Law definitions 2 Flashcards
Non contentious business
does not involve a court hearing or dispute resolution such as mediatian or arbitration
Monopoly
a market structure where a single seller or producer assumes a dominant position in an industry or a sector.
LSRA
Legal Services Regulatory Authority
Interlocutory
of a decree or judgement) given provisionally during the course of a legal action.
FOIA
Freedom of Information Act
NAFTA
North American Free Trade Agreement
ECJ
European Court of Justice
HRA
Human Rights Act
Democracy
a country in which power is held by elected representatives. is a form of government that purports to treat
everyone equally in terms of a right to equal and appropriate respect and
consideration in the exercise of government
UN
United Nations
Curtailment
the action or fact of reducing or restricting something:
Totalitarienism
a form of government that attempts to assert total control over the lives of its citizens
Tender
to unconditionally offer money or performance to meet an obligation.
Injunction
an order of the Court that requires a person to refrain from doing, or compelling them to do, a particular act
Privilege clause
A privilege clause is a clause in the tender document that permits the person placing the advertisement to disregard a tender altogether.
Causa sine qua non
Background cause
Other names for Legal Cause
Proximate cause, imputable cause, causa causans
Novus Actus interveniens
interviening acts
Euthanasia
the practice of ending the life of a patient to limit the patient’s suffering
Defamation
The action of damaging the good reputation of someone
Chilling effect
where individuals or groups refrain from engaging in expression for fear of running afoul of a law or regulation.
Forbearance
Patient self control/restraint/tolerance
Right of First Refusal
a contractual right to enter into a business transaction with a person or company before anyone else can.
Bona fide
genuine
Efficacy
the ability to produce a desired or intended result
undue leniency
where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate
Quashed
Reject as invalid, to officially say that a legal judgment or decision is no longer acceptable or correct
duress
threats, violence, constraints, or other action used to coerce someone into doing something against their will or better judgement
constraint illegally exercised to force someone to perform an act
Indictment
a formal charge or accusation of a serious crime
Justiciable
(of a state or action) subject to trial in a court of law.
In Camera
the case will be heard in private and that members of the public who are not involved in the case are not allowed into the courtroom.
Liquidated debt
a debt you owe whose amount is certain, and both you and your creditor agree on the amount.
Inter Alia
Among other things
Novus actus Interveiniens
there will be appearance of a new act or event in the causal chain between initial event, in a sequence and the result causing a break in the continuity of the same
An act so indepedant of the act of the accused that it should be reagrded by the law as the cause of death
Inference
A conclusion that is made after evidence is presented that proves a fact to be true
Bench Warrant
A bench warrant is a writ issued by a court or judge ordering the apprehension and arrest of an offender
e.g. if they fail to appear in court etc
Bail on recognisence
a form of bail in which an accused is released from pre-trial detention with an incentive to ensure that they will appear before the court to face charges on a certain day in the future
Capital Murder
Murder for which the perpretrator may be sentences to death
Rebutted
Proven to be false
Permissible
Allowed
Polemic Language
used to attack or criticize a particular person, idea, or group1.
Arbitrary
Based on random choice or personal whim, rather than any reason or system:
Ambiguous
Several possible meanings
Ancillary order
order attached to sentence for example a compensation order, or a driving disqualification.
Locus Standi
A place to stand
Means the right to bring a case to court
Objective element
Conduct
Circumstance
Result
Conduct element
Pysical act
omission
state of affairs
Circumstance element
Result of the conduct element
condition under which the conduct element occurs
Quantum Meruit
as much as he/she has deserved”12. It is a doctrine in contract law that implies a promise or agreement to pay a fair or reasonable sum for labour or materials provided
Insolvent
Unable to pay debts owed
Onus
Something that is one’s duty or responsibility
Cessation
the process of ending of being brought to an end
Bequest
A bequest is a term for something, usually personal property, that is given or left by a person’s will to another person or organization
Ad Idem
Meeting of the minds
Impetus
Something that makes a process or activity happen or happen more quickly
Jurisdiction
the authority of a court to hear a case and decide the law
Original Jurisdiction
authority of a court to hear and determine a case for
the first time (i.e., not an appeal)
Apellate jurisdiction
authority of a court to hear and determine an appeal
First Instance
When a case is heard for the first time
Appeal
Where a case is reviewed by a higher court
