AN
A–Z
OF
LEGAL TERMS
LEGAL TERMS
Abatement
A reduction, allowance or rebate
Abrogate
To repeal, cancel or annul
Abscond
To secretly go away, to evade the law
Absolute
Complete and unconditional
Accessory
A person who is concerned with a serious crime,
but who does not actually commit it. An accessory
before the fact might, for example, have persuaded
or encouraged someone else to commit the crime.
An accessory after the fact might have helped the
criminal to hide or escape.
Acquittal
The opposite of conviction, usually after a person
has been found guilty. If a person is acquitted, he
or she cannot be prosecuted again for the same
offence.
Adjournment
A temporary halt in the hearing of a court case.
Can be at the request of either party to the case, or
the judge or magistrate can call an adjournment for
his or their own reasons.
Administrator
A person appointed to manage the property of
another, usually after the other person has died
without making a will.
Affidavit
A written statement in the name of the person
called the deponent, by whom it is voluntarily
signed and sworn to or affirmed. The statement
must contain certain facts which the deponent can
prove.
Affiliation proceedings
The name of the court action taken by an
unmarried mother claiming maintenance for the
child from the father.
Affirmation
A statement that something is true which may be
made instead of an oath, if an oath is contrary to
the person’s religious beliefs or if the person has
no religious belief.
Agent
A person employee to act on behalf of another.
Anything done by the agent, within the scope of his
authority, binds his principal.
Alienation
The power of an owner or tenant to pass on his or
her interest in the property to someone else.
Appearance
Entering an appearance is a formal step taken by a
defendant notifying the plaintiff that he or she
intends to contest or take part in the proceedings. If
the defendant does not enter an appearance, the
plaintiff can take steps to obtain judgement without
the defendant.
Appellant
One who appeals to a higher court from the
decision of a lower court.
Arrears
Debts not paid at the due date
Assign
To transfer property
Attorney
A person appointed by another to act in his place
or represent him.
Averment
An allegation made in pleadings before a court.
Award
The decision of an arbitrator in arbitrator
proceedings. It can be enforced in the same way
as a judgement or order made by a court.
Bail
An accused person is given bail when released
from custody, either on his or her recognisance or
with sureties (see below). If the accused person
does not appear in court on the set date, he or she
is guilty of an offence and the set sum of money
will be forfeited.
Bailiff
A court officer employed to do such things as serve
documents and execute court orders.
Bailment
When one person (the bailor) hands over goods to
another (the bailee) on conditions that they will
return after a certain time. For example, when you
give clothes to a cleaner to be dry cleaned, this is a
bailment.
Bankruptcy
Procedure under which a person’s property is
taken over and distributed amongst his or her
creditors.
Bench
The judges of a court of law.
Bequest
A gift of personal property (as opposed to real
estate) by will.
Bill of sale
A document which transfers ownership of goods
when possession is unchanged. Usually used as a
type of mortgage as security for a loan.
By-laws
Rules made by some authority (for example, local
council) which are binding.
Capital
Capital bears the same relation to income as a tree
does to fruit. For example, if you own a house, that
is capital and the rents are income. If you sell the
house, the interest is income. Capital is the fund or
body from which income is derived.
Caveat
A warning. If someone puts a caveat on the
certificate of title of a property, it is a warning to
intending purchasers that there is an outstanding
interest over the property.
Chattels
Any property other than absolute ownership of
land.
Circumstantial evidence
A series of circumstances which seem to indicate
guilt where there is no direct evidence. It is
sometimes regarded as better evidence than direct
evidence which can be fabricated or mistaken. For
example, if a person was accused of murder by
poisoning, circumstantial evidence, such as the fact
that the person bought some poison earlier, can be
proved without doubt.
Civil action
As opposed to criminal action, is between private
individuals or organisations. One party seeks to
prevent, stop or be compensated for harm caused
by the other party.
Codicil
If a person wants to change or add to his or her
will, he or she can make a codicil. It is attached to
the will and becomes part of it if it is properly
signed and witnessed.
Common law
Is that part of the law which is developed by judges
in the course of deciding cases. Since judges are
bound by earlier case decisions, a body of law has
gradually developed.
Consideration
Value given in return for some other benefit to
equal value. Not necessarily money.
Constitution
The form in which a state (or organisation) is
organised. The Australian Constitution sets up the
structure of our government and defines the
powers of the parliament, the executive and the
judiciary.
Constructive
A right, liability or status created by law without
reference to the intention of the parties. For
example, constructive notice is when a person is
held to have notice of something because they
would have known about it had they made proper
enquiries.
Contempt of Court
Failure to obey a court order, some act of
resistance, or insult to the court, or conduct likely to
prejudice the fair trial of an accused person.
Contingent
Something which depends on the happening of an
event.
Contact
An agreement which can be enforced in court. In
some cases, the contract must be written (for
example, land dealings). Otherwise it can be
written or verbal or both. To be enforceable, the
agreement must be between adults (minors can
contract only if it can be shown it was to his/her
benefit) who know what they are doing and who
intend to make an enforceable contract. The
purpose of the contract must be legal and all the
essential terms of the contract must have been
agreed to (if you agree to buy something, but the
price is not yet settled, the contract must be written,
there must also be valuable consideration or give
and take on both sides. An agreement to give
someone something for nothing is not a contract.
Conveyance
A method of transferring property.
Copyright
The right to prevent anyone else from printing or
copying an original work. Copyright covers literary,
artistic, or musical works, films, recordings and
broadcasts. Copyright lasts for fifty year after the
death of the author.
Corroboration
Evidence which confirms other evidence.
Costs
As a general rule, if you win a court case you are
entitled to have your costs paid by other party.
However, it is up to the judge to decide and in the
Family Law Court each party usually pays his or
her own costs. If you are awarded costs, the other
party will usually have to pay your solicitor’s fee,
provided it is reasonable, and ‘party and party’
costs, which include court fees, stamps and
barristers’ charges.
Courter claim
If driver A, who was involved in an accident, claims
damages against driver B and driver B responds by
claiming that driver A caused the accident and
must therefore pay B damages, that is a counter
claim. The parties are suing each other in one
action instead of each suing the other in separate
court actions.
Convenant
An agreement creating an obligation, contained in
a deed. For example, if a person decides to sell
part of land, he or she may require the purchaser to
agree that any building will be in brick. The
agreement becomes a convenant which is noted
on the title deed. All later purchasers of the
property will be bound by it.
Credit
The time in which a creditor will allow a debtor to
pay, or the total amount which is permitted to be
owed.
Creditor
A person to whom a debt is owing.
Custody
Care and control. In relation to a child, one person
can have custody while another is the legal
guardian. Day to day care and control is
undertaken by the custodian, but major decisions
about the child’s upbringing and education must be
made by the guardian.
Damages
Compensation for loss suffered through another’s
fault.
De facto
In fact (though not in law).
Debenture
A certificate of right to drawback or a document
issued by a company or public body as evidence of
a debt or as a security for a loan, with interest.
Debt
A sum of money due from one person to another.
Decree
An order of a court after hearing a case. A decree
absolute is final and conclusive. A decree nisi is
temporary or conditional.
Deed
A document, signed, sealed and delivered, to prove
the parties’ agreement to its content.
Deed poll
A unilateral dee, for example, to pay a debt or to
appear in court when required.
Defense
A document served on a plaintiff in answer to the
plaintiff’s statement of claim.
Demurrage
The detention of a ship for longer than the time
needed for loading or unloading. The money
payable to the ship owner for such a delay.
Deponent
A person who makes an affidavit or deposition.
Deposition
A statement on oath of a witness in a court hearing.
Devise
A gift of real estate in a will.
Discharge
To take away the binding force of a right or
obligation. Thus, payment discharge a debt.
Divorce
The dissolution of marriage.
Domicile or domicil
The country in which a person is permanently
resident. It depends on the physical fact of
residence plus the intention of remaining. If a
person has no place where he or she is
permanently resident, domicil is country of birth.
Donee
The recipient of a gift.
Donor
A giver of a gift.
Duplicity
A pleading in court can be rejected for duplicity if it
contains more claims, charges or defences than
one. For example, you can’t say that you are not
guilty of murder because you were acting in selfdefence and you were insane. You must choose
one or the other. You can’t be charged with murder
and manslaughter for the one act.
Duress
Pressure caused by injury or threat which is likely
to interfere with a person’s freedom of thought or
action. Acts done under duress are usually invalid.
Easement
A right enjoyed by an owner of land over the land
of another, such as rights of way, rights of light or
right of support.
Encroachment
The unauthorised extension of the boundaries of
the land. For example, a house might be built so
that it extends over a boundary on to a neighbour’s
land.
Encumbrance
A liability which is attached to property. For
example, a mortgage is an encumbrance. If a
mortgaged house is sold, the buyer gets it subject
to the mortgage unless the mortgage is discharge
earlier.
Equitable
That which is fair, or which arises from the liberal
interpretation of a law or which is part of the law of
equity as opposed to common law.
Equity
A body of rules which was developed to
supplement the common law. It was based on the
principles of fairness or natural justice.
Estate
An interest in land.
Evidence
All the legal means which tend to prove or disprove
a fact
Ex parte
An application to a court made either by an
interested person who is not a party to the dispute
or by one party in the absence of another.
Executor
The person appointed in a will to be responsible for
seeing that the provisions of the will are carried out.
Expert witness
A person with special skills or qualifications which
fit him/her to express an opinion in court. The
opinions of ordinary witnesses are irrelevant. The
court decides whether or not a person is expert.
Extradition
The delivery, by the authorities of one country (or
state) of a person who has committed a crime in
another country to the authorities in that country.
Extradition will only take place between countries
which have extradition treaties. Extradition is not
allowed in the case of political offences.
Fee simple
Absolute ownership of land as opposed to (for
example) having a lease or a life interest in the
land.
Felony
A category of crimes ranking in seriousness below
treason and above misdemeanours. Murder,
bigamy and rape are felonies.
Fiduciary
The relationship of one person to another where
the former must act for the benefit of the latter. The
person in a fiduciary position is not supposed to
make a personal profit or to allow his duty and his
interest to conflict.
Foreclosure
When a mortgagor fails to pay off the mortgage
debt within the proper time, the mortgagee is
entitled to foreclose – to force the sale of the
property to pay the mortgage debt.
Fraud
The obtaining of material advantages by unfair or
wrongful means.
Garnishee order
An order to someone (usually an employee) who
owes money to a debtor to pay that money to the
debtor’s creditor.
Guardian
A person who has the right and the duty to protect
another person (usually a child), their property and
their rights.
Hearing
A trial or court action.
Hearsay
If someone says, ‘Joe Blow said….’, that is
hearsay. If Joe blow himself says, ‘I saw….’, that is
direct evidence. As a rule hearsay evidence is not
admitted in court. The person who made the
statement should be there to give direct evidence.
Holding out
A person ‘holds her/himself out’ when allowing
others to believe that he/she has certain skills or a
certain position.
Holding over
Is where a tenant continues to stay on after the
lease has expired. He or she becomes a tenant
from week to week or month to month, depending
on the circumstances.
Hostile witness
A witness who is hostile to the party who called him
or her. The witness may be cross-examined by the
lawyers of that party.
Implication
An inference which may be drawn from facts or
circumstances. What is implied may be presumed
by law to exist, whether or not it does in fact.
Imprimatur
Let it be printed.
In camera
The hearing of a case in private.
In loco parentis
In place of a parent.
In personam
Something directed at a specific person. For
example, a right which can be enforced against a
specific person, as opposed to the world at large;
you would have such a right if you are the
beneficiary of a trust. You can enforce your rights
against the trustee and no one else.
In rem
Something directed at the world at large, as
opposed to a specific person. For example, if you
own a house, your property rights can be enforced
against the world at large.
In situ
In its original situation.
In specie
In its own form and essence, and not in its
equivalent. For example, if you lend something,
you want to get it back – you don’t want something
else in its place.
Indemnify
To make good a loss which one person has
suffered through the act or default of another.
Indemnity
A contract or security designed to prevent a person
suffering as the result of the act or default of
another.
Indenture
Originally a document written in duplicate on one
piece of paper and divided by cutting through the
wavy line. The two parts (counterparts) could be
fitted together to prove they were genuine. Today
the same effect is achieved by a deed.
Indictable offences
The more serious crimes tried by judge and jury
rather than by a magistrate alone.
Information
A formal step by which certain civil and criminal
court proceedings are started.
Injunction
An order by which a party to a court action is
required to do, or not do, a certain thing.
Inquest
An inquiry made by a coroner into the death of a
person, which was unexplained or happened in
suspicious circumstances.
Instrument
A formal legal document.
Interest
A person has an interest in a thing when he/she
has rights, titles, advantages, duties or liabilities
connected with it.
Interest is also a sum payable in return for the use
of another sum of money, called the principle.
Intestacy
Dying without leaving a will. If a will disposes of
part of a person’s property, but not all of it, the
person dies partially intestate.
Joint and several obligation
An obligation entered into by two or more people
whereby they are all responsible together and as
individuals. For example, if two partners owe
money, the creditor can sue them both together
and each would pay half. If, however, one
disappeared or went bankrupt, the creditor can sue
the other for the full amount.
Joint obligation
An obligation entered into by two or more people
whereby they can only be sued jointly, not
separately as individuals.
Joint tenancy
When land is owned by two or more people as joint
tenants there is a right of survivorship. That is,
when one dies, his or her share automatically goes
to the survivor(s). Only the last surviving owner can
dispose of the property by will.
Judgement
The decision or sentence of a court. Also the
reasoning of the judge which leads him to a
decision which may be reported in law reports.
Judgement debt
If one party is ordered to pay money to the other,
this is the judgement debt and interest of 10% is
payable from the date of judgement.
Jurisdiction
The power of a court or judge to hear a case. Also
the geographical limits within which the orders of a
court can be enforced or executed.
Jurisprudence
The philosophy or theory of law.
Jury
A body of people called to decide questions of fact
(as opposed to questions of law) in a court case.
There is a right to trial be jury for the more serious
crimes. In other cases, the accused may elect to
have a jury trial while minor cases can only be tried
summarily, that is, by a magistrate.
Laches
Negligence or unreasonable delay in asserting or
enforcing a right.
Larceny
Theft
Law report
A published account of a court case, giving a
statement of facts and the reasons the court have
for its judgement.
Law Society
An organisation which is entrusted with the control
and regulation of the solicitors’ profession.
Lease
The grant of possession of property to a person for
a specified period of time.
Liability
A legal obligation.
Lien
The right to hold the property of another as security
for the performance of an obligation.
Limitation period
The period during which a person can take court
action to enforce a right. For example, action to
recover a debt must be taken within six years.
Limited company
A company in which the liability of the members is
limited to the amount, if any, unpaid on the shares
held by them or to the amount which they have
agreed to pay if the company is wound up.
Liquidated
Fixed or ascertained. A debt is liquidated when
paid. A company when wound up.
Liquidated damages
If court action is taken for a fixed sum, such as a
debt owing or specific financial loss, they are
liquidated damages. If the amount being sued for is
not fixed, for example if you are suing for pain and
suffering or loss of reputation, it is not liquidated.
Liquidator
A person appointed to carry out the winding up of a
company.
Litigation
Names given to all forms of court action.
Locus stand (standing)
The right to be heard in court. To have locus
standi, you must be personally affected by a
dispute.
Lodger
A person who occupies rooms in a house of which
general possession remains in the landlord.
Lodgers don’t have the right of tenants.
Magistrate
A judicial officer with summary jurisdiction (power
to hear cases alone, without a jury) in minor
criminal and civil matters.
Maintenance
The supply of basic necessities to a person.
Parents have a duty to maintain their children.
Spouses have a duty to maintain each other
according to their needs and ability to pay.
Memorandum
A note of the details of some agreement of
transaction.
Mens rea (guilty mind)
An evil intention or a knowledge of the
wrongfulness of an act. Mens rea must be present
for a person to be found guilty of most (but not all)
types of crime.
Mention
If a date is set for mention, the case will not be
heard that day. The judge or magistrate will simply
check that both parties are ready to go ahead and
will set a further date for hearing.
Misdemeanour
A less serious type of crime usually punished by a
fine or imprisonment.
Misprision of a felony
Failing to tell the police what you know about a
crime which a reasonable person would think
should be reported.
Misrepresentation
A statement, or action, which gives a false or
misleading impression.
Mitigation
When a person is undoubtedly guilty of a crime, his
or her legal representative will put forward
mitigating facts which could lessen the punishment.
For example, if a person has been found guilty of
drink driving, evidence that there will be loss of job
if he/she can’t drive, that there are three children to
support, and that might persuade the magistrate
that there should be no cancellation of the driver’s
licence.
Moratorium
A postponement of payment of debts.
Mortgage
A devise whereby a loan is secured by giving the
lender the right (which is noted on the title deeds)
to force the sale of a property to recover any
money which is not repaid.
Mortgagee
Mortgagor
The person to whom property is mortgaged. The
lender.
The person who mortgages a property. The
borrower.
Natural justice
Rules for any person or body responsible for
deciding disputes affecting the rights of others, for
example a government department. The rules are
to act fairly, in good faith, and without bias and give
each side an opportunity to present its case and to
hear the argument for the other side. A judge must
declare any interest held in the subject matter of
the dispute. A person must have notice of what
he/she is accused. Any relevant documents must
be seen by both parties.
Negligence
You must take reasonable care to avoid acts and
omissions which you can reasonably foresee would
be likely to injure others. If you fail to take what an
ordinary person would regard as reasonable care,
you would be liable to compensate anyone whose
person or property is injured as a result.
Negotiable instrument
A transferable document. An uncrossed cheque is
negotiable because if you give it to another person,
you transfer the right to the money to them. A
contract is not negotiable. It is only enforceable
between the parties.
Next friend
A person, usually a relative, who takes court action
on behalf of a child or psychiatric patient.
Notice
Knowledge of awareness. Notice is either actual
(express) or constructive (implied). Constructive
notice is where a person is deemed to have
knowledge of a fact because he/she would have
known had he/she made proper inquiries.
Nuisance
An inconvenience substantially and unreasonably
interfering with either an occupier’s enjoyment of
his/her property or the public’s enjoyment of a
communal right, for example, to fresh air, to use of
a road, etc.
Nullity of marriage
A marriage is annulled when the court decides that
it never was a valid marriage. A marriage can be
annulled if, for example, there is not a proper,
informed consent by one party. Non-consummation
is not a ground for annulling a marriage.
Oaths
An oath is a statement whereby the person calls on
his God to witness that what he/she says is true.
An affirmation may be made instead of an oath.
Paye
Pay as you earn. The system of collection of
income tax by deduction made by the employer
from the employee’s assessable income.
Verbal or oral
Parol
Parties
Persons suing or being sued or who take part in a
transaction.
Party-wall
A wall between property belonging to different
owners. Usually each owner owns half of the wall
closest to his or her property but has a right to use
and support over the whole wall.
Passing off
The pretence that one person’s goods are those of
another – for example, if a trader does anything
which makes customers believe that they are
buying a certain brand, when in fact they are not.
Patent
The right to exclusive use and benefit of a new
invention.
Per se
By itself. Taken alone.
Plaintiff
One who brings an action in court.
Plea
A reply to a plaint. In a criminal case, if an accused
person enters a plea, he or she is giving notice of
intention to plead not guilty.
Pleadings
Written statements which the parties to an action
deliver to one another setting out the facts as they
see them. As an example, the plaintiff delivers a
Statement of Claim. The defendant then delivers a
Defence. The point on which they disagree then
become the issues in the case.
Power of appointment
The power to create or change estates or interests
in property.
Power of attorney
A formal instrument by which one person
empowers another to represent him/her to act on
his/her behalf, for certain purposes.
Preference clause
A clause in an industrial award which gives union
members the right to be employed in prefernece to
non-union members.
Prejudice
Injury. A statement made ‘without prejudice’ for the
purpose of settling a dispute cannot be used
against the person making it in court.
Presumption
A conclusion that some fact is true. In law there are
two types of presumptions. A rebuttable
presumption is one that can be disproved by the
evidence – for example, the presumption that an
accused person is innocent is rebuttable. An
irrebuttable presumption cannot be disproved by
evidence – for example it is an irrebuttable
presumption that a child under ten years cannot
commit a crime.
Prima facie
If one person starts a court action, and therefore
has the burden of proving the claim he or she is
making, he or she must have a prima facie case.
This means having evidence which would prove
the case if the other party said nothing to disprove
it.
Principal
The perpetrator of a crime; the person who
authorise an agent to act on his/her behalf; a sum
of money which is loaned at interest principal or
plea.
Privilege
An exceptional or extraordinary right or exemption
which a person has because of his/her office or
status.
Privity
Necessary before a person can sue another in
relation to a contract, that is, the parties must be
the parties who actually made the contract. You
can’t sue someone for breaking a promise in a
contract unless the promise was to you personally.
Pro rata
In proportion.
Probate
A certificate that a will is valid and can now be put
into effect by the executor.
Prothonotary
A chief clerk in a court.
Provocation
Acts which prevents the exercise of reason and
self-control. Provocation may reduce murder to
manslaughter.
Proxy
A person authorised to act in place of another, for
example, to vote for another.
QC – Queen’s counsel
A status conferred on senior barristers in
recognition of their competence. Sometimes called
silks, because they wear silk gowns.
Quash
To discharge or set aside – for example, a wrongful
conviction.
Quasi
As if it were. Something which is similar to, but not,
the real thing.
Quid pro quo
Something for something. Payment.
Ratio decidendi
The reason (or ground) of a judge’s decision.
Re
In the matter of.
Real property
Immovable property. Land and interests in land.
Rebut
To repel, defeat or take away the effect of
something.
Recognisance
An obligation or bond acknowledged before a court
or court officer. Sometimes the recognisance is
secured by a surety. This means that the person
who acts as surety will lose a certain sum of money
if the recognisance is broken.
Registrar
An officer responsible for keeping a register. Court
registrars keep the court records. In some courts,
the registrar has power to make certain orders
which are not opposed, so that the matter doesn’t
have to go to court.
Remedy
The means by which the violation of a right is
prevented, redressed or compensated.
Rescission
Revocation or taking back – for example, in a
contract, if one party rescinds he/she is treating the
contract as never having existed.
Right of way
The right to pass over another’s land.
Sanction
The penalty or punishment provided as a means of
enforcing obedience.
Semble
It appears.
Sequestration
A legal other depriving a person. Service may be
personal or substituted. In which case it may be
delivered by post or to some other person likely to
bring it to the notice of the person served, or it may
be advertised.
Several
Separate; as opposed to joint.
Severance
When a transaction is made up of several parts so
that it is possible to disregard one or more of those
parts while keeping the rest. For example, if one
part of a contract is invalid but it is only a subsidiary
part, it can be severed by a court without altering
the main part of the contract.
Specific performance
A court order that a person must perform his or her
part of the contract.
Spouse
Husband or wife.
Stakeholder
An independent person to whom money is paid
until a certain event happens. In a sale of property
the real estate agent holds the deposit as
stakeholder during the period between exchange of
contracts and settlement.
Stamp duties
Money raised by means of stamps affixed to
documents such as receipts, transfers of land,
leases, etc. Documents which must be stamped
cannot be registered or used as evidence in court
hearings unless they have been stamped. The
amount of stamp duty depends on the value of the
property with which the document deals.
Statement of claim
A written statement by a person making a claim in
a higher court, setting out the facts on which the
Statute
An act of Parliament. A law made by parliament as
opposed to the common law which is developed by
judges.
Statutory declaration
Written statement of facts which the person making
it declares to be true in front of a justice of peace. It
is used instead of an affidavit in matters which are
not going to court. Making a false declaration is an
offence.
Stay of execution
The suspension of the operation of a court order.
Stay of proceedings
Suspension of a court action which may be
temporary or permanent.
Strict liability
Liability without fault. Usually, to commit a crime, a
person must know that what he/she is doing is
wrong. With strict liability offences, you are guilty if
you did it, regardless of intention or knowledge.
Subpoena
A court document requiring a person to be
represented at a certain time and place for a
certain purpose.
Subrogation
The substitution of one person or thing for another,
so that the same rights and duties which attached
to the original person or thing attach to the
substituted one.
Sue
To bring a court action against a person.
Summary proceedings
A court action in which a magistrate, sitting alone,
decides the case, as opposed to a judge and jury.
Summons
A document issued from a court office requiring a
person to come to court.
Surety
A person who binds her/himself to satisfy the
obligation of another person, if the latter fails to do
so; a guarantor. If a surety satisfies the other
obligation, such as by paying a debt, he or she can
sue the other for the money.
Taxation of costs
The process of examining and, if necessary,
reducing the bill of costs of a solicitor.
Tenancy in common
A method of enabling two or more people to own
land so that they have possession in common, that
is, they all have the right to occupy the whole of the
property, but each can pass on his or her shares in
a will. This is in contrast to a joint tenancy under
which the survivor automatically becomes the sole
owner when the joint tenant dies.
Tenant
One who holds land, as opposed to owning it.
Tender
An offer.
Tenure
The method of holding land, or occupying land, or
an office.
Test case
A court case, the result of which applies to similar
cases which then do not go to court.
Testament
A will of personal property.
Testate
Having made a will.
Testator
Person who makes a will.
Testimony
The evidence of a witness in court.
Title
The right of ownership of property.
Title deeds
Documents which provide the evidence of
ownership.
Tort
An act which causes harm to another person but
which is not a crime, or against the law, or a breach
of contract – for example, negligence or nuisance.
Tortfeasor
One who commits a tort.
Tortious
Wrongful.
Transcript
An official copy of proceedings in court.
Traverse
To deny an allegation of fact in a court hearing.
Trust
Uberrimae fidei
A relationship whereby one person (the trustee)
holds property on behalf of or for the benefit of,
another (the beneficiary). No special words are
needed to create a trust if the intention is shown or
can be inferred. Trusts can be expressed (created
by words), or implied by law.
Of the fullest confidence. A contract is uberrimae
fidei when one party is bound to tell the other every
fact which might influence a decision on whether or
not to enter into the contract – for example,
insurance contracts.
Ultra vires
Beyond the power. In excess of authority and
therefore invalid.
Undertaking
A promise which can be enforced in court.
Undue influence
If a person does something in circumstances which
show that he/she did not exercise free judgement
on the matter, the court will set it aside.
Unenforceable
An agreement which a court will not uphold.
Unliquidated
Unspecified. The jury decides on the amount of
damages.
Usury
Illegal or excessive interest.
Variation
Alternation or change.
Void
Of no legal effect.
Voidable
An agreement which has full legal effect until one
party succeeds in putting an end to it.
Voir dire
A preliminary examination of a witness or some
other evidence by a judge, to decide whether or not
it ought to be heard in court.
Voluntary
something given without suitable payment.
Volunteer
A person who gives services without payments. A
person who receives a gift.
Wager
A promise of money or something else if an
uncertain event happens.
Waive
To renounce or disclaim a benefit.
Ward
A child who is under the care of a guardian. A state
ward is under the care of the state.
Warranty
A guarantee of assurance.
Will
A declaration by which a person provides for the
distribution or administration of his/her property
after his/her death.