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A
| A
fortiori |
Latin
- for a stronger reason; much more so; all the more.
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| A
mensa et thoro |
Latin
– from bed and board. An old term for judicial separation
in marriage which originated in canon law. It indicated the
nature of a divorce decreed by the ecclesiastical courts.
The modern equivalent of divorce a mensa et thoro is separation
without the right to remarry while the former spouse lives.
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| A
priori |
Latin
- from the cause to the effect.
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| A
vinculo matrimonii |
Latin
– from the bond of marriage. Ecclesiastical courts could not
dissolve marriages that were not void from the start, but
could decree that a union was void because of a pre-existing
defect recognised by canon law. Divorces a vinculo matrimonii
were effected by private Acts of Parliament.The term is now
used to refer to a final and permanent divorce.
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| Ab
Initio |
From
the beginning
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| Abandonment |
1.
In relation to a child, the giving up or desertion of the
child, foregoing parental duties.
2. In relation to property, giving up ownership of an item
of property. Abandonment involves an intention to give up
any claim to the property and not merely an intention to give
up possession.
3. In relation to real property, a state in which land or
property are left unprotected by the owner or by the person
with rightful possession over them, that person having forever
given up all claim to the subject matter.
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| Abatement |
1.
A reduction; diminution; decrease.
2. Equity - a reduction; a diminution. If the fund out of
which a general legacy is payable is insufficient, the legacy
will reduce, or abate, rateably, in accordance with the equitable
maxim ‘equality is equity’.
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| Abatement
of legacies |
Where
assets of a deceased estate are insufficient to pay in full
all the legacies made in a will after the payment of debts,
the process of abatement is applied to reduce legacies, partially
or totally, to a proportional amount which can be satisfied
out of estate funds available. The order of proportionate
abatement is: residue and general legacies abate before specific
legacies and before demonstrative legacies up until exhaustion
of the fund designated for their payment.
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| Abatement
of nuisance |
The
privilege to end a nuisance by self-help, even if the measures
used amount to what would otherwise be a legal wrong, such
as trespass to land. Steps to remove the source of the nuisance
may only be taken by those entitled to bring an action in
nuisance. The privilege may arise before damage has been suffered.
Once exercised, no cause of action lies except for past harm
suffered.
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| Abet |
To
intentionally assist or participate in the act of a principal.
To abet a crime, a person must have had knowledge of the essential
matters which constituted the offence of the principal offender.
A person who is merely reckless or negligent does not abet
a crime. However, a person who shows wilful blindness from
which knowledge may be inferred may abet.
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| Abeyance |
| A
situation where there is no person presently entitled to an
estate in land. |
| Abnormal
sensitivity |
The
weakness of a person’s physical or mental constitution, property,
or activities which renders him or her peculiarly susceptible
to external impact. In negligence law, if an ordinary person
would not have suffered damage as a result of another’s negligence,
the abnormally sensitive plaintiff cannot recover for any
damage suffered as a result of his of her hypersensitivity,
if the defendant had no knowledge of that hypersensitivity.
If the normal person would have suffered some damage, the
abnormally sensitive plaintiff can recover for all his or
her loss, even if it is greater than what a normal person
would have suffered.
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| Abode |
The
place where a person, for the time being, sleeps and eats,
which in general he or she uses as a base for daily activities.
Place of dwelling; residence; domicile.
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| Abridgment |
In
relation to time, the reduction in the time allowed for doing
any act or thing.
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| Abrogate |
To
repeal or annul.
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| Absolute |
To
be unconditional or complete.
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| Absolute
acceptance |
In
contract law, unequivocal acceptance of all the terms of an
offer. Absolute acceptance is required before a binding contract
can be formed.
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| Absolute
assignment |
An
assignment of the whole of a debt or other legal chose in
action to an assignee. An absolute assignment by writing of
any debt or chose in action of which express notice has been
given to the debtor transfers to the assignee all legal rights
and remedies in relation to the chose in action assigned.
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| Absolute
gift |
A
complete and unconditional gift good against the whole world.
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| Absolute
interest |
The
entire interest or the full and complete interest in land
or an estate.
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| Abuttals |
Portions
of land which are adjacent or next to other land.
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| Acceleration
clause |
A
clause in a contract that states that if a payment is missed,
or some other default occurs, then the contract becomes fully
due and payable immediately.
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| Acceptance |
The
act of agreeing or assenting. One of three requisites to a
valid contract under common law, the other two being an offer
and consideration. A binding contract results when an offer
is accepted. The offeree must have knowledge of the offer
and an intention to accept. Acceptance may be express or implied
from conduct, but must correspond with the offer, be unequivocal
and generally be communicated to the offeror.
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| Accessio
cedit principali |
Latin-an
addition to the principle thing becomes part of it.
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| Accord
and Satisfaction |
A
term of contract law by which one party, having complied with
its obligation under a contract, accepts some type of compensation
from the other party instead of enforcing the contract and
holding the other party to their obligation. This discharges
the contract.
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| Accretion |
The
imperceptible and gradual addition to land by the slow action
of water. Heavy rain, river or ocean action would have this
effect by either washing up sand or soil or by a permanent
retreat of the high water mark.
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| Acquiescence |
1.
Abstaining from interference while one’s rights are being
violated.
2. Refraining from seeking relief, once it is known that rights
exist, for such a period that abandonment or release of the
rights has occurred.
3. Delay by a plaintiff where to give relief would involve
prejudice to the defendant or a third party.
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| Act
of bankruptcy |
An
action of a debtor or an action endured by a debtor which
is indicative of an inability to pay creditors.
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| Acting
in good faith |
Acting
honestly without fraud, collusion, or participation in wrongdoing.
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| Actus
jure gestionis |
Latin-a
transaction which exercises a commercial capacity.
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| Ad
hoc |
Latin
- for a special purpose or occasion.
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| Ad
idem |
Latin
- to the same result.
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| Adjourn |
To
defer the proceedings in a court case.
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| Administrator |
A
court appointed person who administers an estate which does
not have an executor.
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| Affray |
A
display of violence, either public or private, during which
bystanders are present.
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| Agent |
A
person who acts on behalf of another person with their consent.
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| Aggravated
Damages |
Damages
awarded to compensate a person for humiliation or distress.
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| Alieni
juris |
Latin
- in the care of another.
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| Annuity |
An
entitlement to an income paid on a yearly basis.
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| Anticipatory
Breach |
A
breach of contract prior to performance being required. Can
take the form of a refusal to perform according to the terms
of the contract or by acting in such a way that it is not
possible to perform.
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| Arrears |
A
debt which is owed because of a failure to pay.
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| Automatism |
A
criminal defence based on facts which demonstrate an externally
caused inability to control one's physical reflexes.
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| Avoid |
To
legally minimise the amount of tax payable.
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| Award |
The
decision of an arbitrator regulating the future conduct of
parties to a dispute.
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| Notary
- Public Notary |
What
is a Public Notary?
A public notary is an officer whose job is to attest, witness
and certify deeds, affidavits, statutory declarations, Wills,
contracts and other documents.
History of Public Notaries
Notaries Public (also called "notaries" or "public
notaries") hold an ancient office which can trace its
origins back to the Roman Empire, when they were called "notarius"
or "tabellio". They are easily the oldest continuing
branch of the legal profession and are known all over the
world from England to the rest of the European Community,
USA, Chile, Russia, Japan, China and of course Australia.
They first appeared in the English legal system sometime prior
to 1279 when the Pope authorised the Archbishop of Canterbury
to appoint notaries.
What makes them different from others who prepare or witness
documents is that their acts will be recognised and accepted
by foreign courts and authorities, whereas acts performed
by non-notaries will generally be ignored. That is a notary’s
seal is valid while a mere justice of the peace will not in
foreign countries.
Wax seals with individualized engravings or symbols were used
as signatures at the end of written agreements. In later centuries,
ribbons were woven into holes placed in the margin of multiple
page documents to tie the pages together. Wax seals were placed
over the knots to ensure no pages were added nor removed.
This was the birth of the notary seal and certificate. Today
a mere signature is enough.
As described above the public notary attests and prepares
legal documents, they can also attest and prepare foreign
documents and translate them into English and vice versa.
The public notary attests his work through his signature or
official seal.
Public Notaries can charge a fee for their services and generally
this amount to their hourly rate.
Basically, the most important reason for notarizing anything
is to protect against fraud. The notarization is effective,
valid and binding as long as the document it appears upon
remains effective and valid. |
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