Legal English

someone charged with a crime the defendant in a criminal proceeding

accused

case brought in court, seeking damages for a tort

action in tort

criminal deed or act - compare to mens rea, which means the criminal intent

actus reus

to act as a judge in a dispute; to make a formal decision about something

adjudicate

body of law, such as rules, regulations, orders and decisions, created by and related to administrative agencies

administrative law

law regarding the relationship where one person /the agent/ acts and is authorised to act for another /the principal/

agency law

written agreement between states or nations governed by international laws

agreement /international/

form or method or resolving disputes apart from litigation

alternative dispute resolution /ADR/

impartial person given power to decide a dispute

arbiter

collective body of arbitrators or arbiters

arbitral tribunal

form of dispute resolution /an alternative to litigation through the court system/ in which disputes are heard and decided by an impartial arbitrator or arbitrators, chosen by the parties to the dispute

arbitration

impartial person having power to decide a dispute

arbitrator

/UK/ document that defines a company's internal organisation /US - bylaws/

articles of association

intentional attempt or threat to injure another person that causes them to reasonably expect to be harmed

assault

person who receives an assignment

assignee

transfer of one's contractual rights to a third party

assignment

person who transfers his/her rights or duties to another

assignor

lawyer

attorney

where proof of liability must be shown to be more likely than not

balance of probabilities

law regarding a legal procedure for the settling of debts of individuals or businesses unable to pay what they owe; all their property is surrendered to a court-appointed official who liquidates the property to pay the claims of creditors

bankruptcy law

/UK/ lawyer admitted to plead at the bar and in superior courts; a member of one of the Inns of Court

barrister

group of individuals elected by shareholders to make the major decisions of the company

board of directors

organisation or entity /active inernationally/

body /international/

failure to perform a contractual obligation or inference with another party's performance which incurs a right for the other party to claim damages

breach of contract

party violating the terms of the contract

breaching party

requirement of presenting enough evidence to support a claim

burden of proof

unlawful entering of a building with the intent to commit a crime

burglary

legally recognised organisational structure designed to provide and sell goods and services; basically, three separate categories of entites exist: sole proprietorships, partnerships, limited liability companies /US - corporations/

business entity

field concerned with the legal relationships between the shipper /or owner/ of goods, the carrier, and the receiver/consignee of goods

carriage of goods

document issued by a governmental authority granting a company status of a legal entity

certificate of incorporation

to make a formal accusation of a crime

charge

international agreement granting certain rights to an international body by the signatory nations of such agreement

charter /international/

personal property /excluding freeholds/

chattels

any case concerned with non-criminal matters, rights and remedies

civil cases

set of laws in written formulation used in civil-law systems developed from Roman law and used in many European countries

civil code /civil law/

1. legal system developed from Roman codified law, established by a state for its regulation; 2. area of the law concerned with non-criminal matters, rights and remedies

civil law

injury or damage that is not the result of a crime

civil wrong

person who brings civil action

/UK/ - claimant; /US/ - plaintiff

paragraph or section of a contract

clause

body of law governing the relations between persons engaged in business

commercial law

dealing and acts or carrying out of commercial functions including procedures of creation, transformation, agreements and exchanges, in conducting and negotiationg business and econominc activities

commercial transactions

body of law formed through judicial/court decisions, as opposed to law formed through statutes or written legislation /also case law, judge-made law/

common law

alternative to prison, a criminal entence that requires the offender to do unpaid work in the community

community service order

/UK/ institution created to conduct business, usually an association of persons /US - corporation/; it exists as a separate legal entity from the owners /who are called shareholders/; in common usage, it is sometimes used just to refer to a business

company

process of registering a company; companies can be created by individuals, agents, attorneys or accountants; the majority of companies formed in the UK and the USA today are formed electronically

company formation

body of law related to forming, registering, governing and dissolving companies

company law

study of the differences, similiarities and interrelationships between different legal systems

comparative law

payment for performance of work or for loss sustained

compensation

as a result of a lawsuit, the award of an amount of money to the injured party in an amount equivalent to the financial value of his injury

compensatory damages

body of law that regulates business activities and markets, especially agreements and practices that limit competition

/UK - competition law/ /US - antitrust law/

something of vaule given by one party to another in order to induce the other to contract; in common law, consideration is a necessary element for an enforceable contract

consideration

documents which define the existence of a legal entity and regulate the structure and control of the entity and its members; the exact form of the constitutional documents depends upon the type of entity

constitutional documents

body of law which includes legislation based on the constitution, that is the fundamental law of a nation, as well as judicial decisions which interpret and apply the constitution

constitutional law

struggle of effort, causing, involving, or characterised by argument or controversy peraining to causes between opposing parties; it commonly involves the consequences of breach of contract and also maybe be known as litigation

contentious work

written agreement between states of nations governed by international laws, e.g. the Bern Convention with respect to the protection of copyrights

convention /international/

transfer of property rights in land from one person to another; instrument used to transfer title to property

conveyance

finding of guilt in a criminal case

conviction

punishment inflicted on the body, such as whipping

corporal punishment

lawyer representing a party in a legal matter, any person conducting a matter in court

counsel

new offer with new terms made as a reply to an offer received

counter-offer

place where cases are heard and justice administered; the judges and all other officers and jury are also referred to as the court

court

person or company who is owed a financial obligation

creditor

a violation of public law which is subject to punishment such as imprisonment or fine

crime

area of law that deals with crime, punishment or penalties /also penal law/

criminal law

long-established practice recognised as having the force of law

custom

international law that has not been made manifest or ratified, but is based primarily on natural law and is recognised by the International Court of Justice and the member nations of UN

customary international law

group of nations or tariff areas created to remove customs barriers between them and to agree to a common tariff policy in realtion to non-member nations

customs union

money awarded by a court in compensation for loss or injury

damages

law in regards to financial obligations and legal interactions where one party is unable to pay a monetary debt to another; it may include insolvency, bankruptcy, foreclosures and repossessions

debtor and creditor law

a written instrument transferring ownership in property

deed

person against whom an action is brought in court

defendant /also respondent/

period before trial when formal procedures are used to obtain relevant information from the other party/parties

discovery phase

disposing of, parting with or otherwise giving up of property; transferring care or possession

disposition

conflict or disagreement

dispute

settling of a dispute

dispute resolution

persons including companies or agencies involved in disagreement

disputing parties

body of law governing the relationship between employers and employees, including the right to organise in unions

employment law

to make effective; in the case of an agreement, it is where one party legally compels performance by the other party

enforce

legally compelling performance by the other party

enforcement

carrying out of judicial mandates, usually orders

enforcement of judgements

legal principles applied to achieve fairness where the strict rules of law would be too harsh

equity and trusts

provisions required for a contract to exist

essential terms

estate granted only for the life of someone other than the grantee

estate pur autre vie

sole use and benefit of a property

exclusive possession

death penalty, capital punishment

execution

body of law related to family relationships especially divorce

family law

whole interest in a piece of real property; the broadest interest in property allowed by common law

fee simple

estate which lasts as long as the original grantee or any of his descendants live

fee tail

grave crime punishable by a harsher sentence than misdemeanour, which is a less serious crime

felony

to deliver a document to the custody or records of a court or proper authorities for the purpose of being kept as a matter of record and reference

file

act of bringing a contract into existence

formation

international agreement that provides astandards and guidelines for signatory nations to implement on a national level, e.g. the UN Framework Convention on Climate Change

framework convention

the act of misleading someone so as to entice them to enter into an agreement

fraudulent misrepresentation /fraud in the inducement/

property whose duration of ownership or occupation is not determined

freehold estate

a dispute in court that has little chance of success as it lacks merit in law and/or fact

frivolous litigation

a financial loss which can be reasonably expected to occur in the future

future expected losses

the process of moving towards a more interconnected world

globalisation

department, authority, administration of government created by legislation

government agency

party who receives title to real property /e.g. the buyer/

grantee

party who transfers /grants/ title to real property /e.g. the seller/

grantor

amount of proof needed to convict a defendant of a crime

guilty beyond a reasonable doubt

process of nations adopting laws which are similar to or the same as other nations

harmonisation /unification/

formal proceeding before any body having decision-making powers or authority

hearing

person who inherits or is entitled to inherit property on the death of another

heir

body of law relating to the rights of tenants and homeowners, and the financing of housing

housing law

third party appointed to decide a dispute

impartial referee

being confined in jail or prison

imprisonment /also incarceration/

property which can be transferred upon death to a person designated as heir

inheritable

official order from a court for a person to do or stop doing something

injunction

person whose legally protected interests have been harmed

injured party

use of confidential, price-sensitive information when trading in stocks and other securities

insider dealing /US - insider trading/

written formal legal document

instrument

law of property that protects legal rights associated with products of the mind, creativity or thought like copyrights, patents and trademarks

intellectual property law

non-criminal, non-contractual injury in which the person who caused it intended to cause injury

intentional tort

tort of intentionally causing a breach of a valid contract

interference in contractual relations

international institutions established by governments as opposed to organisations established privately and acting internationally

intergovernmental organisations

arbitration of disputes between parties to international commercial contracts

international arbitration

public official who hears and decides cases in court

judge

territory or district in which a court has authority to hear cases

jurisdiction

science or philosophy of law, study of legal systems and a collective term used for the body of case law

jurisprudence

group of people selected to come to a verdict on questions of fact based on evidence presented in court

jury

body of law relating to the ownership of real estate, that is land and the buildings on it

land law

includes both contract and property law, and governs the commercial and residential property rights and obligations of an owner and renter of a real property interestfor a given period of time, usually determined by lease

landlord and tenant law

person who owns property and either rents it or leases it to another for money

landlord or landlady

facility offering free or discounted legal assistance, often run by law students under supervision of lawyers

law clinic

company formed by lawyers to engage in the practice of law

law firm /also law practice/

action or proceeding brought in court

lawsuit /also suit/

contract for which the use and occupation of a property is conveyed to another, usually in exchange for a sum of money /rent/

lease

property whose duration of ownership or occupation is fixed or capable of being fixed

leasehold

advice and representation in legal matters

legal assistance

broad system of rules on which to make decisions

legal framework

artificial entity created by law and given legal rights and duties, for example a corporation

legal person

selected body of people, usually elected, invested with the responsibility and power to make and repeal laws for a political unit, such as a state or nation

legislature

legal responsibility

liability

to be legally responsible

liable

a right to use property for a purpose without conferring ownership or possession; such right can be taken away at the will of the one granting the right

licence /US - license/

person to whom the right to use property for a particular purpose is granted

licensee

estate granted only for the life of the grantee

life estate

limitation of an owner/investor's financial losses or responsibility, usually limited to the value of person's investment in a company or partnership with limited liability

limited liability

dispute brought before a court for determination or solution

litigation

to lose one's ability to make a living

loss of earnings capacity

method of resolving disputes where the parties are actively involved in the decision-making process

mediation

legal document that sets out the important elements of the corporation, including its name, address, objects and powers; it is one of the two fundamental documents upon which registration of a company is based

memorandum of association /US - articles of incorporation/

criminal intent - compare to actus reus, the criminal act)

mens rea

institution which deals with the supply of credit information about business organisations to other businesses and financial institutions

mercantile agency

petty offence, a crime less serious than a felony

misdemeanour /US - misdemeanor/

statement that is false, misleading or contains a mistake

misstatement

privilege granted by the government /e.g. patent/ to a person or entity to exclude all others from using, producing or selling a certain invention

monopoly right

transfer of legal title of a property, often land, to another as security for payment of a debt

mortgage/s/

independent state in which the majority of the citizens share the same cultural heritage and, particulary, the same language

nation state

failure to be as careful as the law demands

negligence

unintended injury caused by lack of care or failure to act, in contrast to an intentional tort

negligent tort

written and signed documents which represent an intangible right of payment for a specified sum of money on demand or at a defined time; some examples are bills of exchange, promissory notes, bank cheques or certificates of deposit

negotiable instruments /US - commercial paper/

process in which parties who are considering forming a contract discuss and settle on the terms and conditions of the contract

negotiation

party to a contract who has suffered a breach by the breaching party

non-breaching party

work that largely involves advising clients and is not between contending parties, such as the drafting of contracts

non-contentious work

commonly accepted standard of behaviour or manner of doing things

norm

court's finding acquittal, finding that the defendant is legally blameless

not guilty

duties that a party has as a result of the terms and conditions of the contract

obligations

crime

offence /US - offense/

person who commits a crime

offender

unwritten, binding agreement

oral contract

direction or command by an authorised person or body

order

like framework convention, but used generally in the EU context

outline convention

physical, mental and emotional distress or trauma for which compensation is given in a tort case

pain and suffering

early release from prison after serving part of the sentence, usually under supervision and upon certain conditions

parole

business organisation in which two or more people agree to do business together, sharing the profits and losses of the business together

partnership

person taking part in a business or transaction, person involved in a suit or dispute resolution proceedings

party

grant from the government giving exclusive rights to an inventor to make, use or sell an invention for a specified period of time

patent

things that are movable /as opposed to real property/ and capable of being owned

personal property /also chattels in common law/

sometimes called an artificial person or legal entity/person; it is legal fiction of identity in law which allows natural persons to act as if they were a single composite individual for certain purposes such as creating a business entity or structure

personality

stealing something of low value /in some jurisdictions less than $400/, in contrast to grand theft where the value of the stolen goods is greater

petty theft

formal written statements setting out the cause of action or defence in case

pleadings

standard of proof in civil cases requiring that one side's case must be more probable than not

preponderance of the evidence

work carried out before the matter proceeds to trial before a court

pre-trial works

body of law dealing with disputes between private persons living in different jurisdictions and governing such things as applicable law, jurisdictions and enforcement of judgements

private international law /also conflict of laws/

body of law that is concerned with the aspects of relationships between individuals that are of no direct concern to the state and in which the government is not directly concerned; it includes the law of property and of trusts, family law, etc.

private law

sentence which allows the convicted offender to be released into the community under supervision instead of going to prison

probation

formal process including the steps taken in action or dispute

proceedings

share, claim, title or right in property

property interest

to prohibit

proscribe

bringing a criminal case before a court

prosecution

lawyer who brings criminal cases on behalf of the state

prosecutor

performing a sexual act in exchange for money

prostitution

body of laws governing relationships between states or nations

public international law

body of law that deals with the relationship between the state and individuals; examples may include constitutional law, criminal law, tax law and administrative law

public law

behaviour that is criminalised because it is not compatible with society's shared values; there is usually no direct victim but the community, as a whole, suffers; e.g. drug crimes, public drunkenness and gambling

public-order crime

business structure which is permitted to offer its shares for sale to the general public and traded on a public stock exchange

publicly listed company

compensation designed to punish the breaching party for conduct found to be reprehensible; e.g. fraud

punitive damages /also exemplary damages/

unlawful sexual intercourse commited by force or threat or otherwise without consent

rape

to adopt, approve and sanction; to make valid; to establish; to settle to affirm by express or implied consent to something done by an agent or servant; as, to ratify an agreement, treaty or contract; to ratify a nomination

ratify

land and anything attached to it

real estate

land, including anything attached to it

real property

law associated with the obligations, use and rights of ownership of land or whatever is growing on it or built on it

real property law

cost of medical care for injuries caused by a tort for which compensation is given in a tort case

reasonable medical expenses

act of regulating by a rule of conduct or order usually issued by a government agency or established authority having the force of law

regulation

official responsible for the control and supervision of a particular activity or area of public interest, who ensures compliance with laws and established rules and regulations

regulator

actions by a party showing that he or she expected another party to act in a certain way

reliance

granting of a remedy by a court /e.g. damages, injunciton, return of property etc./

relief

systems of legal rules based on realigious teachings

religious /or theological/ legal systems

to enforce a right, cure a wrong or compensate an injury

remedy

payment made to a landlord or landlady for the use of property

rent

right to specific use of property that is less than a full right of ownership

right of use

interests that are recognised and protected by law

rights

loans or credit transactions in which the lender acquires a security interest in certain property owned by the borrower and has the right to repossess the property if the borrower cannot pay

secured transactions

investment instruments like stocks or bonds

securities

to impose a certain punishment

sentence /to/

1. agreement reached between the parties to a dispute resolving the dispute; 2. the amount granted or paid under such an agreement

settlement

owners of a share of a company/corporation through a proportionate ownership interest of stock or equity

shareholders

those who invest money in a business entity and receive shares in return representing a proportional ownership

shareholding members

used to refer to the system of legal rules used in socialist countries

socialist law /also Soviet law/

lawyer who practises on his/her own

sole practicioner

single person who earns all the profits and is personally liable for all the debts or losses of the business structure

sole proprietor

/UK/ lawyer who is qulified to give legal advice and prepare legal documents

solicitor

when a court orders the breaching party to perform its part of a contract

specific performance

amount of evidence needed in a certain type of case, for example in criminal case it is proof beyond a reasonable doubt, in civil cases it is a preponderance of the evidence

standard of proof

piece of legislation which declares that certain kinds of contract, for example those regarding land, pending marriage and the sale of goods worth over a certain amount of money, will be invalid unless put into writing and signed by both parties;

Statute of Frauds (enacted in England in 1677, serves as a basis for the US statutes)

standardised documents of basic corporate constitution requirements, which a company may adopt in the creation of a company

statutory forms /statute/

crime that does not require intent to break the law; among these crimes are parking violations and acts that endanger public welfare, like dumping of toxic wastes

strict liability crime

where liability is imposed for damages caused regardless of fault or intent; that means the victim does not need to prove negligence; it is common in cases regarding defectively manufactured products

strict liability tort

body of law defining rights, duties and obligations and all matters that are not procedural

substantive law

to start civil proceedings in a court

sue /for/

international law dealing with the constraint on the rights of states or nations in relation to each other

supranational law

law regulating rates or sums of money which may be assessed on personal and business income, real property vaules, and commercial transactions paid for the financial support of a government

tax law

person who has a right to hold or possess property usually in return for the payment of rent

tenant

person who is not party to an agreement or an action but who may have an interest in it

third party /third-party beneficiary/

right to control or dispense of property or the right to ownership in property

title interest

any wrongdoing that results in an injury, other than breach of contract for which the court will give damages

tort

person who commits a tort

tortfeasor

wrongful acts in the nature of a tort

tortious conduct

treaty or enforceable arrangement between two nations or multi-nations committing them to specified terms of commerce, usually involving mutually beneficial concessions including eliminating trade barriers

trade agreement

unlawful invasion of the person, property or rights of another

trespass

legal examination in court of a dispute between parties

trial

acts by businesses against consumers which are misleading or fraudulent

unfair business practices

law which has become the same or similar in different nations

uniform law

injured party or the person was the object of a crime or tort

victim

non-violent offences usually committed by business people or government officials, typically property crimes and economic crimes; also includes bribery, environmental law violations and money laundering, among many others

white-collar crime /business/corporate crime/