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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG
Words: 2578


Burden Of Proof
(n) Burden of Proof is the legal obligation on a party to prove the allegation made by him against another party. The burden of proof in a case lies with the plaintiff unless defendant counter with a factual claim based on the allegation, that is when categorical acceptance is made by the defendant and he is disputing a factual position.

Burglary
(n) Burglary is the intended, unauthorized entry into a building, premises vehicle etc with an intention to do or carry out any crime, whether forcefully breaking into the building , premises vehicles etc or otherwise. In burglary it is not necessary that a crime should have been committed .

Business
(n) Business is an activity undertaken for the purpose of making profit or adding wealth to a person or entity by resorting to financial transaction in order to get a margin of profit on such transactions. Activity not intended to get profit or margin and done to enjoy the pleasure is not a business

Business Invitee
(n) Business Invitees are the person entering in to a business premises with a purpose or intention to do any business or transaction with that business house whether or not such transaction is effected. Eg. A person entering in to a store mistakenly for a wrong address is not a business invitee where as a customer entering a hotel is a business in...

Business Judgment Rule
"Protection afforded corporate directors to not hold them personally accountable for mistakes in business judgment, as along as self-interest did not drive the decision.

Buy-Sell Agreement
(n) Buy-Sell Agreement is the agreement between partners of a business entity containing the provision and mode of transferring the shares of one partner to the other.

Bylaws
(n) Bylaws are the written rules and regulations framed and accepted by the members, shareholders etc while incorporating a corporation , association, partnership or other association of persons, containing the mode of management of the institution.

Calendar
(n) Calendar is the chronological representation of the cases posted, cases on trial, legal matters kept by the court for information of public and concerned parties

Call
(n) Call is the demand made by corporate bodies to the share holders to pay the installment of share capital payable by them and decided by the company to collect.

Calumny
(n) Calumny is the acquisition made on a party with an intention to damage his or her reputation, falsely alleging that they have committed a crime

Cancel
(v) Cancel is the process by which an order, agreement, promise, offer etc is nullified by the party authorized to do so, to prevail the situation existing previously. A cancellation is made by crossing the document, making a withdrawal order etc. Eg. cancellation of a check by crossing on the face of it and marking as cancelled.

Caning
(n) Canning is the corporal punishment practiced in certain countries where the convicted person is punished by lashing with cane sticks. These type of punishment is adopted in countries where moral or religious based punishment is followed

Canon Law
(n) the term 'Canon law' is used to represent the maintenance of law and order by the religious authorities based on their religious faith and the rulings of the religious heads, ordinance and decrees of the religious councils etc.

Cap
(n) Cap is the utmost limit up to which a charge, penalty or claim etc can be made on a particular issue . It is commonly used to represent the limit of interest which can be charged in a flexible rate of interest promissory note

Capias
Another term for arrest warrant.

Capital
(n) Capital is used to represent the perpetual or long lasting nature of an activity, asset, property etc which are used for drawing periodical benefit out of it or which is necessary for its existence and sustainability. Eg. Share capital, Capital expenditure

Capital Account
(n)(1) Capital account is the items or transaction in a business activity which is enduring in nature and its utility exceeds beyond the limiting period on an year for which revenue activities are considered. (2) The term used to represent the international investment flow from and to a country

Capital Assets
(n) Capital assets are the assets owned and acquired by a business entity to draw benefits from such assets indirectly for longer periods. Eg. Plant and machinery, land and building

Capital Expenditure
(n) Capital expenditure is the expenditure incurred by a business entity during its course of business wherein the benefits or results out of such expenditure extends for a long time or the benefits are used in the business instead of the item Eg. Constructing a road to the factory premises

Capital Gains
(n) Capital Gains is the increase in the value of a property, or assets due to the effect of passage of time, inflation, increase in demand etc which accrues to the owner of the property or assets when they sell or dispose it finally. Capital gains are subjected to the deductions and exemptions before arriving the taxable income.

Capital Investment
(n) Capital Investment is the expenditure incurred by a business entity to acquire, construct a property or asset during its course of business wherein the benefits from such expenditure is enduring in nature and such investments are used for better performance of the business activity .

Capital Offense
(n) Capital Offence is a grave criminal activity which if the defendant was proved guilty is punishable by death penalty. Capital offences varies from state to states. Generally crimes involving planned murders, multiple murders etc are included as capital offence. In some countries drug trafficking is considered as capital offense

Capital Punishment
(n) Capital punishment is the death sentence awarded for capital offences like crimes involving planned murder, multiple murders, repeated crimes, rape and murder etc where in the criminal provisions consider such persons as a gross danger to the existence of the society and provide death punishment.

Capital Stock
(n) Capital Stock is the money paid by the share holders of a company as share capital when such shares was first issued to the shareholders by direct subscription to a share issue offer. This may not represent the market value of the shares or the accumulated reserves or undistributed profit etc belonging to the share holders

Capitalization
(n) Capitalization is the process by which an expenditure included or grouped as a revenue expenditure is amortized to the future period as an asset, when the benefit out of such expenditure is not confined to the period under consideration. In accounting terms by capitalization of expenditure it is written of proportionally in the coming years ins...

Capitalized Value
(n) Capitalized Vale is the amount arrived based on the net present value of future anticipated or projected earnings of a business, investments, expenditure etc .

Capricious
(adj) Capricious are the judicial decisions ,or orders which are not based on a structured rule, logic, provisions or established procedures and hence they are un predictable. The term is also used to qualify a judge who is inconsistent in his decisions

Caption
(n) Caption is the heading of the court documents containing the names of plaintiff, defendant, petition or case number, name of the court etc pertaining to the case. Different courts or courts in different jurisdiction practices different form of caption formats

Care
(n) Care is the state of alertness of the person who is responsible to an activity or event where in he undertakes the responsibility in a prudent and attentive manner. Eg. Care for the accompanying kids, care in handling explosives

Careless
(adj) Careless is the state of mind in doing an activity or fulfilling a responsibility where in the person responsible is not attentive and prudent in doing things. Eg. Careless driving of the vehicle.

Carnal Knowledge
(phr) Carnal knowledge is the sexual intercourse between a man and women by penetrating vagina with penis with mutual consent outside a marriage relationship. As against this "rape" implies lack of consent, or where consent is considered irrelevant that is when minors are involved.

Carrier
(n) Carrier is the person or business entity involved in providing services of transporting goods or peoples by providing transport vehicles on hire or by plying them in a definite manner as career vehicle for use of public.

Carryback
(n) Carry back is the practice by which the loss incurred in a particular year is used to setoff the gain or profit of the previous years so as to reduce the tax burden of the previous years where there was a taxable profit.

Carrying For Hire
(n) Carrying For Hire is the commercial service where by goods and person are carried in a transporting vehicle to reach the destination for a fee or charge. Carrying for hire is a legal contract and the service provider is responsible for the safety of the property or person

Carrying On Business
(v) Carrying on business is a routine and continues involvement in an activity undertaken for the purpose of making profit, gain or adding wealth to a person or entity by resorting to financial transaction to get a margin of profit on such transactions.

Carryover
(n) Carryover is the practice by which the loss occurred, expenses incurred or permissible deductions available in a particular year is carry forward to setoff them against the future profit so as to reduce the tax burden when the entity start making taxable profit.

Cartel
(n) Cartel is the group of independent but symmetrical persons or business entity formed for the purpose of attaining unfair benefits using their collective strength to control the market activity. Eg. Pre-qualified bidders coming together to decide not to quote below certain rate.2. OPEC deciding to curtail oil production to increase the price.

Case
(n) Case is the definite issue, subject covered under a self sufficient boundary which can be dealt separately and independently for a decision, trial, opinion, handling etc. Eg. Legal case containing the dispute between two parties to be settled. Case of evidence, case for protest, brief case.

Case Law
(n) Case Law is the decisions, interpretations made by judges while deciding on the legal issues before them which are considered as the common law or as an aid for interpretation of a law in subsequent cases with similar conditions. Case laws are used by advocates to support their views to favor their clients and also it influence the decision of ...

Case Of First Impression
(phr) Case of First Instance is the situation when an issue or dispute connected with a new or previously undecided legislation comes before the court where precedence and case laws are not available to aid the judge.

Case System
(n) Case system is the method of learning of law adopted in American law schools introduced by Christopher C. Langdell , in 1869 by which a particular rule of law is studied by studying the case that outline that particular part of law

Cashier's Check
(n) Cashiers check is the check drawn on their on account or on their own branch, issued to a customer on receipt of the equal amount, naming a third party as the payee at the request of the customer. It is also called as a bankers check. It differs from the draft mode, here the check is drawn on self and is paid to the payee or credited his accoun...

Casual
(adj) The word 'Casual' is used to qualify an act or event which is done or occurs by chance or accident without any pre-planning or anticipation in the normal course. Eg. Casual leave when an emergency stops him from issue in prior leave application, casual workers means workers not belonging to the normal workers hired on emergency.

Casualty
(n) Casualty is an event which is not expected in the normal course or on reasonable anticipation causing an accident and loss of life. Eg. Death caused by tsunami, Earthquake

Casualty Loss
(n) Casualty Loss is the damage and monetary loss occurred to a property, article goods etc due to a sudden, unexpected occurrence of an event which cannot be foreseen and avoided. Casualty loss qualifies for a tax deduction benefit.

Cause
(n) Cause is the reason, ground , basis with which an event , activity is occurred by having direct and influential effect on the occurrence of the event. A casual connection cannot be treated as the cause. Eg. The cause of an accident is the engine defect but not the function to which the passenger is heading to

Cause Of Action
(n) Cause of action is the legal ground or claim with which a party can file a lawsuit to find remedy or satisfaction of his claim. Cause of action implies the right to bring a legal action, legal sustainability of a dispute etc. For example a legal case cannot be filed without a clear defendant and a claimable interest of the appellant in the case...

Caveat
(n) Caveat is the requirement of prior notice or information given to a party before taking any particular action concerning or directly effecting the them. The Latin word means let him beware. A sanction of Caveat petition requires the issue to be heard in the court before any authority takes a decision.

Caveat Emptor
(n) Doctrine of Caveat Emptor establishes the responsibility of the buyer to inspect and test the goods he aught to buy and put entire responsibility on the buyer for any defect in the product unless a warranty is given by the seller or the product was intended and marketed for a special purpose.

Cease And Desist Order
(n) Cease and Desist Order is the court order prohibiting or stopping certain actions, which the court or any other authority has found harmful or against the law. Such orders may be issued as a permanent one or a temporary one until the disposal of the matter permanently. Such orders are issued when the activity is expected to cause irreparable da...

Certificate Of Deposit
(CD) (n) Certificate of Deposit is the document issued by commercial and other saving banks certifying the deposit made by the holder containing the interest and maturity date of the deposit. CDs are issued for deposit for a definite period and when the depositor can collect periodical interest.

Certificate Of Incorporation
(n) Certificate of Incorporation is the document issued by the registrar of incorporations certifying the registration of memorandum and article of incorporation of the proposed body corporate on due compiling of the statutory provisions required for incorporation

Certificate Of Title
(n) Certificate of Title is the document issued by the government authorities containing the particulars of a vehicle like engine, chassis no, type of vehicle, name and address of the registered owner, financing if any on the vehicle etc.

Certified Check
(n) Certified Check is the check drawn by a customer of a bank which has been duly certified by the bank establishing enough balance in his account when the check is presented for payment. A certified check assures prompt payment as the bank will enmark the required amount to pay the certified check until its validity.

Certiorari
(n) Certiorari is the order issued by an upper court based on a writ of certiorari to review the decision, order and finings made by the lower court when the upper court is of the opinion that the proceedings in the lower court contains irregularity or they are not proper.

Cestui Que Trust
(n) Cestui Que Trust is the person who is named in a trust to derive future benefit from the trust and receive his share of payments and distributions if any made by that trust. The French word means the beneficiary of a trust

Cestui Que Use
(n) Cestui Que Use is the person who is named in a trust to derive future benefit, pleasure of usage from the property or asset held by the trust on behalf of such beneficiary. The French word is pronounced as 'see-tee kay use

Chain Of Title
(n) Chain of Title is the change of ownership title occurred to a property in the order of occurrence from the original owner to the present title holder through all intermediary owners. Chain of Title is used determine whether the present owner has a clear title. There are professionals known as title company or abstractor who searches the chain o...

Challenge
(n) Challenge is the method by which an attorney in a trial objects the position taken by a jury in a trial when the juror has shown a conflict of interest or prejudice. Once challenged judge must resolve the issue else the attorney can move peremptory challenge.

Challenge For Cause
(n) Challenge For Cause is the right available to an attorney to request the removal of a juror for reasons sufficient to stop him from serving as juror in that case. Acquaintance with the parties, Attorneys or witness, previous history , apparent prejudice , unsound mind etc are treated as the ground for removal of the jury.

Chambers
(n) Chamber is the office of the judge, speaker, presidor or chairman of a legislative council meeting etc which is used as the place for settlement, short conference etc to settle issues connected with his official duty. Eg. Judge speaking to the witness in has chamber without permitting the attorney to present.

Champerty
(n) Champerty is the agreement or understanding between the plaintiff and the attorney to decide the terms and mode of financing of the suit and sharing of the compensation when it is awarded. It is the method of postponing the advocates fee and tying it up with his performance and outcome of the case

Chancellor
(n) Chancellor is the person appointed to preside chancery division of court with the powers to order and get things done. The word was originated from Roman courts of justice. Now it is used as an official title of ministers who has got authority to order things

Chancery
(n) Chancery is the court which derives authority from the King and function according to the equity or fairness of the case or dispute involved rather than following letter of the law. Later the basis of equity is codified and recorded to marginalize the difference between chanceries and law courts.

Change Of Circumstances
(n) Change of circumstances is the situation when the parameters used to arrive at an opinion or decision is changed warranting a suitable change in the earlier decision like amendment of existing alimony or child support order etc. Eg. Re-marriage of spouse is a change in circumstances to stop the alimony.

Chapter 13 Bankruptcy
It is a way of filing a bankruptcy in which the law provides a re-organisation of the assest and finanace including private properties in order to repay the debts owed by the person. Usually it allows 3-5 years time frame for the payment of the debts to the creditors without the creditor claiming the same for the specified period. The creditors may...

Chapter 7 Bankruptcy
It is also a form of filing for bankrupcy where the debtor asks for liquidation of his/her assets and the law sells his assets and properties , the sale proceed of which is used to payoff the creditors due.

Character Witness
a person who declares in the court of law another person's morality,reputation and his character as an individual which is at stake in a criminal and civil cases involving theft,fraud etc.such a witness should belong to the same community as the accused and should have proper knowledge of his habits and qualities.

Charge
1 It is an instruction given by the Judge to the members of Jury before the trial is taken over by jury. The judge explains the possible laws that apply in that particular case. 2. It also refers to the statement put down on the official complain accusing the party and staing the crime committed against which the complain is registered.

Charitable Contribution
In the law of taxation it refers to any contribution in cash or cheque to a non profit organisation which has been qualified to receive charity. Such organisation can be religious, artistic, acedamic, scientific, charity etc. The amounted contributed is lowered from the income thereby less tax is paid.

Charitable Remainder Trust
(Charitable Remainder Irrevocable Unitrust) It is a tax saving trust where a person creates a trust and donates funds into it which is irrevocable by nature ie. cannot be taken back or terms cannot be changed. The whole idea is to save tax. Such funds or assets in that trust which generates income is disposed off to the bene...

Charity
It refers to generosity towards others in public or for the needy and less fortunate.It is referred to as good deed by an individual for the society. Charity are also the organisation which helps others in need on the humanitarian, educational, scientific and religious grounds. Indirectly they are helping the government in their jobs and for which ...

Chart Child Support Method
"A process that is used to determine the basis of child support and considers the parent's gross income, minus child support payments for children from a previous marriage, and the amount of money which each child requires.

Charter
It is the name given to articles of incorporation in some states.

Chattel
Items of personal property that are movable in nature.

Chattel Mortgage
Chattel refers to all the personal asset which is not a freehold. It can range from book, pencil, pen, shirt etc. Any document which induces a legal right into such personal tangible asset that can be used as a security or mortgage towards a loan is known as Chattel mortageg. These days it has been well replaced for the purpose of well being of the...

Check
A check is a request or an order in writing to the bank to pay a certain sum of money, as specified in the check and to a particular person or organisation, from the account of the issuer of the check to the account of the bearer of the check or in cash. There are several types of check including blank, travellers, personal, cashiers etc. The check...

Chief Justice
The seniormost presiding judge of the court. He/she is normally the president of the Supreme court. A Chief Justice has the responsibility of managing the court, giving his/her opinion on several ongoing cases and presides on the meetings of lawyers.

Child
1. They are a human being who has nbot reached the age of 14 yet and have not yet attained puberty. 2. A natural offspring of a person is also known as child.

Child Custody
It refers to a legal term used in the court of law in cases where the court has to decide on which parents, in case of divorce cases, and who be the guardian in any other case, of a child who is not yet 18 years of age regarding the social upbringing, education and health matters. The court has to make a decision on such cases very carefully as its...

Child Support
Money paid in case of divorce to a parent who takes the custody of the child by another parent as a contribution to the costs of raising the child.This a provision to ensure that the child should receive equal support from both the parents which it would hav received if there was no divorce.The amount of child support is based on the income of the ...

Churning
An unlawful and immoral method in which a share broker buys shares and stocks in excess on behalf of his client for his personal interst to earn more commission for himself as against the interest of his customer.

Circuit Courts
It refers to many very low level courts located at different places but in the same juridiction or having same common laws. The judge may prefer to hold the cases on "rider on circuit basis" where the judge holds the cases in several courts wherever he/she is presiding , but it will be in same jurisdiction.

Circumstantial Evidence
It refers to the fact and evidence which is not by the eyewitness but which indirectly gives a proof that a person is guilty or not. It is a fact derived out of certain situation before, during and after the crime from surroundings indicating to a fact or evidence.For instance - a phone call before the murder, footprints at the location of crime et...

Citation
1. It is an act of referring to previous court decisions, statutes and legal books on the basis of which the present trial can be based. 2. It also refers to the notice given by the court to the party of the lawsuit to appear in the court during the trial. It can be either for a petty offence, or civil cases or criminal cases. On getting such notic...

Cite
1. It is an act of referring to previous court decisions, statutes and legal books on the basis of which the present trial can be based and arguments be made 2. It also refers to the notice given by the court to the party of the lawsuit to appear in the court during the trial. It can be either for a petty offence, or civil cases or criminal cases. ...

Citizen
Citizen is a responsible person who under the constitution of that country has voting rights and who have sworn loyalty to that country. Normally a person who have born in a certain country or whose parents were a resident of that country or that by fullfilling certain criteria have achieved a status giving him/her the right to be the citizen of th...

Civil
Derived from a Latin word "civilis" meaning Citizen. The term civil is used many context. 1. It is used to refer to the rights of an individual granted by the constitution of the country. They are the civil rights of an individual like voting rights, speech, freedom etc. 2. It refers to cases and trials in the court which are not of crimi...

Civil Action
Any cases or trial which are not criminal in nature and involves the likes of domectic violence, business problems, against government organisations and such others.

Civil Calendar
It refers to the list of all the cases that are scheduled for the trial. The higher above the listing, the closer is the trial date.

Civil Case
Civil case is such that its not criminal in nature. Its generally on property, business, personal domestic problems, divorces and such types where ones constitutional and personal rights are breached.

Civil Code
The codes assigned to various statutes and laws so as to make it systematic and easier for the reference to any business and negligence lawsuits.

Civil Law
A law which does not deal with criminal aspects.It is rules maintained and followed by the society to legally bind the wrong doers.

Civil Liability
It is the liability of paying damages or other expenses as mentioned or ordered by the court in the trial of the lawsuit

Civil Liberties
These are certain rights given to the people under the First amendment to the constitution which includes freedom of speech, expression,press, assemble, worship,right to vote, right to equality in public places without any interference or restriction from the government.They are given to treat all the peole equally under the law and make them enjoy...

Civil Penalties
Civil penalties or civil fines are fines imposed by the government on individuals for violation of rules and regulations like dumping waste in a park,late fees,violation of traffic rules etc.

Civil Procedure
It refers to all the methods, practise and procedure which is processed in order to prepare oneself for a civil case in the court. It does not not refer to the law in the civil case, but is a preparatory ground in terms of filling forms, making documents ready and folowing a lawful procedure for a civil case . It differs from procedural methods of ...

Civil Rights
The priviledges and freedom as a human rights bestowed upon an individual by virtue of citizenship or residency of a particular country. It also includes protection, equality, use of public property, freedom of speech etc as per norms of different country.

Claim
It refers to a written demand for money or rights by someone on the property or damages. It is known as claim. A person paying premium for car accident insurance has right to claim for equal some of money on such accident happening, from the insurance company. Its his/her right. If the claim is not met buy insurance company, they can be taken to co...

Claim Against A Governmental Agency
If a person has suffered any knid of loss or damages from any government agency or employee a notice of claim should be filed following certain strict rules and regulations and within a specified time period which is very short.The claim can be accepted or rejected.If it is rejected then the claimant can file a lawsuit holding he government liable ...