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Legal terms

Legal terms

Abandonment of appeal

Abeyance:

Abide by

Abode

Accessory after the fact

同谋的,帮凶的在犯罪前或犯罪后帮助、教唆违法者,但实施犯罪时不在现场

Accessory before the fact

Accretion :(财产的)自然增加

Accrued benefits

Accused

Access: right to visit children after divorce

Acquit: to give a decision in a court of law that someone is not guilty of a crime: all defendants were acquitted. Opposite convict 宣布无罪

Acquittal: an official statement in a court of law that someone is not guilty. Opposite conviction 宣布无罪

Act of God: A natural event, such as a storm or earthquake, which causes damage.

Act of ownership:

Adjourn:a law court finishes or stops for a while: the trial was adjourned for 2 weeks 休庭Adjournment: 休庭

Adjudicate: officially decide who is right in an argument between two groups or organizations/ be a judge in a competition 判决,宣判,裁定

Administrative Appeals Court:行政申诉庭

Admissible: acceptable or allowed, especially in a court of law. Opposite inadmissible 法庭上可以用来作为证据的admissible evidence

Admission of guilt 承认有罪

Admonishment/admonition

Advance filing

Adverse claim

Affiance

Affidavit: a written statement made under oath, for use as proof in a court of law. Oath, statutory

declaration 宣誓书,书面陈述

Affidavit of insolvency:破产声明

Affidavit of support:支持的陈述

Aforethought

Aid & abet sb

Alibi:proof that sb was not where the crime happed and therefore could not have done it. Alien lawfully admitted

Alien registration card

Alien status

Alimony赡养费

Allegation: a statement that sb has done sth wrong or illegal, which has not been proved.

Allege: to say sth is true or sb has done sth wrong without showing proof

Allotment

Allowance letter

Amend

Annuitant

Anti-injunction law

Appeal against bail: 申诉不许保释

Appeal for reversal

Appeals/appellate court: a court in which people appeal against decisions made in other courts of law.

Appearance

Appear in court:出庭

Appellant: 上诉人

Applicant/application: plaintiff, complainant 原告

Apply for bail:申请保释

Appraisal fees

Arbitrator-at-law

Arraignment

Arrears

Arrest and detention

Arrest warrant

Arson

Articles of association

Articles of incorporation

Articles of War

Assault

Assault-aggravated

Assault and battery

Assign

Assignee

Assignor

Assistance

Attainment of age

Attorney-defense

Attorney general

Award certificate

Back pay

Bad debt

Bail

Bail/bail out

Bail bond

Bail forfeiture

Bailee

Bailee clause

Bailiff

Bailment

Bailor

Bailsman

Balloon loan

Balloon payment

Barrister

Battery

Bench

Bench warrant

Bequest

Betroth

Bias

Bill of complaint

Bill of indictment

Bill of particulars

Bind

Bind over

Blue laws

Boisterous conduct

Bona-fide

Brawl

Breach

Breach of Contract

Breach of Trust

Breaking and entering

Bring legal action

Bully

Capital punishment

Careless driving

Case dismissed

Caveat

Certificate of refusal

Cessation because of medical improvement Cessation following trial work period Change of payee

Change of venue

Charge with

Chattels

Child advocacy

Childhood disability benefits

Children Court/Juvenile Court Chirographic creditor

Circuit court

City council

Civil appeal notice

Civil Court

Civil Law

Civil Law Countries

Civil Law Jurisdiction

Claims release

Client-solicitor privilege

Common Law

Common-law marriage

Commutation

Complainant

Concealment

Concurrent

Conservator

Conservatorship

Constituency

Constituent

Constitutional law

Constitutional right

Consumer law

Contempt

Contempt of court:藐视法庭

Contest the charge

Contested action

Contributory negligence

Convict

Conviction

Co-respondent:共同被告(民事法中),刑事法中为defendant

Coroner: an official whose job is to discover the cause of sb’s death, especially if they died in a sudden or unusual way

Counsel:

Counsel services

Counterclaim

Counterfeit

Countervailing

County clerk

Court appointed attorney

Court clerk

Court of appeals

Court of common pleas

Court of first instance

Court of inquiry

Court of original jurisdiction

Court of records

Court order

Court summons

Crime

Criminal Court

Criminal liability

Criminal offense

Cross-examination交互讯问

Curfew

De jure

Decedents’ estates

Decree

Decree nisi

Deed

De-facto

Defamation

Defame

Default

Defeasible

Defendant

Defendants’ plea

Demurrer

Detention hearing

Devise

Devisee

Devisor

Dismissal with prejudice

Dismissal without prejudice

Dispute

Dissolution of marriage

District Criminal Court

Divided Custody

Division of Property

Division of Wealth

Dolicapax

Dower

Ear witness

Elder law

Embezzlement: embezzlement and theft 贪污盗窃/ commit embezzlement 盗用(公款); 犯贪污罪

Encumbrance

Endowment

Engage a lawyer

Equity law: 衡平法

Escheat

Escrow

Estate

Evidence

Extradition order

Facts in issue

Family Law Court

Felony

Forensic

Foreclosure

Forfeit

Forger/forgery

Forum convenience

Frisk

Gag

Gag order

Garnish

Garnishment

Grand larceny Guarantor

guilty

Hearing of the case Hearing of the suit Hearing of the witness Hearing officer

Hearsay

Heirship

High Court

Holographic will Homicide

Hung jury

Illicit

Illegal

Impeachment of a witness Implied-in-law contract Incumbency

Incumbent

Indictment

Industrial Court Injunction

Inter alia

Inter vivos trust

Interim

Intestate

Irrebuttable presumption

Irretrievable breakdown of marriage

Joint and several liability

Judge advocate

Judge advocate general

Judge having jurisdiction

Judge of inquiry

Jump bail

Jury

juror

Justice of the peace

Kangaroo court: 不公正的法庭;法律上无资格的法庭Kill a bill

Knowingly and willfully

Labour court

Lack of severity

Land law

Larceny

Latents

Law and its enabling regulations

Law and order

Law and practice

Law enforcement

Law goods

Law merchant

Law of diminishing marginal utility

Law of diminishing returns

Law of negotiable instruments

Law of retaliation

Law of the land

Law relation to negotiable instruments

Law-abiding

Lawful day

Lawyer

Lay-off

Leading question

Legal action

Legal advice

Legal aid

Legal-aid Commission

Legal basis

Legal capacity

Legal definition of a defense

Legal entity

Legal grounds

Legal impediment

Legal limits of time

Legal machinery

Legal officer

Legal or moral incompatibility Legal proceedings

Legal qualifications

Legal rate or duty

Legal redemption

Legal redress

Legal remedies

Legal reserve

Legal tender

Legal tenets

Legatee

Legateship

Legation

Legator

Legislative authority Legislative history

Levy taxes

Liability insurance

Libel

Lien

Lieutenant governor

Local Court

Lower court

Lump-sum payment Magistrate

Magistrates Court

Mens rea

Mercantile Law

Minor offence Misdemeanor

Mistrial

Mitigating Circumstances Moorage

Nail and mail service

Next of kin

Nonsuit

Notch babies

Notice of appeal

Null and void

Nullify

Nunc pro tunc

Offeree

Offeror

Official demand for payment Offence

Offender-first offender

Offset

On a charge of: 被指控有罪名Onset of disability

Open court

Opening statement

Order-interlocutory

Order of commitment (pending trial) Order of execution

Order of referral

Order to show cause

Overrule

Own recognizance

Parole

Parole board

Passenger liability

Peace officer

Pending litigations

Peremptory challenge Peremptory exception

Perjury

Petition for protective order-stalking Petty theft/larceny

Plaintiff

Plea

Plea bargaining

Plea of res judicata

Plead

Pleadings

Poll the jury

Pooled income

Post mortem

Power of attorney

Present a case: 陈述案情

Pretrial release

Previous conviction

Probate a will

Probation

Procedural Law

Proceedings

Proceedings for collection of a debt

Proceedings in a civil suit

Proceedings in a criminal suit

Proceedings of a court

Proceedings to determine the enforceability of a foreign judgment Promissory note

Pronounce judgment

Prosecution

Prosecutor

Provision of law

Pursuant to

Quash

Quitclaim

Raise an issue

Raise an objection

Ramble

Reach a decision

Reach an understanding

Realtor

Rebuttal

Receiver

Receivership

Recidivist 惯犯

Recitals

Record a conviction

Red-handed in fraganti

Redirect examination

Redress

Refugee Review Court

Rehearing

Release on bail

Remand

Remand the case

Reprieve

Respondent

Resumption of payment

Retaliate

Right of rescission

Royalty

Ruling

Scam

Search and seizure Seize

Separation

Serve a subpoena Settle out of court Settlement

Settler

Sharecropping

Shut-out

Slander

Slurred speech

Small Claims Court Smuggle

Speaker of the House Spouse

Stand bail: pay the bail Status hearing

Stay of execution

Strip a car

Subpoena

Subpoena duces tecum Sue

Suit

Suitor

Summon

Summons

Supreme Court

Surety

Sustain

Swindler

Tamper

Tort

Transcript of record Trespass

Trial by court

Trial by jury

Trial court

Trial documents

Trial judge

Trust

Trustee

Turn Key Job

Uncontested divorce

Uncontradicted

Under my hand and seal

Unenacted law

Unified mortgage

Unlawful arrest

Unlawful coercion

Unlawful entry

Unsecured creditor

Venality

Venue

Verbatim

Victim impact statement

Waiver of preliminary hearing & certification

Waiver of right to appear

Welfare reform

Willful

Willful misrepresentation

Windfall benefits

Witness

Witness stand

Writ

Writ of attachment

Writ of error

Writ of execution

Writ of mandamus

Easement: the right to use part of a block of land which belongs to another person.

For example, electricity, gas and water authorities have easements to allow

pipes and wires to pass over or under private property.

Empanel: to empanel a jury is to choose and swear in the individual members of the jury.

Eviction notice: a court order requiring tenants to leave rented premises.

Executor/executrix: the person who is responsible for ensuring that the property of a

deceased person is distributed according to the provisions of the will. The

term only applies where the deceased left a will. The person who

distributed the estate of an intestate is an administrator.

Ex-nuptial: born out of marriage, used to refer to a child whose parents were not

married when the child was born. See illegitimacy.

Fiduciary: A fiduciary is a person who owes an absolute duty to act honestly (bona fide) for the benefit of or in the interests of another person. This duty is

called a fiduciary duty. An example of a fiduciary relationship is the

relationship between an accountant and a client.

Fixture: Anything that is attached to land or a house which cannot be removed without damage to the property.

Foreman: Spokesperson of a jury

Fratricide: The unlawful killing of one’s brother

Matricide: The unlawful killing of one’s mother

Patricide: The unlawful killing of one’s father

Parricide: The unlawful killing of one’s parents

Garnish: To extract money or property from a person as a result of a court order. Garnishee: The person whose money or property is extracted as a result of a court order.

Habeas corpus: An order of the court or writ, which commands that a person should be released from unlawful detention. For example, if a person is wrongfully

detained by the police, a writ of habeas corpus may be applied fro requiring

her or his release.

Homicide: the unlawful killing, either murder or manslaughter, of a human being. Initiating process: the document which is used to begin a court action.

Incitement: to encourage a person to commit a crime.

Indictable offence: a serious criminal offence, such as murder, assault causing grievous

bodily harm or kidnapping.

Injunction: a court order which requires a party to do or refrain from doing something.

An

injunction may be permanent or temporary. A temporary injunction is called an

interlocutory injunction.

Insolvency: the inability to pay debts as they fall due.

Intellectual property: the ownership of creative works, inventions and trademarks.

Interim order: a court order which is temporary, usually between the initiation of

proceedings and the actual date of hearing.

Inter vivos: during the lifetime. A person who makes a transfer of their property whilst they are still alive does so inter vivos.

Intestate: to die without leaving a will.

Judge’s associate: a person who performs secretarial and research duties for a judge. Jurisdiction: the right or power of a court or tribunal to hear and decide a particular

matter.

Legacy: a legal of personal property in a will.

Lessee: the person who takes a lease on property

Lessor: the person who grants a lease on property

Lien: the right to hold property as security for the performance of an obligation Liquidator: a person whose task is to liquidate or sell the assets of a company and to ensure that

creditors are paid.

Maintenance: a regular payment for or towards the necessities of life for another person, either adult

or child.

Mandatory: something which is mandatory is compulsory

Minor: a person under the age of 18. Insignificant or unimportant

Miscarriage of justice: a failure of justice or a failure by the courts to ensure that justice is done. Monogamy: having one spouse.

Natural person: a human being as distinct from an artificial person, which is an entity

created by law, such as a corporation.

Abuttal: land or parts of a block of land which adjoins or abuts another property.

Ab initio: from the beginning

Act of God: a natural event, such as a storm or earthquake, which causes damage. Adduce evidence to present evidence to the court

Affiliation proceedings: a court case in which a man is proved or disproved to be the father of a child

Affray: unlawful fighting

Alimony: regular payments made by a husband for the support of a wife after they have

separated.

Annul: to take away the legal effect of something. For example, when a marriage is annulled it is as if the marriage never took place. This is to be distinguished from a

divorce, which recognized the legality of the marriage, but which terminates

the legal effect.

Arraignment: the formal reading of a charge to an accused person and the entering of the

accused’s plea o f either guilty or not guilty.

Attest: to witness an act or event by putting a signature to a document

Bailiff: a person employed by a court to serve writs and to carry out court orders.

Battery: the touching of a person without their content. Battery is sometimes called assault. Beneficiary: 1. the person for whose good benefit a trustee holds property.

2. a person who benefits under a will.

Bigamy: the offence committed by a person who marries another when they have not been divorced from a former spouse and they are aware that this spouse is still

alive.

Blasphemy: words which offend against the beliefs of a particular religion. Do not confuse with sacrilege.

Burglary: entering into another’s property by force with the intention of stealing. See also

breaking and entering.

Call-over: a brief court appearance usually before a registrar to determine whether the parties in an action are ready to trial. If they are, a hearing date is set. If the parties

are not ready, they are directed as to what needs to be done, and the

matter is given a date fro another call-over.

Chattel: a personal possession

Collusion: the arrangement or agreement between two persons either to do harm to a third person or to carry out a fraud.

Committal hearing: a hearing before a magistrate to determine whether there is sufficient

evidence for a jury to convict an accused person.

Contest: to question or challenge through litigation. For example, when a person contests a will, they challenge through the court either the gifts left in the will or its

overall validity.

Conversion: a wrong or tort in which a person deals with the property of another as if it were her or his own. For example, the selling of a car by the person with whom it

was left for repair would be conversion. Conversion is a civil wrong. Cournterfeiting: manufacturing false coins or paper money.

Creditor: a person to whom money is owed.

Debtor: a person who owes money to a creditor.

Default: the failure to perform a duty or obligation

Deponent: a person who swears or makes an affidavit

Detinue: a cause of action by which a person claims the return of goods wrongfully detained by another person.

Disbar: to remove the name of a barrister or solicitor from the roll of the Supreme Court, so that they can no longer practice.

Donee: the person who receives a gift.

Donor: the person who gives a gift.

Double jeopardy: the principle which holds that a person cannot be tried or convicted for the same crime twice.

Nonsuit: the abandonment of a trial before the jury has had the opportunity to give its verdict.

Nugatory: of no effect

Offensive weapons: objects capable of causing injury to a person

Paternity suit: a court action brought by the mother of a child claiming that a particular man is the father

Perjury: the giving of false evidence in court by a person after having taken an oath or affirmation. Related are: perjure, perjure oneself, perjured, perjurer,

perjurious

Petty theft: the theft of items of little value

Polyandry: having more than one husband

Polygamy: literally, having more than one wife, but now used as a general term for having more than one spouse. In Australia polygamy is illegal. The crime

of having more than one spouse is called bigamy.

Posthumous: after death

Power of attorney: the written authority given by one person to another to act on their behalf or to represent them

Presumption: an act or state of affairs which is accepted by the court as being true,

unless evidence is presented to disprove it. For example, the presumption

of innocence holds that a person is innocent until proven guilty. Primogeniture: the rule which states that the eldest son or eldest male relative inherits the estate of a deceased. Related are: primogenitary, primogeniturist,

Pro rate: in proportion

Proscribe: to make something illegal

Proxy: a person who is authorized to stand in the place of someone else. For example, a proxy vote is where a person, the proxy, is authorized to vote

for another person. A marriage by proxy is where a person stands in for the

bride or groom in the marriage ceremony.

Public company: a company registered on the stock exchange and in which the public may buy shares.

Public defender: a legal representative employed by the State to represent persons

accused of criminal offences.

Ratio decidendi: the reason for a judge’s decision.

Rebut: to disprove an allegation, presumption or fact.

Rebuttal: the statement or evidence which disproves an allegation, presumption or fact. A denial.

Rescission: the nullification of a contract.

Revenue: income

Ruling: a decision on a legal matter by a judge.

Sacrilege: the international destruction of or damage to property which has religious significance.

Satisfaction: the payment of a debt.

Submission: a proposition put to or suggested to the court.

Transcript: the official, written record of all that was said in court proceedings.

Transcripts are made by court reporters who take shorthand notes of all

that is said and then transcribe them, that is, write them out. Transcripts

are made available on request to all parties in proceedings.

Vicarious liability: the responsibility or liability of one person for the wrongful actions of

another. For example, an employer is vicariously liable for the wrongful

acts and subsequent damage caused by employers whist carrying out their

duties. Thus, if an employee is negligent in carrying out her or his tasks and

thereby injures a person, the employer will be liable for the damage.

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