proximate cause

proximate cause (plural proximate causes)

(law) An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred.

adækvans

event without which an injury would not have occurred


nemine contradicente

From Latin nemine contradicente (“with nobody contradicting”).

uder

The patents of 9, 13, The 2 proclamations, the Indenture and proclamations of 16 et 18, both in the creation, makynge, grantyng, and execution, by question (nemine contradicente) found greevances.

1621, The House of Commons of the Great Britain Parliament, Commons Debates, 1621, page 279:

75. On the 11ᵗʰ of May, 1759, the Lords amend a turnpike road Bill, by inſerting a clauſe, “That no gate ſhall be erected within a mile of Enſham Ferry”. The conſideration of this amendment is reſolved, nemine contradicente, to be put off for a month.

1796, John Hatsells, Precedents of Proceedings in the House of Commons: With Observations, page 102:

It was so evident that even now he had everything to learn. He did not know there were physical laws and economic laws, quantities and reactions that all humanity voting nemine contradicente cannot vote away, and that are disobeyed only at the price of destruction.

1904, H. G. Wells, The Food of the Gods and How It Came to Earth:

Near twelve millions have been granted this year, not only nemine contradicente, but nemine quicquid dicente.

1912, Charles Stokes Carey, Letters Written by Lord Chesterfield to His Son, page 306:

Under the patronage of Titus and Jones the vote of the previous House was now read, and passed nemine contradicente for the first time.

2002, Jonathan Scott, Algernon Sidney and the Restoration Crisis, 1677–1683, page 67:

(law, archaic) With nobody contradicting; by consensus; without dissent.


en banc

From French en banc, literally "on a bench".

(law) As a group, particularly with respect to a legal decision rendered by all of the judges sitting on a court, rather than by a smaller panel of judges from that court.


non-binding

A non-binding vote on the Government's decision to scale back plans for HS2 and Northern Powerhouse Rail [...] took place in the House of Commons on December 8.

2021 December 29, “Labour demands NPR action after "rail betrayal"”, in RAIL, number 947, page 7:

(law) That does not bind the participants


moot court

(law) In law school, an activity wherein students compete by making arguments with respect to a hypothetical case, or a case that has already been decided by an actual court.

(law) A law school organization which organizes such competitions and prepares competitors.


clerkship

en-noun

clerkship (countable and uncountable, plural clerkships)

(law) A temporary job of assisting a judge in writing legal opinions, generally available to a beginning attorney for one to two years.


law review

(law) A scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association.

Joe has an excellent publication record - he has two books, a law review, and a regular magazine article under his belt.

(law) An article published in such a journal.

Students compete in various ways to be able to join the law review.

(law) The student organization responsible for publishing such a scholarly journal.


moral turpitude

Here we see that both Lord TENTERDEN and Lord WYNFORD apply the test of moral turpitude to crime when considering the degree of punishment that ought to be annexed to it.

1836, The Punishment of Death: A Selection of Articles from the Morning Herald:

In their efforts to achieve a satisfactory definition of moral turpitude, the courts have been faced with the problem of arriving at a definition that is restrictive enough to facilitate application to a particular fact situation and yet not so broad as to distort the statutory intent. In this context moral turpitude is generally defined as a base or vile act that violates the accepted social relationship among men. This definition, however, is not completely satisfactory, and the courts generally base their decision upon the fact situation involved in the particular case. Moreover, this procedure has not been conductive to obtaining uniformity among the various jurisdictions.

1959, David H. Kleiman, "Tax Evasion and Moral Turpitude", 49 Journal of Criminal Law, Criminology and Police Science 145 at 146

In characterizing moral turpitude, courts have consistently returned to themes traditionally associated with the concept of immorality. Typically included offenses are fraud, deceit, dishonesty, misrepresentation for the purpose of financial gain, and corruption, as well as offenses involving sexual misconduct and murder. In addition, many courts require a finding of knowledge or intent. However, the rationales which courts use to reach a finding of moral turpitude vary among the jurisdictions.

1988, John T. Burnett, "Attorney Discipline under DR 1-102(A)(3): Imposing Sanctions Absent a Finding of Moral Turpitude", (1988) 13 Journal of the Legal Profession 245

In fact, one view expressed at the time was that work on the farm was free from the moral turpitude of city sweatshops and that farm labor taught children valuable lessons and skills.

1998, Charles Jeszeck, Child Labor in Agriculture:

When Mr. Marsden, the mill's overseer, tells the superintendent of the factory that Lyddie did not have moral turpitude. (Book set in the 1800's during the time of the mills and Industrial Revolution)

(law) Any base or vile conduct, contrary to accepted morals, that sometimes accompanies a crime


learned treatise

learned treatise (plural learned treatises)

(law) A text that is sufficiently well received in its field that it may overcome a hearsay objection and be admitted into evidence in a court of law.


sublicensee

(law) A person to whom a sublicense is granted.


sublicensor

(law) A licensee that grants a sublicense to another.


licensor

(law) A party that grants a license to another.

լիցենզատու

a party that grants a license to another


sublicense

Joe received a license from McDonald's to develop twenty McDonald's restaurants in Dearborn, which included permission to grant a sublicense to the individual restaurant managers.

(law) A license granted by a licensee to a third party, under the authority of the license originally granted by a licensor to the licensee.


sublicense

en-verb

sublicense (third-person singular simple present sublicenses, present participle sublicensing, simple past and past participle sublicensed)

sublicenses (present singular third-person)
sublicensing (participle present)
sublicensed (participle past)
sublicensed (past)


in pari materia

canon of construction
canon of construction

(law) A canon of construction holding that the meaning of an ambiguous law can be determined in light of other statutes on the same subject matter.


unconstitutionality

en-noun

unconstitutionality (countable and uncountable, plural unconstitutionalities)

Coordinate term: anticonstitutionality

I have heard again and again, remonstrances have been addressed to me more than once, because of the condemnation which Democratic speakers so continually utter about the unnationality as well as the unconstitutionality of the Republican party.

1858, Jefferson Davis, quoting Caleb Cushing, The Rise and Fall of the Confederate Government, New York, N.Y.: D. Appleton and Company, published 1881, page 551:

(law) The status of being unconstitutional, or of not being in accord with the provisions of a constitution.


constitutionality

constitutionality (usually uncountable, plural constitutionalities)

(law) The status of being constitutional; of being in accord with the provisions of the appropriate constitution.


agreement in principle

agreement in principle (plural agreements in principle)

(law) A legally enforceable, but incompletely specified, agreement between parties that identifies the fundamental terms that are intended to be or are agreed upon.


get life

en-verb

get life (third-person singular simple present gets life, present participle getting life, simple past got life, past participle (UK) got life or (US) gotten life)

gets life (present singular third-person)
getting life (participle present)
got life (past)
got life (UK participle past)
gotten life (US participle past)

(law, informal, idiomatic) To receive a life sentence.


domiciliary

From French domiciliaire, from Medieval Latin domiciliārius, from Latin domicilium (“dwelling”).

Joe travels all over the country, but he is a domiciliary of New York.

(law): A person who legally resides in a particular place.


life sentence

(law) A sentence of imprisonment for the remainder of the defendant's life.

سَجْن مَدَى اَلْحَيَاة

sentence of imprisonment for the rest of the defendant's life


death sentence

Tyrion’s tears contain the symbolic weight of his whole life; he wouldn’t be here if not for Jaime, as he admits, and his last hope is to give the man who risked everything to help him survive the same chance. Tyrion knows it’s a death sentence from Daenerys to betray her in this way, but he no longer cares.

2019 May 12, Alex McLevy, “Westeros faces a disastrous final battle on the penultimate Game of Thrones (newbies)”, in The A.V. Club, archived from the original on 2019-05-15:

Comrades, here and now I pronounce the death sentence upon Snowball.

1943 November – 1944 February (date written; published 1945 August 17), George Orwell [pseudonym; Eric Arthur Blair], Animal Farm […], London: Secker & Warburg, published May 1962, →OCLC:

(law) A decree that someone be put to death as a punishment for a crime; a sentence of execution.

ପ୍ରାଣଦଣ୍ଡାଜ୍ଞା

prāṇadaṇḍājñā


determinative

en-adj

determinative (comparative more determinative, superlative most determinative)

more determinative (comparative)
most determinative (superlative)

Coordinate term: dispositive

When assigning custody, the preference of the child will be considered, but it is not determinative.

This proceeding, though not presenting questions difficult of determination, or points of law that are novel, is unusual in many of its features, and is important as determinative of the disposition and welfare of a number of little children, ignorant of the contest that is being carried on in regard to them.

1905 January 21, Ch. Kent, opinion, New York Foundling Hospital v. Gatti, Arizona [Territorial] Supreme Court, as reported in, 1907, The Lawyers Reports Annotated, new series, volume 7, page 313 http://books.google.com/books?id=N6m2AAAAIAAJ&pg=PA313&dq=determinative

It is therefore clear that, even in adoption cases where it might play a more important role, race is not a determinative factor and its importance will depend greatly on the facts.

2001, Michel Bastarache, “Van de Perre v. Edwards”, in CanLii:

An entity does not automatically conclude that any observed transaction price is determinative of fair value.

2009 July, International Accounting Standards Board, Financial Instruments, →ISBN, page 617:

(law) Sufficient to decide something (such as a question of fact or of law).


mistrial

“We move for a mistrial based on the testimony this morning,” Blanche said. “There’s no way to unring that bell, in our view.”

2024 May 7, Victoria Bekiempis, quoting Todd Blanche, “Trump hush-money trial: Stormy Daniels describes being ‘startled’ by sexual encounter”, in The Guardian, →ISSN:

(law) A trial that has been declared invalid because of an error in procedure, or because of hung jury.


engendered reliance

(law) A situation in which an institution has encouraged its customers to become reliant on their services, and is therefore legally obligated to continue to provide those services.


cognizable

cognizable (comparative more cognizable, superlative most cognizable)

more cognizable (comparative)
most cognizable (superlative)

But there are many cases involving the question of federal power which are not cognizable before the federal courts; and, of course, as to these, we must look out for some other umpire.

1840, Abel Upshur, A Brief Enquiry into the Nature and Character of our Federal Government, Campbell, page 64:

(law) Within the jurisdiction of a particular court.


copyrightable

The four criteria that Congress, courts, and theorists have traditionally employed to distinguish the copyrightable from the uncopyrightable are: […]

1984, MJ Touponse, “Application of Copyright Law to Computer Operating System Programs: Apple Computer, Inc. v. Franklin”, in Connecticut Law Review, page 665:

(copyright law) Able to be protected by copyright law.


not guilty

If you do not plead, a plea of not guilty will be entered for you.

(law) A formal plea by a defendant of not being culpable for the crime with which the defendant is charged.

My heart beats through five not guilties. Six, seven, nine, eleven. Seventeen not guilties. The prosecutor's lips curl.

2003, D.B.C. Pierre, Vernon God Little, →ISBN, page 238:

(law) A verdict or formal finding by the legal system that a defendant is not culpable for the crime with which the defendant was charged.


not guilty

syytön

legally innocent of a crime of which one has been accused in a court of law

He was found not guilty because there was a reasonable doubt.

(law) Of a person, legally innocent of a crime which they have been accused of in a court of law.


bricking

(law) A type of return fraud in which a working electronic item is purchased, then deliberately damaged or stripped of valuable components in order to render it unusable, and then returned to the merchant for a refund as a profit.


parade of horribles

en-noun

parade of horribles (plural parades of horribles)

The Chief Justice was adamant, if alone:
 'Nothing in the language or gloss previously placed on this provision of the Fifth Amendment remotely justifies the treatment which the Court today accords to the collateral-estoppel doctrine. Nothing in the purpose of the authors of the Constitution commands or even justifies what the Court decides today; this is truly a case of expanding a sound basic principle beyond the bounds — or needs — of its rational and legitimate objectives to preclude harassment of the accused.'
His position rested on the proposition that a second prosecution was barred only if it was for the same offense and here the victims were different and, therefore, the offenses were different. After a parade of horribles, the Chief Justice concluded:
 'What the Court is holding is, in effect that the second and third and fourth criminal acts are "free", unless the accused is tried for the multiple crimes in a single trial — something defendants frantically use every legal device to avoid, and often succeed in avoiding. This is the reality of what the Court holds today; it does not make good sense and it cannot make good law.' .

1970, Philip B. Kurland, “Enter the Burger Court: The Constitutional Business of the Supreme Court”, in The Supreme Court Review, Vol. 1970, pages 48–49:

To buttress his argument, the petitioner, with the support of amicus, points to grave risks that may be generated by research endeavors such as respondents. The briefs present a gruesome parade of horribles. Scientists, among them Nobel laureates, are quoted suggesting that genetic research may pose a serious threat to the human race, or, at the very least, that the dangers are far too substantial to permit such research to proceed apace at this time. We are told that genetic research and related technological developments may spread pollution and disease, that it may result in a loss of genetic diversity, and that its practice may tend to depreciate the value of human life. These arguments are forcefully, even passionately, presented; they remind us that, at times, human ingenuity seems unable to control fully the forces it creates — that, with Hamlet, it is sometimes better 'to bear those ills we have than fly to others that we know not of.'
It is argued that this Court should weigh these potential hazards in considering whether respondent's invention is patentable subject matter under §101. We disagree. The grant or denial of patents on micro-organisms is not likely to put an end to genetic research or to its attendant risks. The large amount of research that has already occurred when no researcher had sure knowledge that patent protection would be available suggests that legislative or judicial fiat as to patentability will not deter the scientific mind from probing into the unknown any more than Canute could command the tides. Whether respondent's claims are patentable may determine whether research efforts are accelerated by the hope of reward or slowed by want of incentives, but that is all.

1980, Warren E. Burger, “Diamond v. Chakrabarty, 447 U.S. 303 (1980)”, in Justia U.S. Supreme Court Center: Diamond v. Chakrabarty, 447 U.S. 303 (1980), page 316:

The majority trotted out a parade of horribles in which judicial line-drawing concerning accommodation would displace legitimate democratic choices.

1992, Geoffrey R. Stone, Richard Allen Epstein, Cass R. Sunstein, The Bill of Rights in the Modern State, page 356:

(law, informal) Any rhetorical device presenting a series of terrible results that notionally might follow from an act, instead of confining the argument to the explicit terms of any applicable law.


subtenancy

subtenancy (countable and uncountable, plural subtenancies)


consensual

en-adj

consensual (comparative more consensual, superlative most consensual)

more consensual (comparative)
most consensual (superlative)

a consensual contract

(law) Existing, or made, by the mutual consent of two or more parties.


boscage

en-noun

boscage (countable and uncountable, plural boscages)

From the Middle English boskage, from the Old French boscage, from Vulgar Latin *boscāticum, from Late Latin boscus, from Frankish *busk (compare Middle Dutch busch), from Proto-Germanic *buskaz (“forest, woods”).

der

(law) Mast-nuts of forest trees, used as food for pigs, or any such sustenance as wood and trees yield to cattle.


conservancy

en-noun

conservancy (countable and uncountable, plural conservancies)

From conservant + -cy or conserve + -ancy.

1986 April 16, “Midland Insurance was placed in conservancy.”, in Los Angeles Times:

(US, law) A state in which a company is allowed to continue trading without incurring any new financial liabilities or disposing of any assets.


constructionism

constructionism (countable and uncountable, plural constructionisms)

(law) A strict interpretation of the actual words and phrases used in law, rather than any underlying intent.


extraterritoriality

extraterritoriality (usually uncountable, plural extraterritorialities)

/ˌɛk.stɹəˌtɛ.ɹɪˌtɔː.ɹɪˈæl.ɪ.ti/

Although both home country and host country extraterritoriality involve the extension of national law over foreign corporations, the two differ sharply in the nature of application.

1993, Phillip I. Blumberg, The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality, Oxford University Press, →ISBN, page 187:

(law, uncountable) Immunity from the local laws of a certain area, especially due to diplomatic negotiation.

治外法權

immunity from the local laws of a certain area


testable

en-adj

testable (comparative more testable, superlative most testable)

more testable (comparative)
most testable (superlative)

(law) Capable of being devised, or given by will.


corespondent

It was simply a certified copy of the decree in the divorce case of a prominent society woman, Mrs. Percy Schermerman, who had named as corespondent a still more prominent woman, Mrs. Willoughby Worthington. The evidence had been sealed, and the yellower papers had toiled in vain to find out just who the prominent corespondent was.

1913 June 7, Rupert Hughes, “Memling Must Have an Alibi”, in The Popular Magazine, volume 28, number 6, page 160:

(law) One of two or more persons against whom a lawsuit is made; but especially a person charged with committing adultery with the defendant in a divorce proceeding.


warrant of attorney

en-noun

warrant of attorney (plural warrants of attorney)

(US, law) A document in which someone admits liability for a debt and allows an attorney to admit this in court so that no action will be taken.


cosigner

(law) A person who accepts joint responsibility for the debt of another

fiador

person who accepts joint responsibility for a debt


bailsman

(law) A person who provides bail for another; bail bondsman


power of attorney

power of attorney (countable and uncountable, plural powers of attorney)

LL-Q1860 (eng)-Persent101-power of attorney.wav

From attorney (“any personal representative”). Attorney now rarely has that sense outside of fixed expressions like this one.

He confirmed that he had power of attorney.

(uncountable, law) The legal authorisation of one person to act as the agent of another.

Here you can apply for a power of attorney.

(countable, law) A legal document allowing one person to act as the agent of another.


embracery

embracery (countable and uncountable, plural embraceries)

(law) An attempt to bribe or illegally influence a jury or a member of a jury to one side or the other.


testacy

(law) The condition of being testate, of having left a valid will at one's death.


court of cassation

court of cassation (plural courts of cassation)

Calque of French cour de cassation, from cour (“court”) + de (“of”) + cassation, from the verb casser (“to break”), indicating the power of such a court to quash the ruling of the court below.

(law) In many legal systems, the highest-level court of appeal in procedural matters, which is asked to squash a verdict but then refers the case back for a new court case at the previous level.


misdescriptiveness

(law) In United States trademark law, the characteristic of a trademark being misdescriptive.


unregistrability

(law) In United States trademark law, the characteristic of a trademark being unregistrable.


unregistrable

(law) In United States trademark law, incapable of receiving trademark registration.


misdescriptive

en-adj

misdescriptive (comparative more misdescriptive, superlative most misdescriptive)

more misdescriptive (comparative)
most misdescriptive (superlative)

"Superhealth Yogurt" would be a misdescriptive trademark for a yogurt that was very high in fat.

(law) In United States trademark law, tending to mislead consumers about the qualities of the product represented by the mark.


genericness

(law) In United States trademark law, the characteristic of a trademark being generic, and therefore unregistrable.


registrable

From register + -able (“able, capable”).

(law) In United States trademark law, capable of receiving trademark registration.


attractive nuisance

en-noun

attractive nuisance (plural attractive nuisances)

(law) In the legal area of torts, a hazardous object or condition that is likely to attract children who are unable to appreciate the risk posed by the object or condition, and to whom the landowner can therefore be held liable for injuries.


forestage

(UK, law, historical) A duty or tribute payable to the king's foresters.

(UK, law, historical) A service paid by foresters to the king.


traitorous

en-adj

traitorous (comparative more traitorous, superlative most traitorous)

more traitorous (comparative)
most traitorous (superlative)

/ˈtɹeɪtəɹəs/

From Middle English trayterous, traytrous, (also Middle English traytours, treytours), from Anglo-Norman traiterous, traitourous and Old French traitros.

(law) Constituting treason; treasonable or seditious.

στασιαστικός

law: constituting treason; treasonable or seditious


lay a venue

en-verb

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

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


annexure

en-noun

annexure (countable and uncountable, plural annexures)

This aspect of the publication appears in one of the annexures at the end of the lectures.

1989, Nagendra Singh, The Role and Record of the International Court of Justice, page xiv:

In addition a comprehensive set of annexures had to be submitted with each application that included the following […]

2001, Case Studies on the Allocation of Transferable Quota Rights in Fisheries, number 411, Food and Agriculture Organization of the United Nations:

The reports of the seminars and their recommendations are included in the annexures of the book. The population data and other relevant information are also given in the annexures.

2006, Braja Bihārī Kumāra, Illegal Migration from Bangladesh, page xvii:

An affidavit may refer to and identify documents and other things which are part of the evidence-in-chief of a witness. These are referred to variously as annexures or exhibits. A neutral term used here for annexures and exhibits is 'attachment'.

2013, John Levingston, The Law of Affidavits, page 99:

(especially India and UK law, otherwise dated) An appendix or attachment to a document.


England and Wales

(UK, law) The jurisdiction covering England and Wales, two constituent countries of the United Kingdom, which share a single legal system and are treated as a single country for various purposes.


personalty

personalty (countable and uncountable, plural personalties)

(law) Any property that is movable; that is, not real estate.

(law) The property that goes to the executor or administrator of the deceased, as distinguished from the realty, which goes to the heirs.


appellate jurisdiction

(US, law) The power of a court to review and potentially modify the decisions made by another court or tribunal.


presentment

presentment (countable and uncountable, plural presentments)

From Anglo-Norman presentment, presentement, Middle French presentement, corresponding to present + -ment.

In 1771, a grand jury presentment in Georgia revealed that "Slaves are permitted to rent houses …."

1993, Peter Kolchin, American Slavery, Penguin History, paperback edition, page 62

(law) A statement made on oath by a jury.

the presentment of a nuisance, a libel, etc.

(law) The notice taken by a grand jury of any offence from their own knowledge or observation, without any bill of indictment laid before them.

He recognised that there was general resentment of the oppressive conduct of the Forest officers, and made provision for regular inquiries into it, and for presentment of Forest offences to be made at the attachment courts, as a procedure preliminary to the Forest Eyre.

1991, Raymond Grant, The Royal Forests of England, Alan Sutton:

(ecclesiastical law) A formal complaint submitted to a bishop or archdeacon.


statute law

säädösoikeus

complete corpus of legislatively-enacted laws

(law, countable) A law enacted by a legislative body, as opposed to a regulation made by the executive branch or case law made by court precedent.

(law, uncountable) The completecorpus of laws enacted by legislation and currently in effect within a jurisdiction, as opposed to regulations or case law.

statutory law

the complete corpus of laws enacted by legislation and current in effect within a jurisdiction


material support

(US, law) (in the context of support for terrorism) Any property, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, and transportation, except medicine or religious materials


renvoi

renvoi (countable and uncountable, plural renvois)

As has been shown, the renvoi, if logically carried out, involves a perpetual deadlock. But both England and America try the validity of a will of personalty by the law of the testator's last domicil.

1908, Edwin Hale Abbot, Is the Renvoi a Part of the Common Law?, page 8:

The application of renvoi in matters of personal status, family relationships and succession involves mainly conflicts between the national law and the law of the domicile, but it may also comprise a renvoi from the personal law to the lex rei sitae, notably in matters of matrimonial property and succession. This may result in a partial renvoi, e.e. when immovables forming part of a succession are situated outside the country, the law of which governs the succession as the personal law.

1991, K. Zweigert, K. Drobnig, International Encyclopedia of Comparative Law, →ISBN, page 22:

However, it could be alternatively argued that there is a general principle at common law that renvoi does not apply in relation to what are termed “obligations” for the purposes of private international law.

2000, George Panagopoulos, Restitution in Private International Law, page 106:

(law) A situation in which a court, tasked with deciding which state's law should apply to a case, decides to apply the law of the forum, based on the determination that a court from another involved state would also apply the law of the forum.


defeasible

en-adj

defeasible (comparative more defeasible, superlative most defeasible)

more defeasible (comparative)
most defeasible (superlative)

Back-formation from defeasance + -ible, from Anglo-Norman defesaunce, Old French desfaisance, a deverbal noun from desfaire (“to undo”) (Modern French défaire), from des- (“un-, apart”) + fere, faire (“to do”) + -able, reflecting Latin dis- + facere + -ābilis. Near-doublet of defeatable.

The accounting charge for the non-callable debt is defeasible by an escrow.

(law, logic) Capable of being defeated, terminated, annulled, voided or invalidated.

breekbaar

capable of being defeated, invalidated, …


in specie

Borrowed from Latin in + specie, ablative singular form of species (“kind, form; type”).

(law, finance) In the actual form, especially in the context of a distribution of assets or a loan repayment.

"The estate of £500 a-year I have given to you, Mr Jones: and as I know the inconvenience which attends the want of ready money, I have added £1000 in specie."

1749, Henry Fielding, chapter VII, in The History of Tom Jones, a Foundling, volume (please specify |volume=I to VI), London: A[ndrew] Millar, […], →OCLC, book V:

(law, finance) In coin or monetary metal, in contrast to fiat currency or other paper.


billa vera

From the Latin, literally "the bill is true".

(law) Signifying that a presenter has furnished probable evidence, and is worthy of further consideration, presented to a party to indict them of the crime, and legally must confess or follow through the indictment.


sexual slavery

(criminology) A criminal activity that involves forced sexual acts upon a person who is usually held hostage as a slave.


lienee

1910, Georgia Supreme Court, Georgia Court of Appeals, West Publishing Company, North Carolina Supreme Court, South Carolina Supreme Court, West Virginia Supreme Court of Appeals, The Southeastern Reporter, Volume 65, page 443,
The warrant failed to allege that the cotton was sold “without the written consent of the lienee.”

But the position is that lienees are still protected and will be under this Bill which will not apply until the harvest of 1941.

1940, Australian Parliament, Parliamentary Debates, volume 4, page 2602:

2004, Peter Gillies, Business Law, 12th Edition, The Federation Press, Australia, page 722,
The lienee has no right of sale in relation to the goods (in the absence of a provision in an express contractual lien conferring a power of sale).

The right can only be exercised where the lienee has:
(i) given notice to the bailor of his intention to sell goods; or
(ii) taken reasonable steps to trace or communicate with the bailor but failed.

2007, Robert Bradgate, Fidelma White, Commercial Law, page 329:

(law) One who has right of possession of goods but not right of property; the registered owner.


ex facie

From Latin ex facie (“out of the face”).

(law) Of contempt of court, not committed directly in court in the presence of the judge.


commissionaire

/kəˌmɪʃəˈnɛː/

/kəˌmɪʃəˈnɛɹ/

/kəˌmɪsjəˈnɛɹ/

Borrowed from French commissionaire, from Latin commissio. Doublet of commissioner.

(law) An undisclosed agent under European civil law.


pretrial

/pɹɪˈtɹaɪəl/

As a result, another pretrial review was to be held on 17 February.

(law) A preliminary trial held in advance of a court trial.

предварително производство

a preliminary trial held in advance of a court trial


endangerment

en-noun

endangerment (countable and uncountable, plural endangerments)

(law) The exposure of someone, especially a child, to danger or harm.


read out

en-verb

read out (third-person singular simple present reads out, present participle reading out, simple past and past participle read out)

reads out (present singular third-person)
reading out (participle present)
read out (participle past)
read out (past)

Coordinate term: count out

(transitive, law) To interpret a part of a law so that it is not struck down but is rendered of no effect or applicability.


engrossment

en-noun

engrossment (countable and uncountable, plural engrossments)

/ɛnˈɡɹəʊsmənt/

(countable, law) The fact or instance of preparing the final draft legal document for execution or completion.

(countable, law, informal) Such document that has not yet been executed or completed.


aval

(finance, law) A financial guarantee by a third party to assume the burden of a debt, especially a bill of exchange in the event of default.


lock-in

vendor lock-in

(law) A situation in which members of an industry have agreed to adopt a certain standard and have retooled their production to meet this standard, thus making it very costly to change to a different standard.

inlåsning

a situation in which members of an industry


vis major

(law) A greater force; an act of God; an unavoidable accident.


paraphernal

From Medieval Latin paraphernālis, from Late Latin parapherna + Latin -ālis (suffix forming adjectives). By surface analysis, parapherna + -al.

vaimon omaan yksityiseen omaisuuteen liittyvä

(law) Of or pertaining to a woman's paraphernalia


seigniory

seigniory (countable and uncountable, plural seigniories)

From Middle English seignurie, from Old French seignurie, from seignor + -ie.

(law) The lordship (authority) remaining to a grantor after the grant of an estate in fee simple.


prepetition

(law) Of a claim, event, or condition existing prior to a bankruptcy petition.


jus accrescendi

(law) The right of survivorship. This is often applied to survivorship in joint tenancy situations.


foreperson

foreperson (plural forepersons or forepeople)

forepersons (plural)
forepeople (plural)

(law) The member of a jury who presides over it and speaks on its behalf.


perambulation

perambulation (countable and uncountable, plural perambulations)

From Middle English perambulacioun, from Anglo-Norman and Latin. By surface analysis, perambulate + -ation or per- + ambulation.

surf

1902, Transactions of the Lancashire and Cheshire Antiquarian Society, published by the Lancashire and Cheshire Antiquarian Society
Another forest not named in the perambulation is that of Horwich.

1929, Proceedings of the Dorset Natural History and Archaeological Society, published by the Dorset Natural History and Archaeological Society
The earliest known reference to the stone is that in the perambulation of the parish of Puddletown recorded in the Cartulary of Christchurch Priory.

(law) An English legal ceremony in which an official from a town or parish walks around it to delineate and record its boundaries.


recusation

en-noun

recusation (countable and uncountable, plural recusations)

Borrowed from Latin recusatio, recusationis. Compare French récusation.

[…]permit a man to refuse a judge, if he himself is of opinion he has any cause, without assigning what that cause is, is therefore in general very silent about what sort of consanguinity is, or is not, a good ground for recusation

1750, William Blackstone, An Essay on Collateral Consanguinity:

(law) The act of disqualifying a judge or jury in a specific case on the grounds of possible partiality or prejudice.


impugnation

impugnation (countable and uncountable, plural impugnations)


dispone

en-verb

dispone (third-person singular simple present dispones, present participle disponing, simple past and past participle disponed)

dispones (present singular third-person)
disponing (participle present)
disponed (participle past)
disponed (past)

From French, from Latin disponĕre (“to arrange”).

The said William Aitken, being of new solemnly sworn, &c., depones he is a Burgess of Hawick, and had the property of a house which he now liferents, the fee being disponed to his son-in-law, Bailie Robert Scot, for the use of his son William, his daughter, Bailie Scot's wife, having paid the price of the house; depones sixty years ago Gilbert Elliot was tenant in Nether Southfield, who broke Hawick Common by plowing a part of it, which the Deponent saw at the Common-Riding when the Magistrates and other persons at the Common-Riding potched the ground he had plowed, and was then sown that he might not reap the crop of this.

1898, R. S. Craig, Adam Laing, The Hawick Tradition of 1514: The Town's Common Flag and Seal, page 240:

(transitive, law) To convey legal authority to another.


mandamus

en-noun

mandamus (countable and uncountable, plural mandamuses)

I admit to all my learned friends that a Mandamus does not issue where there is another course of proceeding by which the thing can be effected; but I again state to your Lordships, that if in this case a Mandamus must not issue, there is no other proceeding that can be adopted.

1833 January 21, “Proceedings in the Court of King's Bench, on Monday 21st January 1833”, in Proceedings Connected with the Writ of Mandamus Issued by His Majesty's Court of King's Bench Against the Court of Directors of the East-India Company, […], London: J. L. Cox and Son, →OCLC, page 94:

And then it was moved that the court would grant a mandamus to the delegates to admit the bishop's allegations: and it was compared to the cases where they grant mandamuses to compel the granting of probates of wills or letters of administration.

1849, Richard Jebb, “Cause Shown against the Rule [Regina v. The Archbishop of Canterbury]”, in A Report of the Case of the Right Rev. R[enn] D[ickson] Hampden, D.D., […], London: Richard Benning and Co., →OCLC, page 311:

A mandamus is a writ commanding the execution of an act, where otherwise justice would be obstructed, or the king's charter neglected, issuing regularly only in cases relating to the public and the government; and is therefore termed […] a prerogative writ.

1856, Mathew Bacon with Joseph Sayer, Owen Ruffhead, Henry Gwyllim, Charles Edward Dodd, Bird Wilson, and John Bouvier, A New Abridgment of the Law, volume VI, Philadelphia, Pa.: T. & J. W. Johnson & Co., →OCLC, page 419:

The lord is compellable by mandamus to admit the surrenderee, that is, the person to whose use the surrender is made.

1876, Herbert Newman Mozley, George Crispe Whiteley, A Concise Law Dictionary, page 435:

(law) A common law prerogative writ that compels a court or government officer to perform mandatory or purely ministerial duties correctly.


lustration

lustration (countable and uncountable, plural lustrations)

(politics, law) The restoration of credibility to a government by the purging of perpetrators of crimes committed under an earlier regime.

люстра́цыя

restoration of credibility to a government by the purging earlier perpetrators


null and void

(idiomatic, law) invalid, cancelled, unenforceable


lienholder

registered owner
registered owner#English

(law) Used in instances of title of property (such as a vehicle) to refer to the person who has right of property, as opposed to the party that merely has right of possession. The party that only has right of possession is referred to as a registered owner, and in the event the registered owner fails to pay off the lien according to the agreed-to terms, the lienholder has the right to invoke repossession of the property (vehicle).


discoverable

en-adj

discoverable (comparative more discoverable, superlative most discoverable)

more discoverable (comparative)
most discoverable (superlative)

/dɪsˈkʌvɹəbəɫ/

/dɪsˈkʊvɹəbəɫ/

(law) Subject to legal discovery; able to be requested by an opposing party through a legal process such as a subpoena.


stirpes

From Latin stirpēs, a plural and a collateral form of stirps (“rootstock”).

(law) branches, lines of descent, used in the legal expression per stirpes.


per stirpes

From Latin per (“by, through”) and stirpēs (“rootstock”).

(law) A method of distributing an estate to the descendants or heirs of a deceased legatee in which the estate is divided equally among the branches of a family or designated heirs, without regard to differing numbers of people in different branches.

por estirpe

method of distributing an estate to the descendants of a deceased legatee in which the estate is divided equally among the branches of a family, without regard to differing numbers of people in different branches


orphan drug

(US, law) A drug as defined under the Orphan Drug Act (1983).


noyance

From Middle English noyaunce, partly an aphetic form of anoyaunce, partly directly from Anglo-Norman noyaunce.


drunk and disorderly

(law, of conduct) Illegal because of public intoxication


public intoxication

[…] they urged State governments to adopt new comprehensive legislation in which alcoholism would be viewed as an illness and public intoxication would no longer be handled as a criminal offense.

1973, National Conference of Commissioners on Uniform State Laws, Uniform Alcoholism and Intoxication Treatment Act, page 3:

(law) The criminal offence of being drunk in a public place.


admeasure

en-verb

admeasure (third-person singular simple present admeasures, present participle admeasuring, simple past and past participle admeasured)

admeasures (present singular third-person)
admeasuring (participle present)
admeasured (participle past)
admeasured (past)

From Middle English amesure, from Anglo-Norman amesurer, admesurer, from Medieval Latin admēnsūrō. Compare Classical Latin admētior (“measure out to”).

ncog

(transitive, law) To survey and lay off a due portion to, as of dower in real estate or of pasture held in common.


vicinage

From Old French visnage, respelled to more closer match its Latin source vīcīnus (“neighbor”).

(British, US, law) The area where a crime was committed, a trial is being held, or the community from which jurors are drawn.

(New Jersey, law) A geographical division of the New Jersey Superior Court, covering one or more counties, for judicial administration and the assignment of venue to an action within the Superior Court


notwithstanding clause

en-noun

notwithstanding clause (plural notwithstanding clauses)

Section Thirty-three of the Canadian Charter of Rights and Freedoms

Secretary of State Lucien Bouchard is standing firm on his defence of Quebec's use of the constitutional "notwithstanding" clause to safeguard the French language in that province.

1989 January 12, Ross Howard, “Bouchard stands firm in defending Quebec on language move”, in The Globe and Mail, Toronto, page A4:

Literary critic William Empson identified seven kinds of ambiguity. Had he looked further, he might have discerned an eighth—Canada's constitutional debate, complete with notwithstanding clauses, devolutions and non-derogations, asymmetries and distinct identities.

1990, Keith Henderson, "Creative ambiguity" (Review of A Canadian Challenge by Christian Dufour), The Globe and Mail, Toronto, 15 Dec, p. C24

The struggle for gay rights took a historic leap forward yesterday with a landmark Supreme Court of Canada decision. . . . Alberta Premier Ralph Klein suggested his province might use the Constitution's notwithstanding clause to override any similar decision affecting Alberta.

1999 May 21, Kirk Makin, “Gay couples win rights”, in The Globe and Mail, Toronto, page A1:

(Canada, law) Section 33 of Part I (Charter of Rights and Freedoms) of the Canadian Constitution Act (1982), which permits the creation of laws without regard for certain constitutional rights. Specifically, under section 33 the federal and provincial governments may enact laws "notwithstanding" section 2 (Fundamental Freedoms) and sections 7 through 15 (Legal and Equality Rights) of the Charter of Rights and Freedoms. Such laws may be in effect for up to five years and are renewable.

The emergency legislation stopped short of leaving the convention and does not include “notwithstanding clauses” which would allow ministers to ignore the ECHR and other international treaties in the area of asylum.

2023, Rajeev Syal, “Sunak's bill aims to block UK human rights law to save Rwanda scheme”, in The Guardian, London:

(law) A clause within a legal instrument that occurs in spite of any other clause that forbids it.


empanel

The verb is from Middle English empanellen, from Anglo-Norman and Old French empaneller.

When the Maior of the Citie, the two Dukes, and the two chiefe Juſtices, were ſet in Guyldhall for the performance of their commiſſion, and began to call the empanels for the enquirie, as the vſe and other is, diuers light witted, and leſſe brayned perſons of the citie, priuely armed them, and by the ringing of Bow bell, thought to aſſemble together a great multitude of their minde and opinion, and ſo by force and might to take from the kepers all ſuch priſoners, as were before apprehended, for the late committed robbery and riot, as they were goyng to their triall or arreignment.

1569, Richard Grafton, “Henrye the Sixt”, in A Chronicle at Large and Meere History of the Affayres of Englande […], volume II, London: […] Henry Denham, […], for Richarde Tottle and Humffrey Toye, →OCLC, page 630:


continuando

(UK, law, obsolete) The situation where a plaintiff recovered damages for several trespasses in the same action.


prestate

en-verb

prestate (third-person singular simple present prestates, present participle prestating, simple past and past participle prestated)

prestates (present singular third-person)
prestating (participle present)
prestated (participle past)
prestated (past)

From Latin praestatus, from Latin praestō (“I provide, show, vouch for”). Compare also prest, imprest, prestation, prestable.

der

assume responsibility
take responsibility

(transitive, law, otherwise archaic) To assume responsibility for, undertake.

(transitive, law, otherwise archaic) To indemnify, guarantee, secure (against loss or legal liability).

(transitive, law, otherwise archaic) To vouch for, support.


phonogram

/ˈfəʊ.nə.ɡɹæm/

/ˈfɑ.nəˌɡɹæm/

(law) An audio recording, regardless of physical format.


solatium

en-noun

solatium (countable and uncountable, plural solatia)

(law) A form of compensation for emotional rather than physical or financial harm.


after-acquired title

after-acquired title (plural after-acquired titles)

(law) Legal ownership of a piece of real property obtained by a party after that party has already purported to sell a falsely claimed present interest in the property to another.


abuse of discretion

abuse of discretion (plural abuses of discretion)

(law) The rendering of a decision by a court that is so unreasonable in light of the facts of the case or is such an unreasonable deviation from legal precedent that it must be reversed.

(law) Any action by a government official by which that official renders decisions for a clearly improper purpose.


estoppel by deed

(law) A legal doctrine under which a first party who purports to sell real property that the first party does not actually own to a second party must actually convey that property to the second party if the first party later acquires title to that property.

(law, archaic) The doctrine that a party is bound to a claim which that party made in order to induce another party to act.


constitutional law

(law) The area of law which deals with the interpretation and application of a constitution, particularly that of a national government.


public law

(law) A category of law governing the relationship between the state on the one hand and persons (citizens or legal persons including corporations) on the other. Constitutional law, administrative law and criminal law are some of the major subdivisions of public law.


decime

From Latin decima (“a tenth; a tithing”). Doublet of decima and dime.

(historical, law, obsolete) Synonym of tithing (a division of the hundreds of medieval England)


cognati

with the consent of her cognati

1858, George Long, M. Tulli Ciceronis Orationes:


framer

(historical, capitalized, US, law) Any of the delegates to the Constitutional Convention that drafted the United States Constitution and the Bill of Rights.


tutorship

(law) legal and financial guardianship under which the ward is a minor


renter

(law) One who owns or controls property and rents that property to another.

наемател

One who owns or controls property and allows others to use it for a fee


abandoned property

abandoned property (countable and uncountable, plural abandoned properties)

(law) Property that is found in such a state as to make it likely that the original owner has intentionally given up all dominion and control over the property, with no intent of returning to or recovering the property.


death penalty

And if you would like one more fact about this worthy, he was responsible for an Act on the statute book abolishing the death penalty for cattle rustling.

2021 September 22, Stephen Roberts, “The writings on the wall...”, in RAIL, number 940, page 71:

Joe Biden deserves the death penalty and Jonald Trump bad.

2024 June 4, very tall bart, 0:09 from the start, in [YTP] Jordan Peterson confesses, spoken by Joe Biden (Joe Biden):

(law) A punishment in which the offender is put to death by the state.

dënim me vdekje

state punishment of death — see also capital punishment


at Her Majesty's pleasure

The Governor serves at Her Majesty's pleasure.

The murderer was imprisoned at Her Majesty's pleasure.

(law, of a position notionally granted or imposed by a queen) indefinitely; for an arbitrary period determined by the monarch or her government (especially for indefinite tenure or imprisonment)


disallowance

disallowance (countable and uncountable, plural disallowances)

From dis- + allowance and disallow + -ance; may be analyzed as dis- + allow + -ance.

Coordinate term: reservation

(law, politics) A power a higher level authority has to disallow particular legislation of the lower level jurisdiction; such as a federal government disallowing state/provincial legislation, or the British monarch disallowing colonial legislation.


in terrorem clause

in terrorem clause (plural in terrorem clauses)

(law) A provision in a will that disinherits any beneficiary who raises a challenge against the will.


mislaid property

(law) Property that is found in such a state as to make it likely that the original owner intentionally placed it somewhere, but then forgot to retrieve it from that place, and would be able to locate the property.


lost property

lost property (usually uncountable, plural lost properties)

lost and found
lost, mislaid, and abandoned property

(law) Property that is found in such a state as to make it likely that the original owner unintentionally ceased to be in possession of the property, and would be unable to locate the property.


disponer

(law, Scotland, historical) Someone who legally transfers their own property to another.


overage

overage (countable and uncountable, plural overages)

/ˈəʊvəɹɪd͡ʒ/

(property law) Any additional sums payable following the purchase of land, calculated on a prearranged basis, on the occurrence of certain specified events that are deemed to increase the value of that land; usually in the context of the development and further sale of that land.


re-examination

(law) Subsequent questioning of a witness after cross-examination.

(law, US) In United States patent law, a procedure under which an issued patent is returned to the examiner to determine if it remains valid in light of newly discovered prior art.


competence

competence (countable and uncountable, plural competences)

Borrowed from French compétence, from Late Latin competentia.

আহলিয়াত

the quality or state of being competent for a general role.

আহলিয়াত

the quality or state of being competent for a particular task.

K C Wheare's definition of federalism requires that two governments be independent and co-ordinate within their own spheres, generally set out by the division of competences codified in a constitution, which is supreme.

2016, German Institute for International and Security Affairs, “Division of competences in the European Union”, in (Please provide the book title or journal name):

Also, the Constitutional Court has tried to reduce impunity in cases of human rights abuses by narrowly interpreting the legal competence of military justice to investigate military and police officers.

2003, Rodrigo Uprimny, “The constitutional court and control of presidential extraordinary powers in Colombia”, in Democratization, archived from the original on 2021-05-09:

(countable, law, politics) the legal authority to deal with a matter.


publicly held

(law) Of a corporation or other business entity: owned by shareholders who may buy or sell their shares to anyone through a stock exchange.

listattu

with shares traded through a stock exchange


limited-liability

(law) Of a business entity, having liability for legal claims that is limited to the assets of the entity itself, and which therefore does not reach the assets of the individual owners/investors of the company.


demurral

demurral (countable and uncountable, plural demurrals)


determinable

en-adj

determinable (comparative more determinable, superlative most determinable)

more determinable (comparative)
most determinable (superlative)

(law) able to be decided or settled by law

(law, postpositive) Of a tenure or estate in land, able to be determined on the occurrence of some event.


querent

From Latin querens, present participle of queror (“I complain”).

(law, historical) A complainant; a plaintiff.


non-compete

You will need to sign a non-compete agreement, of course.

(law) Describing a contractual clause that prevents a person or company from competing with another, especially with a former employer or partner


genuine issue of material fact

en-noun

genuine issue of material fact (plural genuine issues of material fact)

genuine issues of material fact (plural)

We think there is nothing in these three asserted facts which has a direct bearing upon, or casts doubt as to, the particular and detailed circumstances presented by the Ambassador. They are inadequate to show a genuine issue of material fact as to the existence of the original documents.

1940 Banco De Espana v. Federal Reserve Bank, 114 F.2d 438, 447 (2d Cir. 1940)

The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.

The principles of law applicable to a motion for summary judgment are well settled. To grant such a motion, the trial court must determine that the evidence does not create a genuine issue of material fact and that the movant is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact.

1989, Scrushy v. Tucker, 955 So. 2d 988, 1006 (Ala. 2006) quoting Bass v. SouthTrust Bank of Baldwin County, 538 So. 2d 794, 797-98 (Ala. 1989)

Once the moving party has demonstrated the absence of a genuine issue of material fact, the party opposing the motion must then "set forth specific facts showing that there is a genuine issue for trial."

1999, Adam L. Brookman, Trademark Law: Protection, Enforcement and Licensing, s. 9.04H:

Summary judgment is granted if a judge finds that there is no "genuine issue of material fact" for decision by a jury.

2004, Alan L. Durham, Patent Law Essentials: A Concise Guide, page 180:

The main question in this appeal is whether Harrold raised any genuine issues of material fact requiring a trial.

Beyoncé successfully moved for summary judgment, contending that Armour had not established any genuine issues of material fact.

(law) A dispute over a material fact upon which the outcome of a legal case may rely, and which therefore must be decided by a judge or jury; a dispute which precludes summary judgment.


material fact

(law) A fact essential to make a case or a defense, or the absence of which negates a case or defense.

實質性事實

(law, property law) A fact that might alter a person's decision to buy a property or change the terms and price a buyer is willing to accept.

(law, insurance law) A fact that might alter an insurer's decision to agree to provide insurance to a person or alter the terms and conditions or the rate of premium on a policy.


accept service

en-verb

accept service (third-person singular simple present accepts service, present participle accepting service, simple past and past participle accepted service)

accepts service (present singular third-person)
accepting service (participle present)
accepted service (participle past)
accepted service (past)

(law) To receive and acknowledge receipt of service of process.


dying declaration

en-noun

dying declaration (plural dying declarations)

(law) A statement that would normally be deemed inadmissible as evidence in a court of law as hearsay, but is deemed admissible because it was made by a person who believed himself to be dying, is about the circumstances of that person's death, and (in some cases) was followed by that person's actual death.


organic law

(law) A law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state.


chapiter

From Middle English chapitre, from Old French chapitre, from Latin capitulum, diminutive of caput (“head”). Doublet of chapter and capitulum.

and when the time commeth , the shyrecue shall certifie the chapiters before the Justices in Eire, how many writs he hath and what & c.

And at this day chapiters are called articles, for the most part, and are delivered as well by the mouth of the justice in his charge, as by the clerks in writing, to the inquest, where in ancient time they were (after an exhortation given by the justices, for the good observation of the laws and of the king's peace) first read distinctly and openly in the full court, and then delivered in writing to the grand inquest.

1812, John Rastell, William Rastell, Les Termes de la Ley: Or, Certain Difficult and Obscure Words and Terms of the Common and Statute Laws of England, Now in Use, Expounded and Explained, page 78:

To these twelve knights, when returned and sworn, the chapiters or articles of their charge were read, and one part in writing, indented, was delivered to them, and the other part remained with the justices, who gave commandment to the knights, that to every chapiter or article they should answer, in their verdict, severally and by itself, sufficiently, distinctly, and openly.

1822, James Lowe, Observations on Fees in Courts of Justice, page v:

(UK, law, obsolete) A written summary of matters to be inquired of or presented before justices in eyre, or justices of assize, or of the peace, in their sessions; articles.


estate for life

estate for life (plural estates for life)


life estate

(law) An estate in land which is owned by a party only for the duration of the life of that party, and for which ownership will revert to another upon the death of that party.


custodiam

(law, historical) A kind of lease in which property seized by the Crown is put into the custody of some agent.


unclean hands

(law) A doctrine of equity under which a court of law will not provide equitable relief to a party whose own conduct has been improper.


hung jury

The prosecution re-filed charges after a mistrial was declared due to a hung jury.

(law) A jury in a legal trial that is unable to reach or come to a verdict because the jurors cannot agree on a decision.

express verbally like die Geschworenen wurden sich nicht einig / konnten kein gemeinsames Urteil fällen

prisjážnyje, nesumevšije prijti k jedinomu rešéniju

прися́жные, несумевшие прийти к единому реше́нию


Bachelor of Laws

Bachelor of Laws (plural Bachelors of Laws)

(law) An undergraduate degree in the study of law.


special resolution

special resolution (plural special resolutions)

(law) A resolution that requires a large majority vote of members present, usually two thirds or three quarters, at a general meeting of a company.


ordinary resolution

ordinary resolution (plural ordinary resolutions)

(law) A resolution that requires a majority vote of members present at a general meeting of a company.


articled clerk

You'd better go to Edward Dawson on the other side of the river; he that was articled clerk with me two years ago, you know.

1863, Elizabeth Gaskell, “chapter XXV”, in Sylvia's Lovers:


serjeanty

serjeanty (countable and uncountable, plural serjeanties)

From Middle English sergeauntie, serjaunte, from Old French serjantie, sergantie and Medieval Latin serjantia, sergantia. Compare sergeancy.

The manor of Scrivelsby in England, has since the Middle Ages, been held by the Marmion family in grand serjeanty in exchange for their service as King's or Queen's Champion.

(law, historical) A kind of land tenure requiring some service to the land's chief lord—other than military service—as an obligation to maintain possession.


restrictive covenant

restrictive covenant (plural restrictive covenants)

(law) An agreement between parties limiting or restricting the use of land owned by one of the parties.

2019, Paul Greco, "How To Make Sure Restrictive Covenants Survive A Restructuring", Life Science Leader, VertMarkets.
Careful to protect the goodwill it is developing with these providers, the life sciences company decides to use restrictive covenants — i.e., noncompetes, in the popular vernacular — to ensure the sales reps cannot compete for a period of time after changing jobs and potentially transfer the value of burgeoning customer relationships to some new employer.


yellow dog contract

yellow dog contract (plural yellow dog contracts)

So called because such agreements were thought to reduce employees to the status of yellow dogs (“worthless things”).

(law) An agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union whilst employed.

contrato que prohíbe afiliación con un gremio


condition precedent

condition precedent (plural conditions precedent)

(law) a condition imposed on an agreement that must be satisfied before property is transferred between parties.

(law) a condition depending upon an uncertain event which must be fulfilled before an obligation arises or a legal transaction takes effect.


joint will

(law) A single document executed by two people, so that their property is disposed of identically upon the death of either or both.


negotiable instrument

negotiable instrument (plural negotiable instruments)

(law, banking, business) a legal document, as a cheque or bill of exchange, that is freely negotiable.


chattel paper

(law) A document that demonstrates both a monetary obligation and a security interest either in certain goods, or in a lease on certain goods

Verkehrspapier

document showing both monetary obligation and security interest


resi

(real estate, property law) Clipping of residential.


resi

(real estate, property law) Clipping of residential real estate.


factfinder

(law) In a legal proceeding, the person or persons given the task of weighing all evidence presented and determining the facts of the case in light of that evidence; the jury, or where there is no jury, the judge.


muniment

From Anglo-Norman muniment, Middle French muniment, and their source, Latin mūnīmentum (“fortification, defence”), from mūnīre (“to fortify”).

der

hauing the said deedes, euidences, muniments, terriers, and writinges in their hands[…]

1594, William West, Symboleography […] :

Then, on the order of King Darius, a search was made in Babylonia in the muniment rooms where the archives were kept […]

1966, Jerusalem Bible, Ezra 6:1, London: Darton, Longman & Todd

(chiefly law) A deed, or other official document kept as proof of ownership or rights or privileges; an archived document.


Miranda right

From Miranda v. Arizona, the usual name for a U.S. Supreme Court case in which the Court held that criminal suspects must be informed of certain rights.

(US law) A constitutional right outlined in the Miranda warning.


Miranda warning

en-noun

Miranda warning (plural Miranda warnings)

From Miranda v. Arizona (1966), the usual name for a U.S. Supreme Court case in which the Court held that criminal suspects must be informed of certain rights.

(US law) A warning given by a law enforcement officer to criminal suspects in his custody advising them of certain constitutional rights, called their Miranda rights.


any and all

Used in legal documents for emphasis and exactness. For further etymology, see any and all.

1847 December 22, Abraham Lincoln, "Spot Resolutions" on Mexican War (resolutions offered in the United States House of Representatives), reproduced in 1907, Marion Mills Miller (editor), Life and Works of Abraham Lincoln, Volume 3,
Resolved, By the House of Representatives, that the President of the United States be respectfully requested to inform this House—
[…] Whether that settlement is or is not isolated from any and all other settlements by the Gulf and the Rio Grande on the south and west, and by wide uninhabited regions on the north and east.

I, Howard P. Lovecraft of the city of Providence in the State of Rhode Island, being of sound mind and memory, make, execute and declare this instrument as my last will, hereby revoking any and all former wills by me at any time heretofore made.

1912 August 12, H. P. Lovecraft, Last Will and Testament of H.P. Lovecraft:

2009 February 24, Ron Paul, bill # H.R.1146, American Sovereignty Restoration Act,
As of the date of the enactment of this Act, the United States will end any and all participation in any and all conventions and/or agreements with the United Nations and any organ, specialized agency, commission, or other formally affiliated body of the United Nations. Any remaining functions of such conventions and/or agreements shall not be carried out.


DAG

DAG (countable and uncountable, plural DAGs)

(US, law) Initialism of defense acquisition guide.


murder-suicide

Pladl, pictured, ended up killing his daughter, his baby and himself in a triple murder-suicide[.]

2018 November 26, Emma Parry, “Woman who fell in love with her brother tells how she’s on a mission to legalise INCEST, allow family members to marry and even have babies together”, in The Sun:

(criminology) A murder in which the killer subsequently commits suicide.


cornage

cornage (countable and uncountable, plural cornages)

(law) An ancient tenure of land, which obliged the tenant to give notice of an invasion by blowing a horn.


ex parte

From Latin ex parte ("from [one] part").

The judge issued a temporary ex parte injunction.

She was dismissive of an ex parte application for an order excluding a husband from the matrimonial home.

2014, Ian McEwan, The Children Act, Penguin Random House (2018), page 54:

The judge on an ex parte basis, granted Mr McGlinchey permission to bring both of his actions against the respondents.

2023 August 1, “Son of slain republicans brings actions”, in The Irish Times, page 4:

(law) Of, relating to, or characteristic of a proceeding where one of the involved parties is not present.


ex parte

Grand juries are conducted ex parte; neither the suspect nor his attorney may attend.

(law) In the manner of a proceeding where one of the involved parties is not (or sometimes may not be) present.


all rights reserved

(idiomatic, law) The copyright holder of a creative work reserves all copyright-related rights, typically including the right to publish the work, to make derivative works of it, to distribute it, to make profit from it, to license a number of these rights to other people, and to forbid these uses by any unauthorized people, thus being entitled to take legal action against infringement.


genericization

genericization (countable and uncountable, plural genericizations)

/dʒəˌnɛɹɪsaɪˈzeɪʃən/

/dʒəˌnɛɹɪsɪˈzeɪʃən/

(law) With respect to a trademark, the act or process of becoming so widely identified as a reference for a type of product as to cease representing a particular brand or manufacturer of that type of product.


TIC

TIC (countable and uncountable, plural TICs)

tenancy in common
tenancy in common#English


recross

(law) An examination of a witness, following redirect, by the opposing party.


case-in-chief

(law) The stage during trial in which the party with the burden of proof presents supporting evidence.


incumbrance

incumbrance (countable and uncountable, plural incumbrances)

(property law) An interest, right, burden, or liability attached to a title of land, such as a lien or mortgage.

a widow without incumbrances (i.e. without children)


m'lord

1986, Ben Elton et al., Blackadder II, 3: "Money"
There's a priest wants t'see you, m'lord.
Well, tell him I'm Jewish.

2012, David Benioff et al., A Game of Thrones, 2.3: "A Man without Honor"
And, girl.
My lord.
Lowborn girls say "m'lord", not "my lord". If you're going to pose as a commoner, you should do it properly.

(British, now often historical or humorous, also law, in India) My Lord (used to address peers temporal, judges, etc).


suppletive

en-adj

suppletive (comparative more suppletive, superlative most suppletive)

more suppletive (comparative)
most suppletive (superlative)

Article 11 of the Louisiana Civil Code provides the legal framework for the doctrinal distinction between imperative, or mandatory, and suppletive laws. Although neither term is included in the article, traditional civilian doctrine characterizes as imperative those legal precepts rooted in public policy which may not be set aside by private agreement. Suppletive laws, on the other hand, are those legal norms designed to supplement the parties' will in cases wherein its application is not excluded.

1981, Alejandro M. Garro, “Codification Technique and the Problem of Imperative and Suppletive Laws”, in Louisiana Law Review, volume 41, page 1008:

...I deem little short of frivolous the contention that the Equal Protection Clause prohibits enforcement of marital obligations, in either the mandatory or the suppletive form.

Labine v. Vincent, 401 U.S. 532 (1971), Harlan, J., concurring

(law) Relating to laws which can apply in a contract if the parties choose to agree to this.


trusteeship

en-noun

trusteeship (countable and uncountable, plural trusteeships)


ultrahazardous activity

ultrahazardous activity (plural ultrahazardous activities)

(law) An activity that is so dangerous that any person engaging in it will be held strictly liable for harm caused by engaging in the activity, no matter what precautions were taken to prevent harm; common examples include using explosives, radiation, and poisonous chemicals, and handling wild animals.


high court

But if the eyes of people could be opened in regard to the evils and delusions of war, would it not be easy to form a confederacy of nations, and organize a high court of equity, to decide national controversies?

1833, Noah Worcester, A solemn review of the custom of war, page 7:

The judicial power is vested in three high courts consisting of four judges each, and having concurrent jurisdiction in all civil matters; and in a great number of inferior municipal courts.

1840, Samuel Perkins, The World as it is: Containing a View of the Present Condition of Its Principal Nations:

Compared with most Latin American courts, on paper the Argentine judiciary is among the most insulated high courts in the region.

2004, Gretchen Helmke, Courts under Constraints: Judges, Generals, and Presidents in Argentina:

The prince was appearing at the high court to give evidence against the publisher of the Daily Mirror, Sunday Mirror and People tabloids.

2023 June 6, Jim Waterson, Kiran Stacey, “Britain’s government and press at rock bottom, Prince Harry tells court”, in The Guardian, →ISSN:

At the High Court in Aberdeen in September, NR pleaded guilty to a series of failings, including failing to tell the driver that it was unsafe to drive the train at the 75mph line speed.

2023 October 18, “Network News: Carmont: NR pays nearly £1m in out-of-court settlements”, in RAIL, number 994, page 15:

(common law) A supreme court; a court to which final appeals may be taken.


malice aforethought

Calque of Anglo-Norman malice prepensé (literally “forethought malice”).

calque

(law) The criminal intent which precedes a crime, especially murder.


common area

(law) In a condominium or other cooperative residential facility, an area owned by the organization that oversees the facility, but is not owned by any specific resident.


disbarment

en-noun

disbarment (countable and uncountable, plural disbarments)

(law) The disqualification of a lawyer from membership in a bar association, usually as punishment for wrongdoing; the result of being disbarred.


plea bargain

(US, law) An agreement in which a defendant agrees to plead guilty to a lesser charge instead of not guilty to a greater one

сделка с прокуратурата

an agreement in which a defendant agrees to plead guilty to a lesser charge instead of not guilty to a greater one


plea-bargain

(US, law) Alternative form of plea bargain (“an agreement between a defendant and the prosecution in which the defendant agrees to a plea such as guilty or nolo contendere to a lesser charge rather than contesting a greater charge”).


plea-bargain

en-verb

plea-bargain (third-person singular simple present plea-bargains, present participle plea-bargaining, simple past and past participle plea-bargained)

plea-bargains (present singular third-person)
plea-bargaining (participle present)
plea-bargained (participle past)
plea-bargained (past)

[…] former District Attorney, Butters said "[…] I think the fact that so many plead guilty proves that these cases should have been prosecuted." One of those who plea-bargained disagrees. Ed Mede last week pleaded guilty to one count of sex with a minor under 16. "This does not prove my gilt ^([sic])," he insists. "It proves the injustice of the whole system. I could not go on paying for my attorney through a long trial. […] I did not want to face life in prison because of the whim of a biased judge or juror."

1979 April 28, Tom Reeves, “Revere Sex Cases Resolved”, in Gay Community News, page 1:

(US, law) To make an agreement in which a defendant agrees to plead guilty to a lesser charge instead of not guilty to a greater one.

vádalkut köt

to make an agreement in which a defendant agrees to plead guilty to a lesser charge instead of not guilty to a greater one


double indemnity

(law) A clause in an insurance policy in which the insurance company agrees to pay out double the normal coverage in certain specified circumstances, most often in case of accidental death

雙倍賠償

law: a clause in an insurance policy in which the insurance company agrees to pay out double the normal coverage


simpliciter

From the Latin simpliciter (“simply”, “plainly”), from simplex (“simple”).

The charge was reduced from aggravated assault to assault simpliciter.

Paragraph 68, Public Prosecutor v CJH ([2022] SGHC 303)
Leaving aside this report, I make the general observation firstly that the CA has pointed out in PP v UI [2008] 4 SLR(R) 500 […] that rape simpliciter "is already ‘an inherently odious and reprehensible act’… that exacts ‘irretrievable physical, emotional and psychological scars on [the] victim’”[…]

(philosophy, law, originally chiefly Scots law, Canadian law) Simply, absolutely; without any qualification or condition.


criminal procedure

en-noun

criminal procedure (plural criminal procedures)

(law) The legal process for adjudicating claims that someone has violated criminal law.


pleader

Partly from Middle English pleder, pledere, equivalent to plead + -er; and partly from Middle English pledour, plaidour, from Anglo-Norman plaidur, pledour, Old French plaidëor, pledëor.

‘Soon after I came out I asked one of the pleaders to have a smoke with me – only a cigarette, mind.’

1924, EM Forster, A Passage to India, Penguin, published 2005, page 25:

(law) a person who pleads in court; an advocate


papering

(law) A technique of boycotting a judge by the Public Defender's Office by filing a request for a different judge in every case assigned to this judge.


missprision

[I]f any persone were perceiued to be absent, or were sene to laughe at the folye of the emperour [Nero], he was forthe with accused, as it were, of missprision: whereby the emperour founde occasion to committe him to prison or to put hym to tortures.

1531, Thomas Elyot, “In what Wise Musike may be to a Noble Man Necessarie: And what Modestie ought to be therin”, in Ernest Rhys, editor, The Boke Named the Governour […] (Everyman’s Library), London: J[oseph] M[alaby] Dent & Co; New York, N.Y.: E[dward] P[ayson] Dutton & Co, published [1907], →OCLC, 1st book, pages 26–27:

(law, rare) Obsolete spelling of misprision.


titling

People took possession of the tenantless cottages to which their only titling is the holding of the key : a few of these still remain.

1888, A Handbook for Travelers in Surrey, Hampshire, and the Isle of Wight, page 217:

Where shifting cultivation or bush fallowing are widely practised, it is unlikely that strong pressure for titling will emerge from within the area concerned. The primary momentum for titling will probably be exogenously generated,

1976, Diana Hunt, The Social and Economic Impacts of Individual Land Titling in Mbeere, Eastern Kenya, page 12:

(law) A legal right to a property; holding a title.


transfer tax

(law) A transaction fee (often relatively small in relation to the value of property) imposed on the transfer of title to property.

轉讓稅

a transaction fee imposed on the transfer of title to property


misdirection

misdirection (countable and uncountable, plural misdirections)

(UK, law) An error of law within a judgement committed by a judge or judges of a lower court, particularly as found by an appeals court


unliquidated damages

(law) An amount owed to a plaintiff in a lawsuit by the defendant that can not be determined by operation of law, such as the value of pain and suffering in a tort case.


operation of law

(law) An application of a legal rule that automatically brings about a legal consequence.


unliquidated

en-adj

unliquidated (comparative more unliquidated, superlative most unliquidated)

more unliquidated (comparative)
most unliquidated (superlative)


liquidated

liquidated (comparative more liquidated, superlative most liquidated)

more liquidated (comparative)
most liquidated (superlative)

(law) Set; ascertained; made certain by operation of law.


liquidated damages

(law) An amount owed to a plaintiff in a lawsuit by the defendant that is determined by operation of law, such as the unpaid amount in a breach of contract.


status conference

en-noun

status conference (plural status conferences)

(law) A meeting that a court may require to be held between parties to a case to determine whether those parties are prepared to go to trial.


case citation

(law) A combination of numbers and abbreviations used in common law countries to identify an opinion of a court, including the names of the parties, case reporter, name of the court, and year of the decision, and sometimes the page of the opinion that is cited.


rev.

(law) In case citations, Abbreviation of reversed.


aff.

(law, archaic) In case citations, Abbreviation of affirmed.


forum non conveniens

Latin forum+non+conveniens (“inappropriate forum”)

uder

(law) A doctrine of law holding that a court should decline to hear a case if another court—especially one in a foreign jurisdiction—would provide a more appropriate forum for the parties and evidence.

derecho del tribunal de rehusar jurisdicción


fnc

forum non conveniens
forum non conveniens#English

(law) Initialism of forum non conveniens.


self-determination

(ethics, law) The ability or human right to make one's own decisions without interference from others

samostanowienie

ability or right to make one's own decisions without interference from others


bilinguis

Unadapted borrowing from Latin bilinguis (“double-tongued”).

ubor

(law, historical) A jury made up partly of natives and partly of foreigners.


incontestability

en-noun

incontestability (countable and uncountable, plural incontestabilities)

conclusively presumed
conclusively presumed

(law) In United States trademark law, the state of having been registered as a trademark for more than five consecutive years without a challenge, and therefore conclusively presumed not to cause confusion with any other trademark, and to have acquired distinctiveness.


conclusively presumed

en-adj

conclusively presumed (comparative more conclusively presumed, superlative most conclusively presumed)

more conclusively presumed (comparative)
most conclusively presumed (superlative)

A child under seven years of age is conclusively presumed to be incapable of either murder or manslaughter (presumptio juris et de jure), no evidence of capacity being admissible.

1906, Richard Henslowe Wellington, The King's Coroner, page 61:

(law) Presumed by law to be true, and therefore providing no opportunity for evidence to the contrary to be presented.


conclusive presumption

en-noun

conclusive presumption (plural conclusive presumptions)

(law) A matter that is deemed by law to be true, and therefore provides no opportunity for evidence to the contrary to be presented.


inculpate

en-verb

inculpate (third-person singular simple present inculpates, present participle inculpating, simple past and past participle inculpated)

inculpates (present singular third-person)
inculpating (participle present)
inculpated (participle past)
inculpated (past)

(law) To imply the guilt of; to blame or incriminate.


inquisitorial

en-adj

inquisitorial (comparative more inquisitorial, superlative most inquisitorial)

more inquisitorial (comparative)
most inquisitorial (superlative)

(law) Describing a trial system in which the prosecutor also acts as judge.

inkvisitorinen

describing a trial system in which the prosecutor also acts as judge


novate

en-verb

novate (third-person singular simple present novates, present participle novating, simple past and past participle novated)

novates (present singular third-person)
novating (participle present)
novated (participle past)
novated (past)

(law) To replace a contract (especially a financial contract) with one or more new contracts.


ISTEA

(US, law) Initialism of Intermodal Surface Transportation Efficiency Act.


ingenui

(law) In civil law, a class of freemen who were born free. They were distinguished from the class known as liberti or libertini who, born slaves, had afterwards legally obtained their freedom.


reviser

(law, US) In several states, an official charged with the responsibility for making new statutes technically consistent with the existing body of law.


inurement

en-noun

inurement (countable and uncountable, plural inurements)

(law) In patent law, the doctrine that the work done by a person hired by an inventor to test a conception supports the right of that inventor to the resulting invention.


procedendo

(law) A prerogative writ that sends a case from an appellate court to a lower court with an order to proceed to judgment.

But Ingersoll, on behalf of the defendant, now moved for a Procedendo; alledging that in a case of Pigot v. Young, it had been decided, that a cause could not be removed after the arbitrators, or referces, had entered[…]

1798, Alexander James Dallas, Reports of Cases Ruled and Adjudged in the Several Courts of the United States […] :

Justice of the Peace
Justice of the Peace

(law) A writ by which the commission of the Justice of the Peace is revived, after having been suspended.


yield to maturity

yield to maturity (plural yields to maturity)

(law) A calculation of yield on a bond that takes into account the capital gain or loss on a discount bond or capital loss on a premium bond. In the case of a discount bond, the yield-to-maturity, YTM, is higher than the current yield, or the coupon yield. The reverse is true for a premium bond with YTM lower than both current yield and coupon yield.


bonded debt

bonded debt (countable and uncountable, plural bonded debts)

(law) That part of the entire indebtedness of a corporation or state that is represented by bonds it has issued; a debt contracted under the obligation of a bond.


bond for deed

(law) A document given by the owner of real estate to convey the property upon being paid money; an agreement to convey title in the future that, so long as it remains executory, allows title to remain vested in the original owner.


bond discount

(law) A reduction from the face amount of a bond that occurs where bonds are sold on the market for cash at a price less than the face amount. Since bonds mature years after issue, they are discounted to reflect present value.


bond issue

(law) The offering of bonds for sale to investors.


serial bond

(law) Bonds issued in a series by a public entity that are payable at different times.


registered bond

registered bond (plural registered bonds)

(law) A bond that is recorded on the books of the issuer by the trustee, with interest paid by mail to the holder of record.


surety bond

(law) A bond issued by one party, the surety, guaranteeing that he will perform certain acts promised by another or pay a stipulated sum, up to the bond limit, in lieu of performance, should the principle fail to perform.

(law) In a criminal case, the surety (or bail) bond assures the appearance of the defendant or the repayment of bail forfeited upon the defendant's failure to appear in court.


performance bond

performance bond (plural performance bonds)

(law) A contractor's bond, guaranteeing that the contractor will perform the contract and providing that, in the event of default, the surety may complete the contract or pay damages up to the bond limit.


bearer bond

(law) A negotiable loan instrument payable to its holder (bearer) by the issuer according to preset conditions. The owner must safeguard bearer bonds to prevent loss; interest is usually paid by coupon redemptions.


bond for general purposes

bond for general purposes (plural bonds for general purposes)

(law) A kind of government bond that is a charge against the taxpayers generally, as distinguished from bonds for improvements, the cost of which is charged to the property specially benefited.


phonorecord

(US, law) A physical object that contains a permanent record of a sound.


conveyancing

conveyancing (countable and uncountable, plural conveyancings)

(law) The drawing of deeds etc. concerning transfer of property, and the legal execution of such transfers.


receivership

receivership (countable and uncountable, plural receiverships)

(law) The office and duties of a receiver.

The capital cost in 1915-1927 of equipping 924 miles of track put the Milwaukee into a receivership from which it took a long time to recover; and in view of the length of line electrified it is surprising that a current of 1,500V d.c. was chosen rather than the Pennsylvania 11,000V a.c.

1961 February, Cecil J. Allen, “Locomotive Running Past and Present”, in Trains Illustrated, page 84:

(law) The state of being under the control of a receiver.

selvitystila

(law, business) A form trusteeship of bankruptcy administration in which a receiver is appointed to run the company for the benefit of the creditors.


copyrightability

(copyright law) The condition of being copyrightable.


nonrepudiation

(law) Assurance that a contract cannot later be denied by either of the parties involved.


retrial

He maintains his innocence and has lodged an appeal - which means a retrial and the conviction being set aside in the meantime

2020 October 14, Phil McNulty, “England 0-1 Denmark: 'Harry Maguire looked devoid of confidence in Nations League loss'”, in BBC Sport:

The six activists will now face a retrial at Highbury Magistrates' Court, in front of a new judge.

2023 January 11, “Network News: Court decision overturned: Six HS2 activists face retrial”, in RAIL, number 974, page 9:

(law) A second trial, by the original court, if the original trial was found to be improper or unfair


precedential

/ˌpɹɛsəˈdɛnʃəl/


statutory declaration

statutory declaration (plural statutory declarations)

(law) A legal document that is affirmed rather than being sworn under oath.


pupillary

Borrowed from Latin pūpillāris, as if the form were *pūpillārius.

(law) Of or pertaining to person below a certain legal age, or to a ward.


second-degree murder

second-degree murder (countable and uncountable, plural second-degree murders)

tappo

act or crime of murder with intent, but without premeditation

roughly equivalent concept in Finnish law

szándékos, de nem előre megfontolt szándékkal elkövetett emberölés

(law, chiefly US, Canada) The criminal offence of murder in a form defined as less serious than first-degree murder; the precise distinction may vary by jurisdiction but typically involves second-degree murder being intentional but not premeditated.

(law, chiefly US, Canada) An act that constitutes the crime of second-degree murder.


constat

(law, religion, sciences) It is clearly evident; It is certain, without a doubt.


constat

(law) A certificate for a court discharge.


cess

en-verb

cess (third-person singular simple present cesses, present participle cessing, simple past and past participle cessed)

cesses (present singular third-person)
cessing (participle present)
cessed (participle past)
cessed (past)

And therefore, if there be lord, mesne, and tenant, and the tenant doth cess, and the mesne takes a wife and dies, his wife shall not have dower of the tenancy...

1827, John Perkins, A Profitable Book, Treating of the Laws of England:


respondeat superior

From Medieval Latin respondeat superior (“let the superior respond or meet a charge”).

bor

(law) A legal doctrine which holds that an employer, officer, manager, supervisor, or other individual or group superior to an employee or subordinate may be legally liable for the acts of that employee or subordinate.


rehearing

The Supreme Court is still considering a request for a rehearing of that case and may modify their decision.

1980 April 12, “Dan White To Serve Only Four Years?”, in Gay Community News, page 6:

(law) A second or subsequent hearing of a case.


subletting

[…] there are sublettings, overcrowdings of lands, clearances, and emigrations going on; and want of employment, with consequent destitution and wretchedness is the complaint of the majority of the inhabitants.

1846, Thomas Campbell Foster, Letters on the Condition of the People of Ireland, page 270:

(property law, real estate) Synonym of sublease.


ECC

en-noun

ECC (countable and uncountable, plural ECCs)

(law) Initialism of export control and customs.


select agent

(US, law) A pathogen or biological toxin which has been declared to have the potential to pose a severe threat to public health and safety.


chain of custody

chain of custody (plural chains of custody)

(law, chemistry) The documentation showing the full process of acquisition, transfer, handling and disposition of physical or electronic materials.

سلسلة الحيازة

the documentation showing the full process of acquisition, transfer, handling and disposition of physical or electronic materials


conflict of interest

conflict of interest (countable and uncountable, plural conflicts of interest)

Grassley continues to probe Abedin’s potential conflicts of interest when she was getting four different paychecks at once. “We know she set up dinners for Secretary Clinton and her private-sector employers and e-mailed private-sector employees from government accounts,” he says.

2016 January 31, “Is Huma Abedin Hillary Clinton’s Secret Weapon or Her Next Big Problem?”, in Vanity Fair, retrieved 2016-01-21:

Rishi Sunak is facing questions over a potential conflict of interest after it emerged a childcare firm part owned by his wife is to benefit from major changes in the budget.

2023 March 29, Rowena Mason, “Rishi Sunak’s childcare policy risks conflict of interest with wife’s firm”, in The Guardian, →ISSN:

(law) A situation in which an individual or legal entity in a position of trust (such as an attorney, investment advisor, broker, politician, executive, director, scientist or physician) has competing professional or personal interests.

صراع مصالح

conflicting interest in position of trust


non compos mentis

From Latin non (“not”) + compos (“in control, having mastery”) + mentis (“of mind”).

(law, but also seeing wider use) Insane; not of sound mind; not in control of oneself.


executive order

executive order (plural executive orders)

(law, chiefly US) An ordinance issued on the authority of the head of the executive branch of government.

أَمْرٌ تَنْفِيذِيٌّ

decree issued on the authority of the executive branch of government


obtention

obtention (usually uncountable, plural obtentions)

(rare, sciences, law) The act of obtaining.


remanet

(British, law, Parliament) A bill that has been postponed or deferred to another session.


allodial title

(property law) Ultimate ownership of real property that is not granted out of a superior interest in land and therefore not inherently subject to any encumbrance; almost always held by the state; the title out of which freehold title is granted.


right of first refusal

right of first refusal (plural rights of first refusal)

"Well," said the publisher, "does our last contract with whoever it is that represents Shar give us the right of first refusal on his next book?"

1985, Richard Lourie, First Loyalty, →ISBN, page 258:

(law) A provision in a contract that permits a party to that contract or another named party to have an opportunity to purchase, use, or otherwise obtain a specified object before it is offered to any other party.


certiorari

/ˌsɝʃəˈɹɛɹaɪ/

/ˌsɝʃəˈɹɛɹi/

/ˌsɝʃəˈɹɑɹi/

/ˌsɜːʃəˈɹɛəɹaɪ/

/ˌsɜːʃəˈɹɛəɹi/

/ˌsɜːʃəˈɹɑːɹi/

From the present passive infinitive of Latin certiōrō (“to make certain”), from the words used at the beginning of these writs when they were written in Latin: certiorārī volumus (“[we] wish to be made certain”).

(US, law) A grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear.

(British, law) A grant of review of a government action by a court with discretion to make such a review.


RAND

(law) Initialism of reasonable and nondiscriminatory: a standard used with respect to licensing.


nonenforceable

(law or rare) Not enforceable; not able to be enforced; unenforcible.


nudum pactum

From Latin nūdum, the neuter form of nūdus (“nude, bare”) + pāctum (“bargain, agreement”).

(law) In common law, a promise that is not legally enforceable due to lack of consideration.


summary judgment

summary judgment (countable and uncountable, plural summary judgments)

(law) The determination by a court that no factual issues are in dispute, and that the legal issues require the case to be decided in favor of one party or the other.


shotgun pleading

shotgun pleading (plural shotgun pleadings)

(law) A legal complaint or an answer to a complaint which sets forth an excessive number of facts with no clear organization, and then asserts that those facts describe a cause of action or a defense.


willful ignorance

(idiomatic, law) A decision in bad faith to avoid becoming informed about something so as to avoid having to make undesirable decisions that such information might prompt.

tarkoituksellinen tietämättömyys

a decision in bad faith to avoid becoming informed


negligent entrustment

(law) A tort cause of action that arises where a party is injured because the other party entrusted a dangerous instrumentality (such as a vehicle or a weapon) to a person whom the other party knew or reasonably should have known should not be trusted with that instrumentality.


evergreening

(patent law, pharmaceuticals) The practice of slightly altering a drug to extend patent protections.


coverture

coverture (countable and uncountable, plural covertures)

From Middle English, borrowed from Old French coverture, from covrir (“to cover”) or from Late Latin coopertura. Doublet of couverture.

Note that voting by widows did not raise some of the concerns that might have arisen from voting by wives subject to common-law coverture servitude to their husbands.

2006, Akhil Reed Amar, America's Constitution: A Biography:

(law, historical) A common law doctrine developed in England during the Middle Ages, whereby a woman's legal existence, upon marriage, was subsumed by that of her husband, particularly with regard to ownership of property and protection.


sharp practice

sharp practice (countable and uncountable, plural sharp practices)

(law) A lawyer's unfairly taking advantage of an opposing party's missteps or inexperience to gain an advantage.


ex nunc

(law) “from now on”. Used to describe certain legal effects which are applicable solely from this point (in time) on and therefore do not affect past actions.


PGDipLP

(law) Acronym of postgraduate diploma in legal practice. Often used after the names of those who have studied and passed the Legal Practice Course, and who have not yet attained solicitor status.


ex tunc

(law) from the beginning, from the outset. Used to describe certain legal effects that can affect situations prior to this point in time and therefore can affect past actions.

ex tunc

law: from the beginning, from the outset