Deck 2 Flashcards
Actuary
an expert on pension scheme assets and liabilities,
life expectancy and probabilities (the likelihood of
things happening) for insurance purposes. An
actuary works out whether enough money is being
paid into a pension scheme to pay the pensions
when they are due.
Actus reus
an act which is illegal, such as theft.
Additional voluntary
contribution (AVC)
extra money people in occupational pension
schemes can pay in to increase their pension
benefits.
Ademption
when a gift in a will cannot be made because the
item no longer exists.
Ad hoc
for a particular purpose. For example, a committee
set up to deal with a particular situation is an ad hoc
committee.
Ad idem
in agreement.
Ad infinitum
endlessly or forever
Adjourned sine die
when a court case has no date fixed for it to
continue.
Adjournment
postponing a court hearing.
Adjudge/adjudicate
to give an official judgement about something. For
example, if someone cannot pay their debts a court
may adjudge them bankrupt.
Adjudication order
the former name for a court order which made
someone bankrupt. It has now been replaced with
the term bankruptcy order.
Administration order
an order made by a county court when a person or a
company cannot pay their debts. Normally the court
orders that the debts are repaid by instalments and as
long as the debtor keeps to the order the creditors
cannot do anything else to recover their money.
Administrator
someone who has been appointed:to manage the
affairs of a bankrupt business; or to manage the
estate of someone who has died without leaving a
will.
Admissibility of Evidence
which evidence can be presented in court. Evidence
must be relevant to the case but even some relevant
evidence cannot be presented, such as hearsay or
evidence of little value. The judge decides whether or
not evidence can be used in the case.
Admission
one side in a case agreeing that something the other
side has alleged is true.
Admonition
reprimanding of a defendant by a judge even though
the case against the defendant has been discharged
Adoption
the system which people use to become parents,
even though they are not the child’s natural parents.
Adoptive child
a child who has been legally adopted.
Adoptive parent
a person who has legally adopted a child.
Ad valorem
in proportion to the value. An ad valorem duty goes
up as the value of the goods, shares and so on that it
is charged on rises.
Adverse possession
intentionally occupying land to prevent the rightful
owner or tenant using it.
Adverse witness
a witness who gives evidence which damages the
case of the side which asked the witness to testify for
them
Advocate
is:
• the lawyer who speaks in court for a client; or
• a Scottish lawyer who is the equivalent of a
barrister in England and Wales.
Affidavit
a written statement which is sworn to be true by the
person signing it. It is sworn before someone
authorised by the court.
Affirm
to:
• solemnly promise to tell the truth in court;
• solemnly promise to tell the truth in an
affidavit;
• confirm a decision made by a lower court;
or
• allow a contract to continue even though it
could have been cancelled because it was
fundamentally breached.
Affirmation
solemnly promising to tell the truth when giving
evidence. It is an alternative to swearing an oath
when the person giving evidence does not wish to.
Affray
fighting unlawfully. It is a criminal offence.
Aforementioned
describing something referred to previously in the
document.
Aforesaid
describing something which has been said or
referred to before in the document.
Agency
the relationship between a principal and an agent.
Agent
someone appointed to act for a principal.
Age of consent
the age when someone can consent to have sexual
intercourse. In the UK it is 16
Aggravated assault
a more serious type of assault such as one leading
to actual bodily harm.
Aggravated burglary
entering premises armed with a weapon, intending to
steal goods.
Aggravated damages
extra damages awarded because the defendant has
caused the victim anguish, loss of self-respect or
shame.
Aggravated vehicle taking
stealing a vehicle, driving it dangerously and as a
result injuring someone or damaging property.