LAW DICTIONARY PDF
LAW DICTIONARY. Definitions of the Terms and Phrases of. American and English Jurisprudence,. Ancient and Modern. By. HENRY CAMPBELL BLACK, M. A. This dictionary has been written by a distinguished team of academic and practising lawyers. It is intended primarily for those without a qualification in law who. The Dictionary includes both civil and criminal terminotogy and utilizes New York State Environmental Conservation Law definitions whenever possible.
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ARDS, NAAJA & AIS. 1. The Plain English Legal Dictionary. Northern Territory Criminal Law. A resource for Judicial Officers,. Aboriginal Interpreters and. Author of Database Development For Dummies,. SQL All-in-One For Dummies, and may download SQL For Dummies, 8th. Black's Law Dictionary (8th ed. ),. Page 2. 2. A. a (usu. cap. & often ital.) A hypothetical person [Latin] From; by; in; on; of; at.
Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years. Because it is not written by elected politicians but, rather, by judges, it is also referred to as "unwritten" law. Judges seek these principles out when trying a case and apply the precedents to the facts to come up with a judgement. Common law is often contrasted with civil law systems which require all laws to be written in a code or written collection.
Common law has been referred to as the "common sense of the community, crystallized and formulated by our ancestors".
Webster's New World Law Dictionary
Equity law developed after the common law to offset the rigid interpretations medieval English judges were giving the common law. For hundreds of years, there were separate courts in England and its dependents: one for common law and one for equity and the decisions of the latter, where they conflicted, prevailed.
It is a matter of legal debate whether or not common law and equity are now "fused. Common share The basic share in a company.
Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares eg. Company A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on persuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.
Also known as a "corporation. Comparative negligence A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
Condition precedent A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.
Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to an professional inspection, the results of which are satisfactory to the purchaser.
Compare with "condition subsequent". A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent.
Black's Law Dictionary - Editions 1-9
The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs. Divorces can be obtained by showing a fault of the other spouse, such as adultery or cruelty.
But a court will refuse to grant a divorce based on these grounds if there has been "condonation", which is the obvious or implied forgiveness of the fault. For example, if the "injured" spouse resumes cohabitation with the "guilty" spouse after being informed of the adultery, and for a long period or time, the "injured" spouse may be barred from divorce on the grounds of adultery because of "condonation". A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.
Latin term meaning an agreement, a meeting of the minds between the parties where all understand the committments made by each. This is a basic requirement for each contract. Consideration Under common law, there can be no binding contract without consideration, which was defined in an English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other".
Common law did not want to allow gratuitous offers, those made without anything offered in exchange such as gifts , to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. To leave an item of property in the custody of another. A item can be consigned to a transportation company, for example, for the purpose of transporting it from one place to another.
The consignee is the person to receive the property and the consignor is the person who ships the property to the consignee.
Conspiracy An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators. The basic law or laws of a nation or a state which sets out how that state will be organized by deciding the powers and authorities of government between different political units, and by stating and the basic principles of society.
Constitutions are not necessarily written and may be based on aged customs and conventions, as is the case in England and New Zealand the USA, Canada and Australia all have written constitutions. The legal process of interpreting a phrase or document; of trying to find it's meaning.
Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings.
Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Under the employment law of some states, judges will consider a situation where there has been a fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer.
For example, if an employer tries to force an employee to accept a drastic demotion, the employee might have a case for constructive dismissal and would be able to assume that the employment contract has been ended and seek compensation from a court.
A trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust contrast with express trusts and resulting trusts.
Contempt of court A act of defiance of court authority or dignity. Contempt of court can be direct swearing at a judge or violence against a court officer or constructive disobeying a court order. The punishment for contempt is a fine or a brief stay in jail i. A method of payment of legal fees represented by a percentage of an award.
Lawyers get paid in one of two ways: either you pay a straight hourly rate as you might pay a plumber eg. For example, if you go and see a lawyer because, after a medical emergency, your health insurance company refuses to pay your medical bills in violation of their policy, the law firm might say: "no money down.
In fact, we don't get paid a cent unless you do. And then, we take one-third off the top of any award you might get. In those countries that allow them, they are very prevalent in personal injury cases. Contract An agreement between persons which obliges each party to do or not to do a certain thing.
Things That Matter: Three Decades of Passions, Pastimes and Politics
Technically, a valid contract requires an offer and an acceptance of that offer, and, in common law countries, consideration. That body of law which regulates the enforcement of contracts. Contract law has its origins thousands of years as the early civilizations began to trade with each other, a legal system was created to support and to facilitate that trade. There are some minor differences on points of detail such as the English law requirement that every contract contain consideration.
More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market. Contributory negligence The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.
The Legal Dictionary. Black's Law Dictionary 2nd Edition. The best App for lawyers, law firms, law students and free legal advice. Law Bank. Surgery Dictionary. It include all the words related to surgical science withtheir short description. Doctor dictionary.
Contain all kind of information related to the word or medicine is in dictionary. Medical Terms And Definition. Each article, therefore, begins with a clear definition of the entry word or words and, in most cases, is followed by a more detailed explanation or description of the concepts involved. Written in concise English, without the unnecessary use of legal jargon, the book will also be of considerable value to members ofthe public who come into contact with the law and lawyers - house buyers, motorists, and hire purchasers are among those who cannot escape the effects of legislation or the unique prose style in which it is usually expressed.
In the five years since the last edition of the dictionary was published there have been radical changes in the English legal system, most notably in the areas of civil procedure resulting from the Access to Justice Act and the Civil Procedure Rules - the socalled 'Woolf Reforms' and human rights law brought about by the Human Rights Act The new edition reflects these and many other changes.
Black's Law Dictionary 8th Edition
If any provisions of new legislation were not in force at the time of publication, the entries to which they apply will indicate the direction ofthe proposed changes. Some entries simply refer the reader to another entry, indicating either that they are synonyms or abbreviations or that they are most conveniently explained, together with related terms, in one of the dictionary's longer articles. The use of the pronoun 'he' rather than 'he or she' in entries has been adopted to simplify the construction of sentences; it does not imply that the subject matter relates exclusively to males.
Simpson BA axon Solicitor E. Feltham BA Melb. The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius a thing belonging to no one , and a person taking possession of it therefore acquires a lawful title.
An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge. However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse.
The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal.
The offence of a parent or guardian leaving a child under the age of 16 to its fate. A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment.It is intended primarily for those without a qualification in law who nevertheless require some legallmowledge in the course of their work: chartered surveyors and accountants, civil servants and local-government officers, social workers and probation officers, as well as businessmen and legal secretaries are typical examples of those whose work often calls for a knowledge of the precise meaning and spelling of a legal term.
Cestui que trust or cestui que use The formal Latin word for the beneficiary or donee of a trust. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow.
This includes being shielded from testimony before a court of law. The word jurisprudence has become synonymous for case law. United States Language: