Page 3 :
Lecat TeRMs AND MAXIMS 3, s uU, Sabotage Uberrimae fidei, Simpliciter Ubi jus thi remedium, Sine die y, Slander Ultra vires, Stare decisis Utilitarianism, Subjudice, Sui generic Vv, Sui juris 7, Vandalism, T Vicarious liability, Void, Tenancy, Tenancy at will Voidable, Tenancy by estoppel Voidable contract, ‘Tortfeasor Volenti non fit injuria, Tortious, Legal Terminology, A accusare nemo se debet, No one is bound to accuse himself or herself., abduction a coeli unsque ad centum, , Wrongfully taking away or detaining another, person, usually by force or fraud., ab initio, From the beginning, , If a contract is void (say for mistake) ab, initio, it has the consequence that no innocent, third parties can acquire rights under any, subsequent contract, abortion, The termination of a pregnancy: a miscarriage, or the premature expulsion of a foetus from the, womb before the normal period of gestation is, complete, Jt is an offence to induce or attempt to induce, an abortion., , absconding, ‘The failure of a person to surrender to the custody, of a court in order to avoid legal proceedings, accomplice, One who is a party to a crime, either as a, principal or as an accessory., account of profits, A remedy that a claimant can claim as an, alternative to damages in certain circumstances,, €g,, inan action for breach of copyright, , A successful claimant is entitled to a sum, equal to the monetary gain the defendant has, made through deceiving the claimant, , , , [from the heavens to the centre of the earth], , A phrase describing the vertical extent of, the owner's right in land, , It includes also the proprietor’s right to use, the property as he may think fit and to prevent, any other person encroaching thereon, whether, above or below the surface., acquittal, A decision by a court that a defendant accused, of a crime is not guilty., act of God, An event due to natural causes (storms,, earthquakes, floods, etc.) so exceptionally, severe that no one could reasonably be expected, to anticipate or guard against it., actus reus, [a guilty act], , ‘The essential conduct or element of a crime that, must be proved to secure a conviction (compare, mensrea)., , In most cases the actus reus will simply be, an act (¢.g., appropriation of property is the act of, theft) accompanied by specified circumstances, (e.g, that the property belongs to another)., , Sometimes, the actus reus may be an, omission to act (e.g. failure to prevent death, may be the actus reus of manslaughter) or it may, include a specified consequence (death resulting, being the consequence required for the actus, reus of murder or manslaughter)

Page 4 :
Lecat Terms AND Maxims, , , , In certain cases, the actus reus may simply, be a state of affairs rather than an act (e g., being, unfit to drive through drink or drugs when in, charge of a motor vehicle on a road), , actus reus non facit reum nisi mens sit rea, {an act does not make a person guilty of his, crime unless his mind be also guilty}, , ‘The maxim that forms the basis for defining, actus reus and mensrea as the two elements that, must be proved before a person can be convicted, of a crime, , adjournment, , ‘The postponement or suspension of the hearing!, session, , adjudication, , The formal judgment or decision of a court or, tribunal., , admissibility of evidence, , The principles determining whether or not, particular items of evidence may be received by, the court. The central principle of admissibility, is relevance. All evidence that is sufficiently, relevant is admissible and all that ts not, sufficiently relevant is inadmissible., , admission, , In civil proceedings, a statement by a party to, litigation or by his duly authorized agent that, is adverse to the party’s case. Admission may, be informal (i¢.. in a document or by word, of mouth) or formal (ic, made in a statement, of case or in reply to a request for further, information)., , In criminal proceedings, a statement by the, defendant admitting an offence or a fact., admissions may be informal or formal, An informal admission is called a confession., , A formal admission may be made either, before or at the hearing. But if not made in court,, it must be in writing and signed by the defendant, or his legal adviser, , A formal admission may be made in respect, of any fact about which oral evidence could, be given and is conclusive although it may be, withdrawn at any stage with the permission of, the court. A plea of guilty to a charge read out in, court is a formal admission., , Imoniti, A reprimand from a judge to a defendant who, has been discharged from the further prosecution, of an offence, adverse possession, The occupation of land to which another person, , , , has title with the intention of possessing it as, one’s own., , The adverse possessor must occupy the, land as if he were entitled to it to the exclusion, of all others, And he must intend to occupy it as, his own., affidavit, A sworn written statement of evidence used, mainly to support certain applications and,, in some circumstances, as evidence in court, proceedings., , The person who makes the affidavit must, swear or affirm that the contents are true before, a person authorized to take oaths in respect of, particular kind of affidavit., , affray, , The offence of using or threatening, other than, by words alone, unlawful violence. The conduct, must be such as would have caused a reasonable, person to fear for his safety, though no such, , person need be present., ‘The defendant must intend to use or threaten, , violence or, alternatively, must be aware that his, conduct may be violent or threaten violence., The offence is found in the Public Order Act, 1986, though it can be committed in private as, well as in public places., , aid and abet, To assist in the performance of a crime either, before or during (but not after) its commission., , Aiding usually refers to material assistance, (e.g, providing the tools for the crime),, , And abetting to lesser assistance (¢.g.,, acting as a look out or driving a car to the scene, of the crime)., , Aiders and abettors are liable to be tried as, accessories., , Mere presence at the scene of a crime is, not aiding and abetting. The prosecution must, prove that the defendant had knowledge that he, was assisting the principal in the commission of, the crime., alienation, The transfer of property (particularly real, property) from one person to another., alimony, Formerly, financial provision made by a husband, to his wife when they are living apart. Alimony, is now known as maintenance or financial, provision., allegation, Any statement of fact in a statement of case,, affidavit, or indictment.

Page 5 :
Lecat TeRMs AND MAXIMS, , , , amicus curiae, , {a friend of the court or tribunal], , A non-party who gives evidence before the, court so as to assist it with research, argument,, or submissions, , amnesty, , An act erasing from legal memory some aspect, of criminal conduct by an offender. It is most, frequently granted to groups of people in, respect of political offences and is wider than, a pardon, which merely relieves an offender of, punishment, , animus, , {Intention}, , The term is often used in combination, for, example, animus furandi—the intention to steal,, animus manendi—the intention to remain in one, place (for the purposes of the law relating to, domicile),, , antecedents, , An accused or convicted person’s previous, convictions or history of bad character., , é ag, , [from the later (ie., from effect to cause)], Describing or relating to reasoning based on, deductions from observation or known facts,, , Le., inductive reasoning., , a priori, , [from the previous (i.e. from cause to effect)], Describing or relating to reasoning that is, based on abstract ideas, anticipates the effects, of particular causes, or (more loosely) makes, a presumption that is true as far as known. ie.,, deductive reasoning., , arbitration, , ‘The determination of a dispute by one or more, independent third parties (the arbitrators) rather, than by a court. Arbitrators are appointed by, the parties in accordance with the terms of the, arbitration agreement or in default by a court. An, arbitrator is bound to apply the law accurately, but may in general adopt whatever procedure he, chooses and is not bound by the exclusionary, tules of the law of evidence, he must, however,, conform to the rules of natural justice, , arrest, The apprehension of a person suspected of, criminal activities, , Most arrests are made by police officers,, although anybody may, under prescribed conditions, effect an arrest., , In some cases, the officer will have a war, , , rant of arrest signed by a magistrate, which must, be shown to the accused (though not necessarily, at the time of arrest)., , However, a warrant is not required for, indictable offences and the Serious Organized, Crime and Police Act 2005 effectively gives the, police the power to arrest any person where they, consider this to be necessary for any of the wide, range of reasons. When an arrest is made, the, accused must be told that he is being arrested, and given the ground for his arrest., , Anyone making or assisting in an arrest, may use as much force as reasonable in the, circumstances. Resisting lawful arrest may, constitute the crime of assault or obstructing a, police officer. A person who believes he has been, wrongfully arrested may petition for habeas, corpus and may sue the person who arrested him, for false imprisonment., , arson, The intentional or reckless destruction or, damaging of property by fire without a lawful, excuse,, , asylum, Refuge granted to an individual whose extradition is sought by a foreign government or who is, fleeing persecution in his native state, , This can include refuge in the territory of, a foreign country (territorial asylum) or in a, foreign embassy (diplomatic asylum)., audi alteram partem, {hear the other side}, No one should be condemned unheard., , aut punier aut dedere, {either punish or surrender}, In extradition law, the doctrine is that offenders, must be either punished by the state of refuge or, surrendered to the state that can and will punish, them, autrefois convict, [previously convicted], A special plea claiming that the defendant has, previously been convicted by a court of competent jurisdiction of the same (or substantially, the same) offence as that with which he is now, charged or that he could have been convicted on, an earlier indictment of the same (or substantially the same) offence, , When this plea is entered, the judge, determines the issue. If the plea is successful, it bars further proceedings on the indictment,, The plea may be combined with one of not, guilty. The Criminal Justice Act, 2003, allows