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Legal explanations - Law terms Category: Legal Date & country: 25/02/2010, SG Words: 2570

Propria Persona
It`s a latin term meaning representing oneself or acting on one's own behalf.Term commonly used in legal proceedings where a person is representing himself or herself without the help of an attorney.

Proprietary
refers to the exclusive ownership of a thing or act.

Proprietary Interest
n.Interest in any kind of property which can be complete ownership or partial ownership.

Proprietary Rights
Refers to the rights that is possesed with the possession or ownership of the property.

Proprietor
Legal owner of anything,especially business.

Prosecute
to initiate a legal proceeding right from charging the defendant and leading to the trail and judgement. Normally the state (government) charges the defendant on behalf of the plaintiff, prosecuting the defendant for the crime.

Prosecuting Attorney
The attorney/lawyer or government representative appointed by the government of state (as their representer) to prosecute someone for the criminal case on behalf of the plaintiff or government.

Prosecution
The act of prosecuting ( charges leading to trial) the defendant(offender) in the criminal case in the court, by the government attorney to establish justice. Prosecution generally represents the government/state in the case.

Prosecutor
The attorney/lawyer or government representative appointed by the government of state (as their representer) to prosecute someone for the criminal case on behalf of the plaintiff or government.

Prospectus
It is a legal set of documents which carries the details of the company details, which must be supplied to the investor (despite the fact that its hard to understand for a layman) before they invest in the stock of the company. It contains the full details of the company like finance, directors, liabilities and assets, balance sheets, debts etc, wh...

Prostitute
Person who sells themselves for an unworthy cause. Generally it refers to woman who is paid for having sex with the men and who has actually accepted this as profession. Sometimes even males who are homosexual and who offers to have sex with other males as profession is known to be a prostitute.

Prostitution
It`s the act of selling oneself for a sexual intercourse for money. Prostitution is a profession which is legal only at a permitted zones of the world.

Protective Custody
n.It is an arrangement of providing accomodation to a person by legal authorities other then his home when he is under any kind of threat from another person. Protective custody can be provided to a person who has witnessed a serious crime and is being threatened by the accused or his associates of any kind of physical violence for providing eviden...

Protest
Refers to the formal declaration in writing or vocal, expressing the strong objection or disapproval on certain acts, issues or thing. It can be a protest against increasing or imposing certain tax, for someones right, against sending troops overseas etc.

Prove
To present the evidence or argument which makes the judicial officer be confirmed and certain about the validity and authenticity of the fact.

Provisional Remedy
It refers to a temporary order passed by the judge or any judicial officer to maintain the present staus of the case as it is, till he/she finally gives a verdict to the case. This is done so that neither party can cause any damage to each other while awaiting the final verdict.

Proviso
A stipulated condition or limitation in a contract, deed or title documents which if breached affects the validity of the same.

Provocation
It is an act of provoking someone to do a certain act which is normally associated to danger, anger, illegal acts or getting out of control. If proved in the court of law, that the accused was provoked or incited into doing a crime,can lead to softening the severity of punishment he/she was ought to receive or be aquitted.

Proximate Cause
It refers to the act which when performed leads to the injury almost consequently but in form of natural, undependable or uniterrupted form resulting from that act.It means that if that act was not performed, the injury would not have occurred.

Proxy
a person or a written authority which authorizes a person to act as an agent or a subsitute of another person somewhere. Usually it also gives the power to cast a vote as well.

Prudent Man Rule
It is a rule which directs the trustees or fund managers to invest the funds in the securities in which any level headed, prudent man who desires to make reasonable profit from his/her investment, will be intersted in.

Public
1) It is pertaining to general body of the nation, country, district in form of its citizen or habitat but can be from other nation or district as well. 2) it also goes in for anything that is belonging to the public but manged by the governments, such as roads, lakes, gardens and also certain government managed agency, business houses or property.

Public Administrator
They act as trustees of the entire estate of a person who has died but either have no legal heirs or his/her heir has not taken the responsibility of the estate. Public administrtor is responsible for administration of the estates.

Public Benefit Corporation
It refers to a non profit organisation owned by the government and which carries out the services or functions for the benefit of public. These are mostly the charitable institutions.

Public Charge
A person who is genuinely sick, handicapped or unable to lead a normal life and thus will have to be taken care of by the public expense.

Public Corporation
It refers to the company or a firm which has issued shares through initial public offering thereby having common public as shareholders or members of the company. It also refers to the government owned company because any investment, entity or funds owned by government is known to be "public" property.

Public Defender
They are the lawyers or attorney who have been appointed by the government to counsel or represent the criminal defendants who are unable to meet the legal expenses of the private assistance. These attornies work for non profir organisation which are manged by the government.

Public Domain
It refers to either land, property, or any form of creative and intellectual work which is the property of government and thus a public owned. In cases of real assets, they are usually free of cost to use or charged a very nominal fees. For the intellectual or creative work, anything which is not a copyright or patented, is accesible and reuseable ...

Public Easement
It is the priviledge or right of the public to use the property which is not their own. For instance the priviledge to use a pathway leading to the beach, from a private property. It is allowed or arranged so by the government.

Public Figure
Usually used in defamation lawsuits, where a person who files the suit has been a great public interest willingly or unwillingly or has ben a well known persoanlity amongst the public like that of politician, models, film stars etc.They file a suit if their image or character is harmed either in writing or publishing.But they have a heavy burden of...

Public Nuisance
It refers to an act which considerably disturbs, annoys, hinders or interferes the rights of public at large (and not just neighbours or some few people) to use the public property or pertaining to endangering ones life. It is a minor crime which can lead to health hazards and lead to disturbing the safety and comfort of common people.

Public Property
It refers to any property that is owned by government.The government owned property is offered for use of public at large like that of parks, libraries, lakes, pathways etc.

Public Record
(n). The recorded matters regarding the functioning of any authority or body accountable to the public, the subject or contents of which are open to the public for verification and information as per the rights conferred on them, are termed as public records. Example: Minutes of the generals meeting of a corporation is not a public record

Public Trust Doctrine
(n) Public trust doctrine is the authority bestowed on the government to hold, use, sale or otherwise transact any property submerged under its navigable waters, for the public benefit.

Public Use
(n) Public use is the decision to convert a property held by any individual or association of person for limited access, to be used for general access or purpose. For example a park owned by a joint family is acquired by the Government to convert it to a public park accessible by all

Public Utility
(n) A public utility is the provision of any service, irrespective of the lender of such services, to the public as a whole without limiting its scope to any particular group unless barred by the law of land. For example a taxi is a public utility but private cars are not.

Publication
(n) Publication is the process of communicating information of all sort like data, idea, findings, opinions, observations crafting etc with an intention to reach such information to the public, by using any channel of communications like printed media, voice media or picture media.

Publish
(v) Publish is the action by which one person communicate the information of any sort known to him or possessed by him, whether known to others or not, with an intention to pass the information to any one or more persons

Puffing
(n) Puffing is defined as the process by which any article, product or service intend to sell is decorated with a definite purpose of face-lifting the item there by inducing the customer to buy the product and increasing the chance of sale or its apparent worth. For example putting a new good looking cover to the product.

Punitive Damages
(n) Punitive damages are the punishment given on law suits as a part of decree with an intention to retaliate the wrong or fraud done by the culprit preferably to compensate the looser.

Putative
(Adj) When a belief, faith or practice is accepted as per a custom, practice or situation, if such believes, faith or practices are not proven wrong , then such beliefs, faith or practices are termed as punitive. For example when a male and female are living together unless proving the contrary they are accepted as husband and wife.

QTIP Trust
A trust that provides a person's spouse with income for life that is free of estate tax. The trust's assets pass to the beneficiaries designated by the trust's creator when the spouse dies. When the beneficiaries receive the assets, estate taxes are applied

Qualified Domestic Relations Order
(QDRO) Qualified Domestic Relations Order is the order issued by a court directing to pay child support or alimony by apportioning money from the pension plan or retirement benefits of the guardian, such that the money goes directly to the child's support.

Qualified Domestic Trust
(QDOT) (n) Qualified Domestic trust is the trust formed by a person, by a will or otherwise transferring his property to the trust, in which his wife was named as the beneficiary after his death, especially when the property cannot be transferred by reason of non citizenship of the spouse.

Quantum Meruit
(n) Quantum merit is the determination of value of the services extended based on the amount of work and the rate of work existing there for similar work, when an agreement or contract is not existing between the parties. This Latin word 'kwahn-tuhm mare-ooh-it' means "as much as he deserved."

Quash
(v) Quash is the action by which a judge or the authorized person set aside an order or nullify the earlier actions. By quashing the position prior to the issue of orders is restored.

Quasi
(v) When an action, decision, order or proclamations etc are taken in a form almost similar to the legal or judicial process, other than by a judicial authority or judicial process such situations are qualified as 'Quasi'. For example a quasy judicial proclamation. The Latin word (kway-zeye, kwah-zee) means 'as if' is a substituted identity.

Quasi Community Property
(n) When a couple not legitimately married but living together as if husband and wife acquires some property during such period of quasi marriage they are classified as 'Quasi Community Property'.

Quasi Contract
(n) A quasi contract is the existence of a contract which is not legitimately done but the terms are accepted and followed as if there is a legitimate contract. Many of the casual jobs are quasi contracts as such though it is not there it is apparently present and accepted by the parties

Quasi Corporation
(n) A quasi corporation is the one which is not legally existing for want of completing the legal requirements of its incorporation but acts in every manner similar to a legitimate corporation. For example the existence of the corporation before formal incorporation.

Quasi In Rem
(Adj) Quasi In Rem is the legal actions on disputes involving the rights, titles, possession etc of a property and the right or claim of the persons in such properties

Quasi-Criminal
(Adj) During trial on a civil maintenance case, a court can act as if it was a criminal case to punish the involved persons for their misdoings, by issuing orders as 'quasi criminal'. For example sending a person to jail for contempt of court.

Quasi-Judicial
(adj) Quasi-judicial is the forum which is not a constituted legal authority but performs activities analogue to those conducted by court. For example human rights forum

Queen's Bench
(n) The term 'Queens bench' is used to represent the highest judicial authority in Great Brittan to implying the deriving of the authority from the head of the nation 'The queen' itself.

Query
(n) Query is defined as a question, doubts, clarifications sought on any issue related to the subject matter of consideration put for ward with an intention to get an answer or clarifications etc. from the concerned person.

Question Of Fact
(n) Question of fact is the determination of truth or fallacy on any issue under consideration of a judge or jury in a lawsuit.

Question Of Law
(n) Question of law is the interpretation of law with reference to the facts of the case, lying under the preview of the court. When a case is referred to the question of law then authenticity and verification of the facts of the case are not considered but verifies what the law intends in such circumstances

Qui Tam Action
(n) Qui Tam Action is a lawsuit initiated by any citizen who is involved in the subject matter of the case only by virtue of his citizenship interest in that country, against the wrong doing of other person where by such person violates the law of land or cause damages to the country. The Latin word kwee tam means 'who as well' meaning anybody coul...

Quid Pro Quo
(n) Quid Pro Quo is used to represent the reciprocal part of consideration or compensation a party is entitled by entering in to a deal, or by giving a consideration or by extending service etc. The Latin word 'kwid proh kwoh' means 'something for something' to represent the other part of the deal

Quiet Enjoyment
(n) Quiet enjoyment is the situation by which the owner or occupier of the property can enjoy the benefit expected out of the property without interference or disturbance. So When a property is rented out, a frequent sustainable claim from a third party for vacation of the premises leads to failure of Quiet enjoyment. In most leasing out, this clau...

Quiet Title
(n) When a person is holding Quiet title to a property the risk of legal action and dispute over the property does not exists. A legal resolve to settle the dispute over a property there by getting a quiet enjoyment is termed as quiet title.

Quiet Title Action
(n) Quiet title action is the legal action to establish once rights on any property by quieting all claims and challenges of other parties in that property

Quit
(v) Quit is the action, where by a person or entity leave the premises occupied by him till that time, either forced or voluntary or as per an agreement or of convenience etc.

Quit Claim Deed
(v) Quit claim deed is the expression of granting an interest in a property without assigning any specific right or ownership in such property

Quitclaim Deed
(n) A quit claim deed is a document which assigns any interest in a property to a person without transferring the title or without granting any specific right in such property.

Quo Warranto
(n) Quo Warranto is the writ petition challenging the right , title, authority, order of a person or corporation or authority.

Quorum
(n) A quorum is the prefixed number of members to be present in a meeting of such members for legitimately transacting business for which such meetings were called, after following the rules set forth to convene such meeting. The bye-laws of all organizations or association fixes the quorum of the meeting of each body

Quotient Verdict
(n) Quotient verdict is the method of averaging the monetary damages awarded by all members of the jury when they differ in their opinion about the amount to be decreed in the suit before them.

Race To The Courthouse
(n) Doctrine of Race to the courthouse establishes the precedence of the documents, deed, mortgage, lien, judgments etc have on the documents subsequently recorded with the country recorder records, irrespective of whether the subsequent recorded document were dated later or not.

Racketeering
(n) Racketeering is defined as the process of forming or running an organization to operate or commit or otherwise execute ongoing criminal activities. For example the drug mafia planning and executing drug traffic in an organized manner. Such crimes are generally illegitimate business

Rainmaker
"An attorney who brings a significant amount of clients, and money, to his firm.

Ransom
(n) Ransom is the money or compensation demanded by the person who has illegitimately detained a person or article for reliving such person or returning such articles

Rape
(n) Rape is the sexual intercourse of penetrating vagina by penis without the consent of the women by resorting force, threat or violence etc.

Ratable
(Adj) When an article, property, estate etc can be valued in monetary terms so that tax rate can be applied on them, they are termed as 'Ratable' property

Ratification
(n) When some action or decision has taken without required authority or prior approval to do such acts, the decisions to regularize such actions by the persons authorized to do such acts are called ratification

Ratify
(V) 'Ratify' is the process by which an authorized person regularize the action or decision taken by some other person without proper authority or prior approval required while doing such acts

Rational Basis
(n) A law, order, action etc is said to be executed in a rational basis when it is tested for the constitutionality and when it achieves the legitimate objectives of the constitution and society.

Ready, Willing And Able
adj. fully prepared to act, as in performing a contract

Real Estate
(n) Real estate is defined as the land, buildings constructed in the land and every developments and growing attached to such property. Hence a real estate includes land, structures built on it and plantations in that land.

Real Estate Agent
Someone who is licensed in a real estate transaction to represent either the buyer or seller.

Real Estate Broker
Real estate profession who has more training and higher rank that real estate agents.

Real Estate Investment Trust
(n) A 'Real Estate Investment Trust' is a trust formed with an objective of investing in real estates by joining the individual investors who either gets percentage of interest in the property or benefit from the profit of the trust.

Real Party In Interest
(n) A Real Party In Interest is the person who is ultimately getting benefited from the outcome of the case or lawsuit filed by a person whether interested in that case or not. For example a company files a suit against an insurance company not paying insured workman compensation to the staff.

Real Property
(n) A real property is defined as the property which are physically visible and firmly attached to fixed position including land, structure constructed, erected equipments, development to land, growth in the property like trees etc including all interest in such properties.

Realty
(n) Realty is the term used to represent real property more specifically the landed property which are not expected to change during course of time

Reasonable
(Adj) Reasonable is used to represent the near equality of the action or activities taking in to consideration the prevailing circumstances at the time of the event. Reasonableness is time and circumstances conscious. Hence reasonableness will change when situation change

Reasonable Care
(n) Reasonable care is defined as the care, concern, caution or action an average prudent person is expected to take in such circumstances. Though it is a subjective qualification it can be assessed by the action a man would have taken had he been subjected to such a situation.

Reasonable Doubt
(n) Reasonable doubts refer to the benefit of doubt given to the defendant before making certain that the defendant is guilty of the crime. For a criminal charge a jury or judge must be convinced of the guilt done by the defendant before punishing him. Benefit of doubts always favor the accused.

Reasonable Reliance
(n) Reasonable reliance is the level of faith an average person would have placed on the words of another person in taking a decision especially while executing an agreement. So when the circumstances apparently proves contrary a reasonable man will not accept the dishonesty

Reasonable Speed
(n) Reasonable speed is the speed at which a prudent driver is expected to drive a vehicle, in the absence of any external influences like alcohol, insanity, absence of mind, medical urgency etc taking in to account the condition of vehicle, circumstances and rules prevailing there in.

Reasonable Time
(n) A reasonable time is the time span required for doing something or performing some activities or completing some assignment etc under similar circumstances and conditions

Reasonable Wear And Tear
(n) Reasonable wear and tear is the normal expected wear and tear occurs to a property by the passage of time when it is used with reasonable care expected while using similar properties. This term is used to represent the expected wear and tear in rented properties to protect tenants position

Rebate
(N) Rebate is the special reduction allowed in the selling price of any product sold or otherwise transferred whereby the buyer need to pay only the reduced amount. The effect of rebate is the reduction in purchase cost to the buyer without reduction in selling price to the seller but seller incurs additional expenses in the form of rebate

Rebuttable Presumption
(n) Rebuttable presumption is used to represent the absoluteness of rejecting a presumption whenever an evidence proves contrary.

Rebuttal
(n) Rebuttal is the negation of a proof, argument, evidence or documents provided in a proceedings by introducing counter evidence. For example if plaintiff bring a witness said to be witnessed the claim then defendant rebuttes it by placing evident that the witness was at a different place that time

Recapture
(n) Recapture is the recovery of inflated , excessive depreciation provided during previous years, when the property is finally sold or disposed off

Receipt
(n) A receipt is defined as the signed document acknowledging the acceptance of the money, goods, articles or services etc.

Receiver
(n) A receiver is the person appointed by a judge to take charge of the property, business etc of another person, to run the business, collect the receivables etc with the purpose of fulfilling the objective for which such receivers are appointed

Receivership
(n) Receivership is the authority given to a person by a court to take over the custody, charge of a property or business etc of someone else, to run the property or business as per the direction issued by the court

Recess
(n) A 'recess' is defined as the time-off or break in the court proceedings, legislative sessions etc to a latter date and time. A recess is sought when a future event need to be settled or happened.