Glossary of Legal Terms

A

Access to Justice: This principle ensures that individuals have the ability to seek and obtain legal remedies through the courts or other legal mechanisms, regardless of financial means or social standing. It guarantees that legal systems are fair, equitable, and available to all, promoting the rule of law and enabling people to protect their rights.

Accomplice: An accomplice is someone who assists or participates in committing a crime, either by helping or encouraging the main perpetrator. He can be held legally responsible for the crime, even if he did not directly commit the criminal act.

Accused: The individual or party charged with committing a criminal offence. The accused is entitled to a fair trial and the presumption of innocence until proven guilty in court.

Acquittal: A legal judgment that a defendant is not guilty of the charges brought against them in a criminal trial. An acquittal means that the prosecution failed to prove the case beyond a reasonable doubt.

Act: In legal terms, an "Act" refers to legislation passed by a governing body, such as parliament. An Act is a written law that sets out legal obligations, rights, or prohibitions.

Actus Reus: A Latin term meaning "guilty act", it refers to the physical component of committing a crime, i.e., the actual conduct or unlawful action, as distinct from the mental intent (mens rea).

Ad Idem: A Latin term meaning "to the same thing". In legal contexts, it refers to when both parties to an agreement or contract have a mutual understanding of the terms and intentions.

Adjournment: The suspension or postponement of court proceedings to a later date. An adjournment can be requested for various reasons, such as the need for more time to gather evidence.

Adjudication: The formal process by which a judge or an arbitrator resolves a legal dispute or case, rendering a binding decision based on the law and the evidence presented.

Adverse Possession: Adverse possession is a legal principle that allows a person who occupies land for an extended period, without the permission of the legal owner, to claim ownership. The occupier must meet specific legal requirements, such as continuous and open possession, to gain title to the property.

Advocate: A lawyer or barrister who represents and argues on behalf of clients in court. Advocates play a crucial role in presenting evidence and legal arguments to protect their clients' interests.

Affidavit: A written statement made under oath, used as evidence in legal proceedings. The person making the affidavit swears that the information provided is true.

Affirmanti Non Neganti Incumbit Probatio: A Latin maxim meaning "the burden of proof is on the one who affirms, not on the one who denies". This legal principle places the burden of proof on the party making the assertion in a legal dispute.

Affirmation: A solemn declaration made by a person in place of taking an oath. It carries the same legal effect as an oath and is used by those who object to taking oaths due to personal or religious beliefs.

Affirmed: When a higher court confirms or upholds the decision of a lower court after an appeal. This means the original judgment remains in effect.

Agent: An agent is a person authorised to act on behalf of another individual or entity (the principal) in legal or business matters. The agent's actions bind the principal to agreements made within the scope of the authority granted.

Alternative Dispute Resolution (ADR): A process to resolve disputes outside of court, using methods like mediation, negotiation, or arbitration. ADR is often faster, less formal, and less costly than litigation.

Amicus Curiae: A Latin term meaning "friend of the court". It refers to a person or organization not party to a case who offers information, expertise, or insight to assist the court in making its decision.

Appeal: A process by which a party requests a higher court to review and potentially overturn a lower court's decision. Appeals can challenge legal errors or procedural irregularities in the original case.

Appellant: The party who initiates an appeal in court, seeking a reversal or modification of a lower court's decision.

Applied: When a court uses an existing legal principle, rule, or precedent in a case to resolve an issue or render judgment.

Approved: When a higher court confirms or endorses a lower court's legal reasoning or decision, often cited as precedent for future cases.

Arbitration: A form of Alternative Dispute Resolution where a neutral third party (the arbitrator) hears both sides of a dispute and makes a binding decision. It is often used in commercial disputes.

Arraignment: An arraignment is a procedure in criminal cases where the defendant appears in court, hears the charges against them, and enters a plea of guilty, not guilty, or no contest. This is typically one of the first steps in a criminal trial process.

Assignment: An assignment is the legal transfer of rights, property, or obligations from one party (the assignor) to another (the assignee). This is common in contracts, where an assignor transfers their interest or rights to another party.

Attorney-General: The chief legal advisor to the government, responsible for representing the state in legal matters and ensuring that public interest is maintained in legal processes.

Audi Alteram Partem: A Latin legal maxim meaning "hear the other side". It is a fundamental principle of natural justice, ensuring that all parties in a legal dispute have the opportunity to present their case before a decision is made.

Award: The decision or outcome given by an arbitrator in an arbitration process. The award is binding on the parties and can be enforced like a court judgment.

B

Bail: Bail refers to the temporary release of an accused person awaiting trial, usually under certain conditions, such as providing a financial guarantee (bail bond) or agreeing to restrictions. The purpose is to ensure the accused returns to court while respecting the presumption of innocence until proven guilty.

Balance of Probabilities: This is the standard of proof in civil cases, meaning that a party must prove that something is more likely than not to have occurred. The judge or jury decides in favour of the party whose case seems more probable, even if the margin is slim.

Bankrupt: A legal status where a person or entity is unable to pay their debts, leading to the formal process of bankruptcy. The individual or company's assets are typically liquidated and distributed among creditors, and they may receive protection from further debt collection efforts.

Bar: The Bar refers to the collective body of barristers, or legal professionals who are qualified to represent clients in court. It can also refer to the professional legal qualifications required to practice law as a barrister.

Barrister: A barrister is a type of lawyer who specialises in advocacy and representing clients in higher courts. In many jurisdictions, barristers handle court appearances, while solicitors may manage the client's case and handle paperwork outside of court.

Beyond Reasonable Doubt: This is the highest standard of proof in criminal law, requiring that the prosecution prove the defendant's guilt to such an extent that no reasonable person would question it. It aims to protect the accused by ensuring no conviction unless the evidence is overwhelmingly convincing.

Bona fide: A Latin term meaning "in good faith", it refers to actions or transactions that are genuine, honest, and without the intention to deceive. It is commonly used to distinguish legitimate transactions or behaviour from fraudulent ones.

Breach of Contract: A breach of contract happens when one party fails to meet their obligations under a legally binding agreement without a valid reason. This can lead to legal consequences, such as the other party seeking damages or enforcement of the contract terms.

Brief: In legal terms, a brief is a written document prepared by a lawyer outlining the facts of a case, the legal issues, and the arguments supporting their client's position. It is submitted to a court to assist in the decision-making process.

Burden of Proof: The burden of proof refers to the responsibility placed on a party to prove the facts of a case. In criminal cases, the burden is on the prosecution to prove guilt "beyond reasonable doubt", while in civil cases, it is generally on the claimant to prove their case on the "balance of probabilities".

C

Case Law: Case law refers to law that is established based on judicial decisions in individual cases, rather than through statutes or written legislation. Courts rely on previous decisions, or precedents, to guide the outcomes of new cases with similar facts, making it a key component of the common law system.

Case Management: The process by which courts or tribunals oversee and manage the progress of legal cases to ensure they are handled efficiently and fairly. This involves setting timelines, organising pre-trial hearings, and managing the exchange of evidence between parties.

Caution: In legal terms, a caution is a formal warning given by the police to a person who admits to a minor crime, serving as an alternative to prosecution. It is also used to describe the procedure whereby a person is warned of their rights during arrest or interrogation.

Caveat Emptor: A Latin term meaning "let the buyer beware". It places the responsibility on buyers to thoroughly inspect goods or property before purchasing, as they assume the risk for any defects or issues, unless specific warranties are provided.

Chambers: Refers to a judge's or barrister's private office where legal proceedings such as hearings or meetings are held outside of the courtroom. Barristers also work in chambers, which are their offices or organisations for legal practice.

Chancellor of the High Court: A senior judicial position in the United Kingdom, responsible for overseeing the Chancery Division of the High Court, which deals with cases involving trusts, estates, business disputes, and intellectual property.

Chancery Division: A division of the High Court in England and Wales, primarily handling cases involving equity law, such as disputes over trusts, wills, land law, company law, and intellectual property rights.

Charge: In criminal law, a charge refers to a formal accusation of a crime. In civil law, it can refer to a security interest taken by a lender over a borrower’s property to secure the repayment of a loan.

Charterparty: A contract between the owner of a vessel and a charterer who rents the use of the vessel or part of its cargo space. It outlines the terms and conditions for the transportation of goods by sea.

Chattel: Refers to any personal property that is movable, as opposed to immovable property like land or buildings. Examples include furniture, vehicles, and livestock.

Chose: A legal term for an item of property, often intangible, such as a right to sue (chose in action) or personal property (chose in possession).

Chose in Action: A personal right to property or money that can only be claimed or enforced by taking legal action, such as the right to recover a debt or damages in a lawsuit.

Circuit Judge: A judge who serves on one of the courts within a particular judicial circuit, handling civil and criminal cases. In the UK, circuit judges serve in the Crown Court, County Court, or High Court.

Civil Law: It refers to legal matters that involve disputes between individuals or organisations, rather than criminal charges. Civil cases typically address issues such as contracts, property, family law, and torts.

Civil Law System: A legal system based on codified statutes and laws rather than case law or judicial precedent. Many countries, including those in Europe and Latin America, follow the civil law tradition.

Civil Procedure: The body of rules governing the process by which civil cases are handled in court, including the steps for filing a case, presenting evidence, and delivering judgment.

Claimant: A person or entity that brings a legal claim or lawsuit against another party, typically seeking compensation or other remedies for harm or breach of rights.

Committal: The process by which a court sends someone to prison or to trial. In civil cases, committal can refer to the enforcement of a court order by imprisonment.

Common Law: A legal system where laws are developed through judicial decisions, or precedents, made by courts, rather than solely through legislation. Common law is practiced in countries such as the UK and the US.

Compensation: A sum of money awarded by a court to a person who has suffered harm or loss, intended to restore them to the position they were in before the harm occurred.

Conciliation: A form of alternative dispute resolution where a neutral third party helps disputing parties reach a settlement by facilitating communication, rather than issuing a binding decision like arbitration.

Considered: In legal opinions or judgments, "considered" refers to when a court has taken into account a particular point of law, argument, or fact before reaching its conclusion.

Contract Law: The branch of law that deals with legally binding agreements between parties, governing issues such as formation, performance, breach, and remedies.

Contempt of Court: An offence of disobeying or disrespecting a court order or showing disrespect to a legal process. Contempt can result in fines, imprisonment, or other penalties.

Contributory Negligence: A legal doctrine in tort law where a plaintiff's own negligence contributes to the harm or injury they suffer, potentially reducing the compensation they can recover.

Constructive Notice: It is a legal principle that presumes a person has knowledge of a fact if it could have been discovered through reasonable diligence, even if he is not actually aware of it.

Corroboration: The use of additional evidence to support or confirm the validity of a fact or statement. In legal proceedings, corroboration strengthens the credibility of witness testimony or other evidence.

Counsel: A term referring to a lawyer, barrister, or legal advisor who represents a party in a legal matter, providing legal advice and advocacy.

Counterclaim: A legal claim brought by a defendant against the claimant in response to the original claim, often seeking to offset liability or seek damages.

County Court: A court that deals with civil matters, such as contract disputes, personal injury claims, and small claims. In the UK, County Courts are lower courts that handle less complex cases than the High Court.

Court: A formal legal institution where disputes are resolved, legal rights are enforced, and decisions are made by judges or magistrates according to the law.

Court of Appeal: A higher court that reviews decisions made by lower courts to ensure the proper application of law and justice. It has the power to affirm, reverse, or modify lower court rulings.

Creditor: A person or entity to whom money is owed, typically in the context of loans or financial obligations. Creditors can take legal action to recover debts from debtors.

Criminal: Refers to actions that are considered offences against society or the state, as defined by criminal law. Criminal cases involve prosecuting individuals or entities for conduct prohibited by law.

Criminal Law Act 1967: A UK statute that reformed various aspects of criminal law, including abolishing the distinction between felonies and misdemeanours and modifying the rules on self-defence and arrest.

Crown Court: A court in the UK that deals with serious criminal cases, including indictable offences, appeals from magistrates' courts, and sentencing. It is presided over by judges and, in some cases, a jury.

Curia Advisari Vult: A Latin phrase meaning "the court wishes to consider" or "the court will deliberate". It indicates that the court needs time to think before delivering a judgment.

D

Damages: A monetary award ordered by a court to compensate a party for harm, loss, or injury caused by another party's breach of contract, negligence, or wrongful act. Damages can be compensatory (to cover actual losses) or punitive (to punish the wrongdoer).

De facto: A Latin term meaning "in fact" or "in practice". It refers to situations that exist in reality, even if not legally recognised. For example, a de facto relationship may exist between two people who live together as partners without being legally married.

De Jure: A Latin term meaning "by law" or "legally". It refers to situations that are legally recognised, regardless of whether they exist in reality. For example, a government may be de jure if legally recognised, even if it has lost control of the state.

De Minimis Non Curat Lex: A Latin legal maxim meaning "the law does not concern itself with trifles". It implies that minor or trivial matters are not considered by the law, and courts will not address insignificant claims.

Debtor: A person or entity that owes money or other obligations to another (the creditor). Debtors are legally obligated to repay the debts as per the terms agreed with the creditor.

Declaration: A formal statement or judgment by a court that clarifies the legal rights or status of the parties involved. Declarations do not require any further action, but they serve as an official determination of legal rights.

Default Judgment: A court ruling made in favour of one party because the opposing party has failed to respond to the legal action or appear in court. This judgment is issued without a trial.

Defendant: The party against whom a legal action or lawsuit is brought. In criminal cases, the defendant is the person accused of committing a crime; in civil cases, the defendant is the party being sued.

Distinguished: A legal concept in which a court decides not to apply a precedent because the facts of the case differ significantly from those of the earlier case. It allows a court to avoid following a previous decision.

District Judge: A judicial officer who presides over cases in the lower courts (such as county courts or magistrates' courts) in civil and criminal matters. District judges handle less complex cases than higher court judges.

Divisional Court: A court in the High Court of England and Wales that hears certain appeals from lower courts and tribunals. It usually involves two or more High Court judges hearing cases on administrative law, criminal appeals, and judicial review.

Dock: The enclosed area in a courtroom where a defendant sits or stands during their trial. It is primarily used in criminal trials to keep the accused separate from the court audience.

Doli Incapax: A legal doctrine meaning "incapable of wrongdoing". It refers to the presumption that children below a certain age (typically under 10) are not capable of committing a criminal offence because they cannot fully understand their actions.

Due Process: A legal principle that guarantees fair treatment through the judicial system, including the right to a fair trial, impartiality, and adherence to proper legal procedures. Due process ensures that individuals' rights are protected under the law.

E

Early Neutral Evaluation: A form of Alternative Dispute Resolution (ADR) where an independent third party evaluates the merits of a case early in the legal process. This helps the parties understand the strengths and weaknesses of their case and may encourage settlement.

Either-way Offence: A criminal offence that can be tried either in a magistrates' court or a Crown Court, depending on the seriousness of the case and whether the defendant opts for a jury trial. Examples include theft and assault.

Ejusdem Generis: A legal principle that when a law lists specific items followed by general terms, the general terms should be interpreted to include only items of the same kind as the specific items listed.

Equality: The principle that all individuals are treated the same under the law, with equal rights and opportunities, without discrimination based on race, gender, or other factors.

Equality of Arms: A legal principle that ensures both parties in a dispute have an equal opportunity to present their case, preventing one party from having an unfair advantage over the other.

Equity: A body of law developed to address fairness and justice where strict application of common law would result in injustice. Equity focuses on remedies such as injunctions, specific performance, and trusts.

Equity and Trusts: An area of law dealing with the principles of fairness (equity) and the legal structure of trusts, where one person (the trustee) holds property for the benefit of another (the beneficiary).

European Communities Act 1972: A UK law that gave effect to the UK's membership in the European Union, incorporating EU law into domestic law. It was repealed as part of Brexit.

European Convention on Human Rights: An international treaty to protect human rights and fundamental freedoms in Europe. It is enforced by the European Court of Human Rights and covers rights such as the right to a fair trial, freedom of expression, and prohibition of torture.

Ex Parte: A legal term meaning "on behalf of one party". It refers to proceedings or actions taken by one party in the absence of the other, such as urgent court applications.

Ex Turpi Causa Non Oritur Actio: A Latin legal maxim meaning "no action arises from a dishonorable cause". It prevents a claimant from pursuing legal remedies if the claim is based on illegal or immoral activity.

Examination in Chief: The questioning of a witness by the party who called them to testify in court. It is the first stage of direct questioning aimed at eliciting evidence to support the party's case.

Executor: A person appointed by a will to manage and distribute the deceased's estate in accordance with the terms of the will. The executor's duties include paying debts, distributing assets, and managing the estate.

Expert Determination: A method of resolving disputes in which an independent expert is appointed to make a binding decision on a technical or specialised matter. It is often used in commercial and construction disputes.

Expressio Unius Est Exclusio Alterius: A Latin legal maxim meaning "the expression of one thing excludes the others". It suggests that when a law or document lists specific items, it implies the exclusion of items not listed.

Fact Law Sandwich: A method of legal reasoning used in judgments and legal writing that involves stating the facts, applying the law to those facts, and then concluding with how the law applies to the specific facts. It helps structure legal arguments in a clear and logical manner.

Fairness: A legal principle that requires that all parties in a dispute be treated equitably and justly, with impartial decision-making, access to legal remedies, and adherence to due process. Fairness is a key concept in both procedural and substantive law.

Family Division: A division of the High Court in England and Wales that deals with family-related legal matters such as divorce, child custody, domestic violence, and probate issues. The Family Division focuses on issues related to family law and the welfare of children.

G

Garnishee: A legal process where a creditor obtains a court order to seize money or property owed to the debtor by a third party, such as a bank. It is commonly used to enforce judgments, ensuring creditors can recover debts.

Golden Rule: A legal interpretation principle stating that the literal meaning of a statute should be followed unless doing so would lead to an absurd or unjust outcome. In such cases, courts can interpret the statute to avoid such results.

Guarantor: A person or entity that agrees to be responsible for another party's debt or obligations if that party fails to fulfil their legal obligations. In contracts, the guarantor ensures the performance of another party, such as a tenant or borrower.

H

Habeas Corpus: A legal writ requiring that a person under arrest be brought before a court to determine if their detention is lawful. Habeas corpus protects against unlawful imprisonment and ensures the right to a fair trial.

Head of Criminal Justice: A senior official responsible for overseeing and coordinating the administration of criminal justice in a particular jurisdiction. This role often involves managing courts, law enforcement agencies, and criminal policy.

Hearsay: Evidence based on what someone else has said, rather than on direct knowledge of the witness. Hearsay is generally inadmissible in court because it is not considered reliable, although there are some exceptions.

High Court: A senior court in England and Wales that handles high-value civil cases and more complex legal issues. It has three divisions: Queen's Bench, Chancery, and Family, each dealing with different types of cases.

Human Rights Act 1998: A UK law that incorporates the rights contained in the European Convention on Human Rights into domestic law. It allows individuals to defend their human rights in UK courts without having to take their case to the European Court of Human Rights.

I

Ibid: A Latin term meaning "in the same place". It is used in legal citations to refer to a source that was cited immediately before, saving the need to repeat the full citation.

In Camera: A legal term meaning "in private". It refers to court proceedings that are closed to the public and press, often to protect sensitive information, such as in cases involving minors or national security.

In Curia: A Latin term meaning "in open court". It refers to legal proceedings conducted publicly, where the court's decisions are made in the presence of the parties and can be observed by the public.

Ignorantia Juris Non Excusat: A Latin maxim meaning "ignorance of the law is no excuse". It establishes that individuals are expected to know the law, and claiming ignorance of the law does not exempt them from liability.

In Limine: A Latin term meaning "at the threshold". It refers to a motion or request made to a court before or at the beginning of a trial, often to exclude certain evidence from being introduced at trial.

In Loco Parentis: A Latin term meaning "in the place of a parent". It refers to a person or institution assuming the legal responsibilities of a parent, such as schools or guardians temporarily caring for a child.

In Personam: A legal action directed against a specific person or entity, aiming to impose personal liability or require specific performance of obligations. It contrasts with in rem actions, which are directed at property.

In Rem: A legal action or judgment directed at property, rather than a person, establishing rights over or against the property itself. Examples include lawsuits regarding ownership or possession of land or assets.

Indictable Offence: A serious criminal offence that must be tried in a Crown Court before a judge and jury. Examples include murder, robbery, and sexual offences. These offences carry more severe penalties compared to summary offences.

Injunction: A court order that requires a party to do or refrain from doing a specific act. Injunctions can be temporary (interim) or permanent and are used to prevent harm, maintain the status quo, or protect legal rights.

Inns of Court: Professional associations for barristers in England and Wales. The four Inns of Court, namely Lincoln's Inn, Inner Temple, Middle Temple, and Gray's Inn, are responsible for training, admitting, and regulating barristers.

Inter Vivos: A Latin term meaning "between the living". It refers to a legal transaction, such as a gift or trust, made between living persons, as opposed to one that takes effect upon death (mortis causa).

Interlocutory: A legal term referring to interim or provisional court orders made during the course of a case, often regarding procedural matters. These orders do not resolve the case but deal with issues that arise before the final decision.

Intestate: Refers to dying without having made a valid will. In cases of intestacy, the deceased’s estate is distributed according to the rules of intestacy, which vary by jurisdiction but usually prioritise close family members.

Intra Vires: A Latin term meaning "within the powers". It refers to actions taken by a person or body that are within their legal authority. It contrasts with ultra vires, which means "beyond the powers."

IRAC Method: A legal analysis method used in legal writing and problem-solving. IRAC stands for Issue, Rule, Application, and Conclusion. It provides a structured approach to addressing legal questions by identifying the issue, stating the relevant rule, applying the rule to the facts, and concluding.

Issue: In legal terms, an issue is a disputed point or question in a case that needs to be resolved by the court. Legal issues often arise from disagreements about facts, law, or the interpretation of contracts.

J

Judicial Appointments: The process of selecting and appointing judges to serve in the judiciary. In the UK, the Judicial Appointments Commission oversees this process, ensuring candidates are selected based on merit, fairness, and transparency.

Judicial Independence: The principle that judges should be free from outside influence, including pressure from the government, political parties, or individuals, allowing them to make impartial decisions based solely on the law and facts.

Judge: A legal professional who presides over court proceedings, ensuring that trials are conducted fairly and in accordance with the law. Judges interpret and apply the law, assess evidence, and make rulings on legal disputes.

Judgment: The final decision or ruling made by a judge or court at the conclusion of a case. A judgment can include orders for remedies, such as compensation, injunctions, or declarations of rights.

Juror: A member of a jury, selected to hear evidence in a trial and make a decision (a verdict) based on the facts presented. Jurors are typically used in criminal and some civil cases.

Jury: A group of people (usually 12 in the UK) chosen from the general public to decide the outcome of a legal case, typically in criminal trials. The jury assesses the evidence and determines the guilt or innocence of the defendant.

Justice: A broad concept referring to the fair and impartial application of the law. It ensures that individuals receive fair treatment in legal processes and that the rule of law is upheld.

Justice of the Peace: A lay magistrate who deals with minor criminal offences and civil matters in a Magistrates' Court. Justices of the Peace are not legally trained but play a key role in administering justice at the local level.

Jurisdiction: The authority of a court or legal body to hear and decide cases. Jurisdiction can be determined by geographic area, subject matter, or the level of the court within the legal system.

Jurisprudence: The study or philosophy of law, which explores the theoretical foundations of legal systems, legal reasoning, and the role of law in society.

K

King's Bench Division: The King's Bench Division is part of the High Court of Justice in England and Wales. It primarily handles civil disputes, including contract law, tort law, and some judicial reviews, especially those involving public bodies. When the monarch is a queen, the name will be changed to the Queen's Bench Division.

King's Counsel: King's Counsel is a title given to senior barristers in the UK and some Commonwealth countries who have demonstrated excellence in their legal expertise and advocacy. They are appointed by the monarch and are typically involved in complex and high-profile cases. When the monarch is a queen, this term will be changed to Queen's Counsel.

L

Law Commission: An independent body in the UK that reviews and recommends reforms to improve, simplify, or modernise the law. Its role is to ensure that the law remains fair, efficient, and accessible.

Law Lords: Refers to the judges who served in the House of Lords before its judicial functions were transferred to the UK Supreme Court in 2009. These judges were the final court of appeal in the UK legal system.

Lex Iniusta Non Est Lex: A Latin phrase meaning "an unjust law is not a law". It reflects the belief that laws must be just and morally acceptable to be valid and binding.

Lien: A legal right or claim that allows one party to retain possession of property owned by another until a debt is paid or an obligation is met. Liens are commonly used in property or goods disputes.

Literal Rule: A principle of statutory interpretation where the courts interpret the words of a statute in their ordinary and plain meaning, without considering the broader purpose or intent behind the law.

Litigation: The process of taking legal action or resolving disputes through the courts. Litigation can involve civil or criminal cases and typically includes filing lawsuits, presenting evidence, and receiving judgments.

Locus in Quo: A Latin term meaning "the place where the event occurred". It is often used in legal contexts to describe the location of an incident or the subject of a dispute.

Long Vacation: The period when courts are in recess, typically from August to September in the UK. During the long vacation, most legal proceedings are suspended, except for urgent matters.

Lord Chancellor: A senior position in the UK government responsible for overseeing the judiciary, courts, and legal systems. The Lord Chancellor also has a constitutional role in safeguarding the independence of the judiciary.

Lord Chief Justice: The most senior judge in England and Wales, responsible for overseeing the judiciary and the administration of justice. The Lord Chief Justice presides over the courts and represents the judiciary to Parliament.

Lord Justice of Appeal: A judge serving in the Court of Appeal, which is the second-highest court in the UK. These judges hear appeals from lower courts in both civil and criminal cases.

Lord of Appeal in Ordinary: Refers to the judges who served as members of the House of Lords when it acted as the highest court of appeal in the UK before the creation of the Supreme Court in 2009.

Lords Spiritual: Senior bishops in the Church of England who sit in the House of Lords. Their role is to represent the Church and contribute to debates, especially on ethical and moral issues.

Lords Temporal: Members of the House of Lords who are not clergy. This group includes life peers, hereditary peers, and law lords, who participate in the legislative process.

M

Magic Circle Law Firms: Refers to the five leading commercial law firms in the UK, known for their international reach and high-profile legal work. These firms are Allen & Overy, Clifford Chance, Freshfields Bruckhaus Deringer, Linklaters, and Slaughter and May.

Magistrates' Court: A lower court in the UK that handles less serious criminal cases, such as traffic offences, minor assaults, and preliminary hearings for more serious crimes. Magistrates' courts also deal with civil matters, including family disputes.

Master: A judicial officer who assists in managing court cases and making procedural decisions in civil matters. Masters are commonly found in the High Court, where they handle preliminary and interlocutory issues.

Master of the Rolls: The head of the civil division of the Court of Appeal in England and Wales, responsible for hearing appeals in civil cases and overseeing the development of civil law.

Margin of Appreciation: A doctrine used by international courts, particularly the European Court of Human Rights, to give states flexibility in how they implement their obligations under human rights law, recognising cultural, historical, and legal differences.

Mediation: A form of alternative dispute resolution in which an independent mediator helps disputing parties reach a mutually acceptable agreement, without imposing a decision on them.

Mens Rea: A Latin term meaning "guilty mind", it refers to the mental element or intent required to commit a crime. It is a key component of criminal liability, alongside actus reus (the physical act of the crime).

Mischief Rule: A principle of statutory interpretation where judges seek to determine the "mischief" or problem the law was intended to address, interpreting the statute in a way that remedies the issue.

Mitigation: In legal terms, mitigation refers to efforts to reduce the severity of a sentence or penalty by presenting evidence of extenuating circumstances or good behaviour. In civil cases, mitigation of loss refers to steps taken to reduce the damages caused by a breach of contract or tort.

Mortgagee: The lender in a mortgage agreement, typically a bank or financial institution, that provides a loan to a borrower (the mortgagor) for the purchase of property, secured by the property itself.

Mortgagor: The borrower in a mortgage agreement who pledges property as security for a loan. The mortgagor agrees to repay the loan, with interest, to the mortgagee.

N

Negotiation: A process by which parties to a dispute or transaction communicate directly to reach a mutually acceptable agreement, without the need for court intervention or third-party assistance.

Nemo Agit In Se Ipsum: A Latin maxim meaning "no one acts against themselves", which reflects the principle that a person cannot be both a claimant and a defendant in the same legal action.

Nemo Dat Quod Non Habet: A Latin legal maxim meaning "no one can give what they do not have". It refers to the principle that a person cannot transfer a better title to property than they themselves possess.

Nemo Debet Judex Esse In Propria Causa Sua: A Latin maxim meaning "no one should be a judge in their own case", which reflects the principle of judicial impartiality, ensuring fairness and the absence of bias in legal proceedings.

No Case to Answer: A legal submission made by the defence in a criminal trial, arguing that the prosecution has not presented sufficient evidence to prove the case, and therefore, the defendant should be acquitted without presenting a defence.

Non Est Factum: A legal defence meaning "it is not my deed". It can be used when a person signs a contract or document under a fundamental misunderstanding, rendering the contract void if successful.

Noscitur A Sociis: A Latin maxim meaning "a word is known by the company it keeps". It refers to the principle of statutory interpretation that the meaning of a word or phrase can be understood in context with the surrounding words.

Notary Public: A legal professional authorised to witness the signing of documents, administer oaths, and certify legal documents. Notaries are commonly involved in international transactions and agreements.

O

Oath: A solemn promise or declaration, often made in a legal context, in which a person swears to tell the truth or fulfill a duty. Oaths are typically made on a religious text, but secular affirmations can also be used.

Obiter Dictum: A Latin term meaning "said in passing". It refers to a judge's incidental remarks or observations made during a judgment, which are not binding as legal precedent but may be persuasive in future cases.

Official Solicitor: A public official in the UK who acts on behalf of individuals who are unable to represent themselves in legal proceedings, such as minors or those who lack mental capacity.

Onus Probandi: A Latin term meaning "the burden of proof". It refers to the obligation of a party in a legal case to prove the facts in dispute, typically resting with the party bringing the claim or accusation.

Open Justice: The principle that legal proceedings should be open to the public and media to ensure transparency, fairness, and accountability in the judicial system.

Order: A formal direction or ruling given by a court, which can require a party to do something or refrain from doing something. Orders can include judgments, injunctions, or procedural directives.

OSCOLA: The Oxford University Standard for the Citation of Legal Authorities. It is the widely accepted method for citing legal materials, particularly in academic writing, within the UK.

Overruled: A decision by a higher court to reverse or nullify the legal reasoning or ruling of a lower court in a previous case. When a decision is overruled, it is no longer considered good law.

P

Pari Passu: A Latin term meaning "equal footing". In legal and financial contexts, it refers to the equal treatment of creditors or claimants in the distribution of assets, with no preference given to any party.

Parol: Refers to oral agreements or statements made verbally, as opposed to those written in a formal document. Parol evidence can sometimes be used to clarify written contracts.

Parliament: The supreme legislative body in a country, such as the UK, responsible for making and passing laws. In the UK, Parliament consists of the House of Commons, the House of Lords, and the monarch.

Parliamentary Sovereignty: A constitutional principle that Parliament has the ultimate legal authority to make or repeal any law, and no court can overrule its legislation. This principle is a cornerstone of the UK legal system.

Participation: The right of individuals or parties to be actively involved in legal proceedings or decision-making processes, ensuring their views and interests are considered.

Per Curiam: A Latin term meaning "by the court". It refers to a decision made collectively by the judges of a court, rather than by a single judge, and is usually issued without a named author.

Per Incuriam: A Latin term meaning "through lack of care". It refers to a decision made without paying attention to relevant statutory provision or precedents.

Personal Application: A legal proceeding or application made by an individual in person, rather than through a legal representative or solicitor.

Plaintiff: The party who initiates a lawsuit in a civil case, seeking a legal remedy such as damages or an injunction. In the UK, the term "claimant" is now used instead of "plaintiff".

Precedent: A legal principle established by a previous court decision that serves as a rule or guide for future cases with similar facts or legal issues. Precedents ensure consistency in the application of the law.

President of the Family Division: The head of the Family Division of the High Court in England and Wales, responsible for overseeing family law cases, including divorce, child custody, and probate matters.

President of the King's Bench Division: The senior judge in charge of the King's Bench Division of the High Court, overseeing cases related to civil disputes, including torts, contracts, and administrative law.

Primary Sources of Law: The original and authoritative sources of legal rules, such as statutes, case law (judicial decisions), and constitutions. These sources form the basis of legal systems and decision-making.

Privilege Against Self-Incrimination: A legal right that protects individuals from being forced to provide evidence or testimony that could incriminate themselves. In many jurisdictions, this is a key protection in criminal law.

Probate: The legal process of validating a will and administering the estate of a deceased person. Probate involves distributing the deceased's assets to beneficiaries and paying off any debts.

Procedural Integrity: The principle that legal proceedings must follow proper procedures and rules, ensuring fairness, consistency, and due process for all parties involved.

Proportionality: A legal principle requiring that actions or decisions, especially those taken by public authorities, must be reasonable and proportionate to the aim they seek to achieve. This principle is often used in human rights and constitutional law.

Prosecution: The legal process of charging someone with a crime and conducting the case against them in court. In criminal cases, the prosecution represents the state or the government.

Puisne Judge: A term used to describe judges of the High Court who are not heads of division. These judges have the same authority as other High Court judges but do not hold leadership positions.

Purposive Rule: A principle of statutory interpretation that encourages judges to interpret legislation in line with the intended purpose or objective of the law, rather than sticking strictly to the literal meaning of the words.

Q

Quash: A legal term meaning to annul or void a decision, judgment, or order. When a court quashes a decision, it declares that the previous decision was made incorrectly or unlawfully.

Quasi: A Latin term meaning "as if" or "almost". It is used to describe things that resemble something else in certain aspects but are not exactly the same, such as "quasi-judicial" bodies that act like courts but are not courts.

Quantum: A Latin term meaning "amount". In legal contexts, it usually refers to the amount of damages or compensation awarded by a court in a civil case.

Queen's Bench Division: A division of the High Court in England and Wales that deals primarily with civil law cases, including personal injury, breach of contract, and defamation. It also hears some criminal appeals. When the monarch is a king, the name will be changed to the King's Bench Division.

Queen's Counsel: A senior barrister or solicitor appointed as a Queen's Counsel for their expertise and experience in advocacy. Queen's Counsels handle more complex and high-profile cases and are recognised for their excellence in the legal profession. When the monarch is a king, the term will be changed to King's Counsel.

R

Ratio Decidendi: A Latin term meaning "the reason for the decision". It refers to the legal principle or rule of law on which a court's decision is based. The ratio decidendi is binding in future cases as precedent.

Recorder: A part-time judge in the UK who typically sits in the Crown Court or County Court. Recorders are usually experienced barristers or solicitors who work as judges on a temporary or part-time basis.

Res Ipsa Loquitur: A Latin phrase meaning "the thing speaks for itself". It refers to a legal doctrine used in tort cases where the nature of the accident implies negligence because such an event would not normally occur without someone being at fault.

Res Judicata: A Latin term meaning "a matter already judged". It refers to the principle that once a legal case has been decided by a competent court, the same parties cannot litigate the same issue again.

Respondent: The party who responds to a legal action or appeal. In an appeal case, the respondent is the party who won the original case and must respond to the appellant's arguments.

Retained EU Law: Refers to EU laws that were incorporated into UK law after Brexit. These laws continue to apply in the UK unless they are explicitly repealed or amended by UK legislation.

Reversed: A legal term meaning that a higher court overturns the decision of a lower court. When a case is reversed, the original ruling is invalidated, and a new decision is made.

Right to a Fair Trial: A fundamental human right ensuring that individuals receive a fair, impartial, and timely hearing by an independent and unbiased court. It is protected by various international treaties, including the European Convention on Human Rights.

Right of Audience: The legal right of a lawyer to appear and speak on behalf of a client in court. Barristers and some solicitors have the right of audience in higher courts, while solicitors generally have the right of audience in lower courts.

Rule of Law: A principle that ensures all individuals and institutions are subject to and accountable under the law, applied fairly and equally. It upholds justice and prevents arbitrary governance.

S

Secondary Sources of Law: Materials that explain, analyse, or comment on the law, such as legal textbooks, academic articles, and legal commentaries. They are not legally binding but can be persuasive in interpreting primary sources of law.

Senior Counsel: Senior Counsel is a title given to experienced and highly respected barristers in some common law jurisdictions, similar to King’s Counsel. They provide expert legal representation and are often selected for their exceptional skills and knowledge.

Senior Courts: The highest courts in the UK, including the Court of Appeal, the High Court, and the Crown Court. These courts handle more serious or complex cases and appeals from lower courts.

Separation of Powers: A constitutional principle dividing government responsibilities into three branches: the executive, legislative, and judicial. This ensures that no single branch holds excessive power, maintaining a system of checks and balances.

Silk: An informal term for a King's Counsel, a senior barrister or advocate who has been appointed based on their expertise and experience. The term comes from the silk robes worn by King's Counsel.

Solicitor: A legal professional in the UK who provides legal advice, prepares legal documents, and represents clients in lower courts. Solicitors often instruct barristers for court representation in higher courts.

Statutory Instrument: A form of delegated or secondary legislation made by an individual or body under powers given by an Act of Parliament. Statutory instruments allow laws to be updated or detailed without passing a new Act.

Statutory Interpretation: The process by which courts interpret and apply legislation. Judges seek to determine the meaning of statutory words and phrases, using rules like the literal, golden, or purposive rule.

Stevedore: A person or company engaged in loading and unloading cargo from ships. In legal contexts, disputes may arise regarding stevedores' rights, responsibilities, and liabilities in shipping contracts.

Stipendiary Magistrate: A former term for a full-time, paid magistrate in the UK who had the same powers as lay magistrates. Now referred to as district judges (magistrates' courts).

Sub Judice: A legal principle meaning that a case is under judicial consideration and, therefore, should not be publicly discussed or commented on to avoid prejudicing the proceedings.

Subpoena: A legal document ordering an individual to attend court as a witness or to produce documents. Failure to comply with a subpoena can result in penalties, including contempt of court.

Sui Generis: A Latin term meaning "of its own kind". It refers to something unique or in a class of its own, often used in legal contexts to describe certain legal categories, such as sui generis land use.

Summary Judgment: A judgment entered by a court for one party without a full trial, typically when the court decides there are no genuine issues of material fact and one party is entitled to judgment as a matter of law.

Summary Offence: A minor criminal offence that is typically tried in a magistrates' court without a jury. Examples include traffic violations and public order offences.

Summing-Up: A judge's final address to the jury at the end of a trial, reviewing the evidence and legal issues and providing directions on how to apply the law to the facts of the case.

Supreme Court: The highest court in the UK, which hears appeals on important legal issues. It replaced the House of Lords as the final court of appeal in 2009.

Supreme Court of Judicature: A term historically used to describe the structure of the senior courts in England and Wales, including the High Court and the Court of Appeal.

T

Testator: A person who has made a valid will that outlines how their property and assets should be distributed after their death.

Tort: A tort is a civil wrong that causes harm, loss, or injury to another person, for which the wrongdoer (the tortfeasor) may be held legally liable. Common examples include negligence, defamation, and trespass.

Trust: A trust is a legal arrangement in which one party (the trustee) holds property or assets for the benefit of another party (the beneficiary). Trusts are commonly used for managing and protecting assets, particularly in estate planning or charitable giving.

Trustee: A trustee is an individual or organization responsible for managing and administering the assets placed in a trust, in accordance with the terms set by the person who created the trust (the settlor), for the benefit of the beneficiaries.

Trespass: Trespass refers to the unlawful entry or interference with someone else's land or property without their permission. This can include both physical trespass and actions that infringe on property rights.

Tribunal: A tribunal is a specialised body that adjudicates disputes, often in administrative or regulatory areas such as employment, immigration, or human rights. Tribunals are usually less formal than courts but still provide legally binding decisions.

Title: Title refers to the legal ownership of property or the rights that come with owning property, particularly real estate. A clear title confirms the rightful owner and the absence of any legal disputes over the property.

U

UK Constitution: The set of laws and principles that governs the United Kingdom. Unlike many countries, the UK does not have a single written constitution but relies on statutes, conventions, judicial decisions, and legal doctrines.

Ultra Vires: A Latin term meaning "beyond the powers". It refers to actions taken by a person or body that exceed their legal authority. Acts deemed ultra vires are void and unenforceable.

V

Verdict: The decision made by a jury or judge at the end of a trial, determining whether the defendant is guilty or not guilty in criminal cases or liable or not liable in civil cases.

Vice-Chancellor: The head of the Chancery Division of the High Court in England and Wales, responsible for overseeing cases related to trusts, probate, land law, and company law.

Volenti Non Fit Injuria: A Latin legal maxim meaning "to a willing person, no injury is done". It refers to the principle that a person who voluntarily assumes a risk cannot claim damages for any harm resulting from that risk.

W

Will: A legal document in which a person expresses their wishes for the distribution of their property and assets after death. It can also specify guardianship for minors and funeral arrangements.

Witness: A person who gives testimony in a legal proceeding based on their knowledge of the facts. Witnesses may provide evidence in civil or criminal trials and are subject to cross-examination.

Y

Young Offender: A minor or juvenile who has been convicted or is accused of committing a crime, typically under the age of 18 in many jurisdictions.

Youth Courts: A type of magistrates' court in the UK that deals with criminal cases involving young people aged 10 to 17. Youth courts are less formal than adult courts and focus on rehabilitation rather than punishment.

Z

Zoning Laws: Local regulations that govern how property in specific geographic areas can be used, such as for residential, commercial, or industrial purposes.