Deck 1 (A) Flashcards
Abandonment
giving up a legal right
Abatement
stopping a nuisance; reducing the payments to creditors in proportion
Abduction
taking someone away by force
Ab initio
from the start of something
Abovementioned
describing something which has been referred to
before in the document
Abscond
when a person fails to present themselves before the
court when required, such as when they have been
released on bail and not returned to court
Absolute
complete and unconditional
Absolute discharge
someone who has been convicted of an offence
being released without any penalty. (They may still
have to pay compensation though.)
Absolute owner
the only owner of property such as equipment,
buildings, land or vehicles.
Absolute privilege
a defence which can be used in a case of
defamation if the statement from which the
defamation arose was:
• made in Parliament;
• in fair and accurate news reporting of court
proceedings; or
• made during court proceedings.
Abstract of title
a document, drawn up by the seller, summarising the
title deeds to a property (such as a house).
Abuse of process
when criminal proceedings are brought against a
person without there being any good reason and with
malice.
Abuttals
the parts of the boundaries of a piece of land which
touch pieces of land alongside.
Acceptance
when an offer is accepted unconditionally and a
legally binding agreement is created.
Acceptance of service
when a solicitor accepts a writ on behalf of a client.
Acceptor
the organisation (such as a bank) which will pay the cheque or bill of exchange it has accepted.
Accessory
someone who encourages or helps another person
to commit a crime.
Accomplice
someone who helps another person to commit a
crime.
Accordingly
a word used in legal documents which means
therefore or so.
Accounts
the record of an organisation’s income, spending and
financial situation.
Accumulation
reinvesting income generated by a fund back into the
fund.
Accused
the person charged with a criminal offence.
Acknowledgement
admitting that someone has a claim or admitting that
a debt exists.
Acknowledgement of
Service
when a defendant agrees that a writ or originating
summons (‘claim form’ since April 1999) has been
received. The defendant fills in, signs and sends
back the acknowledgement of service to confirm in
writing that the documents were received.
Acquit
when a court lets a person go without any penalty. If
a court decides that a person is not guilty of a crime,
or the case has not been proved, it will acquit the
person.
Acquittal
the court’s decision that a person is innocent of the
crime they were charged with.
Action
using the law to make a claim.
Active trust
a trust where the trustees have other responsibilities
rather than to just let the beneficiaries have the
trust’s assets when they ask for them.
Act of bankruptcy
an act which, if carried out by a person with debts,
could have led to bankruptcy proceedings against
that person.
Act of God
an extreme naturally occurring event (such as an
earthquake, avalanche or flood) that could not have
been anticipated.
Actual bodily harm
hurting another person but less severely than would
amount to grievous bodily harm.
Actual loss
an insurance term which means that the insured item
no longer exists.