Joint and several: Where two or more parties have joint and several liability, they may be sued separately or together at the creditor's option for the whole amount.
Judgment: An order or decision of a court.
Judgment debtor; someone against whom judgment has been given,
Judgment creditor: Someone who has obtained a judgment.
Jurisdiction: The limits, territorial or by reference to money or subject matter, of a court's powers.
Jury: A group of laypersons, usually 12 in a criminal case, who are sworn to decide questions of fact in a court case.
Justice: 1. A lower court magistrate in English courts.
2. The title given to a higher court judge in Australia. for example Justice Kirby.
3. A justice of the peace.
Laches: Unreasonable delay in pursuing a legal remedy.
Lease: The grant of possession of property for a fixed or indeterminate period; something less than full ownership.
Leasehold: Land held under a lease.
Legal personal representative: the executor or administrator of the estate of a dead person.
Legacy: A gift of personal property by will.
Legal tender: The form in which payment may be made. Lessor: The person who grants a lease, landlord.
Lessee: The person to whom a lease is granted, tenant.
Liable: The state of being subject to a legal obligation.
Liability: A legal obligation.
Lien: A right to retain possession.
Liquidated damages: An amount or method of calculation.
Liquidator: The person who is appointed to wind up (terminate) the affairs of a company.
Mala fide: In bad faith.
Mens rea: The intention to commit a wrongful act, a guilty mind.
Mortgage: The giving of a charge over land to secure a debt.
Mortgagor: The person who gives the charge, the borrower.
Mortgagee: The person who receives the charge, the lender.
Nemo dat qui non habet: You cannot pass on a better title than you yourself have.
Next-of-kin: Generally the nearest blood relative, it can also refer to a person
nominated as a next-of-kin.
Non est factum: "This is not my deed", a specific legal defence.
Non sequitur: This does not follow.
Notice, as in to give notice: to bring something to the attention of another.
Notice: The knowledge of something. Actual knowledge is where the person is actually aware of a fact, constructive knowledge means that the person is considered to have that knowledge because circumstances are such that he or she should have reasonably known it.
Novation: A new or substituted agreement.
Oath: To take an oath is to swear to tell the truth or that something is true.
Obiter dictum: A statement by a judge that is not necessary to decide the case and is therefore not binding.
Obligation: A legal duty.
Pari passu: Equally.
Party: A person involved in a legal action or relationship.
Payee: A person to whom payment is made or to whom a bill of exchange is payable.
Penalty: A punishment, fine.
Per annum: By the year.
Peljury: Swearing a false oath, not telling the truth while under oath.
Personal property: Property that can be moved, goods, chattels.
Personalty: See personal property.
Plaintiff: The person who institutes legal proceedings.
Possession: The holding in one's custody of something.
Posthumous: After death.
Preamble: Introduction, introductory words or passages.
Precedent: The concept that a legal principle or form decided in an earlier case, or instance, should be used in a subsequent one.
Presumption: An assumption made in a legal case, of which there are three kinds:
1. presumption of fact; an inference drawn from the facts.
2. irrebuttable presumption of law; a rule of law or legal principle that cannot be contradicted by factual proof.
3. rebuttable presumption of law: a legal rule or principle that can be overturned by factual evidence.
Prima facie: As it first appears.
Priority: A first legal claim, a claim that is ac~ep.ted in preference to other competing claims.
Pro rata: Proportionally.
Property: 1. The subject matter of ownership.
2. Ownership, title.
Prosecute: To take legal proceedings.
Proxy: A properly appointed agent or representative (generally to vote).
Purchaser: Buyer. Quash: Set aside.
Queens Counsel: A senior barrister.
Quid pro quo: Something for something, a bargain.
Quiet enjoyment: The right to enjoy and/or use something without interruption.
Ratify: 1. To approve or consent in retrospect.
2. To adopt.
Ratio decidendi: Literally the reasons for a decision, the binding legal principle in a case.
Real property: Land and the things that go with it.
Realty: See Real property.
Rebut: To repel, defeat, contradict, prove otherwise. Also Rebuttal.
Receiver: A court appointed person to deal with the business affairs of a bankrupt or of an insolvent company.
Rectify: By a court, to order the correction of an error.
Registrar: Usually the principal administrative officer of a court.
Release: To discharge, give away, a legal right.
Rem (Res): Thing(s).
Remedy: The means by which the breach of a benefit or right is cured or compensated or prevented.
Remote: Too indirect or removed to allow a remedy.
Repeal: To take back, cancel.
Repudiate: Renounce, cancel.
Res ipsa loquitur: Things speak for themselves.
Rescind: Terminate, revoke, cancel. See text for the various meanings of rescind and the distinction between rescind ab initio and rescind in futuro.
Residue: That which remains.
Respondent: The person defending an appeal.
Resume: To compulsorily acquire. Al-50 resumption.
Revoke: Take back, withdraw.
Right: An interest or benefit recognised by law.
Right of action: The right to bring legal proceedings.
Sanction: A legal penalty or punishment.
Sans recours: Without recourse.
Satisfy: To discharge (an obligation).
Seal: A formal signature.
Security: A right to take or dispose of something if a debt is not paid or an obligation not discharged.
Sequestrate: To order that a person's property be taken away him and dealt with by another.
Serve: To deliver a document to.
Settle: 1. To compromise a legal case. 2. To complete a transaction.
Sign judgment: To obtain judgment in default legal proceedings.
Solicitor: A lawyer generally who conducts and handles legal matters and gives legal advice.
Solvent: Able to pay one's debts as they fall due. Contrast insolvent.
Specific performance: An order compelling a party to do something.
Stare decisis: The principle of precedent.
Status quo: As things were.
Statute: An Act of Parliament.
Strict liability: Where fault does not have to be proved in the party accused of wrongdoing.
Subpoena: An order of a court to someone to give evidence or to produce documents.
Subrogate: To stand in the place of another.
Sui juris: Of full legal capacity.
Suit: A legal proceeding.
Summons: A document of a court which initiates legal proceedings.
Surrender: To give up a legal right.
Tenant: Generally now a person who holds real property under a lease, lessee
Tender: 1. An offer.
2. Attempted performance.
Term: 1. A period of time.
2. A contractual promise.
Testamentary: Under or by a will.
Third Party: A stranger to a transaction, legal proceeding or relationship.
Title: 1. Ownership.
2. Right to ownership.
Tort: A civil wrong not arising out of a contract or at equity.
Transfer: To assign.
Transferor: A person who transfers.
Transferee: The person to whom transfer is made.
Trial: The hearing of a legal proceeding.
Uberrimae fidei: Utmost good faith.
Ultra vires: Beyond the powers (of).
Unenforceable: Where a legal right or remedy, although existing, will not be recognised by a court.
Value: Valuable consideration.
Vendor: The seller.
Verdict: The decision of a jury.
Vest: To confer legal rights on.
Voluntary: In the absence of valuable consideration.
Waive: To renounce, disclaim.
Will: A document in which a person gives direction for the disposal and/or management of property after death.
Wind up: To conclude the affairs of a business organisation.
Witness: A person who gives evidence in a legal proceeding.
Writ: A summons.
Wrong: An infringement of a right.
