Legal Definitions for Dummies!
What most people don’t realise is that there is a whole other language being used in our day to day affairs. This is the languge of the Law Society or Legalese. You see any society can have there own language and set of rules, but if you don’t know this language how can you understand (stand-under) what is being asked of you?
Society
1. A society is a number of persons united together by mutual consent.
2. Societies are either incorporated and known to the law, or un-incorporated, of which the law does not generally take notice.
3. By civil society is usually understood a state, a nation or a body political.
4. In civil law, by society is meant a partnership.
Statute
1. Legislative act: an act passed by a legislative body.
2. A formal written enactment of a legislative authority that governs a county, state, city or county
3. Legislated rule of society which has the force of Law
A legislated rule of society given the force of law by the consent of the governed, a rule, as of a corporation. – From Black’s Law 4th Edition
Person
1. A corporation treated as having the rights and obligations of a person. Counties and cities can be treated as a person in the same manner as a corporation. However, corporations, counties and cities cannot have the emotions of humans such as malice, and therefore are not liable for punitive damages unless there is a statute authorizing the award of punitive damages.
Human Being:
human being See MONSTER.
Monster: A human being by birth, but in some part resembling a lower animal. A monster hath no inheritable blood, and cannot be heir to any land.
—Ballentine’s Law Dictionary (1930)
Oath:
Swearing the truth of a statement or promise, usually by an appeal to God to witness the truth
Default:
Failure to do something required by law, usually failure to comply with mandatory rules of procedure. For example, failure to file a legal document on time
Litigant:
A person such as a plaintiff or Defendant who is a party to a court or may employ a lawyer.
Ad Idem:
Indicates that the parties to a transaction are in agreement or the same option.
Affifavit:
A sworn statement in writing used mainly to support certain applications such as notices.
Claim:
A request to the court for a remedy or assertion of a right The term is used in certain documents, such as statement of claim.
Vexatious Action:
An action brought for the purpose of annoying the opponent and with no reasonable prospect of success.
Rule of the Road:
the popular English name for the regulations governing the navigation of vessels in public waters with a view to preventing collisions – From Black’s Law
Peace:
n. A state of public tranquility; freedom from civil disturbance or hostility . See peace treaty under TREATY (1). — peaceable, peaceful, adj.
Disturbance:
n. 1. An act causing annoyance or disquiet, or interfering with a person’s pursuit of a lawful occupation or the peace and order of a neighborhood, community, or meeting. [Cases: Breach of the Peace 1(3). C.J.S. Breach of the Peace § 4.] 2. At common law, a wrong done to an incorporeal hereditament by hindering the owner’s enjoyment of it.
Registration:
Transfering superior ownership to the entity accepting the registration. Once an item has been registered, you are no longer the OWNER (even though you will still be paying for the item), but instead you become the KEEPER. This includes cars, houses, children (who become ‘wards of the state’ by virtue of a birth registration), etc. (‘regis …’ = handing ownership to The Crown … which, by the way, is the British Crown in Temple Bar, and NOT Elizabeth II)
Notice:
An offer to contract
notice n. 1) information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and up-coming dates. Notice is a vital principle of fairness and due process in legal procedure, and must be given to both parties, to all those affected by a lawsuit or legal proceeding, to the opposing attorney, and to the court. In short, neither a party nor the court can operate in secret, make private overtures or conceal actions. Notice of a lawsuit or petition for a court order begins with personal service on the defendants (delivery of notice to the person) of the complaint or petition, together with a summons or order to appear (or file an answer) in court. Thereafter, if a party is represented by an attorney, notice can usually be given to the attorney by mail. If there is a so-called ex parte hearing (an emergency session with a judge with only the requesting party or his/her attorney present) the party wanting the hearing must make a diligent attempt to give notice to the other party. A court may allow “constructive” notice by publication in an approved legal newspaper of a summons in a lawsuit. Examples: in a divorce action, publication gives constructive notice to a spouse known to have left the state or hiding to avoid service; in a quiet title action, notice by publication is given to alert unknown descendants of a dead person who may have had an interest in the real property which is the subject of a lawsuit. Recordation of deeds, mortgages, deeds of trust, easements, leases and other documents affecting real property title give constructive notice to the general public, and thus “constructive” notice to anyone interested in the property, without delivering notice to individuals. 2) a writing informing a party to a contract, promissory note, lease, rental agreement or other legal relationship of a delinquency in payment, default, intent to foreclose, notice to pay rent or quit (leave), or other notice required by the agreement, mortgage, deed of trust or statute. 3) information. 4) being informed of a fact, or should have known based on the circumstances, as “he had notice that the roof was not water-tight.” (See: constructive notice, notice to quit, three-day notice)
Application:
A putting to, placing before, preferring a request or petition to or before a person. The act of making a request for something.
Apply: To make a formal request
Common Law:
A body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute common law of torts. Law that is not governered by statutes. Law that is tradition. Harm, Vandalize or Steal; everything is else is a sub category of those three things.
De Jure:
Descriptive of a condition in which there has been total compliance with the law.
Dishonor:
To refuse to accept or pay a draft or to pay a missory note when duly presented. To no longer be in a position of honour.
Duress:
Any unlawful threat or coercion used by a person to induce another to act in a manner he or she otherwise would not want. Subjecting person to improper pressure which overcomes his will and coerces huim to comply with demand to which he would not yield if acting as free agent.
Joinder:
Joining together or uniting two or elements in one. Uniting person/s and another person/s in some legal step or proceeding.
The Consent to an agreement or document by party who has an interest in that agreement or document.
Lawful: implies that it is authorized, sanctioned, or at any rate not forbidden, by law.
Legal: implies that is done or performed in accordance with the forms and usages of law.
Maritime Law: Maritime jurisdiction. The law relating to harbors, ships, and seamen, divided into a variety of subject areas, such as those concerning harbors, property of ships, duties and rights of masters and seams, contracts of affreightment, average, salvage etc. Also known as Admiralty. Not Law that governs the land
Must: This word is like “shall”. In the sense is used in anthithesis to “may”.
Acquisecence: A silent appearance of consent. Failure to make any objectives. Submission to an act of which one had knowledge.
Conditional Acceptance:
A conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that some changes are made in its terms or that some condition or event occurs. This type of acceptance operates as a counteroffer.
Additional Info:
http://legal-dictionary.thefreedictionary.com
http://www.4shared.com/dir/28376043/1d063c57/Law_Dictionaries.html
