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 Abatement:
A
reduction in some amount that is owed, usually granted by the person to
whom the debt is owed. For example, a landlord might grant an abatement
in rent. In estate law, the word may refer more specifically to a situation
where property identified in a will cannot be given to the beneficiary
because it had to be sold to pay off the deceased debts. Debts are paid
before gifts made in wills are distributed and where a specific gift has
to be sold to pay off a debt, it is said to "abate" (compare
with "ademption").
Abbacinare:
A barbaric form of corporal punishment meted out in the middle ages where
persons would be permanently blinded by the pressing of hot irons to the
open eyes.
Abduction:
To take someone away from a place without that person's consent or by
fraud. See also " kidnapping".
Abet:
The act of encouraging or inciting another to do a certain thing, such
as a crime.
Ab
Initio:
Latin: from the start.
Absolute:
Complete and without conditions. For example, a bankrupt, usually
after nine months receives an Absolute Order of Discharge, which means
all of his debts, with certain exceptions, are wiped out.
Abstract
of Title:
A chronological history of property showing the chain of title from its
original grant to the present ownership.
Acceleration
Clause:
Any clause in a contract which spells out that when certain actions are
taken, the clause comes into effect. A common acceleration clause
is the clause in a lease that says if a company goes into bankruptcy,
three months rent is due as a preferred claim.
Acceptance:
The act of accepting something, usually a contract. For example,
an offer is made to some person that that person buys certain goods for
a certain amount of money. If the person to whom the offer is made
agrees, then the offer is considered to be accepted.
Accessions:
Goods that are installed in or affixed to other goods.
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
(usually money and of a lesser value) in lieu of enforcing the contract
and holding the other party to their obligation.
Accretion:
The imperceptible and gradual addition to land by the slow action of water.
Acquiescence:
Action or inaction which binds a person legally even though it was not
intended as such.
Act:
A bill which has passed through the various legislative steps and, hence,
has become law.
Act
of God:
An event which is caused solely by the effect of nature or natural causes
and without any interference by humans whatsoever.
Ad
Colligendum Bona:
When a person dies and there is no apparent executor or administrator,
a person can be appointed by Court order and for the limited and sole
purpose of collecting, inventorizing and preserving the assets of the
deceased until an appropriate full-fledged administrator can be found
or appointed. This person is known as an administrator ad colligendum.
Ad
Damnum:
Latin: refers to the parts or sections of a petition that speaks to the
damages that were suffered and claimed by the plaintiff.
Action:
A proceeding in a Court of law where one person seeks a Court Order for
the enforcement of that person's or company's rights.
Addendum:
An attachment to a written document. For example, affidavits may be addendums
to a petition as a petition may be an addendum to a writ.
Ademption:
A reference to the fact that property identified in a will cannot be given
to the beneficiary because it no longer belonged to the deceased at the
time of death.
Adhesion
Contract:
A fine-print consumer form contract which is generally given to consumers
at point-of-sale, with no opportunity for negotiation as to it's terms,
and which, typically, sets out the terms and conditions of the sale, usually
to the advantage of the seller.
Ad
Hoc:
Latin: for this purpose; for a specific purpose.
Ad
Infinitum:
Latin: forever; without limit; indefinitely.
Ad
Litem:
Latin: for the suit. A person appointed only for the purposes of prosecuting
or defending an action on behalf of another such as a child or mentally-challenged
person. Also called a guardian ad litem.
Adjournment:
The delay or postponement usually to another time of a meeting or action.
Adjustment
Date:
The date on which parties agree that certain financial adjustments will
be made to a contract. For example, on the sale of property, there
is an adjustment date set which is the time for the costs, such as property
taxes, water, etc., to be apportioned between the purchaser and the vendor.
Administrative
Law:
Synonymous with "natural justice." Administrative law is that
body of law which applies for hearings before quasi-judicial or administrative
tribunals.
Administrator:
Bankruptcy Law: A Trustee or person appointed or designated by the Superintendent
of Bankruptcy to administer consumer proposals.
Deceased
Pesons: A person who administers the estate of a person deceased. Female
administrators are called "administratrix."
ADR:
Abbreviation for alternative dispute resolution.
Adverse
Possession:
The possession of land, without legal title, for a period of time sufficient
to become recognized as legal owner. The more common word for this is "squatters."
Affidavit:
A statement by a person in which the person states that to the best of
his or her knowledge, the facts in question are true. An affidavit
is sworn before a Notary, Commissioner for Taking Oaths, lawyer or some
other judicial officer who can administer oaths.
Affirmation
(Solemn ):
A solemn promise that has the same effect as a religious oath.
After
Acquired Property:
Property of a bankrupt acquired between the date of bankruptcy and prior
to the bankrupt's discharge from bankruptcy.
Agent:
A person who has received, usually by appointment, the power to act on
behalf of another.
Agent
- Section 427 of the Bank Act:
A person, usually a Trustee in Bankruptcy, appointed by a bank to realize
on its security as defined under Section 427 of the Bank Act. The
security covered is inventory.
Aggravated
Damages:
Special and highly exceptional damages awarded by a court where the circumstances
of the tortious conduct have been particularly humiliating or malicious
towards the plaintiff/victim.
Alimony:
An amount given to one spouse by another while they are separated or divorced.
Alienate:
To sell or give completely and without reserve; to transfer title to somebody
else. A voluntary conveyance of property, especially real property.
Allodial:
A kind of land ownership that is unfetterred, outright and absolute. It
is the opposite of the feudal system and supposes no obligation to another
(ie. a lord).
Allonge:
A piece of paper which has been attached to a contract, a cheque or any
promissory note, on which to add signatures because there is not enough
room on the main document.
Alternative
Dispute Resolution:
Also known as "ADR"; methods by which legal conflicts and disputes
are resolved privately and other than through litigation in the public
courts, usually through one of two forms: mediation or arbitration. The
advantages of ADR are speed and money: it costs less and is quicker than
court litigation. ADR forums are also private. The disadvantage is that
it often involves compromise.
Amalgamation:
The merging of two things together to form one such as the amalgamation
of different companies to form a single company.
Ambulatory:
Something which is not cast in stone; which can be changed or revoked,
such as a will.
Amend:
To change, to revise, usually to the wording of a written document such
as legislation.
Amicus
Curiae:
Latin: friend of the court. Refers more specifically to persons asking
for permission to intervene in a case in which they are neither plaintiff
or defendant, usually to present their point of view (or that of their
organization) in a case which has the potential of setting a legal precedent
in their area of activity.
Animus
Contrahendi:
Latin: an intention to contract.
Annulment:
To make void or to cancel.
Antedate:
To date back; retroactively. To date a document to a time before it was
written.
Antenuptial:
An event or document which pre-dates a marriage. For example, an "antenuptial
agreement" is one which is signed before marriage. A antenuptial
gift is a gift given by one spouse to the other before marriage.
Appeal:
To ask a more senior Court or person to review a decision of a subordinate
Court or person.
Appearance:
The act of showing up in Court as either plaintiff, defendant, accused,
or any other party to a Court action.
Appellate Practice:
Appellate practice refers to the procedure of conducting an appeal, whereby
a court decision is appealed to a higher court.
Application:
The act of making a request usually of the Court, for example, an application
to have a bankrupt discharged.
Appointment:
The act of designating, or the acquisition of some, responsibility or
position. For example, the Court can appoint a Trustee in Bankruptcy
as Receiver of some property.
Appurtenances:
Things attached to real property or, by their nature, belonging with real
property; e.g., an easement or a right of way.
Arbitration:
A dispute resolution mechanism, whereby an independent neutral third party
is appointed to hear and consider the merits of the dispute, and who renders
a final and binding decision called an award.
Arm's
Length:
The act of dealing with a person who is not a relative but an independent
third party.
Arrears:
The amount of money by which a contract or obligation is in default.
Assessment:
The valuing of a thing or property
Asset:
A thing, chattel, resource or item or piece of property owned or controlled
by a person or company.
Assign:
To give or to transfer responsibility to another.
Assignment
of Book Accounts:
The assigning by a company or business to a lender, usually a bank, the
interest that the person or company has in accounts receivables.
Assignment
into Bankruptcy:
The act of a person who places himself or his company into bankruptcy
pursuant to the Bankruptcy and Insolvency Act.
Atonement:
Satisfaction or reparation of a wrong or injury; to make up for errors
or deficiencies.
Attorn:
To turn over; e.g., rent; a tenant agrees to recognize a new party as
landlord.
Attorney:
An alternate word for lawyers or " barrister & solicitor",
used mostly in the USA.
Audi
Alteram Partem:
Latin: a principle of natural justice which prohibits a judicial decision
which impacts upon individual rights without giving all parties in the
dispute a right to be heard.
Autrefois
Acquit:
French word now part of English criminal law terminology. Refers to an
accused who cannot be tried for a crime because the record shows he has
already been subjected to trial for the same conduct and was acquitted.
A
Vinculo Matrimonii:
Latin: of marriage. The term is now used to refer to a final and permanent
divorce.
Avulsion:
Land accretion that occurs by the erosion or addition of one's land by
the sudden and unexpected change in a river stream such as a flash flood.
Avunculus:
Latin: a mother's brother. "Avuncular" refers to an uncle.
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