abandoned property
property no longer in the possession of its owner, who does not plan to collect or use it again
abandonment
the act of giving up something voluntarily, such as a property right or a proposed course of action, with the intention of not reclaiming it (=asking for it to be returned)
abnormally dangerous activity
a job or activity that carries with it a significant risk of harm, even if reasonable care is used (eg the handling of toxic waste, dynamiting etc)
above suspicion
if you are above suspicion then you do nothing to make people think that you have acted wrongfully or improperly
abstention
a formal decision not to vote either for or against something in an election or meeting
abuse of a dominant position
when a business uses illegal means to take advantage of its market power. In the EU, abuse of a dominant position means any infringement of Article 82 of the EC Treaty.
acceleration
a lender's demand for repayment of all money outstanding on the loan before maturity, usually on the grounds of default
accidental
happening unexpectedly, by chance, and without intent (=not deliberately)
accomplice
someone who helps another person to commit a wrongful or illegal act, such as a crime
accord and satisfaction
an agreement to accept an alternative form of payment for a debt, and for that debt to then be discharged (=ended following payment)
accordingly
in a way that is appropriate (=suitable, right or correct) for the situation; in a way that results from a particular situation
account number
a unique number given by a financial or other institution (especially a bank or credit card company) to a customer
accountable
expected to be responsible for your actions and their effects and to be willing to explain them or to be criticised for them
accountancy
the job of being an accountant (=someone whose job is to prepare financial records for a person, company or other organisation)
accounting reference date
the date on which the financial year of a company ends, and to which the accounts are made up
accounts receivable
money owed to a company for products and/or services bought on credit
accounts receivable financing
the selling of outstanding invoices at a discount to generate capital for a business
accrued interest
the amount of interest due to a lender which has been earned on the loan but not yet paid
acquis communautaire
the body of all EU law that must be adopted by new Member States
acquisition
the act of gaining possession of something; the purchase (=buying) of an asset; the purchase of one company by another company
act of God
extreme weather conditions and natural disasters (eg lightning, flooding and volcanic activity etc) that interrupts the expected course of events
act on behalf
to represent or be employed by someone to deal with a particular matter
acte clair
(EU Law) the idea that there is no need to refer a point of law, which is reasonably clear and free from doubt, to the European Court of Justice
acte clair
a French term, often used in EU law, meaning that a legal question is clear, or that the correct application of the law is so obvious, that there can be no doubt about it; where the answer to a legal question can be deduced from case law
acte eclaire
(EU LAW) a French term used to describe a situation where either a provision has already been interpreted by the ECJ (European Court of Justice) or the ECJ have already ruled on an identical question
action to collect
legal proceedings to force a debtor to pay an outstanding debt
actionable
if someone's act (=something that they have done) or omission (=something that they have not done but should have) is actionable then there are legal grounds for a lawsuit or other legal action
active trust
a trust in which the trustee (called the 'active trustee') must perform active duties, such as collecting rent and transferring proceeds to the beneficiary
actual authority
authority either expressly given to an agent by the principal, or given by the law and not denied by the principal
actual cash value
the value of an item following depreciation (=loss of value over time)
actus reus
a criminal act; the physical act involved in the commission of a crime or offence
adjudicate
to make a formal decision about something; to act as judge in a dispute
adjudication
the action of making a formal judgment or decision about a disputed matter or a problem
adjudicator
a person who makes a formal judgment or decision about a problem or disputed matter
adjusted gross income
the amount of income left after the expenses of earning that income have been deducted
adjustment of debts
a court-approved arrangement in which creditors accept lower payments or less money than they are legally due
administration
the collection and distribution of a deceased's (=dead person's) assets
administration order
command by a court appointing an administrator to take control of a company
administrative law
the body of law, including rules, regulations, orders and decisions, created by and related to government and administrative agencies
administrator
someone appointed by a court to manage the business and property of a company during administration (=efforts made to avoid a business having to close when it has run into financial difficulties)
admissibility
(PROCEDURAL LAW) the quality of being allowed to be used as evidence during a legal proceeding; the quality of being acceptable to a law court or a tribunal etc
admissible
capable of being considered or allowed to be used by a court as evidence
adversarial
an adversarial system is one where two sides disagree with, oppose and attack each other, especially in law and politics
adverse interest
an interest, claim or right that is against another interest, claim or right, especially one belonging to another person
adverse possession
a way of gaining title to real property from another by retaining possession for a period of time established by law and complying with certain conditions
advertising injury
legal harm done in the course of an advertisement (=something that is intended to persuade people to buy something), often to a competitor
advocate general
a senior law officer of a country or other jurisdiction, whose role is to advise the courts or Government on the law
affirmation
a solemn declaration given in place of an oath (=a promise that that a person will tell the truth (especially in a court of law), especially one that makes reference to God or to a holy book) by a person who objects to taking an oath for reasons of conscience
affirmative action
policies that contribute toward greater employment opportunities for minorities, women, the disabled and other groups affected by discrimination
affirmative recovery (AmE)
a court’s remedy ordering a refund of monies already paid by a consumer
aforementioned
previously mentioned, mentioned above; the one or ones mentioned previously
after-acquired
(after-acquired evidence doctrine) (US LAW) the rule that if an employer unlawfully dismisses an employee, and then later finds a lawful reason to justify the dismissal, the employee cannot sue for reinstatement
after-acquired property
property that a debtor acquires after signing a security agreement that secures the debt with all his or her property, and which becomes collateral for the debt; property that a debtor acquires after a petition for bankruptcy is filed; property that a testator (=a person who dies leaving a will) acquires after the execution of a will
age of majority
the age at which the rights and responsibilities of an adult are granted by law
agency law
the law governing the relationship where one person (the agent) acts and is authorised to act for another (the principal)
aggravating circumstances
conditions and facts connected with a crime that make it more serious or worse
aggregate principal amount
sum of the original or face value amounts, as opposed to interest or earnings thereon
agricultural law
the body of law relating to the science and practice of farming
alienation
the transfer of property, especially real property, to another person
alienation of affections (AmE)
COMMON LAW an action in tort brought by a deserted spouse (=partner in marriage) against a third party alleged to be responsible for the failure of the marriage
allegation
a statement that has not (yet) been proven to be true (and which may not be proven to be true in the future) claiming that someone has done something wrong or illegal
allocation
the giving of a share of something, especially for a particular purpose
allowed by law
if something is allowed by law then it is legal, and will not result in criminal charges or a civil suit
also known as
as known or named at another time or place, used when giving someone or something's real name followed by a different name by which they are also known
alternative dispute resolution
a way of resolving disagreements without going to court
amalgamate
if two or more organisations or things amalgamate then they join together and become one
amalgamation
a joining together of two or more organisations so that they become one
ambassador
an important official who lives in a foreign country and represents his or her own country there
ambulance chaser
(COLLOQUIAL) a lawyer who specialises in personal injury cases; a lawyer who actively seeks cases (eg at the scene of an accident or in a hospital) that may lead to a large sum of money being paid in damages or as a settlement
amicus curiae
a person or organization who is not party to the litigation at hand, but is allowed to advise the court on a point of law or fact directly concerning the lawsuit
angel investor
an individual, or sometimes a group, who provides seed or early-stage financing from his, her or their own funds to entrepreneurs or early-stage companies, typically in exchange for an equity stake
annual business plan
document prepared by management which gives a clear financial picture of the company and sets out goals and strategies for the future of the business
annual return
(UK COMPANY LAW) documents that must be filed yearly with the official government register of companies by a limited company, summarising current directorships, shareholders, company's activities and company/capital structure
antecedent
something that existed or happened before, often with a connection to something happening now
antenuptial agreement; prenuptial agreement
an agreement made before a marriage stating how shared assets will be divided in the case of divorce (=the legal ending of a marriage)
anticipatory breach
when one party to a contract tells the other side, before the date by which the contract must be performed, that the contract will not be performed .
apparent authority
authority that a reasonable person would assume that another person has eg an agent acting on behalf of a principal
appearance
an occasion when someone goes to a court, tribunal or other official meeting, usually to give information and to answer questions etc
appellate court
the court to which an appeal (=a review of the decisions of a lower court) is made and which hears the appeal
appellate review
the act of asking a higher court to review and change the decision of a lower court
applicability
the way that something affects or is related to a particular person, group, or situation
applicable
relevant to, suitable for or affecting a particular situation, thing person or group of people
apportionment
the division or sharing of assets or votes etc between several people
apprentice
someone who works for an employer for a specific period of time to learn a particular skill or job
apprenticeship
a period of time spent working as an apprentice; the job of being an apprentice (=someone who works for an employer for a specific period of time to learn a particular skill or job)
arbitral award
the decision of a panel of one or more people who officially decide how an argument between two disputing parties should be settled. It is the arbitral equivalent of a judgment in a court of law.
arbitration
the reference of a dispute to an impartial (third) person chosen by the parties who agree in advance to abide by the arbitration award issued after the hearing at which both parties have an opportunity to be heard
arbitration tribunal
a panel of one or more people who officially decide how an argument between two disputing parties should be settled
arbitrator
a neutral person either chosen by the parties to an arbitration agreement or by a court or arbitration institute to hear the parties' claims and render a decision
arraignment
the first appearance in court by a defendant during which they are formally charged and are asked to enter a plea of guilty, not guilty or no contest
arrangement
the action, process, or result of making a plan or an agreement etc
articled clerk
an apprentice in a professional firm in Commonwealth countries, especially in the accounting or legal professions
articles of association
a document outlining the rules governing a company's internal organisation
articles of incorporation
(usually) Articles of Incorporation one of the legal documents that must be prepared when a company is formed. It includes the name and address of the company, the purpose of the company and details on how many shares can be issued.
artificial insemination
the process of putting sperm into a female to make her pregnant using methods which do not involve sexual activity
as of right
if you are entitled to something as of right then you are allowed that thing by law and not because of the particular circumstances
assertable
if a right or an objection etc is assertable it may be claimed in court eg as legal argument
assessment of costs
an initial estimation of what the total fees in a case are likely to be; an evaluation of the total fees involved in a case
asset protection
legal methods and laws dealing with protecting assets of individuals and business entities from civil money judgments; a plan that protects some, most or all of your assets from liability
asset stripping
the process of buying an unsuccessful company at a low price and then selling everything it owns for profit, without thinking about the company's future
asset-backed
used to describe an investment supported by assets other than real estate
assisted reproductive technology
all treatments or procedures that involve the handling of human eggs and sperm in a laboratory for the purpose of achieving a pregnancy
association
an official organisation for people who have the same aims, share the same interests or who do the same kind of work
attachment
the action of taking temporary possession of someone's assets, especially when they may be needed for the payment of a judgment in a judicial proceeding
attachment lien
a provisional charge upon real or personal property granted by a court order
attorney in fact
a person who is authorized to perform certain acts for another person based on a power of attorney
attorney-client privilege (AmE)
the right of a lawyer to refuse to divulge (=to make something secret known) confidential information about a client
attractive nuisance (AmE)
(TORT) anything on your land that might attract children into danger or harm, such as unfenced swimming pools, trampolines and abandoned refrigerators
attributability
the degree to which something can be attributed to someone or something (=saying or believing that something is the result or work of a particular person or thing)
attributable
if something is attributable to someone or something then it is caused or explained by that person or thing
attribution
the action of saying or believing that something is the result or work of a particular person or thing
auction sale
the sale of a company or business to the highest bidder, where the seller seeks competing bids for the target company
audit report
a report by accountants for the buyer on the company's financial statements
authorisation
the act of giving someone or an official organisation official permission or approval for something
authorised shares
the maximum number of shares that a company is allowed to issue, as specified in its constitutional documents
automatic stay
the result of filing a bankruptcy petition, which stops all legal proceedings in other courts from proceeding against the debtor
automatically voidable
if an action is automatically voidable then a court, company or other official organisation can decide that it is not legally or officially acceptable, without the claimant first having to prove that he or she has suffered as a result of the action
award damages
(OF A JUDGE OR ARBITER) to order one party in a dispute to compensate another party for a loss or injury
award for damages
monetary compensation awarded by a court for a loss or injury which has been suffered