Legal Words

Abatement:
Reduction or rebate of an amount owed, usually by agreement with the person to whom the debt is owed. Debts or claims may be abated pro rata if there is not enough money to meet them all.

Ab initio:
(Latin) from the beginning.

Acceptance:
One of three requirements for a valid contract under common law (the other two being offer and consideration). A contract does not become legally binding until one party has made an offer and the other party indicates his readiness to accept the terms of the offer. Acceptance must be unconditionally communicated to the offeror while the offer is still open. Acceptance of an offer can, in certain circumstances, be implied by conduct.

Accord and Satisfaction:
A contract may be discharged if one party, who has complied with his part of the contract, accepts compensation from the other party instead of enforcing the contract. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration (usually money and of a lesser value) which makes the agreement operative.

Acquiescence:
Action or inaction which legally binds someone, even unintentionally. For example, an action such as accepting goods from a supplier will be binding if it implies recognition of the terms of a contract.

Act of God:
An event resulting from natural causes, without human intervention (such as floods or earthquakes) Insurance policies often exclude acts of God.a

Action:
Proceedings in a civil court

Adjournment:
Postponement of a hearing by a judge on whatever terms he sees fit.

Administrative law:
Law which applies to hearings before quasi-judicial or administrative tribunals. Such hearings must be conducted in accordance with the principles of natural justice, such as audi alteram partem and nemo judex in sua causa.

Administrator:
A person appointed to manage the property of another (such as the administrator of the estate of someone who has died without leaving a will).

ADR:
Alternative dispute resolution (such as arbitration, mediation and conciliation).

Adverse possession:
Possession of land, without legal title, for long enough - normally 12 years - to be recognized as the legal owner ("squatter's rights").

Affidavit:
Sworn written statement signed by a deponent, who swears that its contents are true to the best of his knowledge and belief. It must be witnessed by a practising solicitor or commissioner for oaths.

Agent:
Person with power to contract on behalf of others, binding them as if they were signing the contract themselves. The person represented by the agent is called the principal.

Aggravated damages:
Exceptional damages awarded by a court where a defendant's behaviour towards the plaintiff or victim has been particularly humiliating, malicious or vindictive.

Alternative dispute resolution:
Method by which conflicts and disputes are resolved privately, other than through litigation, usually by mediation or arbitration. ADR involves the appointment of a third-party to preside over a hearing between the two sides. The advantages of ADR are privacy and speed. The disadvantage is that ADR may involve compromise of legal rights.

Antedate:
To date retroactively, before a document was drawn up.

Appeal:
Challenge to a court decision in a higher court.

Appearance:
The act of replying to a summons or turning up in court and accepting its jurisdiction to try proceedings. A barrister or solicitor may make an appearance on a client's behalf.

Appellant:
Person who makes an appeal.

Arrears:
Accumulated debt which has not been paid on the due date

Assault:
Touching - or threatened touching - of another person, without that person's consent.

Assign:
To give or transfer responsibility to another person. The person who receives the right or property is the assignee; the assignor is the person giving.

Attachment and committal:
Bringing a person before a court, with a threat of imprisonment for failure to obey a court order.

Attachment of earnings:
Court order for deduction of salary at source in order to pay, for example, maintenance or a debt.

Attorney General:
Legal adviser to the Government, appointed by the President on the advice of the party in power.

Audi alteram partem:
(Latin: hear the other side) A principle of natural justice which requires that, where a decision may affect an individual's rights, that person has a right to be heard. It includes the right to receive notice of a hearing and to be legally represented.