General Legal Terminology PDF

# A. Legal Terminology ## 1A.1 General Legal terminology applies to all areas of legal practice. However, there will be those areas of practice where more specific terminology applies. In this section, general terminology is considered with other terminology being detailed under specific areas of...

# A. Legal Terminology ## 1A.1 General Legal terminology applies to all areas of legal practice. However, there will be those areas of practice where more specific terminology applies. In this section, general terminology is considered with other terminology being detailed under specific areas of practice. ## Terminology | Term | Definition | |--------------|-----------------------------------------------------------------------------| | action | A case which is commenced by a claimant against a defendant in a civil court. Many actions are started by the issue of a Claim Form. | | ad hoc | For this purpose. | | attendance note | A record of what was discussed and decided during a client interview. It is also a record of the time spent for accounting purposes. | | attestation clause | A clause in a document which confirms that the relevant party has executed the document. | | barrister | A person who has qualified by passing the examinations set by the Bar Council and has completed some practical training. | | bona fide | Sincere, in good faith. | | Chambers | Offices used by a barrister. | | chartered legal executive | A Fellow of the Chartered Institute of Legal Executives (FCILEx) has passed examinations set by CILEx and have had at least three years' experience working in a legal environment. | | CILEX | The Chartered Institute of Legal Executives is an awarding body and provides qualifications which include the Legal Secretaries' Certificate. It also sets the professional standards with which its members must comply. | | civil procedure rules | The rules which apply to Actions in the civil courts. They include management powers of the court to ensure that the Action proceeds without any undue delay. | | common law | The body of laws derived from judicial decisions rather than from statutes or constitutions. | | compos mentis | Stable, lucid, sane, mentally sound. | | confidentiality | Clients must have confidence that anything they say will not be casually discussed. | | conflict of interest | A solicitor is not usually able to act for both parties in a case. There would inevitably be a conflict of interest in that information obtained on behalf of one client could be used for the other. | | de facto | In reality, actually, in effect. | | delegated legislation | Parliament passes an ‘enabling Act’ which delegates to other people or organisations the authority to alter the law. For example, local authorities and public corporations can make by-laws. | | disclosure of documents | Parties to an Action must disclose to each other documents in their possession relating to that Action. This process is known as disclosure and is governed by the Civil Procedure Rules. | | draft | All documents are produced in draft first. This is a ‘working’ document which may be subject to discussions with the client, the other party’s solicitor or anyone who is concerned with the case. | | DX | Document Exchange. This is a private postal system used by solicitors and associated services, such as: building societies, banks, estate agents, courts etc. Lockers are provided in a Document Exchange (often a room within a local solicitor's premises) where documents are exchanged between firms in the same town or may be sent for onward transmission to other towns country-wide. | | endorsement | This is often called a backsheet. This is like the cover of a book – it wraps around the document and indicates the type of document – whose Will it is; who is transferring land to whom; who is changing his name etc. | | engrossment | The final version of a document with all the agreed alterations included. It will usually be in double line spacing, completely without error and ready for execution (signing). | | execution | When a document has been agreed and engrossed it is ready to be signed (executed) by all the parties to the document. | | ex officio | By benefit of office. | | fee earner | Anyone who earns fees for the firm (solicitor, FCILEX, trainee solicitor, clerk etc). | | hatching plans | Plans which are attached to documents will need to have the appropriate portion of land clearly indicated. This is often done by hatching (drawing diagonal lines across the area) or colouring or outlining. | | in absentia | While absent. | | in situ | In its place. | | judicial precedent (case law) | At the end of an important case the judge makes a speech (a judgment) stating the principles of law used to make the decision in the case. The decision may set a precedent and subsequent cases will then be judged on the same principles, using this precedent. | | law reports | In order to be able to follow previous decisions (judicial precedent), the decisions must be accurately recorded. Barristers report important cases in law reports such as All England Law Reports (All ER) and Weekly Law Reports (WLR). | | law society | The Law Society is the representative body for solicitors. It also determines how trainee solicitors should be qualified. When a solicitor qualifies, he is entered on the Roll of Solicitors. | | legal funding | The Legal Aid Agency oversees the public funding of legal services. Funding is subject to a merit test, a means test and other funding criteria. | | matter | Proceedings, other than Actions, are known as Matters. For example matrimonial matters. These are questions to be settled by the court. | | non sequitur | It does not follow. | | obiter dicta | Other things said. The judge may say other things in the summing up which are important, but do not set a precedent. They are comments said “by-the-way". However, these comments may be taken into account in future cases. | | per diem | Daily. | | per se | Taken alone, in itself. | | precedent | A precedent is something which serves as a model. The former decision serves as a model for future cases. | | pro bono | Done without charge in the public interest. | | pro forma | Done as a formality (for the sake of form). | | pro rata | According to the rate, in proportion. | | ratio decidendi | The reason for deciding. | | rights of audience | A right of a lawyer (barrister, solicitor or chartered legal executive) to appear and conduct proceedings in a court on behalf of a client. | | sewing | Although many firms use heat binding or other methods to secure multi-page documents, some firms still like their documents to be sewn up, using green tape for most types of documents but black for Wills. | | solicitor | Someone who has undertaken a prescribed course of study and passed examinations set by The Law Society. Solicitors deal with all aspects of the law, just as GPs deal with all aspects of health care. However, some may specialise in certain areas of law, such as conveyancing, probate, civil litigation, or criminal law. | | solicitor advocate | A qualified solicitor who has undertaken and passed an additional Advocacy qualification which allows rights of audience in the Crown and High Courts in much the same way as barristers work in those courts. | | stare decisis (et non quieta movere) | Let the decision stand (and do not unsettle the established). | | status quo | How things are currently, the existing state of affairs. | | statute | An Act of Parliament (ie a law passed by Parliament). A Bill is presented to Parliament, passes through several stages in both the Houses of Commons and Lords and finally is signed by the Queen. It is then Law. | | testimonium clause | The authenticating clause of a document (such as a deed) that typically begins "In witness whereof" and furnishes such information as when it was signed and before which witnesses. | | time recording | All Fee Earners’ time spent on clients’ cases is recorded so that it can be charged to the client on their final Bill of Costs. Fee Earners' time is often recorded in 6 minute units (10 to an hour). | | ultra vires | Beyond the powers. Delegated legislation or the actions of legal entities can be challenged if they have exceeded the powers which they have. | | verbatim | Exactly as said. | | versus | Against. | | vice versa | The order being reversed. |