A dictionary of commonly used legal English words

As a lawyer, you must master some commonly used legal English words. I have compiled some below, hoping to give you some help.

Garnishee

The third debt is the creditor's right of the legal debtor, such as the deposit in the bank, the rent from renting the building, etc. If the losing party fails to make compensation to the other party in accordance with the court order, the losing party may issue a deduction order to the third debt of the losing party to claim the awarded compensation from the third debt.

Guarantee

A Guarantor promises to compensate the loss of the guaranteed person when someone fails to do a specified act, such as not paying the loan on time. A guarantee is usually made in writing and in the form of a contract, which is called Deed of Guarantee.

Hearing

Before hearing a case in public, the court usually listens to the applications or statements of the litigants in the middle, and the hearing is usually held in the form of chambers, and people irrelevant to the case are not allowed to attend.

Hearsay evidence

Hearsay evidence is not evidence obtained by witnesses from personal experience, but only by listening to other people's reports or submitting documents formulated by others, such as charging bills.

implied $ TERM

implied terms are not expressly stipulated in the contract, but are added to the contract because of the need of facts, the provisions of laws or the practices of relevant industries. For example, in the employment contract, although it is not stipulated that employees must be devoted to their duties and work hard, in fact, these conditions have been implied in the contract and are regarded as effective terms.

Infringement

Infringement of rights generally refers to the infringement of the civil rights of others, which is mostly used for the encroachment of intellectual property rights. Example: Using a registered trademark without its owner's permission is a serious infringement of the owner's proprietary right. Stealing a registered trademark of others is a serious infringement of rights.

Injunction

An injunction is an injunction issued by the court to prohibit an act or omission. The person who is forbidden must follow the instructions of the order, such as not approaching someone, or removing all illegal illegal structures. Ignoring the injunction is tantamount to contempt of court and can be fined or even imprisoned.

Instrument

document, which deals with legal affairs and documents as evidence, such as the Instrument of Transfer used in share transfer.

Inter alia

This Latin word often appears in legal documents and letters, which means "list this item among them", that is, there are other matters.

Interim order

an interim order refers to an interim order in the course of litigation, such as an Interim Maintenance Order issued by the court in a divorce petition. After the case is heard, the court will make a permanent order to replace the interim order.

instruction in the middle

An instruction issued by a court in the course of a lawsuit, such as designating both parties to exchange a list of documents within 14 days, or approving one of them to apply for an extension of filing documents in court.

Intestacy

If a person dies intestate without leaving a will, the estate of the deceased shall be in accordance with <; < The intestate's estate ordinance >: > Distribution, but before the distribution of the estate, the qualified person specified in the Ordinance should first apply to the Estate Registry of the High Court to become the Administrator of the deceased, and then be responsible for distributing the estate of the deceased.

Intra vires

if you are authorized to act within the power, you must do it within the power to be considered as a legal act. What you do without authorization belongs to ultra vivres.

Ipso facto

Facts make it possible to judge things simply by the effects of actions or facts themselves.

Issue

Issue can be interpreted in many ways, such as: 1. Issue: This was Issued more than one year ago. 2. Issue: The issue of this action is the date of the contract. The issue in this case is the date of the contract; Children: none of his issues will be benefited from his estate. None of his children will benefit from his estate.

Joint tenancy

two joint owners * * * jointly own a property, which can be owned in the form of joint tenancy or Tenancy in Common. Joint ownership of a property is generally called a "long life contract". The joint ownership form is that both parties jointly own the whole property. When one of them dies, the remaining one will own the property alone.

Lapse

Invalidation In the process of deliberation, after the time limit given for consideration, the relevant proposal also lost its effectiveness. Example: this offer will be lapped automatically after the time limit. This offer will automatically expire after the time limit.

Leave

The word "Leave" is generally interpreted as "leave", but it is used as the permission of the court in law, for example: it is necessary to seek the court's leave to file a document out of time. After the time limit, you must get the permission of the court before you can save the document.

Lien

This is the right to detain other people's property, which is generally used as a guarantee for repayment or as an exchange for repayment.

Limitation period

Generally, there is a specified time limit for civil claims. After the time limit, the relevant claims or procedures can only be carried out with the special approval of the court. Generally, the time limit for contract disputes is six years, but the time limit for contract disputes is 12 years. The time limit for employees to claim compensation for work-related injuries is two years from the date of the accident, while the time limit for other injuries is three years.

settled damages

The amount of compensation claimed by the plaintiff in a civil lawsuit is a specified amount. When the defendant receives a summons, if he pays the plaintiff according to the specified amount of compensation, the plaintiff has no grounds to claim, and the case is ended.

Listing

When a case is scheduled for trial, you can apply to the court to schedule the case for trial. The case can be scheduled in a fixed roster or a floating roster.

Maintenance

The act of one person providing financial support to another person is called support. In family law, the living expenses provided to children's spouses are called alimony.

Merits

The facts in a lawsuit with legal grounds make the plaintiff as the legal basis for filing a complaint or as the reason for the defendant's defense.

Mesne profits

If the tenant fails to pay the rent on behalf of the tenant, the landlord can cancel the relevant lease for the tenant's breach of contract and recover the rent in arrears. If the tenant still occupies the relevant building after the landlord cancels the lease, the landlord can recover the rent equivalent to the rent as compensation for the tenant's illegal occupation of the building.

Misappropriation

The act of misappropriating someone else's object or money without the owner's consent. If there is evidence that the embezzler intends to possess the object permanently, the embezzler's behavior belongs to daoqie.

Mitigation

Request for a lighter sentence, reduce 1. The defendant in a criminal case requests the court to give him a lighter sentence, and the court will make an appropriate sentence depending on whether the defendant has a criminal record, family background, and whether he regrets the crime. 2. Although the defendant has the responsibility to compensate the plaintiff for the loss in the civil lawsuit for compensation, the plaintiff also has the responsibility to reduce the loss.

Natural child

natural child generally refers to a natural child, but it can be legitimate or illegitimate.

Negligence

The word negligence and neglect is often used on professionals, mainly aiming at the fact that professionals do not take appropriate measures according to their professional ethics and behaviors, so that their customers suffer losses.

Next friend

The protector of litigation appears mainly because the litigant is a minor or a patient and needs to be represented by this protector of litigation.

nolle prosequi

It is the plaintiff's promise to the defendant to stop the prosecution without suing enters a nolle prosequi. Different from civil cases, in criminal cases, even if the Department of Justice proposes to stop the prosecution, it does not mean that the defendant will not be prosecuted again for the same crime.

non est fact

This is not what I signed. Many times, non est fact is used as the defendant's defense, claiming that the defendant did not sign the document, or the defendant did not know the contents of the document when signing it, so the English interpretation of non est fact is it is not my deed.

Notice to quit

in the relationship between the landlord and the tenant, either party can send the notice to the other party as a notice to terminate the lease. However, according to the Landlord and Tenant (Consolidation) Ordinance, the notice given by the landlord to the tenant must be subject to the time limit in the Ordinance. The tenant's notice of departure cannot be used to terminate the lease in the middle, unless the parties agree or the lease has provisions.

Nullity of Marriage

There are some restrictions in the law to decide that marriage is invalid. This judgment can be the man's sexual impotence or the woman's refusal to be in love with the man since marriage. If the court decides that the marriage is invalid, the marriage of both parties is unmarried, not divorced.

Obiter dictum

The incidental opinions expressed by the judge during the judgment are some incidental opinions expressed by the judge during the judgment, which will not affect the final judgment of the case.

Official Receiver

the bankruptcy judge is a position of the government. Dealing with bankruptcy or company liquidation. Its office is located on the 1th floor of Queensway Government Offices, Hong Kong.

Onus of proof

see Burden of Proof for details.

Open Contract

the conclusion of a contract with incomplete conditions has many components, except the basic contract maker, contract term, contract mode and responsibilities of both parties, but if the contract lacks time for both parties to execute, it can be called an incomplete contract. (For details of the conclusion of the contract, please refer to the Legal Knowledge Edition).

Order of discharge

according to the current law, if an individual is ruled bankrupt by the court, he needs to face various restrictions after bankruptcy, including not being a director of the company, not being involved in company management, not borrowing money from others without revealing his bankrupt status, and so on. If the bankruptcy is approved by the court to issue a bankruptcy order, the individual can be restored to freedom.

Ordinary resolution

an ordinary resolution refers to a resolution agreed by more than half of the voters at a general company meeting, which is different from extraordinary resolution and special resolution.

Overruling

Overturning means that the high court overturns the decision of the lower court, which can be the judgment of the court of first instance overturned by the court of appeal, or the final court overturns the judgment of the court of appeal.

Pardon

Pardon means that a prisoner's conviction or sentence is revoked through pardon, and when a prisoner is pardoned, he cannot be convicted again for the same case.

Partial intestacy

Partial intestacy means that the deceased's will does not completely include all the deceased's estate. For example, the deceased only mentioned the disposal of property and cash (including bank deposits) in his will, but the actual deceased's stocks and other jewelry were not mentioned in his will. Therefore, these unmentioned estates need to be disposed of according to the intestate inheritance law.

Personal service

personal service. The service personnel personally deliver the documents of the court or lawyer's office to the recipients. In some cases, the court or the law may require special delivery methods, and personal delivery is one of them. In addition, it may be by registered mail or by advertising.

Personam

to people is opposite to rem to things. It's Latin for or relating to people.

Petition

In law, a Petition can be a request for divorce or bankruptcy, which is brought out in the form of a petition.

physical possession

Physical possesession possessed by entities is different from other posses.