| Legal Terms |
Explanation |
| Administrator/Administratrix |
The person appointed by a court to administer the
estate of the deceased who died without will. |
| Appellant |
The party who having lost part or all their claim
in a lower court decision is appealing to a higher court to have their case
reconsidered (eg High Court decision is being appealed to Court of Appeal). |
| Appellate |
The court that hears appeal from lower court and
has the right to review and revise the lower court’s decision. (eg Court of
Appeal). |
| Beneficiary |
A person or party who benefits from a will. |
| Certiorari |
It is a public law relief (i.e. something for which
you ask the court in order to deal with an action of the Government, council or
other (quasi)-governmental organisation.) . An order of certiorari is given by
a higher court to quash a decision of a lower court or other
(quasi)-governmental organisation. |
| Decree |
A decision or order of the court. A final decree is
one, which fully and finally disposes off the litigation. An interlocutory
decree is a preliminary decree that is not final. |
| Defendant |
The accused in a criminal case; the person from
whom money or other recovery is sought in a civil case. |
| Estate |
All a person’s asset and liabilities. |
| Ex-parte |
By or for one party only. Ordinarily, courts are
not allowed to engage in communication with one party only (ex-parte
communications). Both parties must be heard. |
| Executor |
The person named by the Testator to administer and
distribute the estate. |
| Fiduciary |
A person who has assumed a special relationship to
another person or another person’s property, such as trustee, administrator,
executor, lawyer, or guardian. The fiduciary must exercise the highest degree
of care to maintain and preserve the person’s rights and/or property which are
within his/her charge. |
| Good Faith |
One who takes a negotiable instrument in good
faith, takes it without knowledge of any defect in the title of the person
transferring it, or without reason to doubt the validity of such title. |
| Habeas Corpus |
A writ or order from the court to compel. |
| Hearsay Evidence |
A second hand knowledge. Generally admissible
subjected to special statutory provision. |
| Injunction |
A court order prohibiting and forbidding commencing
of certain action. |
| In personam |
Action or proceeding instituted by serving notice
to the affected party, and/or for the purpose of obtaining a judgement against
the other party. |
| Intestate |
A person who dies without leaving a will. |
| Interlocutory |
This is a judgement that cannot be questioned, but
can be considered if appealed. It is to determine an immediate issue raised
during procedure. |
| Judgement |
A person who has assumed a special relationship to
another person or another person’s property, such as trustee, administrator,
executor, lawyer, or guardian. The fiduciary must exercise the highest degree
of care to maintain and preserve the person’s rights and/or property which are
within his/her charge. |
| Lien |
A claim against property for payment of a debt,
such as mortgage lien. |
| Order of prohibition |
A prerogative writ issued from a higher court,
forbidding a lower court hearing a case which has been brought before the
latter, on the ground of lack of jurisdiction. |
| Plaintiff |
A person who filed the lawsuit. |
| Pre-emption right |
Where a company proposes to issue new shares,
existing shareholders may have the right to be offered a pro-rata part of the
new shares before they are offered to a new shareholder. |
| Precedent |
A rule of law that is established by an appellate
court in an earlier case serves as a binding precedent in all subsequent
similar cases. |
| Prima facie |
Literally means "on its face". A fact presumed to
be true unless disproved by some other evidence. In a criminal case, when the
prosecution rests, his case is said to be prima facie, if the evidence so far
introduced is sufficient to convict. |
| Probate |
A probate means a grant under the seal of the Court
authorizing the executor or executors named in a will to administer the
testator’s estate. |
| Power of Attorney |
Is a legal document whereby one person gives
another person or persons the power to act on his or her behalf with regard to
his or her property and financial affairs. |
| Quash |
To overthrow, vacate, annul or void a summons,
indictment, bindover order or subpoena. |
| Respondent |
The party to an appeal in which a lower court
decision is in its favor. |
| Testator |
The person making the will and must be at least 18
years of age and of sound mind. The "will", will only take effect upon the
death of the testator. |
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