Skip to content
Lanbuk — Pat in Learning

Legal glossary

Short, plain meanings of words you will meet in judgments and Acts. On Lanbuk pages, tap or hover a dotted word to see its meaning.

A

Acquittal
A finding by the court that the accused person is not guilty, which ends the criminal case against them on that charge.
Actus reus
The physical part of a crime: the act, the circumstances, and in a result crime the consequence. It does not include the state of mind. It must be voluntary, unless the offence is one of the rare status crimes.In the notes
Affidavit
A written statement of facts that the person making it swears or affirms is true, usually before a commissioner for oaths, so it can be used as evidence.
Appellant
The party who takes a case to a higher court because they want the lower court's decision changed.
Applicant
The person who asks the court for an order by way of an application or motion.
Arbitration
A private way of settling a dispute: the parties agree to let one or more arbitrators decide it, and the award binds them like a judgment.
Assault
In tort, causing another person to fear, reasonably, that force is about to be used on them.
Absolute privilege
Complete protection from defamation claims for statements in Parliament, in court proceedings and some official communications.
Actionable per se
A tort that can be sued on without proving any actual damage, such as trespass or libel.
Allurement
Something dangerous but tempting to children, which can make an occupier liable to a child who is hurt by it.
Abatement
Self-help by which a person affected by a nuisance removes it himself, acting reasonably.
Act of God
A natural event so extreme that no human foresight could guard against it; a defence to strict liability.
Aggravated damages
Extra compensation where the defendant's conduct made the claimant's hurt worse.
Ameliorating waste
A change that improves the land. Equity will not usually stop it.In the notes
Accomplice
A witness who was a party to the offence, a receiver giving evidence against the thieves, or a party to another offence the prosecution uses to prove the charge. If the prosecution calls him, the judge warns the jury of the danger of convicting on his evidence alone.In the notes
Automatism
An act done by the muscles without control by the mind, such as a spasm, a reflex, or a blackout. An external cause can be a complete defence. An internal cause, such as epilepsy, is treated as insanity.In the notes
Articles of association
The company's internal rules on shares, meetings, directors and dividends. With the memorandum they bind the company and its members like a covenant (section 37) and may be altered by special resolution (section 43).In the notes

B

Bail
Release of a person who is charged or awaiting trial, on conditions (such as sureties or reporting to the police) meant to make sure they come back to court.
Bailee
The person who lawfully receives possession of goods from the bailor for some purpose, and must take care of them and return the same goods.In the notes
Bailment
A transaction in which a bailee lawfully receives possession of the bailor's goods for a purpose. Ownership stays with the bailor. It is its own source of duties, and it does not require a contract.In the notes
Bailor
The person who delivers possession of goods to a bailee but remains the owner.In the notes
Balance of probabilities
The standard of proof in civil cases, and the standard when an accused bears a legal burden: the court asks whether something is more likely than not to have happened.In the notes
Beyond reasonable doubt
The high standard of proof in criminal cases: the prosecution must prove guilt so that the tribunal is sure. It is short of certainty, and it is not a mere shadow of a doubt.In the notes
Burden of proof
The duty on one side of a case to prove the facts it relies on. If that side fails, it loses on that point. In a criminal trial it stays with the prosecution, except for insanity and a statutory exception.In the notes
Breach of duty
Falling below the standard of care the law expects, usually the standard of a reasonable person in the same position.
But for test
The basic causation test: would the claimant have suffered the harm but for the defendant's breach? If yes, the breach did not cause it.
Battery
The intentional and direct application of force to another person without their consent or lawful excuse.
Bare licence
Permission to be on land, given for nothing. It can be withdrawn at will, and it does not bind a later owner.In the notes
Bona fide purchaser
A person who buys a legal estate in good faith, for value, without notice of an earlier equitable right. That earlier right does not bind them.In the notes
Beneficiary
A person entitled to the benefit of trust property in equity, who can make the trustees carry out the trust.In the notes

C

Certiorari
An order of a superior court that brings up the decision of a lower court or public body so it can be checked and, if it was unlawful, set aside.In the notes
Committal
Sending a person to a higher court for trial, or to prison, after a preliminary hearing or for disobeying the court.
Contempt of court
Conduct that disobeys a court order or interferes with justice, such as ignoring an injunction or disrupting a hearing. It can be punished by a fine or imprisonment.
Conviction
A formal finding by a court that a person is guilty of a criminal offence.
Conciliation
A process in which a neutral person helps the parties to a dispute reach a settlement themselves. The conciliator does not impose a decision.
Causation
The link between the wrong and the harm. In tort it is usually tested by asking whether the harm would have happened 'but for' the wrong.
Contributory negligence
Carelessness by the claimant that helped cause their own harm. It reduces the damages rather than defeating the claim.
Course of employment
What an employee does as part of the job, including doing an authorised task in a wrong way, but not a 'frolic of their own'.
Conversion
Dealing with another person's goods in a way that denies their rights, for example by taking, selling or destroying them.
Cattle trespass
The strict liability of the owner of livestock that strays onto another's land and damages it.
Consensus ad idem
A meeting of minds: the parties have agreed the same thing. The court usually finds it from what they said and did, not from their private thoughts.In the notes
Counter-offer
A reply that changes the terms. It rejects the original offer, so that offer can no longer be accepted.In the notes
Consideration
The price of a promise: something of value given, or promised, in return. A bare promise to make a gift has none.In the notes
Cuius est solum
'Who owns the soil owns up to the heavens and down to the depths.' A colourful phrase. It does not give the owner a claim for every overflight. The right stops at the airspace needed for ordinary use of the land.In the notes
Chattel real
A lease. It is an interest in land, but it was classed as personalty because, for a long time, the tenant who was turned out got damages rather than the land.In the notes
Chattel
A moveable thing. If it is not annexed to the land so as to become a fixture, it does not pass with the land.In the notes
Cestui que vie
The person whose life measures an estate pur autre vie. When that person dies, the estate ends.In the notes
Contractual licence
Permission to be on land given for consideration. Equity may stop the owner revoking it in breach of the contract. It is still not, by itself, a lease.In the notes
Compellable
A witness the court can order to give evidence. A competent witness is usually compellable. A spouse, a diplomat, and a judge in his own case often are not.In the notes
Competence
The law's permission to give evidence. A person who does not understand the duty to tell the truth, or whom a rule excludes, is not competent.In the notes
Corroboration
Independent evidence that confirms a witness in a material particular and implicates the accused. One witness is enough for most charges. Some offences fail without corroboration, and some witnesses call only for a warning.In the notes
Consortium
The bundle of rights marriage gives each spouse: society, sexual intercourse, and the domestic life of the household. It is mutual. It is not enforced by locking a spouse up, and it is not a right to beat her.In the notes
Condonation
Forgiveness of a matrimonial offence, with knowledge of it, followed by taking the other spouse back. It is an absolute bar to a divorce based on what was forgiven. A later matrimonial offence revives it.In the notes
Connivance
A willing consent to the adultery complained of. It is an absolute bar. Failing to prevent every opportunity is not enough. A trap that causes the adultery may be.In the notes
Collusion
An agreement to invent a ground of divorce, or to hide a defence, so as to obtain a decree. It is an absolute bar.In the notes
Constructive trust
A trust imposed by law, whatever the parties intended, because it would be unconscionable for the legal owner to keep the property for himself.In the notes
Cy-pres
Applying property given for a charitable purpose that has failed to the nearest similar charitable purpose, under a scheme.In the notes
Charitable trust
A trust for a purpose the law treats as charitable, such as relief of poverty, education or religion, that benefits the public. It is enforced by the Attorney-General.In the notes
Company limited by guarantee
A company whose members undertake to contribute a stated amount to its assets if it is wound up. It is used for non-profit bodies.In the notes
Company director
A person who directs and manages a company's business. Every company registered under the Companies Act 2009 must have at least two (section 211). A director is a fiduciary of the company.In the notes
Contributory
A present or past member who may be liable to contribute to a company's assets in a winding up. In a company limited by shares the liability is limited to any amount unpaid on the shares.In the notes
Capital maintenance
The rules that protect a company's share capital for its creditors, such as the bar on issuing shares at a discount (Ooregum) and on returning capital except as the Act allows (Trevor v Whitworth).In the notes

D

Defendant
The person a civil claim is brought against, or the person accused in a criminal trial.
Declaration of title
A court order stating who owns a piece of land. The claimant must prove their own title; a weak defence does not win it for them.
Default judgment
A judgment given against a defendant who failed to enter an appearance or file a defence on time, without a full trial. It can be set aside.
Defamation
Publishing a false statement that lowers a person's reputation in the eyes of right-thinking people. Written defamation is libel; spoken defamation is slander.
Duty of care
A legal duty to take reasonable care not to cause harm to people who could foreseeably be affected by what you do or fail to do.
Damnum sine injuria
Harm with no legal wrong. It cannot be sued on.
Detinue
Wrongfully keeping another person's goods after they have asked for them back.
Duty of common humanity
The duty an occupier owes to trespassers: to take the steps a humane person would take, given his means, where he knows of a serious danger and their likely presence.
Doli incapax
Incapable of crime. Under seven the bar is absolute. From seven to fourteen there is a presumption that the child did not know the act was seriously wrong, and the prosecution may rebut it.In the notes
Desertion
In a Christian or civil marriage, a separation for a continuous three years, with an intention to end cohabitation permanently, without the other spouse's consent, and without just cause. Constructive desertion is conduct grave enough to drive the other spouse out.In the notes
Dower
The wife's entitlement from her husband under a Muslim marriage. It is not the payment made to her family in a customary marriage.In the notes
Discretionary trust
A trust under which the trustees choose which members of a class benefit and by how much. The test of certainty is whether any given person is or is not in the class.In the notes
Donatio mortis causa
A gift made in contemplation of death, with delivery of the property or the means of control, that takes effect only if the donor dies.In the notes
Doctrine of election
The rule that a person who takes a benefit under a will or deed must accept a burden it places on his own property, or compensate the person disappointed.In the notes
Derivative action
An action brought by a member, with the court's leave, in the name or on behalf of the company for a wrong done to the company: section 258.In the notes
Debenture
A document that creates or acknowledges a debt owed by a company, often secured by a charge. A debenture holder is a creditor, not a member.In the notes
Delegated legislation
Rules, regulations or orders made by a minister or other body under power given by an Act. Rules outside the Act are void.In the notes

E

Estoppel
A rule that stops a person from going back on something they said or did when another person relied on it.In the notes
Ex parte
A hearing or application made by one side without the other side being present, usually because the matter is urgent.
Eggshell skull rule
The rule that a defendant must take the victim as he finds them, and is liable for the full harm even if the victim was unusually vulnerable.
Exemplary damages
Damages to punish the defendant, given only in limited cases such as oppressive acts by government servants.
Economic duress
Illegitimate commercial pressure that leaves no practical choice. A promise extracted by it may be voidable. Ordinary hard bargaining is not enough.In the notes
Ex turpi causa
'No action arises from a disgraceful cause.' The court will not help a person enforce a contract that is illegal.In the notes
Exclusion clause
A term that tries to cut down or shut out liability. It has to be part of the contract, and it is read against the person who relies on it.In the notes
Equitable waste
Malicious or wanton destruction. Even a tenant who is freed from liability for waste at law can be stopped in equity.In the notes
Equity of redemption
The borrower's right to get the land back on paying what is due. Equity will not allow a term that destroys that right.In the notes
Exclusive possession
The right to keep everyone else out, including the landlord, except so far as the lease allows entry. It is what turns a permission into a lease.In the notes
Evidential burden
The duty to point to enough evidence to put an issue before the court. On provocation, self-defence, duress, alibi and similar defences, the accused bears only this burden. The prosecution must then disprove the defence beyond reasonable doubt.In the notes
Equitable conversion
Treating land that must be sold as money, and money that must be spent on land as land, because equity regards as done what ought to be done.In the notes

H

Habeas corpus
An order requiring a person who holds someone in custody to bring them before the court, so the court can decide whether the detention is lawful.In the notes
Hereditament
A right that can be inherited. A corporeal hereditament is the physical land. An incorporeal one is a right over land you cannot pick up, such as an easement.In the notes
Hearsay
A statement made out of court, offered to prove that what it says is true. It is an exclusionary rule. This course mentions it. It does not teach it as a separate chapter.In the notes
Hostile witness
A witness who is unwilling to tell the truth, as distinct from one who has merely forgotten. With the judge's leave he may be asked leading questions and contradicted by his earlier statement. That statement goes to credit, not to the truth of what it says.In the notes

I

Indictment
The formal written charge setting out the offences a person will be tried for in the High Court.
Injunction
A court order telling a person to do something, or more often to stop doing something, until the case is decided or permanently.
Interlocutory
Describes a step or order made during a case, before the final judgment, for example an interim order to keep things as they are.
Independent contractor
A person hired to do a job who decides how to do it. Employers are usually not liable for their torts.
Innuendo
A hidden defamatory meaning that words carry because of extra facts known to the reader, or by inference.
Injuria sine damno
A legal wrong without actual harm, which is still actionable in torts actionable per se.
Invitee
At common law, a person who enters premises on business of interest to both sides, such as a customer.
Interim injunction
A temporary court order made before trial to keep things as they are.
Innocent dissemination
A defence for distributors of a libel, such as newsvendors, who did not know of it and were not careless.
Invitation to treat
A step that invites the other person to make an offer. A shop display, a price in a window, and most advertisements are invitations, not offers.In the notes
Idda
The waiting period a divorced Muslim woman, or a Muslim widow, observes before she marries again.In the notes
Indoor management rule
The rule from Royal British Bank v Turquand that an outsider dealing with a company in good faith may assume its internal procedures have been followed.In the notes

J

Jurisdiction
The power of a court to hear a particular kind of case, or cases from a particular place.
Justification
The defence in defamation that the statement was true in substance.
Jus tertii
'The right of a third party'. A claim by a defendant that someone other than the claimant owns the goods.
Joint tenancy
One title held by two or more people. None has a separate share while it lasts. On death the title stays with the survivors. It is not a lease.In the notes
Judicial review
The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court.In the notes

L

Leave to appeal
Permission from a court that is needed before certain appeals can go ahead.
Letters of administration
A court grant that lets a person manage the property of someone who died without a valid will.
Locus standi
The right to bring a case: the person must show the matter affects them enough to be heard.In the notes
Libel
Defamation in a lasting form, such as writing, print, film or a broadcast. It is actionable without proof of loss.
Licensee
At common law, a person allowed onto premises who brings the occupier no business benefit, such as a social guest.
Limitation period
The time within which a claim must be brought, after which the defendant can plead that it is time-barred.
Liquidated damages
A sum the parties fixed in the contract as a genuine estimate of the loss. The court will award it. A sum that is only a threat is a penalty, and will not be enforced as agreed.In the notes
Life estate
An estate that lasts for a life, and ends when that person dies. It cannot be left by will.In the notes
Licence by estoppel
An equity that arises where the owner encourages another to act to their detriment, believing they have or will have a right in the land. The court gives whatever remedy is just.In the notes
Leading question
A question that suggests the answer the questioner wants. It is allowed in cross-examination. It is not allowed in chief, except on formal or undisputed matters, by consent, or to a hostile witness.In the notes
Laches
Unreasonable delay in seeking equitable relief, which makes it unjust to grant it. Delay defeats equity.In the notes
Lifting the corporate veil
Looking behind a company to the people who control it. Courts do so only where a person deliberately evades an existing obligation through a company he controls (Prest v Petrodel), or where a statute says so.In the notes
Legitimate expectation
An expectation, created by a clear promise or settled practice of a public body, that the law may protect by requiring a hearing or, in rare cases, holding the body to its promise.In the notes

M

Mandamus
An order of a superior court telling a public officer or body to carry out a duty the law requires of them.In the notes
Mens rea
The mental element in the definition of a crime. It is not one standard. Intention is the highest form. Recklessness is below it. Gross negligence sits at the bottom. The definition of the particular crime decides which is required.In the notes
Mesne profits
Money a person must pay for occupying land or a building without the right to, for the period they were there.
Mansuetae naturae
Animals of a harmless (tame) species, such as dogs and horses, which are presumed not dangerous.
Mitigation
The claimant's duty to take reasonable steps to reduce his loss.
Malice (in defamation)
Using a privileged occasion or fair comment for an improper purpose, or without honest belief; it defeats qualified privilege and fair comment.
Misrepresentation
A false statement of fact, made before the contract, which induced the other party to enter it. The contract may be rescinded, and damages may follow.In the notes
Mortgagor
The borrower. The person who gives the land as security.In the notes
Mortgagee
The lender. The person who takes the security.In the notes
Malice aforethought
The mental element of murder: an intention to kill, or an intention to cause grievous bodily harm. It need not be planned in advance.In the notes
Marriage consideration
The payment, in money or in kind, that moves from the man's side to the woman's family when a customary marriage is made. It marks the families' agreement. It may be waived. If the marriage ends, it is the usual accounting between them. It is not a sale of the woman.In the notes
Memorandum of association
The document that states a company's name, registered office in Sierra Leone, objects, any restrictions on its powers, whether it is private or public, and the type of liability of its members: section 23.In the notes
Maladministration
Bad administration, such as delay, neglect, bias or rudeness, investigated by the Ombudsman. It is wider than unlawfulness.In the notes

N

Nolle prosequi
A formal notice by the prosecuting authority that it is discontinuing a criminal case.
Notice to quit
A formal notice from a landlord (or tenant) ending a tenancy and telling the tenant to leave the premises by a set date.
Negligence
A tort in which a person who owes a duty of care breaks it and causes damage that is not too remote.
Novus actus interveniens
A new, independent act or event after the wrong that breaks the chain of causation, so the defendant is not liable for what follows.In the notes
Nuisance
Unreasonable interference with a person's use or enjoyment of land (private nuisance) or with the rights of the public (public nuisance).In the notes
Nervous shock
A recognised psychiatric illness caused by a shocking event, for which damages may be recovered in limited cases.
Non-natural use
A special, unusual use of land that brings increased danger to others, needed for the rule in Rylands v Fletcher.
Nominal damages
A small sum awarded to mark that a right was infringed where no real loss was suffered.
Non est factum
'It is not my deed.' A narrow plea for a person who signed a document of a wholly different kind, without carelessness.In the notes
Natural justice
Two rules of fair procedure: no one should be a judge in his own cause, and each side must be heard.In the notes

O

Obiter dictum
A remark by a judge that was not needed to decide the case. It may persuade later courts, but it does not bind them.
Occupiers' liability
The duty of a person in control of premises to take reasonable care for the safety of visitors and, to a lesser extent, trespassers.
Oblique intention
A result the accused does not want, but foresees as a virtual certainty, and goes on to cause. Foresight of a merely probable result is not intention.In the notes
Ordinary resolution
A resolution passed by a simple majority of the votes cast at a general meeting by members entitled to vote: section 200(1).In the notes

P

Per curiam
A decision given by the court as a whole rather than credited to one named judge.
Plaintiff
The person who starts a civil case in court, asking for a remedy against the defendant.
Plea
An accused person's formal answer to a criminal charge: guilty or not guilty.
Precedent
An earlier decision that courts follow when a similar question comes up again.
Prima facie
At first sight: evidence strong enough to prove a point unless it is answered or contradicted.In the notes
Probate
The court's confirmation that a will is valid, which allows the executor to deal with the dead person's property.
Possessory title
A claim to own land based on long, open and exclusive occupation of it, rather than on a chain of documents.
Preliminary objection
A point of law raised at the start of a hearing that, if upheld, can end or limit the proceedings without going into the facts.
Passing off
A tort that stops a trader from presenting his goods or business as someone else's in a way that harms their goodwill.
Pure economic loss
Money loss that does not flow from injury to the person or damage to property. It is usually not recoverable in negligence.
Prescription
Gaining a legal right, for example to commit a private nuisance, by long use, usually 20 years.
Postal rule
Where post is a permitted way to accept, the acceptance is complete when the letter is posted, even if it is lost.In the notes
Past consideration
Something already done, before the promise and not at the promisor's request. It cannot buy a later promise, unless the act was requested and payment was always expected.In the notes
Promissory estoppel
A promise not to insist on a strict right, which the other person has relied on. The promisor may be stopped from going back on it. It restrains a right. It does not, by itself, create a new claim.In the notes
Penalty clause
A sum in a contract that is out of all proportion to any real interest in performance. The court will not enforce it as a debt, and awards the actual loss instead.In the notes
Personalty
Property other than freehold land. Money, goods, and, for historical reasons, a lease, which is a chattel real.In the notes
Permissive waste
Letting the land fall into decay by neglect. It is an omission, not a positive act of damage.In the notes
Pur autre vie
'For the life of another.' An estate measured by someone else's life, not by the life of the person who holds it.In the notes
Presumption of innocence
The rule that a person charged with an offence is innocent until the prosecution proves guilt. Section 23(4) of the Constitution of Sierra Leone 1991 states it.In the notes
Public interest immunity
The rule that material is withheld where disclosure would harm the public interest, for example national security or the identity of an informer. On these notes, a minister's certificate can be conclusive.In the notes
Provocation
A partial defence to murder in Sierra Leone. The accused lost self-control because of provocative conduct, and a reasonable person with the accused's characteristics might have done as he did. It reduces murder to manslaughter. It is not a defence to any other crime.In the notes
Power of appointment
A power to choose who receives property. Unlike a trust, a mere power need never be exercised.In the notes
Presumption of advancement
The old presumption that a transfer from a father to his child, or a husband to his wife, was a gift. It displaces the presumption of resulting trust and is now weak.In the notes
Proprietary estoppel
An equity that arises when an owner leads another to believe he has or will get a right in property, and the other relies on it to his detriment. The court gives the minimum remedy needed.In the notes
Promoter
A person who undertakes to form a company for a project and takes the steps to set it going. Under section 50 of the Companies Act 2009 a promoter is a fiduciary and must not make an undisclosed profit.In the notes
Pre-incorporation contract
A contract made for a company before it is registered. Under section 59 of the Companies Act 2009 the company may ratify it after formation; until then the person who acted is personally bound unless expressly agreed otherwise.In the notes
Private company
A company whose memorandum states that it is private. It restricts the transfer of its shares and may not offer its shares or debentures to the public. One person may form one.In the notes
Public company
A company that is not private. Only a public company may offer its shares or debentures to the public.In the notes
Parliamentary privilege
The rights and immunities of Parliament and its Members, chiefly freedom of speech in debate, which cannot be questioned in any court.In the notes
Proportionality
A structured test: is the aim legitimate, is the measure rationally connected to it, could a less intrusive means be used, and is a fair balance struck?In the notes

R

Ratio decidendi
The legal reason that was necessary for the court's decision. It is the part of a judgment that binds lower courts in later cases.
Res judicata
A matter that a court has already decided finally between the same parties. It cannot be argued again.
Respondent
The party who answers an appeal or an application, usually the side that won in the court below.
Remoteness of damage
The rule that a defendant is liable only for harm of a kind that was reasonably foreseeable, not for every consequence of the wrong.
Rule in Rylands v Fletcher
Strict liability of a landowner who brings onto his land something likely to do harm if it escapes, and it does escape and cause damage.In the notes
Res ipsa loquitur
'The thing speaks for itself.' Where an accident would not normally happen without carelessness, the court may infer negligence.In the notes
Reasonable man
The imagined ordinary, careful person whose behaviour sets the standard of care in negligence.
Rescission
Setting a voidable contract aside, so that the parties are put back, as far as possible, where they were before it.In the notes
Realty
Land, and what is fixed to it. The name comes from the old real action, which gave the land itself back, not merely damages.In the notes
Right of survivorship
The rule of a joint tenancy that, when one owner dies, the title remains in the others. It does not pass by will.In the notes
Recklessness
The conscious taking of an unjustified risk. The accused foresaw the possibility of the harm and went on. The older Caldwell test, which treated a person as reckless for giving no thought to an obvious risk, has been discarded.In the notes
Resulting trust
A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest.In the notes
Rectification
An equitable remedy that corrects a written document so that it records what the parties actually agreed.In the notes
Rule in Saunders v Vautier
Adult beneficiaries of sound mind who together are entitled to the whole beneficial interest can end the trust and call for the property.In the notes
Rule in Foss v Harbottle
The rule that only the company can sue for a wrong done to it, and that the court will not interfere at the request of a minority in what the majority can ratify. Section 255 enacts it.In the notes
Rule of law
The principle that government must act under and within the law, that everyone is equal before it, and that power is not used arbitrarily. Dicey gave it three meanings.In the notes

S

Specific performance
An order requiring a party to actually carry out what they promised in a contract, instead of only paying damages.In the notes
Stare decisis
The principle that courts stand by earlier decisions on the same point of law, so the law stays consistent.
Stay of execution
An order pausing the enforcement of a judgment, or the case itself, usually while an appeal is pending.
Subpoena
A court order requiring a person to attend court to give evidence or to produce documents.
Summons
A court document telling a person to appear in court on a given date, or starting certain kinds of case.
Statutory declaration
A written statement of facts formally declared to be true under statute. On its own it does not prove ownership of land.
Summary judgment
Judgment given without a full trial because the defendant has no real defence. It is refused where there are triable issues.
Statutory instrument
Law made by a minister or other body under powers given by an Act of Parliament, such as regulations, rules or orders.
Slander
Defamation in a passing form, such as spoken words or gestures. It usually needs proof of actual loss.
Strict liability
An offence in which the prosecution need not prove a guilty mind as to one or more elements. The act must still be proved, and it must still be voluntary. The presumption is that mens rea is required, unless the statute or its subject matter displaces it.In the notes
Scienter
'Knowingly'. Strict liability of the keeper of an animal that is dangerous by species, or that he knows has a vicious tendency.
Special damage
In public nuisance, harm to an individual beyond that suffered by the public in general, which lets him sue.
Special damages
Exact money losses up to trial, such as medical bills and lost wages, which must be pleaded and proved.
Seisin
The old common-law possession of a freehold. The person seised was the person the feudal courts treated as holding the land.In the notes
Socage
The free tenure that survived after the old military tenures were abolished. A Crown grant in socage is, in practice, the starting point of freehold ownership in the Western Area.In the notes
Severance
Turning a joint tenancy into a tenancy in common, for example by notice, by selling one person's interest, or by agreement. In this chapter it is not the criminal sense of the word.In the notes
Similar fact evidence
Evidence of misconduct other than the offence charged. It is not admitted merely to show a criminal disposition. It is admitted if its probative force is strong enough to outweigh the prejudice.In the notes
Settlor
The person who creates an express trust by declaring himself trustee or transferring property to trustees.In the notes
Secret trust
A trust that a legatee under a will has privately agreed to carry out. In a fully secret trust the will shows no trust. In a half-secret trust the will shows a trust but not its terms.In the notes
Search order
An order allowing the claimant's representatives to enter premises to find and preserve evidence.In the notes
Separate legal personality
The rule that a registered company is a legal person distinct from its members and directors. It owns its own property, owes its own debts, and sues and is sued in its own name. Salomon v Salomon is the leading case.In the notes
Special resolution
A resolution passed by not less than two-thirds of the votes cast at a general meeting of which 21 days' notice, specifying it as a special resolution, was given: section 200(2).In the notes
Separation of powers
The division of state power among the Legislature, the Executive and the Judiciary, so that no one organ holds all of it. The 1991 Constitution combines it with checks and balances.In the notes

T

Tort
A civil wrong, such as negligence, nuisance or defamation, for which the injured person can claim compensation.
Trespass
Entering or staying on land in someone else's possession without their permission. The court can award damages for it.
Triable issue
A genuine dispute of fact or law that needs a full trial to decide. Where one exists, summary judgment should be refused.
Trespass to land
Going onto, staying on, or putting something on someone else's land without permission or lawful excuse.
Trespass ab initio
Treating a person who entered under authority given by law as a trespasser from the start, because he later abused that authority by a positive wrongful act.
Trespass to goods
A direct and unjustified interference with goods in another person's possession, such as taking, moving or damaging them.
Trespasser
A person who enters or remains on land without permission or lawful right.
Tenancy in common
Co-ownership in which each person has a distinct share, which can pass on death. There is no right of survivorship. The word 'tenancy' here means holding, not a lease.In the notes
Turnbull guidelines
The warning a judge must give where a criminal case depends wholly or substantially on a disputed visual identification. A convincing witness can still be mistaken. A poor identification without support is withdrawn from the jury.In the notes
Talaq
A husband's repudiation of a Muslim marriage, pronounced according to the practice the parties follow. A general-law court does not re-try the religious merits. It asks whether Muslim law, as proved, recognises the dissolution.In the notes
Trust
An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest.In the notes
Three certainties
Certainty of intention, of subject matter and of objects. An express trust fails without all three: Knight v Knight.In the notes

U

Ultra vires
Beyond the powers: an act or rule made by a body that the law did not give it the power to make, so it is invalid.In the notes
Unliquidated damages
Damages whose amount the court decides, rather than a fixed sum agreed or set beforehand.
Undue influence
Pressure that takes away a free choice, usually where one person trusts another and the transaction calls for an explanation. The transaction can be set aside.In the notes
Unfairly prejudicial conduct
Conduct of a company's affairs that is oppressive, unfairly prejudicial or unfairly discriminatory to members. A member may petition the court for relief under sections 265 to 267.In the notes

W

Writ
A formal court document, such as a writ of summons that starts a civil action in the High Court.
Words of limitation
Words that mark the size of the estate the grantee takes, such as 'and his heirs'. They do not give anything to the heirs themselves.In the notes
Words of purchase
Words that name the person who is to take, as opposed to words that only describe how large an estate is.In the notes
Without prejudice
A genuine offer to settle a civil dispute, and the negotiations around it, cannot be shown to the court as an admission. The label does not protect a letter that is not a real attempt to compromise.In the notes
Winding up
The process of ending a company's life: collecting and selling its assets, paying its debts and distributing any surplus, before dissolution. It may be by the court, voluntary, or subject to the court's supervision: section 343.In the notes
Wednesbury unreasonableness
A ground of review: a decision so unreasonable that no reasonable authority could ever have come to it.In the notes

F

Fee simple
The fullest form of land ownership: the owner holds the land for ever and can sell, give away or leave it by will.In the notes
Fair comment
A defence to defamation: an honest opinion on a matter of public interest, based on facts that are truly stated.
False imprisonment
Unlawfully restraining a person's freedom of movement completely, for however short a time.
Ferae naturae
Animals of a dangerous (wild) species, such as lions or elephants, for which the keeper is strictly liable.
Frustration
A contract ends, without either side being at fault, because performance has become impossible, illegal, or radically different from what was promised. A mere rise in cost is not enough.In the notes
Fixture
A chattel that has become part of the land, because of how firmly it is fixed and why. It passes with the land unless the contract says otherwise.In the notes
Fee tail
An inheritable estate cut down to a line of descendants, from feodum talliatum, a fee that has been cut. On failure of that line the land goes back.In the notes
Foreclosure
The lender's suit, after default, to shut out the borrower's right to redeem. If the borrower does not pay in the time the court allows, the land vests in the lender.In the notes
Fiduciary
A person, such as a trustee, director or agent, who must act loyally for another. He must not profit from his position or put himself in a conflict of interest.In the notes
Freezing injunction
An order stopping a defendant from moving or hiding assets so that a judgment can be satisfied.In the notes
Floating charge
A charge over a changing class of a company's assets that it may deal with in the ordinary course of business until the charge crystallises. A fixed charge has priority over it: section 151.In the notes
Fraudulent trading
Carrying on a company's business with intent to defraud creditors or for a fraudulent purpose. Under section 458 directors knowingly party to it may be made personally responsible for the company's debts.In the notes

V

Volenti non fit injuria
'No wrong is done to one who consents.' A defence where the claimant freely agreed to the risk of harm.In the notes
Vicarious liability
Liability of one person, usually an employer, for a tort committed by another, usually an employee acting in the course of employment.
Vulgar abuse
Insults spoken in anger that listeners would not take literally, which are not slander.
Voluntary waste
A positive act that damages the land, such as opening new mines or pulling down buildings.In the notes
Voir dire
A trial within a trial. The judge hears evidence in the absence of the jury, often to decide whether a piece of evidence is admissible, and then rules.In the notes
Void marriage
A marriage the law treats as never having taken place. Under the Christian and Civil Marriage Acts the grounds are the ones sections 10 and 15 list. No decree is required, though a decree puts the voidness on the record.In the notes
Voidable marriage
A marriage that is valid until a court annuls it. Only a party can petition, and only while both are alive. Wilful refusal to consummate is a statutory ground. Incapacity to consummate is a common-law ground the Act leaves open.In the notes
Volunteer
A person who has given no value. Equity will not help a volunteer to enforce an incomplete gift or trust.In the notes

Q

Qualified privilege
Protection for statements made under a duty to a person with an interest in receiving them. It is lost if the maker acted with malice.
Quantum meruit
'As much as he has earned.' A claim for a reasonable sum for work done, where there is no agreed price or the contract cannot be enforced.In the notes
Quicquid plantatur solo, solo cedit
'Whatever is planted in the soil belongs to the soil.' A chattel fixed to the land can become part of the land and pass with it.In the notes
Quiet enjoyment
The landlord's promise, often implied, not to interfere with the tenant's use of the premises.In the notes
Quia timet injunction
An injunction to stop a threatened wrong before it happens, where the harm would be serious and is likely.In the notes
Quorum
The minimum number of members who must be present for a meeting to do business. Unless the articles say otherwise, it is one-third of the members or 25, whichever is less, and two where there are six or fewer: section 199.In the notes

G

Goodwill
The good name and customer attraction of a business, which passing off protects.
General damages
Damages for loss that cannot be exactly calculated, such as pain and suffering or injury to reputation.

These are general explanations to help you read the law, not legal advice.