Law dictionary
Terms of art, defined, with the authority each rests on. A term means what the system you are in says it means — so every entry names its jurisdiction, or says plainly that it has none.
42 entries
Actus reusactus reus
The physical element of a criminal offence: the prohibited conduct, the circumstances in which it must occur and, where the offence requires it, the result. An omission suffices only where a duty to act exists.
Affidavit
A written statement of fact sworn or affirmed before a person authorised to administer oaths, used as evidence in court. A false statement in an affidavit may be perjury.
Apostille
A certificate issued under the Hague Convention of 1961 authenticating the origin of a public document — the signature, the capacity of the signatory and any seal — so that it is accepted in other contracting s…
Balance of probabilities
The standard of proof in civil proceedings: the tribunal must be satisfied that the fact is more likely than not to have occurred.
Beyond reasonable doubt
The standard of proof in criminal proceedings. The tribunal must be sure of guilt; it is not enough that guilt is probable.
Bona fidebona fide
In good faith. Denotes honesty of intention and absence of knowledge of a defect, as in a bona fide purchaser for value without notice.
Consideration
Something of value given by each party to a contract, which induces the other to enter into the agreement. It may be a benefit to the promisor or a detriment to the promisee, but it must move from the promisee …
Consideration
A bargained-for exchange. Under the Restatement (Second) of Contracts § 71, a performance or return promise is bargained for if it is sought by the promisor in exchange for the promise and given by the promisee…
Constructive dismissal
Where an employee resigns in response to a repudiatory breach of contract by the employer, the resignation is treated as a dismissal by the employer. The employee must not delay so long as to affirm the contrac…
Contract
A legally binding agreement between parties. In common law systems it generally requires offer, acceptance, consideration and an intention to create legal relations; civil law systems require agreement and, in …
Damages
A monetary award compensating a claimant for loss caused by a breach of duty. The general principle is to put the claimant in the position they would have been in had the wrong not occurred.
Discovery
The pre-trial process by which parties obtain evidence from one another, through document requests, interrogatories, depositions and requests for admission.
Due diligence
The investigation a reasonable person or business undertakes before entering a transaction, to verify facts and identify risks. In some statutory contexts it is also a defence, where the defendant shows they to…
Duty of care
The obligation to take reasonable care to avoid acts or omissions likely to injure a person so closely and directly affected that they ought reasonably to be in contemplation.
Estoppel
A rule preventing a party from asserting something contrary to what is implied by a previous action, statement or judgment, where another has relied on it to their detriment.
Fiduciary duty
A duty owed by someone who has undertaken to act for or on behalf of another in circumstances giving rise to a relationship of trust and confidence. Its distinguishing obligation is loyalty: the fiduciary must …
Force majeure
A contractual clause excusing a party from performance on the occurrence of events beyond their reasonable control. In civil law systems it may also operate as a general principle; in common law systems it exis…
Forum non conveniensforum non conveniens
A discretion to stay proceedings where another available forum is clearly more appropriate for the trial of the action in the interests of all parties and the ends of justice.
Frustration
A contract is discharged where, without fault of either party, an event renders performance radically different from what was undertaken. It does not apply merely because performance has become more expensive o…
Guarantee
A secondary obligation to answer for the debt or default of another, which depends on the principal obligation remaining enforceable. If the principal debt is discharged, so is the guarantee.
Habeas corpushabeas corpus ad subjiciendum
A judicial remedy requiring a person detaining another to produce the detainee before the court and justify the detention. If no lawful basis is shown, the court orders release.
Indemnity
An undertaking to make good a loss suffered by another. Unlike damages for breach, an indemnity is a primary obligation: the sum is payable on the event occurring, without proof of breach and generally without …
Injunction
An order requiring a party to do or refrain from doing a specified act. It may be interim or final, and breach is a contempt of court.
Jurisdiction
The authority of a court to hear and determine a matter. It has three senses: the territory to which a legal system applies, the scope of a court's power, and the choice of forum in a dispute with a foreign ele…
Limitation period
The period within which proceedings must be brought, after which the claim is time-barred. The period and its starting point vary by cause of action, and may be postponed for disability, concealment or later kn…