co. […]; London: Longman, Hurst, Rees, Orme, and Brown, →OCLC, pages 213–214:

A deed of a feme covert, to be valid, must be executed by the husband also.

1851, Thomas W Waterman, American Chancery Digest, volume II:

Connecticut courts failed to recognize feme couvert property rights until 1723, when the legislature finally passed an act significantly reforming the law on conveyancing.

1986, Marylynn Salmon, Women and the Law of Property in Early America:

(law, now chiefly historical) A married woman.


real property

real property (usually uncountable, plural real properties)

(law) Synonym of real estate, land, buildings, etc. as property.


MRA

mutual recognition agreement
mutual recognition agreement#English

(international trade, law) Initialism of mutual recognition agreement.


cabotage

cabotage (countable and uncountable, plural cabotages)

/ˈkæbətɪd͡ʒ/

Borrowed from French cabotage (“coasting trade”), from caboter (“to travel by the coast”). It originally (16th c.) referred to restrictions allowing only French ships to trade or transport between French ports. Other countries adopted this concept and extended it to land and air travel.

Cabotage, used as a legal term, here refers to the right to transport goods or passengers between ports of a country.

2002, Kevin Colin Ingram, Xingang Li, Maritime Law and Policy in China, page 19:

(law) The right to engage in such transport.


mortification

mortification (countable and uncountable, plural mortifications)

honor

antonym(s) of “a sensation of extreme shame”

/ˌmɔːtɪfɪˈkeɪʃən/

From Middle French mortification, from Old French, from Latin mortificatio.

(law, Scotland) A bequest to a charitable institution.


legitim

(law) Common in Continental Law jurisdictions, a portion of property fixed by law, which a testator with issue is bound to bequeath to his children.


par delictum

From Latin in pari delicto potior est conditio defendentis (“if both (parties) are in the wrong, a defence is set up”).

uder

The 'clean hands doctrine', derived from English law, is similar in effect to the Roman law maxim in pari delicto potior est conditio defendentis, which operated as an absolute bar to the grant of relief to the plaintiff. The par delictum rule is concerned with the moral guilt of contracting parties, not their criminal liability.

(law) The par delictum rule prescribes that a party should not obtain satisfaction from a court of law with where his own conduct is wrongful.


down payment

(law, finance) A payment representing a fraction of the price of something being purchased, made to secure the right to continue making payments towards that purchase.


binder

From Middle English byndere; equivalent to bind + -er.

(law) A down payment on a piece of real property that secures the payor the right to purchase the property from the payee upon an agreement of terms.

voorschot

law: down payment on a piece of real property


uttering

The girl using a fake ID to enter a bar was guilty of uttering.

If two jointly prepare counterfeit coin, and utter it in different shops apart from each other, but in concert, and intending to share the proceeds, the utterings of each are the joint utterings of both, and they may be convicted jointly.

1881, Ephraim Arnold Jacob, Robert Alexander Fisher., An Analytical Digest of the Law and Practice of the Courts of Common Law:

(law) The crime of knowingly presenting forged documentation.


commandment

en-noun

commandment (countable and uncountable, plural commandments)

Inherited from Middle English comaundement, from Old French comandement, from comander. See command.

inh+

(law) The offence of commanding or inducing another to violate the law.


pound the table

en-verb

pound the table (third-person singular simple present pounds the table, present participle pounding the table, simple past and past participle pounded the table)

pounds the table (present singular third-person)
pounding the table (participle present)
pounded the table (participle past)
pounded the table (past)

There's an old legal aphorism that goes, "If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table."

(figuratively, law) To base an argument on bluster or rhetoric when unsupported by more substantive elements.


attachiamenta de spinis et boscis

(law, dated) An ancient privilege granted to forest officers to take for their own any thorns, brushwood, and windfalls within their own precincts.


dedans

(court tennis) A division, at one end of a tennis court, for spectators.


exceptio non numeratae pecuniae

Latin phrase.
exceptio (“an exception”) + non (“not (having)”) + numero - atis ("to count") + pecunia (“money”).

In my opinion a defendant in an action for provisional sentence on a mortgage bond who has renounced the benefit of the exceptio non numeratae pecuniae is not debarred either in the provisional case or in the principal case from raising the defence that he did not receive the money in respect of which he had acknowledged his indebtedness. The benefit of the exception is to enable a defendant to place upon the plaintiff the onus of proving that the money was paid; by renouncing the benefit, the defendant takes the onus of proof upon himself.

COHEN v LOUIS BLUMBERG (PTY), LTD AND ANOTHER 1949 (2) SA 849 (W)

(law) An exception whereby a defendant can claim that the plaintiff has not paid the money to him and that therefore the obligation is not owing.


ministerial

en-adj

ministerial (comparative more ministerial, superlative most ministerial)

more ministerial (comparative)
most ministerial (superlative)

Borrowed from Middle French ministeriel. Doublet of minstrel and ministerialis.

Filling out the form under the direction of a lawyer is a ministerial task performed by a legal secretary.

(especially law) Serving as an instrument or means (i.e., procedural or ancillary, not substantive).


exceptio metus

From a shortening of exceptio quod metus causa.

(law) An exception based on the fact that the underlying cause of action was based on duress or intimidation by the plaintiff of the defendant.


exceptio quod metus causa

From Latin exceptio (“exception”) quod (“based on”) metus (“duress”) causa (“a cause (of action)”).

It appears that in that Court, the defence stressed by appellant's counsel was the exceptio quod metus causa and it was to that defence that the learned Judge-President mainly directed himself.

1974, SHEPSTONE v SHEPSTONE 1974 (2) SA 462 (N):

Reverting to the defence raised by first defendant, it is clear that a contract may be vitiated by duress (metus), the raison d'etre of the rule apparently being that intimidation or improper pressure renders the consent of the party subjected to duress no true consent at all. ]

[ 1974, AREND AND ANOTHER v ASTRA FURNISHERS (PTY) LTD 1974 (1) SA 298 (C)

(law) The exceptio metus; an exception based on the fact that the underlying cause of action was based on duress or intimidation by the plaintiff of the defendant.


naturalism

en-noun

naturalism (countable and uncountable, plural naturalisms)

From natural + -ism. Compare French naturalisme.

(politics, law) The belief in natural law.


surcharge

/ˈsɜː(ɹ)t͡ʃɑː(ɹ)d͡ʒ/

From Middle French surcharge, from Old French. By surface analysis, sur- + charge. Doublet of supercharge.

(law) A charge that has been omitted from an account as payment of a credit to the charged party

kuittaus

law: charge omitted from an account as payment

(law) A penalty for failure to exercise common prudence and skill in the performance of a fiduciary's duties.

пеня́

law: penalty for failure to exercise common prudence as fiduciary

(law, obsolete) The putting, by a commoner, of more animals on the common than he is entitled to.


surcharge

en-verb

surcharge (third-person singular simple present surcharges, present participle surcharging, simple past and past participle surcharged)

surcharges (present singular third-person)
surcharging (participle present)
surcharged (participle past)
surcharged (past)

/ˈsɜː(ɹ)t͡ʃɑː(ɹ)d͡ʒ/

Another diſturbance of common is by ſurcharging it; or putting more cattle therein than the paſture and herbage will ſuſtain, or the party hath a right to do.

1768, William Blackstone, “Of Disturbance”, in Commentaries on the Laws of England, book III (Of Private Wrongs), Oxford, Oxfordshire: […] Clarendon Press, →OCLC, page 237:

(law) To overstock; especially, to put more cattle into (e.g. a common) than one has a right to do, or more than the herbage will sustain.


dematerialization

en-noun

dematerialization (countable and uncountable, plural dematerializations)

/diːməˌtɪəɹɪəlaɪˈzeɪʃən/

(finance, law) The substitution of paper-form securities by book-entry securities.


holograph

(law, textual criticism) A handwritten document that is solely the work of the person whose signature it bears, especially a letter, deed, or will; an original manuscript, a protograph.

eigenhändig verfasstes, handschriftliches Dokument


gag order

LL-Q1860 (eng)-Flame, not lame-gag order.wav

Nonetheless, Mr. Trump has continued apace with comments that test the limits of what he can say. Two days after the hearing, prosecutors offered four new instances in which they said he had violated the gag order.

2024 April 28, Maggie Haberman, Jonah E. Bromwich, “Trump’s Trial Could Bring a Rarity: Consequences for His Words”, in The New York Times, →ISSN:

(law) An order issued by a court prohibiting specified persons from discussing a case outside limitations set by the court.


commission de bene esse

commission de bene esse (plural commissions de bene esse)

From Latin de bene esse (“for the good cause”).

der

(law) A commission appointed to take evidence by deposition where the deponent is unwilling or unable to come to court and the court cannot compel the witness/deponent.


of age

One must be 18 years of age to be an eligible voter in most countries.

(formal, idiomatic, law, usually literary) Having existed for a certain period of time; used in referring to a person's age.


relevancy

en-noun

relevancy (countable and uncountable, plural relevancies)

(law, Scotland) Sufficiency (of a statement, claim etc.) to carry weight in law; legal pertinence.


spoliation

spoliation (countable and uncountable, plural spoliations)

From Latin spoliātiō, from spoliāre + -tiō, from spolium (“skin, hide, fell”) + -āre.

(law) The intentional destruction of or tampering with (a document) in such way as to impair evidentiary effect.


drink-driving

A reformed alcoholic with an “appalling” history of drink-driving between three and five times the legal limit was jailed yesterday.

2008 June 26, Rae Wilson, “Ex-alcoholic jailed for repeat drink-driving”, in Sunshine Coast Daily, Australia:

(chiefly UK, Ireland, Commonwealth, law) A criminal offence committed by a person who operates a vehicle when the measured amount of alcohol in his or her blood exceeds the legal limit.


drink-driver

A drink driver is anyone who is over the legal alcohol limit for driving.

2008, “Drink driving”, in Kent County Council, UK, retrieved 2008-06-26:

(chiefly British and Australia, law) A person who operates a motor vehicle when legally intoxicated.

spritbilist

person who operates motor vehicle when drunk


disafforestation

disafforestation (countable and uncountable, plural disafforestations)

From post-classical Latin disafforestatio (13th cent.), from the participial stem of Latin disafforestare.

Disafforestation and enclosure could thus be regarded as a national duty, a kindness in disguise to the idle poor, as well as of more immediate benefit to the rich encloser.

1972, Christopher Hill, The World Turned Upside Down, Folio Society, published 2016, page 37:

(law, now historical) The change in the legal status of an area from forest to that of normal land, entailing the loss of forest laws.


imputable

(law) Accusable; culpable; chargeable with fault.


roukoop

Afrikaans rouw (“to regret, to rue”) + koop (“to buy”).

The applicant was called upon, within 14 days, to make payment in full of all amounts owing, failing which, it was said, the deed of sale would be cancelled and all amounts paid would be retained by way of liquidated damages or "roukoop".

1971, ANDREWS v LIDAKS AND ANOTHER 1971 (1) SA 892 (W)

As applicant, however, still failed to pay his monthly instalments the respondent had, for this reason, cancelled the contract in terms of the cancellation clause of the deed of sale which provided that the seller was entitled to retain all payments as roukoop or as agreed pre-estimated damages sustained by the seller, and also to claim money in arrear.

1978, SHIRLEY v VIRGILIA TRUST (EDMS) BPK 1978 (2) SA 357 (T)

(law, South Africa) Genuine pre-estimated damages on the cancellation of a sale or lease, usually relating to immovable property.


guaranty

From Old French guarantie, from Old French guarantie (“protection, defense”), from Old French garantir, guarantir (“to warrant, vouch for something”), from Old French garant, guarant, warant (“a warrant; warranter, supporter, defender, protector”), from Frankish *warand, *warjand (“a warrant”), from Frankish *warjan (“to fend for, designate something as true, vouch for”), from Proto-Germanic *warjaną (“to defend, protect”), from Proto-Indo-European *wer- (“to close, cover, protect, save, defend”). Cognate with Middle Low German warent, warend (“a warrant”), German gewähren (“to grant”). More at warrant. Doublet of guarantee and warranty.

der

(law) An undertaking to answer for the payment of some debt, or the performance of some contract or duty, of another, in case of the failure of such other to pay or perform; a warranty; a security.

garantiaĵo

undertaking to answer for payment, performance of contract, etc.


facially

The law will be repealed if it is found to be facially unconstitutional.

(law, of a law or regulation's validity) In a facial manner; on its face.


enjoin

en-verb

enjoin (third-person singular simple present enjoins, present participle enjoining, simple past and past participle enjoined)

enjoins (present singular third-person)
enjoining (participle present)
enjoined (participle past)
enjoined (past)

From Middle English enjoinen, from Old French enjoindre (“to join with”), from Latin iniungo (“to attach”), a compound of in- (“into” “upon”) and iungo.

In 1983, BLM was enjoined by court order from using any herbicides in its Medford, Oregon District. Subsequent court action in 1984 enjoined BLM from the use of herbicides throughout Oregon and the U.S. Forest Service was similarly enjoined throughout Region 6 (Pacific Northwest).

1989, U.S. Department of the Interior, chapter 1, in Western Oregon Program-Management of Competing Vegetation: Proposed Record of Decision, Bureau of Land Management, page 9:

the judicial power of the United States had no power to enjoin the executive branch of the government from the execution of a constitutional duty or of a constitutional law

1826, James Kent, Commentaries on American Law:

(transitive, law) To prohibit or restrain by a judicial order or decree; to put an injunction on.

забранявам

to prohibit or restrain by judicial order


movant

(law) The party who moves for the judge to rule in favor of a motion.


retour

(law, Scotland) An extract from chancery of the service of an heir to his ancestor.


decedent

From Latin decedens, present active participle of decedere (“to depart, die”).

“A check of the nightstands revealed large amounts of prescription medication in the decedent’s name,” the coroner’s notes said, according to TMZ.com.

2009 December 22, New York Post, “‘Dangerous drug mix’ likely killed Brittany”, in The Herald Sun:

A 2020 study found that MAiD recipients in Ontario tended to be wealthier, less likely to be in institutional care, and more likely to be married than the average Ontario decedent.

2023 January 10, Sara Miller Llana, Whitney Eulich, Dominique Soguel, “As assisted dying broadens, countries wrestle with new ethical lines”, in The Christian Science Monitor: