INTRODUCTION
The Law contains loads of jargon and phrases that mean very little to the normal man in the street. Here we provide explanations for some of the more common phrases used in the legal profession. If there are any others that you would like us to explain please let us know at
jargon@seatons.co.uk.
ACTION
Civil court proceedings
ACT OF GOD
An unforeseen event that is not usually guarded against.
ACTUS REUS
The actual physical guilty act. This links into the "Mens Rea" which means the criminal intention. Usually the two need to be in place for someone to be found guilty of a criminal offence.
ADMINISTRATOR
A personal representative who deals with the administration of an estate of a deceased person who has died without making a will.
AD VALOREM
According to the value. The tax paid for stamp duty on house purchases is based on the value of the property being purchased.
AFFIDAVIT
A written statement used as evidence in a court of law that is sworn before a solicitor or a commissioner as being accurate.
ANTON PILLAR
A search warrant allowing the documents and the premises belonging to a person to be seized within civil court proceedings.
ATTESTATION
The signature of a witness on a document.
BAILIFF
A person employed to serve and enforce court documents and orders.
BENEFICIARY
A person entitled to property under a will or trust.
BEQUEATH
To leave property under the terms of a Will
BURDEN OF PROOF
The legal obligation of proving a court case.
CAVEAT EMPTOR
Let the buyer beware.
CHATTELS
All personal property other than freehold property or estate.
CIVIL
Non criminal law
CONSIDERATION
Something of value that is given in return for a promise from somebody else. Almost every legal contract requires some consideration.
CONVEYANCING
The description given to the legal transfer of property.
CURTILAGE
A garden, field or yard surrounding a property.
CUSTOM
An unwritten law dating back many years.
DEED
A written legal document that is signed and witnessed.
DEFENDANT
A person or firm that has legal proceedings brought against them.
DEMISE
A grant of a lease in land.
DISCOVERY
A procedure where documents are disclosed to other parties in a civil court action.
DOMICILE
The location of a person’s permanent home
EASEMENT
A right over the land of another. E.G. A right of light, or a right of way, or a right of support.
EQUITY
A flexible and complicated legal theory that allows the law to be administered in a fair and equitable manner.
ESTATE
An interest in land.
EX PARTE
A legal application made without the other parties consent.
FREEHOLD
An arrangement where land is held and owned by someone.
HABEAS CORPUS
That you have the body. An application made when someone is illegally detained.
INJUNCTION
A court order requiring someone to do something or to refrain from doing something.
INTERLOCUTORY
An interim stage in a court action.
INTESTATE
Dying without leaving a will.
JUDICIAL REVIEW
An application made to a higher court when a lower court or body has acted incorrectly and unjustly.
LAWYER
A general umbrella term used to describe someone who practises the law. This can be a Solicitor or a Barrister.
LEASEHOLD
A legal arrangement where land is held for a limited period of time.
LIEN
An arrangement where someone’s asset is retained until their debt has been paid off.
LIMITATION
A period of time imposed by law usually for court proceedings to be issued.
LIQUIDATED SUM
A specified or fixed sum that can be easily calculated.
MENS REA
The criminal intention to commit a crime. (See Actus Reus)
MESSUAGE
A house with it’s curtilage (garden, field, yard etc)
MOIETY
One half.
OBITER DICTUM
A statement of opinion by a judge in a case.
OFFICIAL SOLICITOR
A body that acts in the courts to represent children or persons under a disability.
OPTION
A right to buy something.
PASSING OFF
A tort where somebody attempts to pretend that their goods or business are those of another.
PEPPERCORN RENT
A very small nominal rent
PLEADINGS
Formal documents in a civil court action
POLIGAMY
Having more than one spouse.
QUANTUM MERUIT
As much as someone has earned
RATIO DECENDI
The reason for a judge’s decision in a case.
RES IPSA LOQUITUR
The matter speaks for itself.
SINE DIE
Indefinitely.
SPECIAL DAMAGES
A claim for financial losses.
STATUTE
An act of parliament.
STAY
The stopping of a court action.
SUBPOENA
A court order forcing someone to attend court.
SURETY
A guarantor.
TESTATE
Died having made a will.
TESTATOR
A person who makes a will.
TORT
A civil wrong and an area of law that includes nuisance, negligence, trespass and defamation.
ULTRA VIRES
Outside the powers of something.
UNLIQUIDATED DAMAGES
Sums that cannot easily be calculated.
VOID
Of no legal effect.
VOIDABLE
Capable of being of no legal effect and of being set aside.
VOLENTI NON FIT INJURIA
Knowledge of the risk of injury is not enough. A person who has been injured can still claim compensation from another for their injuries even if they knew of the risk of being injured.
FINALLY
If there are any others that you would like us to explain please let us know at
jargon@seatons.co.uk.
