Legal Definitions (from Tomboy notes)
Definitions include comments that help provide distinction between what might be encountered in legal proceedings as opposed to what might be prosecuted in a
common law claim. Some terms may not relate to English
Common Law directly but help in the understanding and expression of the law overall. Generally an attempt has been made to provide the meaning of a word from its Latin root and put into proper context its operation with respect to '
common law'; where one should attempt only to use words that are unambiguous and generally can only interpreted one way.
Ibid : used in formal writing to indicate that a reference is from the same source as a previous reference
◊ Ibid is an abbreviation of the Latin word “ibidem,” which means “in the same place.”
Id : abbreviation for idem is a Latin term meaning "the same, also, likewise" and used in legal citations to denote the previously cited source, and is also used in academic citations to replace the name of a repeated author.
ADR : Administrative Dispute Resolution.
ADJR : refers to the Administrative Decisions (Judicial Review) Act 1977
ANPR : Automated Number Plate Recognition
CCPA : the Children (Criminal Proceedings) Act 1987 (NSW); an act that deals with criminal matters pertaining to children not dealt with under the YOA Youth Offender Act in NSW. The outcome of any proceedings under the CCPA are recorded on the child's criminal record as opposed to the Court Alternative History that is expunged when the child turns 21.
ERISP : Electronically Recorded Interview of a Suspected Person
FTAO : Field Training and Assessment Officer; one who oversees the training and assessment of a probationary constable in the New South Wales Police Force.
ICCPR : International Covenant on Civil and Political Rights
JMOL : stands for "Judgement as a matter of law" and is a directed verdict flowing from a motion; claiming the opposing party has insufficient evidence to reasonably support its case.
OIC : refers to the "Officer in Charge" at a police station who is often referred to as the supervisor.
PAC : Police area command; refers to local police under the control of a Police area commander who holds the rank of superintendent; the PAC forms the backbone of services provided to the community made up of general duties police, detectives, and highway patrol officers. The PAC is supported by Duty Officers (Inspectors) who manage station issues and Team Leaders (Sergeants) who form the mobile supervisory patrols.
PCA : Prescribed Concentration of Alcohol; also known as "Blood Alcohol Concentration" (BAC)
TPR : Termination of parental rights
SLAPP : Strategic lawsuit against public participation see. Champerty & Maintenance. SLAPP is a lawsuit used to censor, intimidate and silence critics by burdening them with the cost of a legal defence.
SOP : Standard operating procedure.
LGU : Philippines; Local Government Unit. [wikipedia] Officially local government in the Philippines, often called local government units or LGUs, are divided into three levels – provinces and independent cities; component cities and municipalities; and barangays.
YJC : Youth Justice Conference; is part of a diversionary programme under section 5 of the Young Offenders Act 1997 in NSW
bigotry : intolerance towards those who hold different opinions from oneself.
command : From Old French
commander "to order, enjoin, entrust" (12c.), from Vulgar Latin
*commandare, from Latin
commendare "to recommend, entrust to" (see commend); altered by influence of Latin
mandare "to commit, entrust". Commands are given to soldiers, the members of a Police Force, or others representing various Government organisations. However a
man can only be asked to do something and cannot be commanded; he can accept and carry out the wishes of another man; but is due fare and just compensation as a result. If compelled to perform by way of words or actions he would fear to disregard he is again due fare and just compensation for the declared wrongs.
contemporaneous : existing at or occurring in the same period of time "Pythagoras was contemporaneous with Buddha"
jura personarum : the
rights of individuals.
protean : readily assuming different forms or characters; extremely variable. Websters gives the adjective Pertaining to Proteus; readily assuming different shapes.
interpolate : to renew; to begin again; from Latin interpolatus, past participle of interpolare "alter, freshen up, polish;". Murray Gleeson gives to refurbish or to modify.
probate : (v.) 1560s, "to prove," from probate (n.) or from Latin probatus, past participle of probare "to make good; esteem, represent as good; make credible, show, demonstrate; test, inspect; judge by trial." Specific sense of "prove the genuineness of a will" is from 1792. Related: Probated; probating. (n.)
"official proving of a will," c. 1400, from Latin probatum
"a thing proved," neuter of probatus
"tried, tested, proved," past participle of probare "to try, test, prove to be worthy" (see prove). [etymonline]
reprobate : early 15c., "rejected as worthless," from Late Latin reprobatus, past participle of reprobare
"disapprove, reject, condemn," from Latin re- "opposite of, reversal of previous condition" (see re-) + probare "prove to be worthy" (see probate (n.)). Earliest form of the word in English was a verb, meaning "to disapprove" (early 15c.).
pecuniary : c. 1500, from Latin "pertaining to money," from pecunia "money, wealth, property," from pecu "cattle, flock," from PIE root *peku "wealth, property, livestock"
ordre public : concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time.
ipso facto : Latin "by the fact itself " google gives "by that very fact or act" and sites the example
the enemy of my enemy is my friend, another example from wikipedia is "These prejudices are rooted in the idea that every tramp
ipso facto is a blackguard" saying by virtue of a condition; often groundlessly; another condition or state can be implied.
pro salute animæ : For the safety or good of the soul.
habendum : A habendum clause is a clause in a
deed or lease that defines the type of interest and
rights to be enjoyed by the grantee or lessee. In a deed, a habendum clause usually begins with the words "to have and to hold."
tenendum : conveyancing. This is a Latin word, which signifies to hold.
2. It was formerly that part of a
deed which was used to express the tenure by which the estate granted was holden; but since all freehold tenures were converted into socage, the tenendum is of no further use even in England, and is therefore joined to the habendum in this manner, "to have and to hold." The words "to hold" have now no meaning in our deeds. 2 Bl. Com. 298. Vide Habendum.
amotion : from
Wiktionary, Creative Commons Attribution/Share-Alike License
n. deprivation of possession.
from the GNU version of the Collaborative International Dictionary of English
n. Removal; ousting; especially, the removal of a corporate officer from his office.
n. Deprivation of possession. from
The Century Dictionary and Cyclopedia
n. Removal; ejection; ejectment from possession or office, as of an officer of a corporation.
n. Motion away from; a moving away; removal.
n. In law: An un
lawful taking of chattels.
n. The act of turning out an owner of an estate in
land before the termination of his estate.
n. In corporations, removal of an official of a corporation before the expiration of the term for which he was appointed.
vi et armis : Latin [by force and arms] ie
trespass vi et armis =
Trespass with violence
sue : from Latin sequi "follow", also from anglo-french suer "follow after, continue" Sense of "start a lawsuit against" first recorded c. 1300, on notion of "following up" a matter in court.
benefice : A permanent church appointment, typically that of a rector or vicar, for which
property and income are provided in respect of pastoral duties [google].
immutable : unchanging over time or unable to be changed. "an immutable fact"
res : Latin; things, thing, business
jus scriptum : Written law
leges : laws
similibus ad similia : according to the same, like things to like. Where it is used refering to judicial decisions in regards to like cases
jus : right, law, the right
maleficia : wrongdoing, crimes, witchcraft, misdemeanors, sorcery.
curia : Court, house, the senate. What is commonly known as curia regis, is the "court of the King" or "the King's court." [etymonline] (n.) c. 1600, one of the ten divisions of each of the three ancient Ro
man tribes; also "the Senate-house of Rome," from Latin curia
"court," perhaps from *co-wiria "community of men" (from PIE root *wi-ro- "man"). The sense was transferred to the papal court (by 1825). Related: Curial.
in facie curiae : [etymonline] "before the court," legal Latin, from ablative of Latin facies "form, face" (see face (n.)). + genitive of curia "court" (see curia).
jure divino : [etymonline]
"by divine right," Latin phrase, from ablative of jus
"law, right, justice" (see jurist) + ablative of divinus (see divine (adj.)).
gage : A valued object deposited as a guarantee of good faith (verb) offer (an object, or one's life) i.e. "a guide sent to them by the head
man of this place;
gaged his life as a forfeit if he failed"
messuage : a dwelling house with outbuildings and
land assigned to its use.
demise : conveyance or transfer of
property or a title by will or lease.
crime : The definition of a crime from Blackstones commentaries Book 4: Of Public wrongs as follows "A CRIME, or misdemeanour (summary offence, AU), is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.
pernicious : Having a harmful effect, especially in a gradual or subtle way. ie The pernicious influences of the Mass Media.
mala in se : "
wrong in itself" as distinct from
mala prohibita meaning "
wrong because it is prohibited". Mala in Se are wrongs in themselves; acts that are morally wrong; or offenses against conscience.
In Criminal Law, crimes are categorised as either mala in se or mala prohibita, a term that describes conduct that is specifically forbidden by laws. Although the distinction between the two classifications is not always clear, crimes mala in se are usually common-law crimes or those dangerous to life or limb.
Battery and grand larceny or petit larceny are examples of offences that courts have held to be mala in se.
rob : from old French Rober "rob, steal, pillage, ransack, rape".
appearance : from appear "to see" meaning to understand [common law mini dictionary] ie.
how does it appear to you ?. (n.) with respect to the law and courts; in general, it is not simply the act of being evidenced before a court; an appearance is extended to be understood as the manner in which one chooses to appear. From the perspective of the law society, and courts; unless stated otherwise it is presumed you are appearing as the defendant where your
rights extend as far as the law, or contract before the court. If you choose however to appear as a
man answering from the claims side of the court; another
man is then required to appear giving voice or verifying his
claim against you; here the distinction is made with a
complaint where the implication of the word 'complaint' speaks of it's insufficiency with regard to there being no
man able to substantiate under oath what is stated with reference to the entity from where the
complaint was issued. So; appearance in a court can be said to be the same in each case but different by virtue of the jurisdiction in which you choose to stand wether it be
common law or subject to the legalities and wiles of the English
Common Law and equity.
ignominious : from Latin "disgraceful, shameful" from ignominia "disgrace, infamy, loss of a (good) name,"
distrain : the seizing of
money or goods in
order to satisfy compensation in restitution for a debt, for the payment of rent, or other
money owed. The word distrain it would seem is the physical action the result of which attachment was the cause.
encomium : A speech or piece of writing that praises someone or something highly. Similar to a panegyric being a public speech or published text in praise of something or someone
oligarchy : A small group of people having control of a Country or organisation. Made mention of in Blackstone's commentaries when describing the state of affairs following the disuse of a trial by Jury.
person : The following narration gives insight into the definition of a person. man: Are you looking for the
person known as balraj
man ?. The
person known as Balraj
Man is before this court. court clerk: how is this so ?. The
man and the
person are both before this court. A
person has duties, obligations and responsibilities which he
must uphold according to his rank within a society, if he fails in this duty he is then subject to the penalties, fines, sanctions, and the like associated with the society. However if a
person is not a member of a society ie the legal society he has no obligation to perform to that which he has not ascribed nor understands.
intemperance : lack of moderation or restraint.
doli capax : capable of guile
doli incapax : incapable of guile
guile : sly or cunning intelligence or deceit extending to wile, fraud, ruse, trickery as given by etymonline.
malignity : from Latin malignitas "ill-will, spite," from malignus "mean, unkind"
affray : is taken from the word affraier, "to terrify" and considered the fighting of two or more persons in a public place to the terror of his Majesty's subjects, however if the fighting is in
private it is not considered affray but assault.
unlawful assembly : where three or more persons gather together to perform an un
lawful act. An un
lawful assembly is only considered so if the participants gathered together intentionally but did part before carrying forward with their intentions. Un
lawful assemblies if attended by greater than eleven persons were considered prosecutable as a capital offence, but if under eleven the penalty was fine or imprisonment.
riot : is where three or more do an un
lawful act of force and violence either with or without a common cause or quarrel.
pillory : Figurative sense of "expose publicly to ridicule or abuse"
posse comitatus : Power of the Country
ex post facto : Latin for "after the fact" referring to prosecuting a previous crime, misdemeanour or some type of civil
complaint or increasing the penalties thereof under present laws that under previous laws where considered legal or not unlawful.
invitation to treat : [Contract Law] When a
person by words or actions offers information which could be in the form of an advertisement so others are aware there is a willingness to negotiate. A
person making an invitation to treat does not intend to be bound as soon as it is accepted by the
person to whom the statement is addressed.
pluries : short for pluries capias; being a third or subsequent writ of attachment, issued when previous writs have proved ineffectual.
discharged : indicates a case is finalised in its entirety the defendant being freed of any obligation to the original bill.
With Prejudice : Refers to a Court case that is over and done with, being dismissed/discharged permanently unable to be retried at a later date.
Blacks Law Dictionary gives; With loss of all rights; in a way that finally disposes of a party’s
claim and bars any future action on that
claim <dismissed with prejudice>. See dismissal with prejudice under DISMISSAL (1). When signing a document “with prejudice” it is with the intention whatever was written is binding never to be negotiated or challenged; where normally what is implied by the document negates the need to sign in such a way.
Without Prejudice : In court A case dismissed without prejudice means the opposite. It is not dismissed forever. The
person whose case it is can try again. In terms of documents and contracts Without Prejudice is used by a party expressing a willingness to negotiate the process of dispute resolution but stating this willingness to compromise cannot be used against them at a later date in court should negotiations fail.
consideration : Is offered in terms of contracts in exchange for money, goods or a service and very much entrenched in the
common law doctrine.
heads of terms : clarifying information or statements conveyed to a party that are not meant to be legally binding but with a view to entering into a contract.
adequacy : In contract law is said to be the subjective fairness or equivalence of some type of consideration.
sufficiency : is consideration that meets the test of
common law, or what is considered with respect to natural reason and good conscience.
accord and satisfaction : An agreement to terminate a contract where the accord is the terms and satisfaction the legal consideration; where the previous contract becomes subject to the terms of the accord. It can also be viewed in law as a method of discharging a
claim whereby the parties agree to give and accept something in settlement of the
claim and perform the agreement, the accord being the agreement and the satisfaction its execution of performance, and it is a new contract substituted for an old which is thereby discharged, or for an obligation a Cause of Action which is settled, and
must have all of the elements of a valid contract.
commerce : Latin; trade, trafficking. Literally com together + mercis merchandise.
custody : from Latin custodia "guarding, watching, keeping"
accessory after the fact : By way of example; where before a judge you may have either directly, or by virtue of a pleading, claim, or complaint; reported a theft; where if the Judge would refuse to
recognise a crime had been committed can be held liable as an accessory after the fact, however with respect to a
common law claim it would be the liability associated with a
trespass of right where by because of the inactions of the
man acting as a Judge you where caused harm, or similar
[cf. accessory after the fact].
accessory : Someone aiding in or contributing to the commission or concealment of a felony, e.g. by assisting in planning or encouraging another to commit a crime (an accessory before the fact) or by helping another escape arrest or punishment (an accessory after the fact). An accessory, unlike an accomplice, is typically not present when the crime is committed.
accomplice : A
person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal. An accomplice, unlike an accessory, is typically present when the crime is committed.
persona grata : an acceptable person; from
persona "outward or social personality" +
grata "acceptable, pleasant, welcomed". In contrast to persona non grata an unacceptable
person (plural personæ non gratæ). The term was orginally used by Governments in denoting acceptable diplomatic representatives.
quare : the word has no definition from etymonline however the Google Latin translation is "why, wherefore, from what cause, for which reason". Quaere is legal Latin, literally meaning "inquire" or "query". In legal drafting it is used to indicate the
person expressing the view that precedes the phrase may not adhere to the hypothesis following it, where following statements investigate or offer a hypothesis in contrast or in opposition to what was previously stated.
ancillary : In support of, subservient, subordinate, serving as an aid. The word comes from Latin ancillaris relating to maidservants, or from ancilla "hand maid". In terms of the law it is only used to express the position or body of law in relation to another section of the law ie the law of Equity is ancillary to the
common law.
socage : a feudal tenure of
land involving payment of rent or other non-military service to a superior. [wordnik.com] a tenure of lands in Eng
land by the performance of certain determinate service: distinguished both from knight-service, in which the render was uncertain, and from villeinage, where the service was of the meanest kind: the only freehold tenure in Eng
land after the abolition of military tenures. The service
must be certain, in
order to be denominated socage, as to hold by fealty and twenty shillings rent.
Open Communication : a communication that is not subject to the evidence act or
common law and is used when expressing your intention that the communication between you and another party cannot be used in evidence should a court case at some time eventuate.
violate : a boundary one crosses intentionally without regard to good conscience in terms of the
property of another, or what is considered in the eyes of the community as sacrosanct;
Karl Lentz gives the verb
violate as entering into, or placing something into something or somebody in a sexual sense where this definition could be almost medieval as it does not appear in most books on etymology.
escutcheon : A shield or emblem bearing a coat of arms. Also a flat ornamental peice of protective metal around a keyhole, door handle, or light switch.
corporal : "of or belonging to the body" late 14c. From Latin corporalis "pertaining to the body". As in corporal punishment "punishment of the body"
epithet : "descriptive name for a
person or thing," 1570s, from Middle French épithète or directly from Latin epitheton (source also of Spanish epíteto, Portuguese epitheto, Italian epiteto), from Greek epitheton "an epithet; something added," noun use of adjective (neuter of epithetos) "attributed, added, assumed," from epitithenai "to add on," from epi "in addition" (see epi-) + tithenai "to put, to place," from reduplicated form of PIE root *dhe- "to set, put." Related: Epithetic; epithetical. [comment] an epithet to a speech would be something "placed in addition" to what has already been stated.
licentious : Promiscuous and unprincipled in sexual matters. Also "morally unrestrained," 1530's from Medieval Latin
licentiosus "full of license, unrestrained" and from Latin
licentia "freedom, liberty," in both a good and a bad sense. 'unrestrained, wanton, licentious
pusillanimous : early 15c., from Late Latin
pusillanimis "having little courage" and Latin
pusillis "very weak, little"
pejorative : literal "depreciate, disparaging, make worse" used in terms of defining words where the pejorative of "Latin; 'mulum' mule" is ass, or idiot.
deleterious : 1640s, from Medieval Latin deleterius, from Greek deleterios "noxious," from deleter "destroyer," from deleisthai "to hurt, injure." Related: Deleteriously; deleteriousness
defraud : "to defraud, cheat" is the verb of action used when describing how you where trespassed against in an active manner by way of some artifice or device.
non est factum : used in contract law meaning "It is not [my] deed" and is a defence stating you signed a contract relying upon the advice of others because of some disability in being able to read or interpret the terms and conditions of the contract. This in many cases involves an unwitting parent who because of language difficulties or impediment is signatory to a contract believing it represents one thing where something entirely different was the case.
insubordin
statute of frauds :
Statute of stapples :
dare : In contract law 'dare' means to bare liability; where you are willing to assume or take on the liability of the contract before the court. Black's Dictionary 2nd edition gives Dare. Lat. In the civil law. To transfer property. When this transfer is made in
order to
discharge a debt, it is
datio solvendi animo (The giving of the intention of paying); when in
order to receive an equivalent, to create an. `obligation, it is
datio contrahendi animo (The gift of the heart to contract); lastly, when made
donandi animo (Latin: the spirit of giving), from mere liberality, it is a gift,
dono datio (a gift to).
parol evidence rule : a rule in contract law preventing a party to a written contract from entering ambiguous extrinsic evidence that may have been in the form of the terms and conditions, or the contractual negotiations of a different contract into the terms of the contract under review that in the first instance appears whole and complete and intended as the final expression of agreement between the parties.
caption and asportation : Larceny is a crime involving the un
lawful taking of the personal
property of another
person or business. ... However, larceny remains an offence in parts of the United States and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property.
incongruent : from Latin incongruentum meaning inadequate or of inadequate understanding; however the antonym
congruent means harmoniously joined, related, in agreement, corresponding, appropriate, or corresponding in character or kind.
congruent : in agreement with or in harmony with in terms of ones intentions or way of thinking. [etymonline] early 15c., "suitable, proper, harmoniously joined or related," from Latin congruentem (nominative congruens) "agreeing, fit, suitable," present participle of congruere "agree, correspond with," literally "to come together," from assimilated form of com "with, together" (see con-) + a lost verb *gruere, *ruere "fall, rush," which de Vaan traces to a PIE *ghr(e)uho- "to rush in."
gratuitous : 1650s, "freely bestowed," from Latin gratuitus
"done without pay, spontaneous, voluntary," from gratus "pleasing, agreeable," from gratia "favor" (from suffixed form of PIE root *gwere- (2) "to favor"). Earlier was gratuital (1590s). Sense of "uncalled for, done without good reason" is first recorded 1690s
quae corum nobis resident : which [things] remain in our presence.
culpable : late 13c., coupable, from Old French coupable (12c., Modern French coupable), from Latin culpabilis "worthy of blame," from culpare "to blame," from culpa "crime, fault, blame, guilt, error." English (and for a time French) restored the first Latin -l- in later Middle Ages.
encumbrance : c. 1300, "trouble, difficulty; ensnarement, temptation," from Old French encombrance "encumbrance, obstruction; calamity, trouble," from encombrer (see encumber). Meaning "that which encumbers, impediment, obstacle" is from late 14c. in English.
encumber : early 14c., "burden, vex, inconvenience," from Old French encombrer "to block up, hinder, thwart," from Late Latin incombrare, from in- "in" (from PIE root *en "in") + combrus "barricade, obstacle," probably from Latin cumulus "heap" (see cumulus). Meaning "hinder, hamper" is attested in English from late 14c. Related: Encumbered; encumbering.
jura personarum : Blackstones gives this as the
rights of men or persons; and the same is given in Ballentines
law dictionary. Though William Blackstone distinguishes these as the
rights of persons in their natural state; these
rights extend only as far as the municipal laws would concede and are in contradistinction to the
rights of
man according to law.
posterior : Later in position in a series or course of action; coming after.
devise : leave something "usually real estate" to someone according to the terms of a will.
inveterate : having a particular habit, activity, or interest that is long established and unlikely to change; such as an "inveterate gambler". Synonyms are ingrained, deep-seated, deep-rooted, deep set, entrenched, established, long established, congenital.
perpetuities : bonds or other security's with no fixed maturity date.
prescription : The method of acquiring an easement upon another's real
property by continued and regular use without the permission of the
property owner for a period of five years or more as required by the law of the state; prescription can also be seen in more general terms as the role the passage of time plays in the making and ending of certain rights.
intendment : The true or correct meaning intended to be interpreted by the law, a Constitution, or an act of Parliament
codicils : additions or supplements that explain, modify, or revoke a will or part thereof.
chimerical : unreal; imaginary; visionary e.g. a chimerical terrestrial paradise. The word is indicative of an unchecked or wildly fanciful imagination such as may give rise to imaginary characters found in children's books, or notions of creating for example a Utopian existence on the planet Mars.
nullum tempus : Literally [Latin; no time] or
[nullum tempus occurrit regi: no time runs against the King] is a principle under
common law that Governments have used to bring suits for damages that would otherwise be barred by the statute of limitations.
pro salute animæ. : for the salvation of the soul.
salutary : producing a beneficial effect or being healthy, whole, or well-kept
de son tort : French [Of his; or his own wrong] can refer to various roles or positions such as a trustee, or the executor of an estate who is not formally appointed but takes on the position in some cases but not always to perpetrate some type of fraud; and where the position requires the
person owe a fiduciary duty they cannot assert there is no obligation to carry out these duties and as such assume all the liabilities of the position as if they where duly appointed.
Vide Executor de son tort : French '
empty executor of the wrong' refering to an unlawfully or illegally self appointed executor of an estate who has no power to act on behalf of the deceased.
extant : still in existence or still surving; ie. can be literature or music that has survived through history to the present time cited from original or verified copies of manuscripts.
per minas : [Latin; by, or by the means of threats] in British
common law, to engage in behaviour "by means of menaces or threats".
mort minas : Latin; death threats
moratorium : a temporary prohibition usually related to some type of commercial activity overseen by statute. Synonyms are embargo, ban, prohibition, suspension, postponement, stay, stoppage, halt, freeze, standstill, respite, hiatus, delay, deferment.
appellation : A name, title, or designation. It can also refer to an appeal for some type of aid, or from a lower authority to a higher authority
inquisition post mortem : i.q.m or Inq.p.m the Latin meaning inquisition after death and was originally a feudal concept regarding the review of an estate after the death of a tennant in chief.
representation : a presentation of fact; either by words or by conduct made to induce someone to act. Black's
Law Dictionary 9th Ed 2009
beguile : is a word of action most often used with an object ie. he was
beguiled of his
possessions and means to take something away from someone through cheating or by deception with its early meaning being to "
delude by artifice" or entertain with pastimes with a sense of being taken away or distracted from the truth.
deceive : c. 1300, from Old French decevoir "to deceive" (12c., Modern French décevoir), from Latin decipere "to ensnare, take in, beguile, cheat," from de- "from" or pejorative + capere "to take," from PIE root *kap- "to grasp." Related: Deceived; deceiver; deceiving.
ore tenus : [Latin; literally means
by word of mouth] In court it refers to evidence presented orally or by word of mouth.
abeyance : A lapse in succession during which there is no
person in whom title is vested. In the law of estates, the condition of a freehold when there is no
person in whom it is vested. In such cases the freehold has been said to be in nubibus (in the clouds), in pendenti (in suspension), and in gremio legis (in the bosom of the law). Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance. A condition of being undetermined or in a state of suspension or inactivity. In regard to sales to third parties of
property acquired by county at Tax Sale, being held in abeyance means that certain
rights or conditions are in expectancy.
For example, until an
order of foreclosure is granted by a court, a mortgagee does not have title to the
property of a delinquent debtor that is the subject of a mortgage in those jurisdictions that follow the
lien theory of mortgages. Abeyance can also loosely mean and is legal jargon for
'undetermined'.
expedient : advantageous, fit, proper to a purpose, useful or beneficial; but can also be seen as The means of attaining an end; giving heed more to convenience rather than wether the means used is possibly improper or immoral.
artifice : "crafty device, trick" is from 1650s. usually expressed as an "artifice or scheme" where someone has defrauded you out of a sum of
money or has caused you
harm as a result.
ACC : an abbreviation for "Authenticated Certified and Complete Copy" and refers to court case files authenticated and certified as complete by a counter clerk in a court office which may be in contradistinction to what was provided or what is claimed to have been provided to a defendant pending a trial by the plaintiff or prosecution.
action on the case : usually related to an indirect action where Negligence has played a role and because of its broad application and widespread use in the common-law system gave birth to the modern law of TORTS.
sum certain : A sum certain is a specified and set amount of
money owed by one
person to another. It is a legal term of art, having specialised meaning in law. Some kinds of legal claims cannot be brought at all unless the sum certain can be plead. A document claimed to be a negotiable instrument cannot be negotiated unless it is for a sum certain. A sum certain appears as a written amount and in figures ie. the sum of one-hundred-thousand twenty-seven-dollars thirty-eight-cents ($100,027.38)
inchoate : incomplete; from Latin incohatus ("begun, unfinished"); that is recently started but as yet to be fully formed; only elementary or immature.
inchoate offence : Is the actions carried out in preparation or preliminary to a crime; that is to say actions in the lead up to a crime yet to be carried out or brought to completion. A common example of an inchoate offence is that of "attempt" and defined as "Conduct deemed criminal without actual
harm being done, provided that the
harm that would have occurred is one the law tries to prevent."
inchoate instrument : Inchoate instrument means an unregistered, unrecorded instrument that becomes effective to third parties only when the instrument is recorded. For instance, a
deed which is valid between parties to the
deed will become effective as against the world, only when it is recorded. Therefore, until such
deed is registered, it is a inchoate instrument.
presentment : [contracts] The act of presenting a
bill or a note for payment. [criminal law Bouviers online 1856] The written notice taken by a grand jury of any offence, from their knowledge or observation, without any
bill of indictment laid before them at the suit of the government.
preservation : keeping safe from harm; avoiding injury. This term always presupposes a real or existing danger.
rebuttal : evidence introduced to counter, disprove or contradict the opposition's evidence or a presumption, or responsive legal argument.
rebut : disprove, dispute, defeat, counter, refute or take away the effect of.
Butterworths Law Dictionary
stranger : contracts; A
person who is not privy to an act or contract; example, he who is a stranger to the issue,
shall not take advantage of the verdict. It could be also that a stranger may be an attorney who cannot make statements in evidence being no party to a controversy.
information : [US Blacks Law Dictionary 5th Edition] An accusation exhibited against a
person for some criminal offence, without an indictment. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand Jury on their oath. A written accusation made by a public prosecutor, without the intervention of a grand jury, Salvall v Sharky, 108.I. 63, 271 A.2d 814, 817. In most states the information may be used in the place of a grand jury indictment.
silence : The state of a
person who does not speak, or of one who refrains from speaking. 2. Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent
person is bound in good faith to explain himself, in which case, silence gives consent.
argument : practice. Cicero defines it ii probable reason proposed in
order to induce belief. Ratio probabilis et idonea ad faciendam fidem. The logicians define it more scientifically to be (a means, which by its connexion between to extremes) establishes a relation between them. The verb 'argue' is the frequentative of arguere "make clear, make known, prove, declare, demonstrate," from PIE *argu-yo-, from root *arg- "to shine, be white, bright, clear"
defendant : [US Blacks Law Dictionary 5th Edition] The
person defending or denying; the party against whom relief is sought in an action or suit or the accused in a criminal case. Defendare. To answer for; to be responsible for.
individual : (adj.) early 15c., "one and indivisible, inseparable" (with reference to the Trinity), from Medieval Latin individualis, from Latin individuus "indivisible," from in- "not, opposite of" (see in- (1)) + dividuus "divisible," from dividere "divide" (see divide (v.)). Original sense now obsolete; the word was not common before c. 1600 and the 15c. example might be an outlier. Sense of "single, separate, of but one
person or thing" is from 1610s; meaning "intended for one person" is from 1889.
(n.) "single object or thing," c. 1600, from individual (adj.). Meaning "a single hu
man being" (as opposed to a group, etc.) is from 1640s. Colloquial sense of "person" is attested from 1742. Latin individuum as a noun meant "an atom, indivisible particle," and in Middle English individuum was used in sense of "individual member of a species" (early 15c.).
reversion & remainder : [reversion :
Any future interest kept by a person who transfers property to another.]
A reversion occurs when a
property owner makes an effective transfer of
property to another but retains some future right to the property. For example, if Sara transfers a piece of
property to Shane for life, Shane has the use of the
property for the rest of his life. Upon his death, the
property reverts, or goes back, to Sara, or if Sara has died, it goes to her heirs. Shane's interest in the property, in this example, is a life estate. Sara's ownership interest during Shane's life, and her right or the right of her heirs to take back the
property upon Shane's death, are called reversionary interests.
A reversion differs from a remainder because a reversion arises through the operation of law rather than by an act of the parties. A remainder is a future interest that is created in some
person other than the grantor or transferor, whereas a reversion creates a future interest in the grantor or his or her heirs. If Sara's transfer had been "to Shane for life, then to Lily," Lily's interest would be a remainder.
dedimus potestatem : [Latin for "we have given the power"] is a writ whereby commission is given to one or more
private persons for the expedition of some act normally performed by a judge; such as the administration of oaths and taking answers for defendants, and the oaths of office for justices of the peace.
Statutum Tricesimo primo Caroli Secundi Regis : We are here in the name of Jesus Christ and King Charles.
breach of statutory duty : a cause that asserts an injury was the result of an action, inaction or breach with respect to an act of Parliament.
omnibus : [Latin; all] everything, everyone, for all, any. [etymonline] (n.) 1829, "long-bodied, four-wheeled public vehicle with seats for passengers," from French (voiture) omnibus "(carriage) for all, common (conveyance)," from Latin omnibus
"for all," dative plural of omnis "all" (see omni-). Introduced by Jacques Lafitte in Paris in 1819 or '20, used in London from 1829.
As an adjective, in reference to legislation, "designed to cover many different cases, embracing numerous distinct objects," recorded from 1835; in U.S., used especially of the Compromise of 1850. Noun meaning "
man or boy who assists a waiter at a restaurant" is attested from 1888 (compare busboy).
intitule : give a specified title to (an Act of Parliament).
capitalise : to take advantage of - To use to ones own advantage.
contemnor : A
person or entity who is guilty of contempt before a judicial or legislative body.
conusance : Is the acknowledgement of jurisdiction; where conusance is given the claimants court if a defendant or wrongdoer would choose to present a defence as belonging to a jurisdiction contrary to that of the
man making the claim; in this case a
claim of conusance would shift jurisdiction back to the claimants court; where the court making the
claim would
require facts and evidence argued, or in defence; be verified by a
man viva voce under oath or affirmation, or if the
man chooses to present no defence what is claimed stands as true.
coupon : historically refers to a physical coupon on a
bond certificate that when clipped and returned to the issuer is discharged by the issuance of an interest payment; usually every six months; however with the advent of computers this practice has become less common.
malignity : from Latin malignitas "ill-will, spite," from malignus "mean, unkind"
pernicious : from Latin perniciosus "destructive," from pernicies "destruction, death, ruin," from per "completely" (see per) + necis "violent death, murder," related to necare "to kill," nocere "to hurt, injure, harm," noxa "harm, injury."
sight draft : A sight draft is a type of
bill of exchange, in which the exporter holds the title to the transported goods until the importer receives and pays for them. Sight drafts are used with both air shipments and ocean shipments for financing transactions of goods in international trade. Unlike a time draft, which allows for a short-term delay in payment after the importer receives the goods, a sight draft is payable immediately.
Read more: Sight Draft
https://www.investopedia.com/terms/s/sight-draft.asp#ixzz5C5UaRz00
voir dire : Is a French term derived from Latin
verum "that which is true" William Blackstone referred to it as
veritatem dicere, which was translated by John Winter Jones as
"To speak the truth" and was in reference to an oath given to "speak truly". In Australia it refers to a preliminary hearing at the request of a moving party to determine what evidence; usually gathered by the police; can be included at a subsequent trial. In many jurisdictions in
order to ensure the selection of a fair and impartial jury it is the preliminary examination of prospective jurors to determine their qualifications and suitability. A voir dire also describes a interlocutory inquiry, or trial within a trial; aside from the main cause of action: being the preliminary examination of a prospective witness whose competency or qualifications have been brought into question.
https://www.gotocourt.com.au/criminal-law/voir-dire/
injunction : an authoritative warning or order. A judicial
order restraining a
person from beginning or continuing an action threatening or invading the legal right of another, or compelling a
person to carry out a certain act, e.g. to make restitution to an injured party.
[lawexplores.com] An injunction is an
order of the court directing a party to the proceedings to do or refrain from doing a specified act. There are several different types of injunctions. An injunction may be ‘prohibitory’, i.e. forbidding the performance of a particular act; or ‘mandatory’, i.e. ordering the defendant to do a particular act. Injunctions could also be classified as ‘perpetual’, i.e. following the final determination of the
rights of the parties or, until recently, as ‘interlocutory’ (now referred to as ‘interim’), i.e. pending the determination of
rights at the trial. In addition, a ‘quia timet’ (literally, ‘because he fears’) injunction could be obtained where the claimant fears that damage may occur in the future.
Internet reference:
https://lawexplores.com/equitable-remedies-of-injunctions-and-specific-performance/
agency : 1650s, "active operation;" 1670s, "a mode of exerting power or producing effect," from Medieval Latin agentia, abstract noun from Latin agentem (nominative agens) "effective, powerful," present participle of agere "to set in motion, drive forward; to do, perform," figuratively "incite to action; keep in movement" (from PIE root *ag- "to drive, draw out or forth, move"). Meaning "establishment where business is done for another" first recorded 1861. [etymonline]. 'Agency' can also be seen as an action or intervention producing a particular effect; synonyms: action, activity, effect, influence, force, power. Or a business or organisation providing a particular service on behalf of another business, person, or group.
allude : [etymonline] early definitions have "to mock, to play, make fun of, joke, jest" but its modern use is in the sense of making of an indirect reference, or to point in passing. Google gives "to suggest or call attention to indirectly"
annuity : an investment that yields fixed sum payments annually either for life or a specified term. Generally annuities are used as an income stream for retirees guaranteeing a fixed income for life.
moiety : each of two parts into which a thing is or can be divided ie. two groups into which a society is divided either along social or ritualistic lines; or by way of class distinctions etc. A moiety can also be seen in chemistry as part of a molecule as being separate from but still remaining part of a whole.
detinet : [Latin; withholds] refers to a common-law action alleging a defendant is withholding
money or items owed (as under a contract).
debt : The legal acceptation of
debt is a sum of
money due by a certain and express agreement: as, by
bond for a determinate sum; a bill, or note; a special bargain; or rent reserved on a lease; where the quantity is fixed and specific, and does not depend upon any subsequent valuation to settle it. The non payment of these is an injury, for which the proper remedy is by action of
debt (F.N.B 119.) to compel the performance of the contract, and recover the specific sum due [Tomlins].
detinue : In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor.
exemplary : 1580s, "fit to be an example," from Middle French exemplaire, from Late Latin exemplaris "that serves as an example, pattern, or motto," from exemplum "example, pattern, model" (see example). Earlier (early 15c.) as a noun meaning "a model of conduct," from Late Latin exemplarium.
exemplary damages : often called punitive damages, are damages requested and/or awarded in a lawsuit when the defendant's wilful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless. Examples of acts warranting exemplary damages: publishing that someone had committed murders when the publisher knew it was not true but hated the person; an ex-husband trashes his former wife's auto and threatens further
property damage; a stockbroker buys and sells a widow's stocks to generate commissions resulting in her losing all her capital (money). These damages are awarded both as a punishment and to set a public example. They reward the plaintiff for the horrible nature of what he/she went through or suffered. Although often requested, exemplary damages are seldom awarded. There have been major awards in egregious (remarkable or outstanding) cases, such as fraud schemes, sexual harassment or other intentional and vicious actions even when the provable actual damages were not extensive.
punitive : 1620s, "inflicting or involving punishment," from French punitif (16c.) or directly from Medieval Latin punitivus, from Latin punitus, past participle of punire "to punish, correct, chastise" (see punish).
quasi : resembling in essence, and form, but not having the plenary or complete features of.
assumpsit : (“he has undertaken,” from Lat. assumere), a word applied to an action for the recovery of damages by reason of the breach or non-performance of a simple contract, either express or implied, and whether made orally or in writing. Assumpsit was the word always used in pleadings by the plaintiff to set forth the defendant’s undertaking or promise, hence the name of the action. Claims in actions of assumpsit were ordinarily divided into (a) common or indebitatus assumpsit, brought usually on an implied promise, and (b) special assumpsit, founded on an express promise. Assumpsit as a form of action became obsolete after the passing of the Judicature Acts 1873 and 1875.
non assumpsit : can be a defence to an action for assumpsit where the defendant alleges he made no promise or gave no undertaking to carry out the terms of a contract. The abbreviation NA placed before your signature on any instrument, contract or the like; means that though you are signing it you are not undertaking or promising to be bound under any obligation to carry out whatever terms are memorialised therein.
dispositional hearing : The term disposition can refer to the way something is placed or arranged with respect to other things around it. A dispositional hearing can be viewed as a preliminary hearing but depends largely on the jurisdiction and or place the hearing is held. Taken from the definition for "
disposition" it can be presumed that generally this type of hearing deals with some type of arrangements or measures taken. In Australia a dispositional hearing refers to juvenile criminal cases where the judge determines the type of sentencing or legal consequences that are appropriate for the crime of the juvenile taking into consideration the age, the seriousness of the offence, and wether the juvenile has a criminal history or it is a first offence.
in rem : refers to a jurisdiction in which court proceedings are held to determine the disposition of
property regardless of who the owner is and as it relates to the world where anybody claiming to have a vested interest in that
property can take part in proceedings; whichever way the action is not "in personam" directed toward a person, but "in rem" against or about a thing.
champerty & maintenance :
champerty : [google] Is an old French term referring to a
feudal lord's share of produce. An illegal agreement in which a
person with no previous interest in a lawsuit finances it with a view to sharing the disputed
property if the suit succeeds [wikipedia] Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds. Among laypersons, this is known as litigation finance.
maintenance : Is the inter-meddling of an unrelated party to a lawsuit who actively encourages it and seen as "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." [Lord Justice Steyn]
"In modern idiom maintenance is the support of litigation by a stranger without just cause"
breach of the peace : “There is breach of the peace whenever
harm is actually done or is likely to be done to a person; or in his presence to his property; or a
person is in fear of being harmed by way of the threat of assault, an affray, a riot, un
lawful assembly or other disturbance.”
offence : from offense [etymonline] late 14c., "hurt, harm, injury, pain," from Old French ofense "offense, insult, wrong" (13c.) and directly from Latin offensa "an offense, injury, affront, crime," literally "a striking against," noun use of fem. past participle of offendere (see offend). Meaning "action of attacking" and "feeling of being hurt" are both first recorded c. 1400. Sense of "breach of the law, transgression" is first recorded late 14c. Sporting sense first recorded 1894.
arrest : "to cause to stop," also "to detain legally," late 14c., from Old French arester "to stay, stop" (12c., Modern French arrêter), from
Vulgar Latin *arrestare "to stop, restrain" (source also of Italian arrestare, Spanish and Portuguese arrestar), from ad "to" (see ad-) +
Latin restare "to stop, remain behind, stay back," from re- "back" (see re-) + stare "to stand," from PIE root *sta- "to stand, make or be firm." Figurative sense of "to catch and hold" (the attention, etc.) is from 1814.
nomenclature : is a system of names or terms, or the rules for forming these terms in a particular field of arts or sciences.[1] The principles of naming vary from the relatively informal conventions of everyday speech to the internationally agreed principles, rules and recommendations that govern the formation and use of the specialist terms used in scientific and any other disciplines.
viable : Is an adjective in medical law describing the time within which a foetus is capable of being born alive and able to live a self sustaining existence. The legal age for viability of a foetus is 24 weeks but some children have been known to be born much earlier than this.
predation : refers to the dissipation or flow of energy one to another during the interaction between predator and prey; a best example of which is found in the animal kingdom between animals and derives from the Latin word
praedari; meaning "to rob, or to plunder"
ex gratia : refers to payment done as a favour not bound by any legal obligation.
executory : meaning "yet to be; or remaining to be done". A contract that is yet to be carried out is said to be an
executory contract and *consideration that is still to be given for a contract is said to be
executory consideration.
cf. executory interest, and executory trust.
mono e mono : “Mono e mono” is an error caused by mishearing the Spanish expression mano a mano which means not “man-to-man” but “hand-to-hand,” as in hand-to-hand combat: one on one.
ad hoc : created or done for a particular purpose as necessary.
synonyms: impromptu, extempore, extemporary, extemporaneous, expedient, improvised, makeshift
coprolalia : the involuntary and repetitive use of obscene language, as a symptom of mental illness or organic brain disease.
theft of services :
capacity : [
Bill Turner] The ability to perform or produce. Issues relating to the ability or competence of persons to perform certain acts arise in areas such as contract, the word used in criminal law, tort, and agency and possibly because it could be seen as having more than one meaning is best not used in
common law but in terms of letters of cease and desist etc. its use may be ok.
abatement : generally the act or state of being decreased or mitigated that is the action of abating or being abated; ending or sibsiding ie.
"this trend shows no sign of abatement".
ex parte : Is a Legal Latin term from
ex "out of" +
parte "side, part" and may refer to proceedings where in the interest of shielding a vulnerable party a hearing is held
ex parte where the offending party is not present; but generally are any communications where the party to a case or their counsel is not present. [google.com] with respect to or in the interests of one side only or of an interested outside party.
nihil dicit : Latin for "he says nothing"; a judgment for want of a plea. The name of a judgment which a judge may render against a defendant who failed to plead and failed to answer a plaintiff's declaration or
complaint within the prescribed time limit. The defendant failed to say why the court should not
issue the judgment against him. The failure to say constitutes an admission of the justice of the cause of action against the defendant; it does so more strongly than a mere default.
choice of law : [wikipedia] is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces. The outcome of this process is potentially to
require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from say family law, a tort, or a contract. The law which is applied is sometimes referred to as the "proper law." Dépeçage is an
issue within choice of law.
see proper law
proper law : Is a term given to law that most closely reflects a connection to the facts of a case where full faith and credit is given to the laws of other states despite there being a conflict between the laws of those states and the laws of the state in which the case is being prosecuted.
dépeçage : French for "butchering, skinning, quartering, dismemberment or whaling" [wikipedia] dépeçage is a conflict of laws where different issues within a case may be governed by the laws of different states. In
common law countries dépeçage usually means a single contract which provides that different parts of the contract
shall be governed by different laws.[1] In the United States, "depecage choice of law theory" is where the court considers disagreement among states over which rule of law is applicable to each issue.
ad idem : Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract. Formation of a contract is initiated with a proposal or offer.[1] This condition or element is considered a requirement to the formation of a contract in some jurisdictions.
neologism : A neologism (
/niːˈɒlədʒɪzəm/; from Greek νέο- néo-, "new" and λόγος lógos, "speech, utterance") is a relatively recent or isolated term, word, or phrase that may be in the process of entering common use, but has not yet been fully accepted into mainstream language. Neologisms are often directly attributable to a specific person, publication, period, or event. In the process of language formation, neologisms are more mature than protologisms.
ommision : [etymonline] from omit(v) early 15c., from Latin omittere "let go, let fall," figuratively "lay aside, disregard," [wikipedia
law] An omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty.
enigma : [etymonline] 1530s, "statement which conceals a hidden meaning or known thing under obscure words or forms," earlier enigmate (mid-15c.), from Latin aenigma "riddle," from Greek ainigma (plural ainigmata) "a dark saying, riddle," from ainissesthai "speak obscurely, speak in riddles," from ainos "tale, story; saying, proverb;" according to Liddell & Scott, a poetic and Ionic word, of unknown origin. General sense in English of "anything inexplicable to an observer" is from c. 1600.
sedition : [etymonline] mid-14c., "rebellion, uprising, revolt, concerted attempt to overthrow civil authority; violent strife between factions, civil or religious disorder, riot; rebelliousness against authority," from Old French sedicion (14c., Modern French sédition) and directly from Latin seditionem (nominative seditio)
"civil disorder, dissension, strife; rebellion, mutiny," literally "a going apart, separation," from se- "apart" (see secret (n.)) + itio "a going," from ire "to go" (from PIE root *ei- "to go"). [wikipedia] Sedition is overt conduct, such as speech and organisation, that tends toward insurrection against the established order. Sedition often
includes subversion of a constitution and incitement of discontent towards, or resistance against established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel.
felony : [wiktionary] from the French felonie "evil, immoral deed" [wikipedia
law] The term felony, in some
common law countries, is defined as a serious crime. The word originates from English
common law (from the French medieval word "félonie"), where felonies were originally crimes involving confiscation of a convicted person's
land and goods. Other crimes were called misdemeanours. Many
common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions, such as between indictable offences and summary offences. A felony is generally considered a crime of high seriousness, but a misdemeanor is not. [etymonline] c. 1300, "treachery, betrayal; deceit; villainy, wickedness, sin, crime; violent temper, wrath; ruthlessness; evil intention," from Old French felonie (12c.) "wickedness, evil, treachery, perfidy, crime, cruelty, sin," from Gallo-Ro
man *fellonia, from fellonem "evil-doer" (see felon).
As a class of crime in
common law, also from c. 1300, from Anglo-French. The exact definition changed over time and place, and even the distinction from misdemeanor or
trespass is not always observed. In old use often a crime involving forfeiture of lands, goods, or a fee or a crime punishable by death. Variously used in the U.S.; often the sense is "crime punishable by death or imprisonment in a state penitentiary."
obfuscate : [etymonline] 1530s, from Latin obfuscatus, past participle of obfuscare "to darken," from ob "in front of, before"
wiktionary gives ob as ("towards, against") (see ob-) + fuscare "to make dark," from fuscus "dark" (see dusk). Related: Obfuscated; obfuscating. With a sense in law to "muddy the waters" or obscure from view the truth of a matter.
reclusion perpetua : Is a Spanish term from Latin reclusio perpetua meaning "permanent imprisonment" and the type of sentence applied in Argentina, the Philippines, and several other countries. It is distinct from the penalty of life imprisonment applied against special laws in that it is usually applied against the revised penal code in the Philippines carrying a mandatory term of 40 years.
audi alteram partem : (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well".It is the principle that no
person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. It is considered a principal of natural justice in most legal systems and relates to a situation where a
person cannot be convicted of a crime in his absence or that a Trial cannot be held with an accused
person in absentia. An example of this maybe Perin courts; where for the sake of expediency defaults on traffic fine payments are handled giving way to "enforcement orders" issued without representation, or recourse, and always in absentia.
qualified : refers to a specific right to
property with respect to law where this right does not exclude the right of another to sue for the return of the same property.
information : (n.) refers to a written allegation brought before a justice of the peace or magistrate that a
person has committed a crime and is a term that goes back in time in the United Kingdom where informants were paid by governments to catch and convict people who had committed criminal offences.
perin court : an administrative court that handles payments in default associated with summary offences such as most motor vehicle traffic offences, drink driving offences, bad behaviour and the like. The legality and lawfulness of these courts is brought into question in light of such principals of natural law as audi alteram partem (Latin:
listen to the other side) where a judgement is given against a party in absentia without having had the opportunity to face and question his accuser.
legitur : It's Greek, it cannot be read.
res publica : is a Latin phrase, loosely meaning 'public affair'. It is the root of the word 'republic', and the word 'commonwealth' has traditionally been used as a synonym for it; however translations vary widely according to the context. 'Res' is a nominative singular Latin noun for a substantive or concrete thing – as opposed to 'spes', which means something unreal or ethereal – and 'publica' is an attributive adjective meaning 'of and/or pertaining to the state or the public'. Hence a literal translation is, 'the public thing/affair'.
magnate : from the Late Latin magnas, a great man, itself from Latin magnus, 'great', designates a noble or other
man in a high social position, by birth, wealth or other qualities. In reference to the Middle Ages, the term is often used to distinguish higher territorial landowners and warlords such as counts, earls, dukes, and territorial-princes from the baronage.
jus scriptum : [wikipedia] or ius scriptum is Latin for
"written law". The Ro
man lawyers saw this law as a law issued by public authorities with legislative function. Such law was typically redacted in writing. In later Ro
man law and in present-day law written laws (leges) which are made by legislative organs of a state predicted by a constitution are considered jus scriptum.
consilia : plural of "consilium" meaning
"advice." A consilium was a doctor's written text in response to a particular case, where the malady had been determined; in the consilium the medical doctor identified the disease and prescribed the appropriate treatment. The accumulation of consilia circulated in manuscript began, for the first time in Europe, to lay down a corpus of medical practice, case-by-case.
summa : and its diminutive summula (plural summae and summulae, respectively) was a generic category of text popularized in thirteenth century Europe. In its simplest sense, they might be considered texts that 'sum up' knowledge in a field, such as the compendiums of theology, philosophy and canon law. Their function during the Middle ages was largely as manuals or handbooks of necessary knowledge used by individuals who would not advance their studies any further.
maleficium : (plural: maleficia) as a Latin term, "An act of witchcraft performed with the intention of causing death, harm, or injury as the result." In general, the term applies to any magical act intended to cause
harm or death to people or property. Its use in English comes from "Early 17th century; earliest use found in George Abbot (1562–1633), archbishop of Canterbury. From classical Latin maleficium evil deed, injury, sorcery from maleficus + -ium". In general, the term applies to any magical act intended to cause
harm or death to people or property.
delict : "a transgression or offense," in civil law, a misdemeanor, 1520s, from Latin delictum
"fault, offense, crime," neuter singular of past participle of delinquere
"to fail; be wanting, fall short; offend," from de- "completely" (see de-) + linquere "to leave" (from PIE root *leikw- "to leave"). Related: Delictable "criminal, wicked," early 15c. Phrase in flagrant delict translates Latin in flagrante delicto.
Delicts are commonly understood as slighter offenses which do not immediately affect the public peace, but which imply an obligation on the part of the offender to make an atonement to the public by suffering punishment, and also to make reparation for the injury committed The term delinquency has the same signification. [Century Dictionary]
jus est ars boni et aequi : Law is the science of what is good and fair, or [oxfordreference.com]
"ars boni et aequi" “The art of what is equitable and good.”The technique of determining what is equitable and fair.
praetorian : armed guard or Legionnaire.
jus cognationis : the law or justice served one
man to another, or the law between clans of people. ?
potestas : power; as in patria potestas; being under the power or control of one's father.
affinitas : a relationship, alliance, affinity, union, or connection by marriage [comment] signifies a relation that exists not between a married couple but by virtue of them being married such as between the brother of the husband and brother or sister of the wife.
proprietas : property or the right thereof to own property.
prosecutor : 1590s, from Medieval Latin prosecutor, agent noun from prosequi; from the word prosecute [etymonine] from Latin prosecutus, past participle of prosequi "follow after, accompany; chase, pursue; attack, assail, abuse," from pro- "forward" (see pro-) + sequi "follow"
reasonable : afforded by what is within reason; where reason is sound, sane, or rational judgement; from Latin rationabilis, from ratio "reckoning, understanding, motive, cause,"
canonical : recognised rules or scientific laws, a general rule or standard formula. [etymonline] early 15c., "according to ecclesiastical law," from Medieval Latin canonicalis, from Late Latin canonicus "according to rule," in Church Latin, "pertaining to the canon" (see canon (n.1)). Earlier was canonial (early 13c.). General sense of "conformed or conforming to rule" is from 1560s. Meaning "of or belonging to the canon of Scripture" is from 1560s; hence "of admitted excellence" (1550s).
predicate : [etymonline] from Latin praedicatum
"that which is said of a subject" noun use of neuter past participle of praedicare "assert, proclaim, declare publicly," from prae- "forth, before" (see pre-) + dicare "proclaim" (from PIE root *deik- "to show," also "pronounce solemnly"). (adj.) 1887, from Latin praedicatus, past participle of praedicare "proclaim, announce". [wiktionary] (grammer) The part of a sentence; or clause; which is said of the subject or the object of the sentence.
In "The dog barked very loudly", the subject is "the dog" and the predicate is "barked very loudly".
praemunire : a writ charging the offense of resorting to a foreign court or authority, as that of the pope, and thus calling into question the supremacy of the English crown.
commensurate : [google] corresponding in size or degree; in proportion. eg. "a salary will be given commensurate with age and experience." [etymonline] (adj.) 1640s, "corresponding in amount, degree, or magnitude," also "of equal size" (on the notion of "having the same boundaries"), from Late Latin commensuratus, from Latin com
"with, together" (see com-) + Late Latin mensuratus, past participle of mensurare "to measure," from Latin mensura
"a measuring, a measurement; thing to measure by," from mensus, past participle of metiri "to measure," from PIE root *me- (2) "to measure." Meaning "reducible to a common measure, commensurable" is from 1680s. Related: Commensurately. [comment] can be seen as one of two things that can be measured equally against the other.
delicto compuesto, delicto complejo : "continued crime, or absorbing crime" Relating to the doctrine of absorbtion of lesser criminal offences into one greater offence where mens rea (criminal intent) has remained a constant as relating to the greater or principal offence throughout the commissioning of all the stated offences. Another way to describe it is as a rule that requires the imposition of a single penalty for multiple crimes, under which one crime absorbs another if the latter
is inherent in, an element of, or a necessary consequence of the commission of the former. A crime is considered inherent where its commission is an indispensable means to commit another.
append : add something to the end of a written document.
epoch : A point in time marking the start of a new period or new beginning; generally in history; but also in terms of scientific discoveries, memorable dates, or a specific event. [etymonline] from Medieval Latin epocha, from Greek epokhe "stoppage, fixed point of time," from epekhein "to pause, take up a position," from epi "on" (see epi-) + ekhein "to hold" (from PIE root *segh- "to hold")
consanguinity : [wikipedia] Consanguinity is the
property of being from the same kinship as another person. In that aspect, consanguinity is the quality of being descended from the same ancestor as another person.
non sequitur : Classical Latin
"it does not follow" and used in law to describe something that makes no sense with regard to the context in which it was spoken. Generally however it is a literary device in the form of an absurd or ambiguous statement that bares no relationship to that which preceded it often used in comedy.
esprit de corps : said of a group who with one mind are bound by honour and a strong regard instilled from within the group who inspire enthusiasm toward a common cause whether
lawful or not.
cross and pile : in terms of the law it is what is given to chance as the flip of a coin, but is a game with money, at which it is put to chance whether a coin
shall fall with that side up which bears the cross, or the other, which is called pile, or reverse; the game commonly known as heads or tails.
nulla crimen, nulla poena sine lege : "No crime without law" in reference to law applied retrospectively where it is the principle that a
person should not be prosecuted for conduct that was not an offence at the time of the conduct.
remand : (v.) mid-15c., from Middle French remander
"send for again" (12c.) or directly from Late Latin remandare
"to send back word, repeat a command," from Latin re- "back" (see re-) + mandare "to consign, order, commit to one's charge" (see mandate (n.)). Specifically in law, "send back (a prisoner) on refusing an application for discharge." Related: Remanded; remanding.
eviscerate : [etymonline] c. 1600 (figurative); 1620s (literal), from Latin evisceratus, past participle of eviscerare "to disembowel," from assimilated form of ex "out" (see ex-) + viscera "internal organs" (see viscera). Sometimes used 17c. in a figurative sense of
"to bring out the deepest secrets of." Related: Eviscerated; eviscerating.
malicious mischief : [Meriam Webster] willful, wanton, or reckless damage to, or destruction of another's property
embezzlement : (n.) [google] The theft or misappropriation of funds placed in one's trust or belonging to one's employer.
elicit : [etymonline] 1640s, from Latin elicitus, past participle of elicere
"draw out, draw forth," from ex "out" (see ex-) + -licere, combining form of lacere "to entice, lure, deceive" (related to laqueus "noose, snare;" see lace (n.)). Related: Elicited; eliciting; elicits; elicitation. [google] evoke or draw out (a reaction, answer, or fact) from someone. ie. I tried to elicit a response from the quiet witness but he was not forthcoming.
incorporate : (v.) from Late Latin incorporatus, past participle of incorporare
"unite into one body, embody, include." incorporation is the method by which individuals are voluntarily united into a new entity through the creation of an artificial, intangible, and legal
person called a corporation where
incorporation is the legal process used to form a corporate entity or company. A corporation is a separate legal entity from its owners. Corporations can be created in nearly all countries in the world and are usually identified as such by the use of terms such as "Inc." or "Limited" in their names. It is the process of legally declaring a corporate entity as separate from its owners. [etymonline] Meaning "to legally form a body politic with perpetual succession and power to act as one person, establish as a legal corporation" is from mid-15c.
double-dealing : [google] (n.) the practice of working to people's disadvantage behind their backs. (adj.) working deceitfully to injure others. Synonyms: duplicity, treachery, betrayal, double-crossing, faithlessness, unfaithfulness, untrustworthiness, infidelity, bad faith, disloyalty, perfidy, perfidiousness, treason, breach of trust, fraud, fraudulence, underhandedness, cheating, dishonesty, deceit, deceitfulness, deception, falseness, stab in the back, back-stabbing, lying, mendacity, trickery, two-facedness; informal crookedness, two-timing; rare Punic faith
"one day his double-dealing would be discovered."
nebulous : late 14c., "cloudy, misty," from Latin nebulosus "cloudy, misty, foggy, full of vapor," from nebula "mist, vapor" (from PIE root *nebh- "cloud"). The figurative sense of "hazy, vague, formless" is first attested 1831. Astronomical sense is from 1670s. Related: Nebulously; nebulousness.
bolt-hole : [wiktionary] (n.) a means of escape, a place of escape or secret refuge. [English Learners Dictionary] a safe or restful place : a place where you can hide or escape from something that is dangerous or unpleasant.
elide : [etymonline] 1590s, a legal term,
"to annul, do away with," from Middle French elider (16c.), from Latin elidere
"strike out, force out," in grammar "suppress (a vowel)" from ex "out" (see ex-) + -lidere, combining form of laedere "to strike" (see collide). The Latin word in grammatical use translates Greek ekthlibein. Phonological sense "slurring over a sound or part of a word" in English is first recorded 1796. Related: Elided; eliding. [wiktionary] Join together, merge or conflate; which sense is a recent development not recognised by dictionaries such as Merriam-Webster or the OED, and can be considered incorrect.
indict : [etymonline] formerly also endict, c. 1300, enditen, inditen, "bring formal charges against (someone); accuse of a crime," from Anglo-French enditer "accuse, indict, find chargeable with a criminal offense" (late 13c.), Old French enditier, enditer "to dictate, write, compose; (legally) indict," from Vulgar Latin
*indictare "to declare, accuse, proclaim in writing," from in- "in" (from PIE root *en "in") + Latin dictare "to declare, dictate," frequentative of dicere "to say, speak" (from PIE root *deik- "to show," also "pronounce solemnly").
Retained its French pronunciation after the spelling was re-Latinized c. 1600. Later 14c. non-legal senses "write, compose (a poem, etc.); dictate" have gone with the older form, endite, indite (q.v.). The sense is perhaps partly confused with Latin indicare "to point out." In classical Latin, indictus meant "not said, unsaid" (from in- "not"). Related: Indictable; indicted; indicting.
epidemiology : is the study of how often diseases occur in different groups of people and why. Epidemiological information is used to plan and evaluate strategies to prevent illness and as a guide to the management of patients in whom disease has already developed.
replevin : Replevin, also known as "
claim and delivery," is an action to recover personal
property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to
money damages (the more commonly-sought after remedy).
in lieu : from the Latin locus "place" meaning "in place of",
sic : a Latin adverb meaning ("thus", "just as") and is used as an abreviation for
sic erat scriptum "thus was it written". Inserted after a quoted word or passage it indicates that the quoted matter has been transcribed or translated exactly as found in the source text, complete with any erroneous, archaic, or otherwise non standard spelling. It also applies to any surprising assertion, faulty reasoning, or other matter that might be likely interpreted as an error of transcription.
The usual usage is to inform the reader that any errors or apparent errors in quoted material do not arise from errors in the course of the transcription, but are intentionally reproduced, exactly as they appear in the source text. It is generally placed inside square brackets to indicate that it is not part of the quoted matter.
Sic may also be used derisively by the proofreader, to call attention to the original writer's
spelling mistakes or erroneous logic, or to show general disapproval or dislike of the material.
largesse : the generous distribution of, bestowing of, or the giving of gifts or
money to others.
precipitous : done with great haste and without due deliberation, or in terms of terrain "steep" as is a precipice.
eminent : from Latin eminentem (nominative
eminens) "standing out, projecting, prominent, high" figuratively; "distinguished, distinctive," present participle of eminere "stand out, project; be prominent, be conspicuous,"
eminent domain : known in Australia as
resumption/compulsory acquisition it is the power of a state, provincial, or national government to take
private property for public use where this power can be further legislatively delegated by the state to municipalities, government subdivisions, or even to
private persons or corporations, when they are authorised by the legislature to exercise the functions of public character.
pro tempore : pro tempore (/ˌproʊ ˈtɛmpəri, -eɪ/), abbreviated
pro tem is a Latin phrase which best translates to
"for the time being". This phrase is often used to describe a
person who acts as a locum tenens (placeholder) in the absence of a superior, such as the P
resident pro tempore of the United States Senate, who acts in place of the P
resident of the United States Senate, the Vice P
resident of the United States.
Legislative bodies can have one or more pro tempore for the presiding officer. These positions ostensibly go to legislators experienced in floor debate who are familiar with the content and application of relevant rules and precedents and who have a reputation for fairness among their colleagues.
locum tenens : one who temporarily holds the position or fulfils the duties of another; generally used with regard to physicians or clergymen.
agnostic : 1870, "one who professes that the existence of a First Cause and the essential nature of things are not and cannot be known" [Klein]; coined by T.H. Huxley, supposedly in September 1869, from Greek agnostos "unknown, unknowable," from a- "not" (see a- (3)) + gnostos "(to be) known," from PIE root *gno- "to know." Sometimes said to be a reference to Paul's mention of the altar to "the Unknown God" in Acts, but according to Huxley it was coined with reference to the early Church movement known as Gnosticism (see Gnostic). The adjective also is first recorded 1870.
demur : (verb) raise objections or show reluctance; (noun) the action of objecting to or hesitating over something.
similiter : [legal-dictionary.thefreedictionary.com] a
reply in
common law pleading by which a defendants plea contains a direct contradiction of the declaration, and concludes with referring the matter to be tried by a Jury of the country which the plaintiff
must accept without further answer; that is, he
must also submit the matter to be tried by a jury, without offering any new answer to it, and
must stand or fall by his declaration. Co. Litt. 126 a. In such case, he merely replies that as the defendant has put himself upon the country, that is, has submitted his cause to be tried by a jury of the country, he, the plaintiff, does so likewise, or the like. Hence this sort of replication is called a similiter, that having been the effective word when the proceedings were in Latin. 1 Chit. Pl. 549; Arch. Civ. Pl. 250. See Steph. Pl. 255; 2 Saund. 319, b; Cowp. 407; 1 Str. Rep. 551; 11 S. & (Untitled 199). 32
Absque hoc : Latin "without this" or "without this; that"
Parties to Actions : Those persons who institute actions for the recovery of their rights, and those persons against whom they are instituted, are the parties to actions; the former are called plaintiffs, and the latter, defendants. The term parties is understood to include all persons who are directly interested in the subject-matter in issue, who have the right to make defence, control the proceeding, or appeal from the judgement. Persons not having these
rights are regarded as strangers to the cause. 20 How. St. Tr. 538, n.j Greenl. Ev. S5232. It is of the utmost importance in bringing actions to have proper parties, for however just and meritorious the
claim may be, if a mistake has been made in making
wrong persons, either plaintiffs or defendants, or including too many or too few persons as parties, the plaintiff may in general be defeated.
prostitution : [Bouviers]
1. The common lewdness of a wo
man for gain.
2. In all well regulated communities this has been considered a heinous offence, for which the wo
man may be punished, and the keeper of a house of prostitution may be indicted for keeping a common nuisance.
3. So much does the law abhor this offence, that a landlord cannot recover for the use and occupation of a house let for the purpose of prostitution. 1 Esp. Cas. 13; 1 Bos. & Pull. 340, n.
4. In a figurative sense, it signifies the bad use which a corrupt judge makes of the law, by making it subservient to his interest; as, the prostitution of the law, the prostitution of justice.
imputation : The act of imputing, charging, attribution, or the ascribing of something to the account of another. Which could be the charge or attribution of evil, censure, reproach, or insinuation. A setting of something to the account of; the attribution of personal guilt or personal righteousness of another. It can also be seen as an opinion, intimation, or hint.
void for vagueness : In the US it is a doctrine of law that seeks to rule out ambiguous terms in statute.
mores : manners, behaviour, conduct, demeanour
jus civille : broadly; the law of a state, or that body of law a state establishes for itself: peculiar to itself.
jus gentium : also known as
naturale jus it is the law of
natural reason (naturalis ratio) equally observed by all peoples of the earth.
jus naturale : law in its most fundamental form common to both
man and beasts i.e. "Jane take bone, Jane give back bone." where in considering the animals that only have the rudiments of thought, and that every action has an equal and opposite reaction: jus naturale does not necessarily always make the distinction between right and wrong.
jus pontificium : the law of religion
naturalis ratio : natural reason
naturale jus : natural law
cognatio : family, relationship, relatives, blood relationship, affinity, kinship, connection by birth.
agnatio : a link, lineage, or relationship through blood on the paternal side of a family.
quasi : in reference to a court as having the attributes, or outward appearance of a proper court "as if it were real"; where it can only attempt to persuade having no real judicial power. [etymonline] From late 15c., Latin in hypothetical comparisons, "as if, just as if, as though"
nut tiel record : a plea alleging the record on which the action is founded does not exist.
accost : [etymonline] 1570s, "come side-by-side or face-to-face with," for any reason, from Middle French accoster "move up to, come alongside" (Old French acoster), from Late Latin accostare "come up to the side," from assimilated form of Latin ad "to" (see ad-) + costa "a rib, side" (see coast (n.)). Now usually in the sense "approach and speak to" (1610s). Also picked up in newspaper articles as the verb for a prostitute's solicitation of a customer (1887). Related: Accosted; accosting.
laissez-faire : a French term pronounced 'less a fare' literally means "allow to do" and is a doctrine or philosophy that seeks to limit the overreach of powers beyond the charter of Government to secure and protect property; where its focus is to allow an economy a life of its own free from the constraints or over regulation imposed by an autocratic or out of control branch of Government.
postea : Latin, "after these or those (things), afterward" (plural posteas) afterwards, hereafter, thereafter, next, then. The return of the judge before whom a cause was tried, after a verdict, of what was done in the cause, which is endorsed on the nisi prius record.
venire facias : [Latin; make or, Cause to come] It is the judicial
order or writ addressed to the sheriff of a county where a legal action is to take place, commanding the sheriff to assemble a jury. A venire
man is a member of a jury summoned by a writ of venire facias.
distringas : A process commanding the sheriff to bring in the bodies of jurors who did not appear, or to distrain their lands and goods.
distraint : the seizure and holding of
property taken by distress in
order to compel performance usually by way of payment or reparation for a debt.
debauch : [etymonline] 1590s, "to entice, seduce, lead astray" (from allegiance, family, etc.), from Middle French débaucher "entice from work or duty," from Old French desbaucher "to lead astray," a word of uncertain origin.
Supposedly it is literally "to trim (wood) to make a beam" (from bauch "beam," from Frankish balk or some other Germanic source akin to English balk (n.)). The notion of "shaving" something away, perhaps, but the root is also said to be a word meaning "workshop," which gets toward the notion of "to lure someone off the job;" either way the sense evolution is unclear.
The more specific meaning "seduce from virtue or morality, corrupt the morals or principles of" is from c. 1600, especially "to corrupt with lewdness, seduce sexually," usually in reference to women. Intransitive sense "indulge in excess in sensual enjoyment" is from 1640s. As a noun, "a bout of excessive sensual pleasure," c. 1600.
assault : an assault or "
common assault" is not only an injury incurred by way of an act of violence but any act; though not the failure to act; which causes another
person to fear immediate and un
lawful violence. The sub categories of assault are
aggravated assault which is further subdivided into
assault occasioning actual bodily harm,
grievous bodily harm, and
wounding. (qv.)
https://www.gotocourt.com.au/criminal-law/nsw/assault/
credere : to trust or to believe.
dysphemism : the antonym of a euphemism a dysphemism exchanges a term that would otherwise be neutral with a derogatory, offensive, or vulgar word or phrase.
libel : [etymonline] Specific legal sense of "any published or written statement likely to
harm a person's reputation" is first attested 1630s.
slander : from Latin scandalum "cause of offense, stumbling block, temptation", and in a legal sense slander is any defamatory or false statements uttered, or spoken to another
person or persons without the knowledge of the
person who has been defamed.
terra nullius : Latin
"nobody's land" and used in international law to justify a
claim that territory maybe acquired by a state's occupation of it by virtue of there being no inhabitants to make
claim of it otherwise.
carnal knowledge : comes from 'carnal' c. 1400, "physical, human, mortal," from Old French carnal and directly from Latin carnalis "fleshly, of the flesh," and relates to the physical feelings and wants of the body + 'knowledge' that which is Familiarity, awareness, or understanding having been gained through experience or study. The term relates in a legal sense to sexual intercourse constituting only slight sexual penetration of female genitalia, It is legally significant in that it is a necessary legal characteristic or element of rape,
child molestation, or consensual sexual relations with a girl below the age of consent ("statutory rape") which for New South Wales is 16 yrs old. However to give a literal interpretation of Carnal Knowledge it is a situation leading to where one may have gained knowledge of the carnal pleasures associated with intercourse leading to the question as to wether the distraction of trauma associated with such an experience; under duress; constitutes the conditions by which one might expect to have gained some level of carnal knowledge. Many talk of carnal knowledge as if a noun in the past tense but in reality is more a state of being that once having been gained is not easily given up or forgotten.
recaption : Regaining possession of; taking back. Is the
lawful process of finding and subsequently claiming or retaking back one's own wife, child, or property, from one having possession, or
constructive possession; with no right of ownership; without causing a riot, or breach of the peace. An example could be: an individual who removes his borrowed car that was not returned from a neighbour's driveway; would be exercising recaption. In these circumstances entry into a dwelling to retake
property can only be done through an open doorway and without violence.
common-law action : A lawsuit governed by the general principles of law derived from court decisions, as opposed to the provisions of statutes. Actions ex contractu, arising out of the breach of a contract, and actions ex delicto; based upon the commission of a tort: are common-law actions. Common-Law actions are prosecuted on a system of established case law based on the Latin term
stare decisis meaning : "to stand by things decided". However there is a dichotomy between the outcome of such a system one presumes as
common law that establishes a
legal framework based on the outcome of previous cases; where these cases are often prosecuted before a single judge, and what has been lawfully determined by a Jury independent of a Judge or magistrate as a matter of right. Where such actions are only a type and shadow extended to lawyers that make up for a deficiency in not being able to prosecute a
claim as would a man.
peruse : [
Karl Lentz] Study with great diligence. [Century Dictionary] late 15c., "to go through searchingly or in detail, run over with careful scrutiny," from Middle English per- "completely" (see per) + use (v.). Meaning "read carefully and critically" is by 1530s, but this could be a separate formation. Meaning "read casually" is from 19c. Related: Perused; perusing. "The formation looks unusual, but it is well supported by similar formations now obsolete, e.g. peract, perplant, perstand, etc.".
robo-signer : A robo-signer is an employee of a mortgage servicing company that signs foreclosure documents without reviewing them. Rather than actually reviewing the individual details of each case, robo-signers presume paperwork to be correct and sign it automatically: like a robot.
federal : from the Latin feodus (genetive foederis) meaning "a covenant, league,
treaty, or alliance". Also given by
Karl Lentz as "to pledge" with a sense of an agreement to come together as one. ie. a federated union.
presumption : (n.) a rule of law that permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each
presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A
presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade a judge that a
presumption is not true. However if something is assumed, or is an assumption; it is a belief or position maintained that can be verified as true in believing it can substantiated with evidence. If one presumes something; it is not with solid assurance that the
presumption is correct, and as such bares no liability: however an assumption is stated or given in complete assurance as to that which is true for which a
man can be held liable.
rebuttal : (n.) evidence introduced to counter, disprove or contradict the opposition's evidence or a presumption, or responsive legal argument.
caveat emptor : Latin; let the buyer beware. If one enters a contract not having been careful to check its terms, or what one is actually buying; then this mistake is not grounds to make void such a contract.
ancillary : is seen as auxiliary or an accessory to something; being of secondary importance; or subordinate serving as an aid.
coerce : (v.) from Latin coercere "to control, restrain, shut up together", and from mid-15c., cohercen,
"restrain or constrain by force of law or authority".
coercion : [etymonline] (n.) from Latin coerctionem
"compulsion, forcible constraint" and from coercere
"to control, restrain" [wikipedia] is the practice of forcing another party to act in an involuntary manner by use of threats or force. In another sense William Blackstone uses the word when speaking about courts of inferior jurisdiction being subject to "
the discretionary coercion of his majesty’s court of king’s bench".
intimidation : noun of action from intimidate; 1640s, from Medieval Latin intimidatus, past participle of intimidare
"to frighten, make afraid," from in- "in" (from PIE root *en "in") + Latin timidus
"fearful" (see timid). Related: Intimidated; intimidating. The French verb was intimider (16c.).
commorant : The act of ordinarily residing, or inhabiting, but not necessarily permanently.
accusation : directly from Latin accusationem (nominative accusatio)
"formal complaint, indictment," noun of action from past-participle stem of accusare
"call to account, make complaint against," from ad causa, from ad "with regard to" (see ad-) + causa "a cause; a lawsuit" (see cause (n.)). Meaning "that which is charged (against someone)" is from early 15c.
false statement : a false statement is one which is untrue but not necessarily always given with the intent to deceive when given in ignorance or by an unwitting party. However in a majority of cases the giver of a false statement makes the statement with the intention to mislead where what is contained in the statement becomes a lie.
false accusation : a formal complaint, or indictment that is untrue and given with the wrongful intent to cause harm.
correction : [Bouviers] punishment. Chastisement by one having authority of a
person who has committed some offence, for the purpose of bringing him to legal subjection. [Blacks law 5th edition] Discipline, treatment and rehabilitation of offenders through confinement, parole, probation, counselling, etc. see also correctional system.
amend : from Latin emendare "to correct, free from fault", and used with a sense to correct a fault or blemish. It also indicates improvements or corrections made to parliamentary legislation as amendments.
https://youtu.be/x6Y2vd814ug?t=350
abscond : [etymonline]
"depart suddenly and secretly," especially to escape
debt or the law, 1560s, from Middle French abscondre "to hide" and directly from
Latin abscondere "to hide, conceal, put out of sight," from assimilated form of ab "off, away from" (see ab-) + condere "put together, store," from assimilated form of com- "together" (see com-) + -dere "put," from PIE root *dhe- "to put, place." Related: Absconded; absconder; absconding.
vacate : [etymonline] (v.) 1640s, "to make void, to annul," from Latin vacatus, past participle of vacare
"be empty, be void," from PIE *wak-, extended form of root *eue-
"to leave, abandon, give out." Meaning "to leave, give up, quit" (a place) is attested from 1791. Related: Vacated; vacating.
prelate : a bishop or other high ecclesiastical dignitary.
patent : from Latin patentem "open, lying open, or be open" with a sense of documents or letters open to view from some authority or governing body.
civics : Is the science of government and the study of the rights, duties, and responsibilities that accompany citizenship. Civics has previously been taught in schools until the 1950's and though civics addresses
rights under a constitution; it is the study of the inherent
rights of man, or of the people collectively that provide for the self governance, or self rule that was intended by Magna Carta. Where a constitution creates a framework and limitations upon the function of government; it is the wishes and/or will of the people that govern a nation.
in personam : Latin "directed toward a particular person" an act or proceeding in personam being one done or directed against or with reference to a specific person, while an act or proceeding in rem was one done or directed with reference to no specific person, and consequently against or with reference to all whom it might concern, or “all the world.” and usually with regards to real
property or things.
decree of nullity : or annulment is a declaration a marriage has been void from the beginning based on the deceitful intentions of, or special conditions concerning one party to a marriage at the time vows were given.
threat : Is the communicated intent to cause
harm to a man; or injury, or loss to his
person and or property. [etymonline] from Old English þreat "crowd, troop," also "oppression, coercion, menace," and with the sense of a "conditional declaration of a hostile intention".
extortion : [
cf. ‘
demand with menaces’ AU] (also known as a shakedown, outwrestling, and exaction) is the criminal offence of obtaining money, property, or services from an individual or institution, through coercion. [etymonline] "the act of extorting, or of wresting anything from a
person by force, duress, menace, authority, or any undue exercise of power, oppressive or illegal exaction," c. 1300, from Latin extortionem (nominative extortio)
"a twisting out, extorting," noun of action from past-participle stem of extorquere "wrench out, wrest away, to obtain by force," from ex "out" (see ex-) + torquere "to twist" (from PIE root *terkw- "to twist"). From a
common law perspective it is a
demand accompanied by a threat or force causing a
man or wo
man to act in a manner contrary to their wishes.
menace : the declaration of a hostile intent, or the continued act of threatening someone or communicating a threat.
exact : with reference to law; past-participle adjective from exigere "demand, require, enforce," literally "to drive or force out,"
suborn : [etymonline] (v.)
"to procure unlawfully, to bribe to accomplish a wicked purpose," especially to induce a witness to perjury, "to lure (someone) to commit a crime," 1530s, from Middle French suborner "seduce, instigate, bribe" (13c.) and directly from Latin subornare "employ as a secret agent, incite secretly," originally "equip, fit out, furnish," from sub "under; secretly" (see sub-) + ornare "equip," related to ordo "row, rank, series, arrangement" (see
order (n.)). Related: Suborned; suborning.
duly : [etymonline] "rightly, properly; adequately, sufficiently; in accordance with duty or moral obligation," late 14c., duweliche, from dewe "due" (see due) + -liche (see -ly).
expunge : to erase or strike out; [etymonline] c. 1600,
from Latin expungere "prick out, blot out, mark (a name on a list) for deletion" by pricking dots above or below it, literally "prick out," from ex- "out" (see ex-) + pungere "to prick, pierce" (from suffixed form of PIE root *peuk- "to prick").
execute : to follow out, or follow through with. [etymonline] late 14c.
"to carry into effect" (transitive, mostly in law with reference to warrants, sentences, etc.), also "carry out or accomplish a course of action" (intransitive), from Old French executer (14c.), from Medieval Latin executare, from Latin execut-/exsecut-, past participle stem of exequi/exsequi "to follow out, to follow to the grave," figuratively "to follow, follow after, accompany, follow up, prosecute, carry out, enforce; execute, accomplish; punish, avenge," from ex- "out" (see ex-) + sequi "follow" (from PIE root *sekw- (1) "to follow"). Meaning "to inflict capital punishment" is from late 15c., from earlier legal sense "perform judgment or sentence on" (early 15c.). Related: Executed; executing.
dereliction of duty : being derelict in ones duty is through ineptitude, or by the deliberate failure to carry out the duties and responsibilities of a job, or office.
renvoi : (from French. meaning "send back" or "to return unopened"). The “Doctrine of Renvoi” is the process by which the court adopts the rules of a foreign jurisdiction with respect to any conflict of law that arises.
posthumously : the occurrence or incidence of something after one's death; and usually with respect to a quoted author, or somebody of renown.
nosce te ipsum : know thyself
peruse : [
Karl Lentz] study with great diligence.
federal : is an adjective formed from Latin foedus (genitive foederis) meaning a "covenant, league,
treaty, or alliance" meaning to pledge; with a sense of a group pledging to meet or come together, and usually relates to the formation of a central governing body by the agreement of independent states.
altruism : disinterested and selfless concern for the well-being of others.
allocate : [etymonline]
"to set aside for a special purpose," 1630s, from Medieval Latin allocate (the common first word of writs authorising payment), imperative plural of allocare "allocate, allot," from Latin ad "to" (see ad-) + locare "to place," from locus "a place" (see locus). It is a twin of allow. Related: Allocated; allocating. English allocate as an adjective from mid-15c. in legal use.
allegation : [etymonline] early 15c., "action of alleging, formal declaration in court," from Old French alegacion "allegation, affirmation" (Modern French allégation) and directly from Latin allegationem (nominative allegatio) "a sending, dispatching," noun of action from past-participle stem of allegare (see allege). Specifically in law, "assertion of a party to a suit or action, which he intends to prove." In general (non-legal) use, since 17c., often suggesting an assertion without proof.
inordinate : unusually or disproportionately large; excessive.
paraphrase : express the meaning of (something written or spoken) using different words, especially to achieve greater clarity. "you can either quote or paraphrase literary texts".
aggravating circumstances : Aggravating circumstances are factors increasing the severity or culpability of a criminal act and recognition of them varies by jurisdiction. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for convicted criminals. Some generally recognised aggravating circumstances include the heinousness of a crime, lack of remorse, and a prior conviction in another crime. A mitigating factor, or extenuating circumstance is the opposite of an aggravating circumstance, providing for information, reasons, or evidence as to why punishment for a criminal act ought to be lessened.
abstruse : [etymonline] 1590s,
"remote from comprehension," from Middle French abstrus (16c.) or directly from Latin abstrusus
"hidden, concealed, secret," past participle of abstrudere "conceal, hide," literally "to thrust away," from assimilated form of ab "off, away from" (see ab-) + trudere "to thrust, push," from PIE root *treud- "to press, push, squeeze" (see threat). Related: Abstrusely; abstruseness. e.g. "The form and styling of legalese in many contexts is abstruse with regard to general parlance."
uniform law : Legislation for the regulation of legal practice and practitioners in New South Wales.
salutary : relating to good health; being whole, or well kept; or relating to what is beneficial for good health or a beneficial result. [etymonline] late 15c., from Middle French salutaire "beneficial," or directly from Latin salutaris
"healthful," from salus (genitive salutis)
"good health" (from PIE root *sol- "whole, well-kept").
vicarious : [etymonline] 1630s,
"taking the place of another," from Latin vicarius "that supplies a place; substituted, delegated," from vicis "a change, exchange, interchange; succession, alternation, substitution," from PIE root *weik- (2) "to bend, to wind."
From 1690s as
"done or experienced in place of another" (usually in reference to punishment, often of Christ); from 1929 as "experienced imaginatively through another." Related: Vicariously.
regret : [etymonline] (v.) "to look back with distress or sorrowful longing; to grieve for on remembering," late 14c., from Old French regreter "long after, bewail, lament someone's death; ask the help of" (Modern French regretter), from re-, intensive prefix (see re-), + -greter, possibly from Frankish or some other Germanic source (compare Old English grætan "to weep;" Old Norse grata "to weep, groan"), from Proto-Germanic *gretan "weep."
visceral : from Latin
viscera, plural of
viscus "internal organ," and relates to the inner organs of the body but also used to describe what proceeds from ones deep seated, coarse, or base emotions as opposed to objectivity, rational thought, or what one considers as within reason.
mendacity : (n.) the qualities or disposition of a person; given to habitually lie or deceive. "tendency or disposition to lie, habitual lying," also "a falsehood, a lie," 1640s, from Middle French mendacité and directly from Late Latin mendacitas "falsehood, mendacity," from Latin mendax "lying; a liar" (see mendacious). The adjective
mendacious given by etymonline as "given to lying, speaking falsely; having the characteristics of a lie, false, untrue,"
hearsay : 2nd hand account of a supposed truth or story. [etymonline] "information communicated by another, gossip," [comment] The hearsay rule in law requires that a witness can only give evidence as to a personal account of what he himself has witnessed, perceived, or experienced; if the story or account has come from a third party this testimony then becomes inadmissible.
response : [etymonline] directly from Latin "an answer" or "promise in return" from re- "back" (see re-) + spondere "to pledge" [comment] though close in meaning; an answer is distinct from a response in that it addresses a question directly where a response can also be an acknowledgement or reaction to something that has occurred.
petition : early 14c., "a supplication or prayer, especially to a deity," where from a
common law perspective a
petition is to beg as one without rights, or is a formal written request to a superior earthly being. A
man however does not make a
petition but will
require or
order a certain thing by authority and by right.
detainer : a writ authorising the keeper of a prison to continue to hold a
person in custody. [etymonline] 1530s, "one who detains," agent noun from detain. As a legal term, "a detaining in one's possession" (what belongs to another), 1610s, from Anglo-French detener, from Old French detenir (noun use of infinitive).
ambivalent : having mixed feelings or contradictory ideas about something or someone.
birth certificate : a birth certificate is a certified record authored by a governing body that a birth registration has been filed where the "birth registration statement" or "INFORMATION FORM FOR REGISTRATION OF BIRTHS" are what might be commonly referred to as a 'certificate of live birth' containing information as requested of the parents, and verified signatures from witnesses to the birth usually by the attending doctors and nurses.
custody : from Latin custodia "guarding, watching, keeping,"; to be in the care of.
strong arm robbery : Strong arm robbery is a type of specific intent crime of larceny (theft). It is generally committed through the use of a weapon in combination with the threat of force, actual force, or intimidation. Larceny is legally defined as the un
lawful taking and carrying away of a person’s property, with the intent to permanently deprive them of the property.
An example of strong arm robbery is when a
person robs a bank with the use of a firearm and carries off some stolen cash. Another example is using a weapon to force a victim to hand over something of value, such as money, a wallet, purse, or a vehicle.
hegemony : derived from a Greek term meaning (dominance over) and relates usually to a state or a political class having influence or control over other states or a group of people. One could say the inception of an unaccountable unelected bureaucracy might be an example of a hegemony but the distinction is that those who are under a hegemony are ruled tacitly by consent.
commerce : from Latin commercium = com "with, together" + merx (genetive, mercis) "merchandise"; meaning "trade, trafficking" and generally understood as being the interchange of goods or
property on a large scale between countries or different parts of the same country. The verb commerce means "to have dealings with" and comes from the 1590's.
bifurcate : to cause something to be divided into two branches or parts.
prophylaxis : treatment given or action taken to prevent disease.
elude : [etymonline] 1530s, "delude, make a fool of," from Latin eludere
"finish play, win at play; escape from or parry (a blow), make a fool of, mock, frustrate; win from at play," from assimilated form of ex "out, away" (see ex-) + ludere "to play" (see ludicrous). Sense of "evade" is first recorded 1610s in a figurative sense, 1630s in a literal one. Related: Eluded; eludes; eluding.
emolument : [etymonline] mid-15c., "the profit arising from office or employment, that which is given as compensation for services," from Old French émolument "advantage, gain, benefit; income, revenue" (13c.) and directly from Latin emolumentum
"profit, gain, advantage, benefit," perhaps originally "payment to a miller for grinding corn," from emolere "grind out," from assimilated form of ex "out" (see ex-) + molere "to grind" (from PIE root *mele- "to crush, grind"). Formerly also "profit, advantage, gain in general, that which promotes the good of any
person or thing" (1630s).
ascendant : noun; one holding a position of dominance, controlling influence, or possessing power, superiority, or pre-eminence over another. A teacher having controlling influence over primary school children could be described as an ascendant with respect to his or her position.
discern : (v.)
"perceive or recognise the difference or distinction between (two or more things);" also "distinguish (an object) with the eyes, see distinctly, behold;" also "perceive rationally, understand;" late 14c., from Old French discerner (13c.) "distinguish (between), separate" (by sifting), and directly from Latin discernere "to separate, set apart, divide, distribute; distinguish, perceive," from dis- "off, away" (see dis-) + cernere "distinguish, separate, sift" (from PIE root *krei- "to sieve," thus "discriminate, distinguish"). Related: Discerned;
discernment : is possessing the ability to use ones intellect and senses so as to distinguish, or separate one thing from another, or other things. [etymonline] 1580s, "keenness of intellectual perception, insight, acuteness of judgment;" see discern + -ment. From 1680s as "act of perceiving by the intellect."
inculcate : (v.) [etymonline] 1540s, from Latin inculcatus, past participle of inculcare "force upon, insist; stamp in, impress, tread down," from in- "in" (from PIE root *en "in") + calcare "to tread, press in," from calx (1) "heel" (see calcaneus). Related: Inculcated; inculcating.
diversion : [wikipedia] A diversion program in the criminal justice system is a form of sentence in which the criminal offender joins a rehabilitation program, which will help remedy the behaviour leading to the original arrest, allow the offender to avoid conviction and, in some jurisdictions, hide a criminal record.
systemic : that which relates to affecting an entire body, organism, or system; such as the nervous system. Its modern use tends towards that of a culture of corrupt practices spread throughout a governing body or organisation ie. corrupt practices had become systemic throughout the department of immigration. [etymonline] 1803, irregularly formed from system + -ic; used in medicine and biology for differentiation from what is
systematic from Latin systematicus "combined in a whole". Related: Systemically.
simpliciter : simply, without ceremony, done summarily or in a summary manner.
veto : [etymonline] from the 1620's Latin (n.) Literally
"I forbid" first
person singular present indicative of vetare
"forbid, prohibit, oppose, hinder," of unknown origin. In ancient Rome, the "technical term for protest interposed by a tribune of the people against any measure of the Senate or of the magistrates" [google] a constitutional right to reject a decision or proposal made by a lawmaking body. (v.) exercise a veto as a matter of right against a decision, or proposal. Such a veto may come by way of a directive from the people.
proprietary : [etymonline] mid-15c., "possessing worldly goods in excess of a cleric's needs," from Medieval Latin proprietarius
"owner of property," noun use of Late Latin adjective proprietarius "of a
property holder," from Latin proprietas
"owner" (see property). Meaning
"held in private ownership" is first attested 1580s. The word was used earlier in English as a noun meaning "proprietor," also "worldly person" (c. 1400), from a noun use in French and Medieval Latin.
testament : [etymonline] late 13c., "last will disposing of property," from Latin testamentum "a last will, publication of a will," from testari "make a will, be witness to," from testis "witness," from PIE *tri-st-i- "third
person standing by," from root *tris- "three" (see three) on the notion of "third person, disinterested witness."
feudal : relating to feudalism [wikipedia] was a combination of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of
land in exchange for service or labour.
custody : [etymonline] mid-15c., "a keeping, a guarding, safe-keeping, protection, defense," from Latin custodia
"guarding, watching, keeping," also "prison," from custos (genitive custodis)
"guardian, keeper, protector," from PIE root *(s)keu- "to cover, conceal." Meaning "restraint of liberty, confinement" is from 1580s.
finitum est : Latin; it is finished, it is done.
corporeal : 1610s, "of a material or physical nature, not mental or spiritual," with adjectival suffix -al (1) + Latin corporeus "of the nature of a body," from corpus "body" (living or dead), from PIE *kwrpes, from root *kwrep- "body, form, appearance." Meaning "relating to a material body or physical thing" is from 1660s. Related: Corporeality, corporeally.
kudos : praise and honour received for an achievement; also an acknowledgement by way of compliments or congratulations.
itinerant : 1560s (attested in Anglo-Latin from late 13c.), from Late Latin itinerantem (nominative itinerans), present participle of itinerare
"to travel," from Latin iter (genitive itineris)
"a journey," from ire "go" (from PIE root *ei- "to go"). Originally in reference to circuit courts. As a noun from 1640s. Related: Itinerancy. Middle English had itineral
"having to do with travel" (late 15c.).
asisse : Latin "to sit" and used with reference to periodic courts held around Eng
land and Whales when together with the quarter sessions were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court.
attainder : [wikipedia] In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life,
property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted. [etymonline] mid-15c., in law, "extinction of
rights of a
person sentenced to death or outlawry,"
heafodgilt : old english "deadly sin, or capital offence"
capital : "of or pertaining to the head," from Old French capital, from Latin capitalis "of the head," hence "capital, chief, first," from caput (genitive capitis) "head" (from PIE root *kaput- "head"). Meaning "main, principal, chief, dominant, first in importance" is from early 15c.
bribery : [etymonline] late 14c., "theft, robbery, swindling, pilfering," from Old French briberie (see bribe (n.) + -ery).
Specifically "act of magistrates taking money for corrupted services" is from 1540s; sense of "offering of a bribe" is from 1560s.
bribe : [etymonline] (n.) late 14c.,
"thing stolen," from Old French bribe "a gift," properly "bit, piece, hunk; morsel of bread given to beggars" (14c., compare Old French bribeor "vagrant, beggar"), from briber, brimber "to beg," a general Romanic word (compare Spanish briba "vagrancy," Italian birbone "a vagrant"); Gamillscheg marks the French word as Rotwelsch, i.e. thieves' jargon. The whole group is of uncertain origin; old sources suggest it could be Celtic (compare Breton breva, Welsh briwo "to break") and akin to break (v.). Shift of meaning to "gift given to influence corruptly" is by mid-15c. [comment] Hunger might be a motivating factor where a bribe or morsel has been used to compel performance as of the indigent to commit a wrongful act. Also a bribe from the early French alludes to a gift or gifts given in return for un
lawful consideration usually favours from those in positions of political influence.
[The Century dictionary @ wordnik.com] The act or practice of giving or taking a bribe, or of influencing or being influenced by a bribe or bribes; especially, the act of paying or receiving, or of agreeing to pay or receive, a reward other than legal compensation for the exercise of official or delegated power irrespective of the dictates of duty, or for a false judgement or testimony, or for the performance of that which is known to be illegal or unjust.
guest : legalese; a
person who's presence is tacitly unwanted, or at enmity with the purposes of the bar association, or law society within a court proceeding.
ambulatory : relating to or adapted for walking [etymonline] 1620s,
"pertaining to walking;" also "movable; shifting, not permanent," from Latin ambulatorius "pertaining to a walker; movable," from ambulator, agent noun from past participle stem of ambulare
"to walk, go about" ie. the
child gradually became ambulatory after recovering for some time in bed.
lien : Anglo-French lien, loyen
"bond", "restraint", from Latin ligamen, from ligare
"to bind" A
lien is a
claim or right in the form of a security interest granted over
property to secure the payment of an outstanding
debt and often used by banks and financial institutions to secure or guarantee loan repayments. If somebody holds a
lien over your
property he may have the right to sell your
property in
order to satisfy a debt, or in lieu may
require some other obligation be met.
Liens also have the effect of placing a hold on your
property so as to make title to it non-transferable until all debts are paid. To have a
lien lifted a
man can
require a hearing or trial and place an
order before the court that the
lien be lifted not withstanding the appearance of, and testimony under oath from the
man or wo
man who placed the lien; as to why the
lien should not be lifted.
forensic : Suitable for use in a court of law, where forensic accountants work to such a standard so as to make presentable evidence of a financial nature for a court of law.
supposition : early 15c., a term in logic, "presumption, hypothesis," from Medieval Latin suppositionem (nominative suppositio)
"presumption, hypothesis, a supposition," noun of action from past participle stem of supponere (see suppose); influenced by Greek hypothesis. In classical Latin,
"a putting under, substitution." Earlier in English in the same sense was supposal (late 14c.). Related: Suppositional; suppositionally.
induce : [etymonliine] formerly enduce, late 14c., from Latin inducere
"lead into, bring in, introduce, conduct; persuade; suppose, imagine".
intentional torts : In Australia intentional torts to the
person are those which involve direct, intentional or wilful invasions of the physical and mental integrity of the person. The three major intentional torts include
assault, battery and false imprisonment. The morality of imposing liability on a wrongdoer to compensate the victim of an intentional tort is readily apparent: the intentional infliction of
harm is ordinarily unacceptable conduct and the wrongdoer compensating the injured
person for loss suffered is both just and appropriate.
tort : [etymonline] mid-13c.,
"injury, wrong," from Old French tort
"wrong, injustice, crime" (11c.), from Medieval Latin tortum "injustice," noun use of neuter of tortus "wrung, twisted," past participle of Latin torquere "turn, turn awry, twist, wring, distort" (from PIE root *terkw- "to twist"). Legal sense of "breach of a duty, whereby someone acquires a right of action for damages" is first recorded 1580s.
congruent : early 15c.,
"suitable, proper, harmoniously joined or related," from Latin congruentem (nominative congruens) "agreeing, fit, suitable," present participle of congruere
"agree, correspond with," literally
"to come together,"
adjudicatory hearing : is where a judgement is given or motion granted with respect to supporting evidence in a trial process. Adjudicatory hearings in many jurisdictions are generally cases involving juveniles and are the equivalent of a criminal trial for adults.
blackmail : 1550s, "tribute paid to men allied with criminals as protection against pillage, etc.," from black (adj.) + Middle English male
"rent, tribute," from Old English mal "lawsuit, terms, bargaining, agreement," from Old Norse mal "speech, agreement;" related to Old English mæðel "meeting, council," mæl "speech," Gothic maþl "meeting place," from Proto-Germanic *mathla-, from PIE *mod- "to meet, assemble" (see meet (v.)). A tribute paid under duress, or under the threat of repercussions should one disregard the terms of a contract entered into under duress. [Law made simple D. Barker] It is blackmail if, with a view to gain for himself or another or with intent to cause loss to another, a
person makes any unwarranted
demand with menaces; and it is unwarranted unless he makes it in the belief: (a) that he has reasonable grounds for making the demand, and (b) that the use of menaces is a proper means of enforcing the demand.
The word comes from the freebooting clan chieftains who ran protection rackets against farmers in Scot
land and northern England. The custom persisted until mid-18c. Black from the evil of the practice. The sense expanded by 1826 to mean any extortion by means of intimidation, especially by the threat of exposing facts related or otherwise to scandal. Compare silver mail "rent paid in money" (1590s); buttock-mail (Scottish, 1530s) "fine imposed for fornication."
soliloquy : [etymonline] 1610s, from Late Latin soliloquium
"a talking to oneself," from Latin solus
"alone" (see sole (adj.)) + loqui
"to speak" (from PIE root *tolkw- "to speak"). Also used in translation of Latin "Liber Soliloquiorum," a treatise by Augustine, who is said to have coined the word, on analogy of Greek monologia (see monologue). Related: Soliloquent.
deceptive practices & fraud : relate broadly to companies or institutions that engage in deception or fraud on unwitting clients in an industry they are well trained in. Examples are securities fraud, credit card fraud, auto dealer fraud, health care fraud, mortgage fraud, telemarketing schemes, and advertising scams. [wikipedia] Its equivalent in Australian law is the
doctrine of misleading or deceptive conduct. Section 18 of the Australian Consumer Law,[1] which is found in schedule 2 of the
Competition and Consumer Act 2010, prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive.
fallacy : late 15c.,
"deception, false statement," from Latin fallacia
"deception, deceit, trick, artifice," abstract noun from fallax (genitive fallacis) "deceptive," from fallere "deceive" (see fail (v.)). Specific sense in logic, "false syllogism, invalid argumentation," dates from 1550s. An earlier form was fallace (c. 1300), from Old French fallace.
force majeure : French; used to describe the unseen circumstances that prevent somebody fulfilling the terms of a contract.
bona fide : "in good faith" meaning to act honestly without the intention to decieve
mala fides : "bad faith" an antonym of the term bona fide where one may have acted dishonestly with the intention to deceive.
de facto : In Latin, this translates to
“in fact”. This is used to describe practices that exist in reality even if not strictly legally recognised.
habeas corpus : In Latin, this translates as “you
shall have the body”. It is a court order, often directed to the public authorities, to bring a detained
person before the court for a hearing to determine the legality of the person’s detention. It prevents public authorities from detaining individuals without legitimate reasons.
in loco parentis : In Latin, this translates to
“in the place of a parent”, and refers to someone who assumes parental responsibilities for a young person, but is not that person’s parent.
lacuna : In Latin, this translates to “void” or “gap”. It is commonly used in the situation where there are a set of factual circumstances that for which the law does not provide. This is also known as a “gap in the law”.
prima facie : In Latin, this translates to
“at first look” or
“on its face”, and refers to evidence that is accepted as sufficient to prove a particular fact, unless rebutted by contrary evidence.
pro rata : In Latin, this translates to “from the rate”. It refers to the proportionate adjustment to a calculation. For example, if the initial calculation is $14 for 7 days, payment for 3 days pro rata would be $6 ($2 per day x 3)
ab extra : Latin, meaning literally "from outside" and often used to indicate funding that may have been received from an unrelated party to a transaction.
promissory note : a signed IOU, or promise to pay back borrowed
money that contains the terms by which the
money is to be repayed including the name of the borrower, the address of the
property (if real estate) for which the loan has been made, the interest rate the
money is to be repayed at, the amount of the loan, and a term in the number of years that the loan is to be repayed. Generally a promissory note is not held on, or is a matter of public record in such places as a
register of deeds, but rather is held by the lender ie. a banking institution while the loan is outstanding and is returned to the borrower marked as paid in full once all obligations have been met. A promissory note is an essential element in the process of buying a home with borrowed finance, it is evidence of an agreement between the borrower and lender that a loan exists and is distinct from a "mortgage" or "
deed of trust" that pledges something of security (usually the home itself) should the terms of the promissory note not be met. Without the original promissory note as evidence a transaction has occurred the right of foreclosure becomes void.
mortgage : from French mort "death" + gage "pledge, or guarantee" its early use possibly derived from feudal times where a
person may have gaged (pledged) his very life if a condition or agreement was not met. Today it can be viewed as a lien, or a
deed (an evidence) on public record pledging something of value; usually real estate; if the conditions of a loan agreement, or promissory note between a mortgager and mortgagee are not met giving the mortgager the right to foreclose or sell the
property to recoup his loses.
trust deed : is similar to a mortgage in that it secures or guarantees a loan in default of the conditions laid out in the terms of a loan agreement or promissory note. A trust
deed contains three parties 1) the trustor (borrower), 2) the lender (beneficiary), and 3) the trustee, or "foreclosure trustee" (The trustee is an independent third party that holds “bare” or “legal” title to the property. The main function of a trustee is to sell the
property at public auction if the trustor defaults on payments.)
naked : This word is used in a metaphorical sense to denote that a thing is not complete, and for want of some quality it is either without power, or it possesses a limited power. A naked contract, is one made without consideration, and, for that reason, it is void; a naked authority, is one given without any right in the agent, and wholly for the benefit of the principal. 2 Bouv. Inst. n. 1302. See Nudum Pactum. [comment] for want of the power to be enforceable, bare, i.e. as in the Latin term
nudum pactum "bare promise" or "naked contract" which; for want of consideration is a contract that has no substance in terms of being a legally enforceable agreement. In Ro
man law a nudum pactum was an informal agreement made in passing there being no intention for the exchange of any consideration. "Naked possession" another legalese term; to be used in comparison only from within a
common law claim; is similar in that it refers to someone who may hold or maintain possession of something but without the right to do so.
insure : means to
safeguard against loss or damage, typically through the purchase of insurance to do so. If a contract stipulates that an individual
must insure something the contract is stipulating that the individual
must purchase insurance to safeguard that asset.
ensure : give an assurance, or undertaking, or "make sure" that something is done, or that a condition is met with no stipulation how it is to be carried out; as distinct from an obligation to purchase insurance as a safeguard against loss or damage.
bare title : also called legal title, or naked title is usually held by a trust company on behalf of a lender and carries non of the benefits of ownership as would equitable title in a
property held by the buyer.
title deed : refers to a document that transfers the legal right to own
property and is distinct from a
certificate of title or
certificate of ownership that indicates the
lawful outright ownership of
land held in fee simple.
unsolicited : "not asked for, unsought" where you may have been approached or contacted not having previously made any enquiries as such. Phone calls from organisations with whom you have no business dealings, or have no relationship to are unsolicited. When something unsolicited becomes a point of worry or concern it then becomes a
trespass and can be prosecuted as such.
solicit : from Latin sollicitare
"to disturb, rouse, trouble, harass; stimulate, provoke," with a sense of petitioning someone possibly with importuning's for a favourable response in terms of a sale, or providing a service that a
man might be compelled to provide because of words or actions he would otherwise fear to disregard.
bother : (v.) to bewilder, to confuse, or from 1745 "give trouble to"
belong : [etymonline] mid-14c., "to go along with, properly relate to," from be- intensive prefix, + longen "to go," from Old English langian
"pertain to, to go along with," which is of uncertain origin but perhaps related to the root of long (adj.). Senses of
"be the property of" and
"be a member of" first recorded late 14c. Cognate with Middle Dutch belanghen, Dutch belangen, Ger
man belangen. Replaced earlier Old English gelang, with completive prefix ge-.
possession : to hold, or to have physical control over something though not necessarily with the right of ownership, or proof of title.
grant deed/ warranty deed : upon the sale of
property it is a
deed given by the seller/grantor to the buyer/grantee. The
deed is an evidence guaranteeing that the seller owns clear title to a piece of real estate and has the right to sell the
property to the grantee/buyer. The guarantee is not limited to the time for which the grantor has owned the
property but extends back in history to its origins.
certificate of acknowledgement : is a
deed (an evidence/certificate) under notary seal acknowledging the grant of real estate by way of a grant deed, or warranty deed, and with an accompanying certificate of authority identifying the notary; is filed with a
register of deeds or similar public records office so as to make complete the title of ownership to real estate in
common law.
repugnant : contrary or in opposition to. eg. In law a change or alteration to the constitution cannot be made where such a change is repugnant, or (in opposition to the imperial acts) [etymonline] late 14c., "contrary, contradictory," from Old French repugnant
"contradictory, opposing" or directly from Latin repugnantem (nominative repugnans), present participle of repugnare
"to resist, fight back, oppose; disagree, be incompatible," from re- "back" (see re-) + pugnare "to fight" (from PIE root *peuk- "to prick"). Meaning "distasteful, objectionable" is from 1777.
mort d’ancestre : Catalan/French "death of an ancestor"
duces tecum : Latin "bring with you" in some US jurisdictions it is called a "subpoena for production of evidence" [wikipedia] The phrase "subpoena duces tecum" is a Latin expression meaning literally "under [threat of] penalty [or punishment] you will bring [it] with you." (sub=under); (poena=penalty); (duces= you will bring); (te=you); (cum=with);
presentment : a) The act of presenting to view or consciousness b) something set forth, presented, or exhibited c) the aspect in which something is presented."
amuse : late 15c., "to divert the attention, beguile, delude," from Old French amuser
"fool, tease, hoax, entrap; make fun of," literally
"cause to muse" (as a distraction), from a "at, to" (from Latin ad, but here probably a causal prefix) + muser
"ponder, stare fixedly" (see muse (v.)).
Original English senses obsolete; meaning "divert from serious business, tickle the fancy of" is recorded from 1630s, but through 18c. the primary meaning was "deceive, cheat" by first occupying the attention. "The word was not in reg. use bef. 1600, and was not used by Shakespere" [OED]. Bemuse retains more of the original meaning. Greek amousos meant "without Muses," hence "uneducated."
vested : [etymonline]
"established, secured, settled, not in a state of contingency," 1766, past-participle adjective from
vest (v.) early 15c., "to put in possession of a person," from Old French vestir "to clothe; get dressed," from Medieval Latin vestire
"to put into possession, to invest," from Latin vestire
"to clothe, dress, adorn," related to vestis "garment, clothing," from PIE *wes-ti-, suffixed form of *wes- (2) "to clothe," extended form of root *eu- "to dress." Related: Vested; vesting.
contingent : open to the possibility of chance or free will.
interest : from Medieval Latin interesse "compensation for loss," and from mid-15c
"a legal claim or right"
vested interest : an established
claim of right over
property
attorney : According to
A New Dictionary of the English Language (1839), the word
attorney means "an agent, or one acting in the turn, or stead of another : in battle, at a
tourn, or
tourney; in law or other business". Ibid. the word tourn is used with the sense of martial or military sport or entertainment, in which performers displayed their skill in the management of horses in turning, returning, wheeling, during an engagement or encounter" It can also mean "A court held by the sheriff. Dictionary.com defines the word tourney as "a tournament". The word attorney (attorn-ey) is more likely to have originated from the word attorn defined by A Dictionary of Law (1889) as "To turn over, the transfer of services to a new lord; the cognisance given a landlord as the transferee of a leasehold". [etymonline] In feudal law,
"to transfer homage or allegiance to another lord."
semantics : the study, science, and manipulation of words and their meanings in language.
English Common Law : Is a legal system, or system of law practised by Barristers and Lawyers established at the time of Magna Carta that relies upon case law, judicial decisions from law reports, and statutes drafted into law by a legislative assembly. The standard for motions and petitions before the bench in support of rulings for orders in English
Common Law is very high but because they are not always supported by the verifiable testimony of a man; English
Common Law is a type and shadow of "
common law" that can only attempt to be persuasive as to complaints.
ab invito : Unwillingly
vagueness : [Cahill the Cyclopedic
Law Dictionary 1922] Uncertainty. Certainty is required in contracts, wills, pleadings, judgements, and, indeed, in all the acts on which courts have to give a judgement, and if they be vague so as not to be understood, they are, in general, invalid. 5 Barn. & C. 588; 1 Russ. & M. 116; 1 Chit. Prac. 123. A charge of frequent intemperance and habitual indolence is vague and too general. 2 Mart. (La.; N. S.) 530. See "Certainty."
veritas nihil veretur nisi abscondi : [Cahill the Cyclopedic
Law Dictionary 1922] Truth fears nothing but concealment. 9 Coke, 20.
subpoena : From Latin "under penatly" is a writ or
order that someone appear before a court to give witness testimony or provide physical evidence
subpoena ducus tecum "under penalty bring it with you".
summons : a notice to appear in court served on someone who is the subject of a legal or administrative proceeding which in New South Wales is known as a
court attendance notice, or CAN.
treble damages : a legalese term used instead of "triple damages"
record : in legalese
record means to place something in writing as distinct from recorded testimony under the penalty of perjury that can be relied upon in evidence. Acts of parliament have been
recorded, written down, or enrolled but are not persuasive because no
man will give testimony as to their veracity, or bare liability as to any
harm that may proceed from actions based on what is written therein.
veracity : [etymonline] 1620s, from French véracité (17c.), from Medieval Latin veracitatem (nominative veracitas)
"truthfulness," from Latin verax (genitive veracis) "truthful," from verus "true" (from PIE root *were-o-
"true, trustworthy").
unlawful detainer : is a legal action mainly used in the US and is based on a breach of contract with respect to rental properties ie. failure to pay the rent on time; remaining in a
property when there is a term in a lease that requires the
property be vacated at its conclusion (in Australia; a Fixed-term tenancy); harboring pets and animals against the terms of the lease agreement etc.
Internet reference:
https://propertyupdate.com.au/a-state-by-state-guide-to-legally-evicting-tenants/
vitiating factor : In contract law a vitiating factor makes a contract imperfect being a misrepresentation, mistake, undue influence, duress, incapacity, illegality, frustration, or unconscionability.
abuse : in law abuse can only have occurred where there is resultant
harm or injury i.e. someone has been wrongfully and repeatedly hit with a stick the end result; wounds inflicted at the hands of his attacker, or a young girl has been raped and
scarred for life as a result. [etymonline] early 15c., "to misuse, misapply" (power, money, etc.), from Old French abuser
"deceive, abuse, misuse" (14c.), from Vulgar Latin *abusare, from Latin abusus
"an abusing; a using up," past participle of abuti
"use up, consume," also "misuse, abuse, misapply, outrage," from ab "off, away from" (see ab-) + uti "use" (see use).
Also in reference to forbidden sexual situations from early 15c., but originally meaning incest, masturbation (self-abuse), homosexuality, prostitution, etc. From 1550s specifically as "to misuse sexually, ravish," but OED 2nd ed. marks this obsolete and the modern use "subject (someone) to unwanted sexual activity" is likely a fresh coinage from late 20c. Specifically of drugs, from 1968. Meaning "attack with harsh language, revile" is from c. 1600. Related: Abused; abusing.
controversy : "disputation, debate, prolonged agitation of contrary opinions," late 14c., from Old French controversie "quarrel, disagreement" or directly from Latin controversia
"a turning against; contention, quarrel, dispute," from controversus
"turned in an opposite direction, disputed, turned against," from contra "against" (see contra (prep., adv.)) + versus
"turned toward or against," past participle of vertere "to turn" (from PIE root *wer- (2) "to turn, bend").
entire : [etymonline] mid-14c., of things, "whole, intact," from Old French entier
"whole, unbroken, intact, complete," from Latin integrum
"completeness" (nominative integer; see integer). Related: Entireness.
wish : Only a
man has the capacity to make a wish, and unless determined as un
lawful such a
wish has to be granted and cannot be denied. A
man in court wants for nothing, nor does he ask for anything rather it is his wish, or that he requires a certain thing be done. [etymonline] Old English wyscan
"to wish, cherish a desire," from Proto-Germanic *wunsk- (source also of Old Norse œskja, Danish ønske, Swedish önska, Middle Dutch wonscen, Dutch wensen, Old High Ger
man wunsken, Ger
man wunschen "to wish"), from PIE root *wen- (1) "to desire, strive for." Related: Wished; wishing. Wishing well as an enchanted water hole attested by 1819.
investigator : in Australia an investigator who provides a brief of evidence for the CDPP (Commonwealth Director of Public Prosecutions) is then known as
the informant.
allege : a formal declaration or positive pronouncement in court as to the truth of a matter, however to allege something is not necessarily supported with evidence and as such in these cases is not persuasive and only presumptive.
frivolous : mid-15c., from Latin frivolus
"silly, empty, trifling, worthless," diminutive of *frivos "broken, crumbled," from friare "break, rub away, crumble" (see friable). In law (by 1736), "so clearly insufficient as to need no argument to show its weakness." Related: Frivolously; frivolousness.
frustration : Is a doctrine in the law of contracts standing along side
impossibility and
impracticability that sets aside an obligation to fulfil the terms of a contract based on unforeseen circumstances or an event that affects the fulfilment of what was intended by the contract.
foreign judgement : Is a judgement recognised and is enforceable in one jurisdiction that has been rendered in another such as between differing states or countries. For a foreign judgement to be recognised it has to have been made finally and conclusively.
directed verdict : A Judge will give directions to a Jury to return a particular verdict where the Jury; within reason; could not possibly have expected to reach a decision to the contrary.
malicious : mid-13c., "harboring ill-will, enmity, or hostility," from Old French malicios "showing ill will, spiteful, wicked" (Modern French malicieux), from Latin malitiosus
"wicked, malicious," from malitia
"badness, ill will, spite," from malus
"bad, unpleasant" (see mal-). In legal use (early 14c., Anglo-French), it means "characterized by malice prepense" (see malice).
anterior : Latin literally "former", "earlier, in front of, before"
reciprocity : from Latin
reciprocus, past participle of
reciprocare being a condition, relationship, or cooperative mutual interchange of rights, privileges and trade between two nations.
unjust enrichment : [wikipedia] unjust enrichment is closely linked to the law of restitution and occurs when one
person is enriched at the expense of another in circumstances that the law sees as unjust. A maxim supporting the prosecution of unjust enrichment reads "no one should be benefited at another's expense":
nemo locupletari potest aliena iactura or nemo locupletari debet cum aliena iactura
taxonomy : the science or technique of classification, or the classification into ordered categories. Taxonomy is used extensively in biology because it involves the classification and naming of new species etc.
meretricious : from Latin
meretricius "of or pertaining to prostitutes" from meretrix (genitive meretricis) "prostitute," literally "wo
man who earns money,". Meaning
"gaudily alluring, alluring by false attractions" is from 1630s. Related: Meretriciously; meretriciousness. Also; attracting attention in a vulgar manner.
secular : [etymonline] c. 1300,
"living in the world, not belonging to a religious order," also
"belonging to the state," from Old French seculer (Modern French séculier), from Late Latin saecularis
"worldly, secular, pertaining to a generation or age," from Latin saecularis
"of an age, occurring once in an age," from saeculum "age, span of time, lifetime, generation, breed."
mere puff : In contract law a
'mere puff' is an exaggerated statement that no reasonable
person would take it seriously. It is not an offer nor a representation.
ACN : this is an acronym for an
"Australian Company Number" and is a unique nine-digit number issued by the Australian Securities and Investments Commission (ASIC) to every company registered under the Commonwealth Corporations Act 2001 as an identifier.
harbor : (v.) providing lodgings for, or shelter, or to give protection to. ie. the Tennant was illegally harboring numerous cats and dogs.
intemperance : early 15c., "lack of restraint, excess," also of weather, "inclemency, severity," from Old French intemperance (14c.) and directly
from Latin intemperantia "intemperateness, immoderation, excess" (as in intemperantia vini "immoderate use of wine"), from in- "not, opposite of" (see in- (1)) + temperantia "moderation, sobriety, discretion, self-control," from temperans, present participle of temperare "to moderate" (see temper (v.)).
practising certificate : to work as a Lawyer in New South Wales you have to be the holder of a practising certificate as required by the
"Legal Profession Uniform Law Act"
original jurisdiction : original jurisdiction belongs to the court or judicial body from which a judicial decision originated, or a court that is established having jurisdiction over particular matters according to a Constitution etc. ie.
"Section 75(v) of the Australian Constitution provides that the High Court will have original jurisdiction over a writ of Mandamus, writ of prohibition, or an injunction sort against an officer of the Commonwealth". Appeals to higher courts against rulings may be successful but ultimately are only persuasive as it is the court of original jurisdiction that has control of a final judgement.
exclusive : mid-15c.,
"so as to exclude;" 1560s, "that excludes," from Medieval Latin exclusivus, from exclus-, past participle stem of excludere (see exclude). Of monopolies, rights, franchises, etc., from 1760s; of social circles, clubs, etc.,
"unwilling to admit outsiders," from 1822. Related: Exclusively; exclusiveness.
quia timet : from Latin "because he is afraid" and is the name for an equitable injunction used to secure ones
rights against damages at some point in the future.
perjury : late 14c.,
"act of swearing to a statement known to be false," via Anglo-French perjurie (late 13c.) and Old French parjurée "perjury, false witness," both from Latin periurium
"a false oath," from periurare
"swear falsely," from per "away, entirely" (see per) + iurare "to swear" (see jury (n.)). Related: Perjurious.
neglect : [etymonline] 1520s, "omit to do or perform;" 1530s, "treat carelessly or heedlessly, treat with disrespect or without proper attention or care;" from Latin neglectus, past participle of neglegere
"to make light of, disregard, be indifferent to, not heed, not trouble oneself about," literally
"not to pick up," variant of neclegere, from Old Latin nec "not" (from PIE root *ne- "not") + legere "pick up, select," from PIE root *leg- (1) "to collect, gather." Related: Neglected; neglecting. [comment] from Latin "not to pick up" where there may be a duty of care, or an obligation to perform by that which is implied (constructively so), however by inaction one chooses not to.
accordingly : law; to act accordingly would be to conduct oneself in a compliant, agreeable, consistent, harmonious, suitable, and appropriate manner.
adverse possession : Adverse possession is a legal principle that enables the occupier of a piece of
land to obtain ownership, if uninterrupted and exclusive possession of the
land for at least 15 years can be proven (VIC). [wikipedia] Adverse possession, sometimes colloquially described as "squatter's rights",is a legal principle under which a
person who does not have legal title to a piece of property—usually
land (real property)—acquires legal ownership based on continuous possession or occupation of the
land without the permission of its legal owner.[1]
capricious : 1590s,
"humorous;" c. 1600,
"apt to change the mind suddenly, fickle," from French capricieux
"whimsical" (16c.), from Italian capriccioso, from capriccio (see caprice). Related: Capriciously; capriciousness.
quantum meruit : Latin
"what one has earned." In the context of contract law, it means something along the lines of "reasonable value of services".
curia regis : Latin "royal council" or "kings court". Two forms of curia regis where created by William the conqueror in 1066 the first; the lesser form (lesser
curia regis) was an itinerant court that followed the king, and the greater named the
Magnum concilium or (Great Council) which was only held at certain times throughout the year and consisted of the Kings court, ranking members of the church, and wealthy
land owners.
original writ : In the past it was an
order from the lord chancellor to begin a legal proceeding.
judicial writ : was issued during a legal proceeding.
lords spiritual : also named spiritual peers are the 26 bishops of the established Church of Eng
land who serve in the House of Lords along with the Lords Temporal.
hence : "(away) from here, or away from this place", also Late 14c.; meaning as a consequence, for this reason, or arising from this fact or circumstance.
forest eyre : [reference: Blackstone's commentaries] The highest forest court, established by Henry II, held by itinerant forest justices, under the authority of two Chief Justices of the Forest, one for north and one for south of the river Trent after 1238. This court has ceased to exist from the era of the revolution in 1688 but its significance along with the
private courts of
"commissioners of sewers" and others is of high value juxtaposed against courts of a special jurisdiction held today such as for traffic related matters and summary offences; where considering these were in the same form being "courts of record" where any errors from them lay to the court of King's Bench for the redress of the mal-administration of justice.
court of record : A court of record only moves according to the course of the
common law, however matters pertaining to that of inferior jurisdictions such as for traffic or summary related offences that
require the power to fine and imprison are also heard in the same court where any errors to redress the mal-administration of these inferior courts lie to the court of Kings/Queens Bench. A court of record generally has five elements.
1. Keeps a Record of the proceedings
2. Does not move according to legislative rules, or acts of Parliament; but proceeds so as to determine the truth and law as a matter of right according to the law of the land, or by the course of the '
common law'.
3. Has the power to fine and imprison for contempt.
4. Generally has an optional Seal.
5. The Tribunal is independent of the Magistrate (Judge)
illustrious : [etymonline] 1560s,
"distinguished by greatness, renowned," from Latin illustris
"lighted, bright, brilliant;" figuratively
"distinguished, famous," probably a back-formation from illustrare "make light, light up, illuminate," figuratively "embellish, distinguish, make famous" (see illustration). Replaced illustre in same sense (mid-15c.), from Middle French illustre.
municipal : [etymonline] "of or pertaining to the local self-government or corporation of a city or town," 1540s, from Middle French municipal, from Latin municipalis
"pertaining to a citizen of a free town, of a free town," also "of a petty town, provincial," from municipium
"community, municipality, free town, city whose citizens have the privileges of Roman citizens but are governed by their own laws," from municeps
"native, citizen, inhabitant of a free town."
belligerent : [google] hostile and aggressive [etymonliine] 1570s,
"waging war, engaged in hostilities," from Latin belligerantem (nominative belligerans), past participle of belligerare
"to wage war," from bellum "war" (see bellicose) + gerere "to bear, to carry" (see gest). The noun meaning
"party or nation at war" is from 1811. Related: Belligerently
demesne : [Tami Pepperman] "of mine". [etymonline] c. 1300, demeine, demeyne (modern spelling by late 15c.),
"power; dominion; control, possession," senses now obsolete, from Anglo-French demesne, demeine, Old French demaine
"land held for a lord's own use," from Latin dominicus
"belonging to a master," from dominus "lord, master," from domus "house" (from PIE root *dem- "house, household").
trust : (n.)
law there are many types of trusts but ultimately a trust is a three way relationship. [Blacks Law 7th edition] The right, enforceable solely in equity, to the beneficial enjoyment of
property to which another
person holds the legal title; a
property interest held by one
person (the
trust-ee) at the request of another (the
settlor) for the benefit of a third party (the
beneficiary). For a trust to be valid, it
must involve specific property, reflect the settlor's intent and be created for a
lawful purpose.
at large : [the free dictionary] Not limited to any place, person, or topic; for example, a representative at large is elected by the voters of the state as a whole rather than voters of a particular district. Free from control or restraint, such as a criminal at large.
lawful : What arises out of a
claim that is determined as the truth and as law as a matter of right before a Jury (an independent tribunal); according to the course of the '
common law'. A
lawful outcome or judgement arises out of a
claim that certain actions or inactions have led to a
trespass being the wrongful cause of harm, injury, or loss. Something done in an un
lawful manner causes the fear of harm,
harm to a
man or woman; or are actions, or inactions that result in injury, or loss to his
person and or property. What is
lawful or un
lawful is distinct as a matter of right from what is legal or illegal as relating to a breach of a policy, code, or the rules of a legislative assembly.
suspended sentence : a suspended sentence essentially outlines terms and conditions in lieu of a prison sentence that default to serving prison time if the terms and conditions are breached or not met.
no case : at the close of a prosecutions case a defendant will make a submission that there is "no case to answer" based on there being no, questionable, or unsound evidence that a crime has been committed at which point if assented to by a presiding judge the matter is dismissed.
antecedents : A person’s criminal record and background (NSW).
maintain : c. 1300, maintenen, "to support, uphold, aid;" also
"hold fast, keep in possession, preserve from capture or loss," from Anglo-French meintenir (Old French maintenir, 12c.)
"keep (a wife), sustain; persevere in, practice continually," from Latin manu tenere
"hold in the hand," from manu, ablative of manus "hand" (from PIE root *man- (2) "hand") + tenere "to hold," from PIE root *ten- "to stretch."
Sense of "hold in an existing state or condition, keep in existence or continuance" is from early 14c. Meaning "to carry on, keep up" is from mid-14c.; that of "to keep oneself, support" is from late 14c. Sense of "defend in speech, uphold by argument or assertion" is from mid-14c. Meaning "practice habitually" is from c. 1400. Sense of "furnish means for the subsistence or existence of" is from c. 1400. Related: Maintained; maintaining; maintains.
peremptory : "decisive," mid-15c., legal term, from Anglo-French peremptorie, from Latin peremptorius
"destructive, decisive, final," from peremptor "destroyer," from perimpere
"destroy, cut off," from per
"away entirely, to destruction" (see per) + emere "to take" (from PIE root *em- "to take, distribute"). Of persons or their words, "certain, assured, brooking no debate," 1580s. Related: Peremptorily. [comment] A
peremptory plea is a defence plea in criminal and civil cases seeking to 'bar' or 'cut of' a case entirely.
intent : [etymonline] "purpose," early 13c., from Old French entent, entente
"goal, end, aim, purpose; attention, application," and directly from Latin intentus
"a stretching out," in Late Latin
"intention, purpose," noun use of past participle of intendere
"stretch out, lean toward, strain," literally
"to stretch out" (see intend). In law, "state of mind with respect to intelligent volition" (17c.).
overt : from Latin aperire
"to open, uncover". When referring to gathering intelligence it would be intelligence gathered openly or in plain sight; as opposed to intelligence gathered covertly that is not openly acknowledged, displayed, or gathered in plain sight.
inertia : [etymonline] (n.) 1713, "that
property of matter by virtue of which it retains its state of rest or of uniform rectilinear motion so long as no foreign cause changes that state" [Century Dictionary], introduced as a term in physics 17c. by Ger
man astronomer and physician Johann Kepler (1571-1630) as a special sense of Latin inertia
"unskillfulness, ignorance; inactivity, idleness," from iners (genitive inertis) "unskilled; inactive" (see inert). Also sometimes vis inertia "force of inertia." Used in 1687 by Newton, writing in Modern Latin. The classical Latin sense of
"apathy, passiveness, inactivity" is attested in English from 1822.
demand : There are two types of demand; legal demands of which there are many, and a
demand carrying almost the same weight as the
claim of a matter of right [etymonline] late 13c., demaunde, "a question," from Old French demande, from demander "to request; to demand" (see
demand (v.)). Meaning
"a request, a claim, an asking for by virtue of a right or supposed right to the thing sought," also "that which is demanded or required, exaction as a tribute or concession," without reference to right, is from c. 1300. [Bouviers 1897] A claim; a legal obligation. Lord Coke says, that
demand is a term of art of an extent, greater in its signification than any other word except claim. Co. Litt. 291; 2 Hill 220; 9 S. & R. 124; 6 W. & S. 226.
Hence a release of all demands is, in general, a release of all covenants, real and personal, conditions, whether broken or not, annuities, recognizances, obligations, contracts, and the like. 3 Tho. Co. Litt. 427; 3 Penna, 120; 2 Hill, R. 228.
certify : mid-14c.,
"to declare the truth of," also
"to vouch for or confirm" (an official record, etc.), from Old French certefiier "make certain, witness the truth of" (12c.), from Late Latin certificare
"to certify, to make certain," from Latin certus
"fixed, sure" (see certain) + root of facere
"to make, do" (from PIE root *dhe- "to set, put"). Also used in Middle English in broader senses of "inform, give notice to; instruct, to direct; to designate." Related: Certified; certifying. [comment] a notary will certify that documents have been signed by somebody at a certain place and time, however this does not attest to the veracity of what is contained therein. Rather verification is the action of attesting to the truth of a matter memorialised on paper by the signing party. When a baby is born the doctors and nurses who are witnesses
verify what they have seen by signing the record of live birth, or birth registration papers.
quantum valebant : Latin
"as much as they were worth" [wikipedia] It is sometimes used in its singular form, quantum valebat, meaning “as much as it was worth". It is a common count at law very similar to quantum meruit. The two legal actions differ only in that quantum meruit is used to recover the reasonable value of services rendered, while quantum valebant is used to recover the reasonable value of goods sold and delivered. This count is considered a type of assumpsit.
notorious : [etymonline] 1540s, "publicly known and spoken of," from Medieval Latin notorius
"well-known, commonly known," from Latin notus
"known," past participle of noscere "come to know," from PIE root *gno- "to know." Middle English had notoire (mid-14c. in Anglo-French), from Old French, "well-known." Negative connotation, now predominant, "noted for some bad practice or quality, notable in a bad sense, widely but discreditably known" arose 17c. from frequent association with derogatory nouns. Related: Notoriously.
incident : [Bouviers 1856] A thing depending upon, appertaining to, or following another, called the principal. The power of punishing for contempt is incident to a court of record; rent is incident to a reversion; distress to rent; estovers of wood a tenancy for life or years.
situs : Latin,
"situation, position" (see site). In technical uses in English, "proper or original position and location of something" (as in in situ).
hocus pocus : Said by Arch Bishop John Tillotson to have originated from "hoc est corpus" as a parody of the consecration of a catholic mass; the phrase originated in the 17th century and was used by magicians and jugglers as part of an introductory incantation prior to doing a magic trick designed largely as a distraction from the mechanism behind the trick. [Google] gives meaningless talk or activity, typically designed to trick someone or conceal the truth. Research uncovered by Rowan Dorian distinguishes hocus pocus also as language formed by linguists who did not ascribe any reality to units or categories etc..; they had established; as distinct from God's Truth linguists who did. The use of all capital letters in names and for the body of text in written instruments is an example of such language which is a nonsense grammatically that does not adhere to the proper convention of
written english and is used extensively in the naming conventions used by lawyers given for legal entities such as for persons, and corporations where a
person may be unaware that he is consenting to a contract written a such when he has failed to dissent.
false : [etymonline] late Old English, "intentionally untrue, lying," of religion, "not of the true faith, not in accord with Christian doctrines," from Old French fals, faus "false, fake; incorrect, mistaken; treacherous, deceitful" (12c., Modern French faux), from Latin falsus
"deceptive, feigned, deceitful, pretend," also
"deceived, erroneous, mistaken," past participle of fallere "deceive, disappoint," which is of uncertain origin (see fail (v.)).
Adopted into other Germanic languages (cognates: Ger
man falsch, Dutch valsch, Old Frisian falsk, Danish falsk), though English is the only one in which the active sense of "deceitful" (a secondary sense in Latin) has predominated. From c. 1200 as "deceitful, disloyal, treacherous; not genuine;" from early 14c. as "contrary to fact or reason, erroneous, wrong." False alarm recorded from 1570s. False step (1700) translates French faux pas. To bear false witness is attested from mid-13c.
[comment] used extensively in the
common law the word false denotes what is un
lawful vide lawful.
silence : The state of a
person who does not speak, or of one who refrains from speaking. 2. Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent
person is bound in good faith to explain himself, in which case, silence gives consent.
argument : practice. Cicero defines it ii probable reason proposed in
order to induce belief. Ratio probabilis et idonea ad faciendam fidem. The logicians define it more scientifically to be (a means, which by its connection between two extremes) establishes a relation between them. [etymonline] from Latin argumentum
"a logical argument; evidence, ground, support, proof," from arguere
"make clear, make known, prove" [comment] the legal definition of an argument
includes that a relationship is established between the parties who choose to engage in an argument; creating a contract; where acceptance is always upon a verification signed and given in writing as to the truth of what is claimed.
judicial : late 14c., "of or pertaining to a judge; pertaining to the administration of justice," from Latin iudicalis "of or belonging to a court of justice," from iudicium "judgment, decision of a court of justice," also the court itself, from iudex "a judge," a compound of ius
"right, law" (see just (adj.)) + root of dicere
"to say" (from PIE root *deik- "to show," also "pronounce solemnly"). Related: Judicially. [comment] a judicial decision is made with regard to the
rights of a
man to make a claim, and to mediate as such between two parties as a matter of right, and not with regard to legislative rules or acts of parliament.
stake-holder : also stakeholder, 1708,
"one with whom bets are deposited when a wager is made," from stake (n.2) + agent noun from hold (v.). Originally one with whom bets are deposited when a wager is made. By 1965 as
"one who has something to gain or lose" (in a business, etc.),
"one who has an interest in" (something).
object : (v.) c. 1400, objecten, "to bring forward as a ground of opposition, doubt, or criticism; raise an argument against (a proposition, line of reasoning, etc.)," from Old French objecter and directly from Latin obiectus, past participle of obiectare
"to cite as grounds for disapproval, set against, oppose," literally
"to put or throw before or against," frequentative of obicere (see object (n.)). Related: Objected; objecting.
dystopia : [etymonline]
"imaginary bad place," 1952, from dys- "bad, abnormal" + ending abstracted from utopia. Earlier in medical use, "displacement of an organ" (by 1844), with second element from Greek topos "place" (see topos). Dystopian was used in the non-medical sense in 1868 by J.S. Mill:
enjoin : [etymonline] c. 1200, engoinen, "to prescribe, impose" (penance, etc.), from stem of Old French enjoindre (12c.) "impose (on), inflict; subject to; assign (to)," from Latin iniungere
"to join, fasten, attach;" figuratively "to inflict, to attack, impose," from in- "on" (from PIE root *en "in") + iungere
"to join together" (from nasalized form of PIE root *yeug- "to join"). Related: Enjoined; enjoining.
systolic : Mainly used in medicine to describe the level of blood pressure resulting from a contraction of the heart. [etymonline] 1690s, from Modern Latin systolicus, from Greek systole
"a drawing together, contraction" (see systole).
fide jussor : Fide jussor is a surety or a guarantor. In civil law fide jussor is one who becomes security for the
debt of another. Fide jussor guaranties the
debt and promises to pay if the principal does not do so. Liability arises only when principal fails to fulfill the obligation of the debt.
anterior : [etymonline]
"more in front; earlier," 1610s, Latin, literally "former, earlier, in front of, before" comparative of ante "before" (from PIE root *ant- "front, forehead," with derivatives meaning
"in front of, before"). Related: Anteriorly (1590s); anteriority.
caveat : [etymonline] "warning, hint of caution," 1550s, Latin, literally
"let him beware," 3rd
person singular present subjunctive of cavere
"to beware, take heed, watch, guard against," from PIE root *keu- "to see, observe, perceive." Legal sense "public warning preventing some action" is from 1650s. [comment] a caveat in law is usually a warning in the form of a notice served prior to an action being taken.
adverse : late 14c., "contrary, opposing," from Old French advers, earlier avers (13c., Modern French adverse) "antagonistic, unfriendly, contrary, foreign" (as in gent avers "infidel race"), from Latin adversus
"turned against, turned toward, fronting, facing," figuratively
"hostile, adverse, unfavorable," past participle of advertere "to turn toward," from ad "to" (see ad-) + vertere
"to turn, turn back; be turned; convert, transform, translate; be changed" (from PIE root *wer- (2) "to turn, bend"). For distinction of use, see averse. Related: Adversely.
thing : [Websters] the primary sense of a thing is that of an occurrence, or of that which comes, falls, or happens like an event; from Latin evenio "something that comes to pass, happens, or comes forth"
derogation : [etymonline] early 15c., derogacioun,
"act of impairing an effect in whole or part," from Old French dérogacion (14c.) and directly from Latin derogationem (nominative derogatio)
"a partial abrogation (of a law)," noun of action from past-participle stem of derogare
"take away, detract from, diminish," from de "away" (see de-) + rogare "ask, question; propose," apparently a figurative use of a PIE verb meaning literally "to stretch out (the hand)," from root *reg- "move in a straight line."
From mid-15c. as "detraction, disparagement;" from 1510s as "act of impairing in merit, reputation, or honor."
mercantile : [etymonline] "of or pertaining to merchants, trade, or commerce," 1640s, from French mercantile (17c.), from Italian mercantile, from Medieval Latin mercantile, from Latin mercantem (nominative mercans)
"a merchant," also "trading," present participle of mercari
"to trade," from merx
"wares, merchandise" (see market (n.)). Mercantile system first appears in Adam Smith (1776). [comment]
"to trade merchandise"
appurtenant : [etymonline]
"belonging, incident, or pertaining to," late 14c., from Anglo-French apurtenant, Old French apartenant, apertenant, present participle of apartenir
"be related to" (see appurtenance).
expectancy : (adj.) from Latin expectantem/exspectantem (nominative expectans/exspectans), present participle of expectare/exspectare meaning
"to be awaiting, desiring, or hopeful of an outcome".
ownership : [Butterworths
Australian Legal Dictionary] The right recognised by the law, in respect of a particular piece of
property (real or personal). to exercise with respect to that
property all such
rights as by law are capable of being exercised with respect to that type of
property against all persons, including the
rights to possession of the
property and any proceeds of its sale:
Gatward v Alley (1940) 40 SR (NSW) 175 at 178; 57 WN (NSW) 82; Palette Shoes Pty Ltd v Krohn (1937) 58 CLR 1. Owners of
property are those entitled, first, to the beneficial use of the object of ownership at their discretion, secondly, to exclude others from using it or interfering with it, and thirdly, to alienate it from others. These powers are subject to the law and
rights of third parties such as neighbours, just as the owner has the right to exclude interference by neighbours. At
common law, particularly with respect to real property, ownership is not a legal term of art. In the correct parlance of real
property law an owner of
land is the tenant or proprietor of a legal or equitable estate or interest in it. For 'ordinary ownership' this means that the
land owner is the legal fee simple tenant of a freehold tenure. This follows mainly from the doctrine of tenure under which, except for native title, all proprietary estates and interests in
land are held in tenure of the Crown, and thus the absolute ownership of
land is not possible in Australia:
Mabo v Queensland (1992) 175 CLR 1; 107 ALR 1.
([comment] The statement regarding land held in tenure of the Crown seems at odds with Chalices Real Property 3rd Edition relating to land held in fee simple in Australia as being a doctrine inherited under the Imperial Acts where with respect to the constitution any land held in fee simple is alienated from the Crown and as such cant be taxed, or legislative restrictions imposed against it) Nevertheless, freehold tenure is the only
private land tenure which has been alienated by the Crown in Australia and a freehold tenant in fee simple has the greatest powers over the
land which a
private person can juristically have. Personal
property is on the other hand generally considered capable of absolute ownership because no doctrine of tenure applies to it. At
common law, the possession of goods or
land raises a prima facie
presumption that the possessor is the owner. Also known as 'title'.
tenure : [etymonline] early 15c.,
"holding of a tenement," from Anglo-French and Old French tenure
"a tenure, estate in land" (13c.), from Old French tenir "to hold," from Vulgar Latin *tenire, from Latin tenere
"to hold" (see tenet). The sense of "condition or fact of holding a status, position, or occupation" is first attested 1590s. Meaning "guaranteed tenure of office" (usually at a university or school) is recorded from 1957. Related: Tenured (1961).
sequestration order : (NSW) is a court
order appointing a trustee to manage a persons assets, and is the equivalent of declaring a
person Bankrupt.
sequestration : c. 1400, from Late Latin sequestrationem (nominative sequestratio)
"a depositing," noun of action from past participle stem of Latin sequestrare
sequester : late 14c., "remove" something, "quarantine, isolate" (someone); "excommunicate;" also intransitive, "separate oneself from," from Old French sequestrer (14c.), from Late Latin sequestrare
"to place in safekeeping," from Latin sequester
"trustee, mediator," noun use of an adjective meaning "intermediate," which probably is related to sequi "to follow" (from PIE root *sekw- (1) "to follow"). Meaning
"seize by authority, confiscate" is first attested 1510s. Alternative sequestrate (v.) is early 15c., from Latin sequestratus. Related: Sequestered; sequestering.
equipoise : "an equal distribution of weight," 1650s, a contraction of the phrase equal poise (1550s); see equal (adj.) + poise (n.). [comment] from poise "weight, balance, consideration" it can be extended to mean "an equal distribution of significance, importance, or consideration". When referring to an equipoise of the mind it is an unresolved state of equal consideration, or reasoning between one thing and another giving rise to doubt or uncertainty.
nescient : early 15c., nesciant, "ignorant; unwilling," from Latin nescientem (nominative nesciens)
"ignorant, unaware," present participle of nescire "not to know, to be ignorant," from ne "not" (from PIE root *ne- "not") + scire "to know" (see science).
Court Alternatives History : refers to a record kept in lieu of a criminal record for young offenders dealt with under the Young offenders act in NSW. Such records may be disclosed to the investigator, the DPP and the Children's Court when considering whether to deal with other offences under the YOA in future (s. 66). Once the
child has reached the age of 21 any records relating to a warning are destroyed and in the case of a caution all evidence including finger prints, palm prints, and photographs in connection with an offence for which a caution is given have to be destroyed.
reasonable doubt : [Texas penal code] Proof of guilt beyond a reasonable doubt is required for the conviction of a criminal defendant. A reasonable doubt exists when a factfinder cannot say with moral certainty that a
person is guilty or a particular fact exists. It
must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable
person to hesitate before acting in a matter of importance. The equivalence of
reasonable doubt in civil cases is
the balance of probabilities.
probable cause : Is a standard used in the US 2nd amendment for the issuance of a warrant for criminal arrest supported by statements under oath or affirmation. [Century Dictionary] (used with reference to criminal prosecutions), such a state of facts and circumstances as would lead a
man of ordinary caution and prudence, acting conscientiously, impartially, reasonably, and without prejudice, upon the facts within his knowledge, to
believe that the
person accused is guilty. [comment] In Australia the lesser standard of a
reasonable suspicion is what is required for an arrest warrant.
remedy : [Maurice Burnett] a term that can be used for a remedy in a
common law court is a
'lawful resolution'; [comment] because
common law is largely open to interpretation the style and conventions used in language have no hard and fast rules, however the use of simple unambiguous English is of the utmost importance. A legal remedy; named
judicial relief in civil matters; differs from a "
common law lawful resolution" and comes under various headings such as Compensatory damages, Punitive damages, Incidental damages, Consequential damages, Liquidated damages, Reliance damages, Nominal damages, Statutory damages, and Treble damages. These can be used in a
common law claim to provide clarification, but in comparison only with the '
lawful resolution' that you seek ie. [
cf. Compensatory damages]
amorphous : "shapeless, having no determined form," from Modern Latin amorphus, from Greek amorphos
"without form, shapeless, deformed," from a- "without" (see a- (3)) + morphē "form," a word of uncertain etymology. Related: Amorphously; amorphousness.
constructive trust : Is a trust by interpretation, and described by Jaclene D'Agostino (Farrellfritz attorneys) as an amorphous doctrine not limited to a rigid definition because it requires flexibility in its application. She goes on to say a
constructive trust “has been famously described as a remedy applicable to ‘whatever knavery hu
man ingenuity can invent’” (In re Alpert, 9 Misc 3d at *7 [Sur Ct, New York County 2005], quoting Bogert, Trusts and Trustees Sec. 471 at 29 [2d ed rev]). It is generally used in cases of unjust enrichment with regards to
property where no innocent do-nee is precluded as no wrongful act is necessary to find unjust enrichment warranting the imposition of a
constructive trust. [comment] In criminal proceedings a
constructive trust is formed by tacit consent in the case of a defendant providing a mechanism for the transfer of fines and penalties to the state.
probative : [etymonline] "serving to test or prove; pertaining to proof or demonstration," mid-15c., from Latin probativus
"belonging to proof," from probat-, past-participle stem of probare
"show, prove, demonstrate" (see prove).
reasonable suspicion : In the United States the standard for the issuance of a warrant for criminal arrest is
"probable cause" however in New South Wales the lesser
"reasonable suspicion" applies and was defined largely due to the 2001 NSW Court of Criminal Appeals case R v Rondo where the court stated.
“reasonable suspicion involves less than a reasonable belief but more than a possibility. There must be something which would create in the mind of a reasonable person an apprehension or fear …A reason to suspect that a fact exists is more than a reason to consider or look into the possibility of its existence”. For
reasonable suspicion to be upheld; it
must on some level have been established on factual basis. In another case "Streat v Bauer; Streat v Blanco" relating to a police traffic stop the magistrate dismissed the charges, finding that there were no factors providing reasonable grounds for suspicion and therefore the police were not acting lawfully in the execution of their duty. Because Australia is a
common law country; due process established by the course of the
common law would dictate that police have the power to stop someone as a matter of right relating to harm, injury, or loss. Anything beyond this is an un
lawful arrest, or false imprisonment.
purfidy : [etymonline] "breach of faith or trust, base treachery," 1590s, from Middle French perfidie (16c.), from Latin perfidia
"faithlessness, falsehood, treachery," from perfidus "faithless," from the phrase
per fidem decipere "to deceive through trustingness; to deceive having gained the faith, credit, or trust of another." from per "through" (from PIE root *per- (1) "forward," hence "through") + fidem (nominative fides) "faith" (from PIE root *bheidh- "to trust, confide, persuade"). [comment] the word perfidy can be used to describe treasonous intentions, or acts of betrayal.
sandbagging : Generally is used with regard to sport or some form of com
petition where a competitor deliberately under performs in
order to secure a future advantage. In law it is starting an action for breach of contractual representation or warranty when it was know from the beginning the terms given were false.
In a business context, sandbagging is most often seen when a company's top brass shrewdly tempers the expectations of its shareholders by producing guidance that is well below what they know will be realistically achievable. In other words: management personnel low-ball projected earnings and other performance indicators.
Consequently, when the company achieves better-than-expected results, investors are significantly more impressed and more grateful than they would have been if the company had merely met the less-than-stellar expectations.
includes : is used to show in statute what has been excluded by virtue of it not having been included which follows the maxim
"The inclusion of one is the exclusion of another. 11 Co. 58." "Inclusio unius est exclusio alterius".
factor : [etymonline] (n.) early 15c.,
"commercial agent, deputy, one who buys or sells for another," from Middle French facteur "agent, representative" (Old French factor, faitor "doer, author, creator"), from Latin factor
"doer, maker, performer," in Medieval Latin,
"agent," agent noun from past participle stem of facere "to do" (from PIE root *dhe- "to set, put"). In commerce, especially "a commission merchant." Mathematical sense ("The Quantities given to be multiplied one by the other are called Factors") is from 1670s. Sense of "circumstance producing a result" is attested by 1816, from the mathematical sense. [thefreedictionary.com] An event, circumstance, influence, or element that plays a part in bringing about a result.
A factor in a case contributes to its causation or outcome. In the area of Negligence law, the factors, or chain of causation, are important in determining whether liability ensues from a particular action done by the defendant. Also
- 1) a mercantile agent. An agent who is in the ordinary course of business entrusted with goods or documents of title representing goods with a view to their sale. A factor has a lien over goods entrusted to him; this lien covers any claims he may have against his principal arising out of the agency. Most factors will be mercantile agents (and have the powers of such) for the purposes of the Factors Act 1889. Under this Act, in certain circumstances a factor may pass a good title to goods entrusted to him.
- 2) an institution to whom a company assigns its book debts (see FACTORING).
- 3) in Scotland a landlord or superior's agent.
elegit : to choose, select, or Latin; He has chosen. [wikipedia] In English law it was a judicial writ of execution given under the Statute of Westminster II (1285), and so called from the words of the writ, that the plaintiff has chosen (elegit) this mode of satisfaction. Previously to the Statute of Westminster II, a judgement creditor could only have the profits of lands of a debtor in satisfaction of his judgement, but not the possession of the lands themselves. But this statute provided that henceforth it should be in the election of the party having recovered judgement to have a writ of fieri facias unto the sheriff on lands and goods or else all the chattels of the debtor and the one half of his lands until the judgement be satisfied. By the Bankruptcy Act 1883 the writ of elegit extended to lands and hereditaments only.
scire facias : Most often, a writ of
scire facias deals with the enforcement and collection of judgments and is a judicial writ requiring a
person to appear in court and argue why a judgment against them shouldn't be annulled, vacated, executed, or enforced. [wikipedia] In English law, a writ of scire facias (Latin, meaning literally "make known") was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems. upcounsel.com provides more information on scire facias at the following link.
https://www.upcounsel.com/scire-facias
charge : [etymonline] c. 1200,
"a load, a weight," from Old French charge
"load, burden; imposition," from chargier "to load, to burden," from Late Latin carricare "to load a wagon or cart," from Latin carrus "two-wheeled wagon" (see car). A doublet of cargo. [comment] In a legal sense a charge is a responsibility or burden the result of a written accusation by the police in a criminal complaint. A charge has to be supported by verifiable testimony under oath or affirmation. If there is no
man or wo
man willing to give testimony as such the
man against who the charge has been made should 'require' the
discharge of the case in its entirety.
discharge : [Websters 1828] 8 law. To clear from an accusation or crime; to acquit; to absolve; to set free; with of; as, to
discharge a
man of all blame. [comment] if a criminal case has been discharged it is at an end for all time unable to be retried, however if it has been dismissed the possibility still exists for the case to be reopened.
see dismiss and charge.
sustain : if an objection by a trial lawyer with regard to irrelevance, incompetence, whether a point is immaterial, or with regard to points that are leading or argumentative is sustained by a judge; then the points in question can no longer be pursued. If however an objection is overruled the objection has no further standing.
comity : [etymonline] early 15c., "association," from French comité, from Latin comitas
"courtesy, friendliness, kindness, affability," from comis
"courteous, friendly, kind," perhaps from PIE *ko(m)smi-, literally "smiling with," from *kom- "together" + root *smei- "to laugh, smile" (see smile (v.)).
Meaning "courtesy, civility" in English is from 1540s. Phrase comity of nations attested from 1812: "The obligation recognized by civilized nations to respect each other's laws and usages as far as their separate interests allow."
restoration : from etymonline late 14c meaning "a means of healing or restoring health,
the renewing of something lost". For the purposes of
common law the word
restoration is used in the issuance of an
order for the return or renewal of
property that as a result of a
trespass has been damaged [cf. conversion], lost, stolen, or unlawfully taken. For example "i
require the
restoration of property; that which is mine; see exhibit A".
See 'lawful' and 'property'
human : is said to be a legalese word meaning "monster" referenced from Ballentines
Law Dictionary 1930 which upon further investigation
references Blackstone's Commentaries describing the birth of a
child that is not the shape of a
man which he describes as "brute creation". Blackstone goes on to say that a
child born in this way has no inheritance however if it is recognisable in hu
man form then it may be an heir; indicating that a monster is of such a state of deformity that it is unable to be recognised as a
man yet having been brought forth as a result of natural relations. Etymonline gives mid-15c., humain, humaigne, "human," from Old French humain, umain (adj.) "of or belonging to man" (12c.), from Latin humanus "of man, human," also "humane, philanthropic, kind, gentle, polite; learned, refined, civilized." This is in part from PIE *(dh)ghomon-, literally "earthling, earthly being,". [comment] Hu
man is also said to have come from the latin word humus meaning "earth, soil" hu (earth, soil) +
man = hu
man and is also said to have been adopted as a derogatory term with reference to the earlier definition of a "monster" by the law society.
see also guest
organized : 1590s, "furnished with organs," past-participle adjective from organize (v.). Meaning
"forming a whole of interdependent parts" is from 1817. Organized crime is attested from 1849.
deny : from early 14c
"declare to be untrue or untenable" and used with a sense of the word
denial "to declare something to be untrue"; however the term since the late 14c has been used more in court proceedings with a sense of "refuse, refuse to grant or give," and also "refuse to acknowledge, disavow, disown." Sense of "refuse access to" is from 1660s. Related: Denied; denying.
copyright : (n.) "the exclusive right to make and sell copies of an intellectual production," 1729, from copy (v.) + right (n.). As a verb, "to secure a copyright of," from 1806 (implied in past-participle adjective
copyrighted). Lawfully a
man can
claim a right to the ownership of an idea as ones property, but whether this right is upheld as law before his peers is not for one
man to determine; especially given that such idea's can be of greater benefit to a community than a single mans right to
claim it as his own.
normative : (adj.) "establishing or setting up a norm or standard which ought to be followed," 1880, perhaps from French normatif, from Latin norma "rule" (see normal).
servient owner : the owner of
land over which someone else has limited
rights of use.
incontrovertible evidence : [wikipedia] is a colloquial term for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; evidence so strong it overpowers contrary evidence, directing a fact-finder to a specific and certain conclusion.
affirmative defence : Despite it could be proven a defendant is guilty of an offence an affirmative defence is a set of circumstances or legal consequences such as the statute of limitations that mitigates or defeats a complaint. Despite a lawsuit having been filed and the seriousness of a
complaint or charges, you turn up to
court knowing of the affirmative defence that the statute of limitations has run out on the charges and in the knowledge the opposing party is only attempting to receive a default judgement based on the
presumption that you would not show up to court. [wikipedia] In civil lawsuits, affirmative defences include the statute of limitations, the statute of frauds, waiver, and other affirmative defences such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defences are self defence, insanity, and the statute of limitations.
consolation : [etymonline] late 14c., "that which consoles;" c. 1400, "act of consoling, alleviation of misery or distress of mind, mitigation of grief or anxiety," from Old French consolacion "solace, comfort; delight, pleasure" (11c., Modern French consolation), from Latin consolationem (nominative consolatio)
"a consoling, comfort," noun of action from past-participle stem of consolari
"offer solace, encouragement, comfort, or cheer," from assimilated form of com-, here probably an intensive prefix (see com-), + solari "to comfort" (see solace). Consolation prize is recorded by 1853.
concession : [etymonline] mid-15c.,
"act of granting or yielding" (especially in argumentation), from Old French concession (14c.) or directly from Latin concessionem (nominative concessio)
"an allowing, conceding," noun of action from past participle stem of concedere
"to give way, yield," figuratively "agree, consent, give precedence," from con-, here probably an intensive prefix (see con-), + cedere "to go, grant, give way" (from PIE root *ked- "to go, yield").
From 1610s as "the thing or point yielded." Meaning "
property granted by government" is from 1650s. Sense of "grant of privilege by a government to individuals to engage in some enterprise" is from 1856, from a sense in French. Hence the meaning "grant or lease of a small part of a
property for some specified purpose" (1897), the sense in concession stand "snack bar, refreshment stand."
profit a prendre : [wikipedia] A profit (short for profit-à-prendre in Middle French for "right of taking"), in the law of real property, is a non possessory interest in
land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the
land of another. Indeed, because of the necessity of allowing access to the
land so that resources may be gathered, every profit contains an implied easement for the owner of the profit to enter the other party's
land for the purpose of collecting the resources permitted by the profit.
freehold : is the absolute ownership in perpetuity of
land and the immovable structures associated with land. Freehold is in contrast with leasehold: in which possession of
land reverts to the owner upon the expiry of a lease period. For an estate to be freehold. it
must possess two qualities: firstly immobility (
property must be
land or some interest issuing out of or annexed to land) and secondly ownership of it
must be of an indeterminate duration.
consent : c. 1300, "agree, give assent; yield when one has the right, power, or will to oppose," from Old French consentir "agree; comply" (12c.) and directly from Latin consentire
"agree, accord," literally
"feel together," from assimilated form of com "with, together" (see con-) + sentire "to feel" (see sense (n.)).
"Feeling together," hence, "agreeing, giving permission," a sense evolution that apparently took place in French before the word reached English.
prepend : (v.) its modern use is in computing and linguistics meaning to attach (an expression, phrase, etc.) to another as a prefix at the beginning of. Its rarer meaning from the early Latin root
pendere is "to weigh up mentally", or premeditate. [etymonline] "ponder, consider," 1560s, from pre-
"before, in front of" + Latin pendere
"to hang, cause to hang; weigh; pay" (from PIE root *(s)pen- "to draw, stretch, spin"). Related: Prepended; prepending.
append : to attach or affix; add as a supplement or appendix from ap- "add to" + pendere "to hang, cause to hang; weight; pay". [yourdictionary.com] The word is most commonly used to describe an addition, or an attachment to written text such as a signature, or supplementary documentation. Its earlier use is "to fix to, or attach to" such as a pendant, charm, or bracelet with a sense of hanging or being suspended from.
perfect : [etymonline] (adj.) early 15c. classical correction of Middle English parfit "flawless, ideal" (c. 1300), also "complete, full, finished, lacking in no way" (late 14c.), from Old French parfit "finished, completed, ready" (11c.), from Latin perfectus
"completed, excellent, accomplished, exquisite," past participle of perficere
"accomplish, finish, complete," from per "completely" (see per) + combining form of facere "to make, to do" (from PIE root *dhe- "to set, put"). (v.)
"to bring to full development, finish or complete so as to leave nothing wanting," late 14c., parfiten, from perfect (adj.). Related: Perfected; perfecting. [comment] If someone has failed to perfect an interest they have failed to justify the right of ownership in that interest. Generally the perfection of a security interest results in the beneficiary of that interest receiving what he is due; where his interest is said to have been perfected. It is also the bringing to completion an outcome involving various steps that establish a security interest such as the filing of a mechanics
lien which is said to be perfected when a final judgement attaches the
lien to the property.
shall : refers to something owed or an obligation due; that will occur without specificity at some point in the future. Many statutes use the word
shall without distinction because it is beyond the
lawful charter of a governing body; to control what it is a
man can and cannot do without being obligated to provide for just compensation. [etymonline] from Old English sceal, Northumbrian scule "I owe/he owes, will have to, ought to, must". For more information on the history of the word
shall on go to etymonline.com.
insolvent : 1590s,
"unable to pay one's debts," from in- (1)
"not" + Latin solventem
"paying" (see solvent). Originally of one who was not a trader; only traders could become bankrupt.
asymmetry : 1650s, "want of symmetry or proportion," from Greek asymmetria "want of proportion or harmony," abstract noun from asymmetros
"having no common measure; disproportionate, unsymmetrical," from a- "not" (see a- (3)) + symmetros "commensurable" (see symmetry).
capitalize : (adj.) to take advantage of; to use to ones own advantage.
capital crime : from the term capital originating from Latin
capitalis, literally "regarding the head"; as such the punishment for a captial crime originally involved severing the head from the body.
incendiary : (n.) c. 1400, "
person who sets malicious fires," from Latin incendiarius "an incendiary," literally "causing a fire" (see incendiary (adj.)). Meaning "
person who enflames political passions" is from 1630s.
emanate : 1680s, "to flow out," from Latin emanatus, past participle of emanare
"flow out," figuratively
"arise from, proceed from" (see emanation). Related: Emanated; emanating.
seize : a word used to describe the legal confiscation of property, or the taking into custody of persons by a governing body ie. the car was seized in lieu of debts that were owed. [etymonline] to take posession of, take by force, or lay
claim to. Originally a legal term in reference to feudal
property holdings or offices. Meaning "to grip with the hands or teeth" is from c. 1300; that of "to take possession by force or capture" (of a city, etc.) is from mid-14c.
complete : (adj.) late 14c., "having no deficiency, wanting no part or element; perfect in kind or quality; finished, ended, concluded," from Old French complet "full," or directly from Latin completus, past participle of complere
"to fill up, complete the number of (a legion, etc.)," transferred to
"fulfill, finish (a task)," from com-, here probably as an intensive prefix (see com-), + plere "to fill" (from PIE root *pele- (1) "to fill").
whole : (adj.) Old English hal
"entire, whole; unhurt, uninjured, safe; healthy, sound; genuine, straightforward," from Proto-Germanic *haila- "undamaged" (source also of Old Saxon hel, Old Norse heill, Old Frisian hal, Middle Dutch hiel, Dutch heel, Old High German, Ger
man heil "salvation, welfare"), from PIE *kailo- "whole, uninjured, of good omen" (source also of Old Church Slavonic celu "whole, complete;" see health).
The spelling with wh- developed early 15c. The sense in whole number is from early 14c. Whole milk is from 1782. On the whole "considering all facts or circumstances" is from 1690s. For phrase whole hog, see hog (n.).
implication : (n.) [etymonline] early 15c.,
"action of entangling," from Latin implicationem (nominative implicatio)
"an interweaving, an entanglement," noun of state from past participle stem of implicare
"involve, entangle; embrace; connect closely, associate," from assimilated form of in- "into, in, on, upon" (from PIE root *en "in") + plicare "to fold" (from PIE root *plek- "to plait"). Meaning "that which is implied (but not expressed), inference drawn from what is observed" is from 1550s.
toleration : [etymonline] 1510s, "permission granted by authority, licence," from Middle French tolération (15c.), from Latin tolerationem (nominative toleratio)
"a bearing, supporting, enduring," noun of action from past participle stem of tolerare
"to endure, sustain, support, suffer," literally "to bear," from PIE *tele- "to bear, carry" (see extol).
Meaning "forbearance, sufferance" is from 1580s. The specific religious sense is from 1609; as in Act of Toleration (1689), statute granting freedom of religious worship (with conditions) to dissenting Protestants in England. In this it means "recognition of the right of
private judgment in matters of faith and worship;
liberty granted by the government to preach and worship as one pleases; equality under the law without regard to religion."
If any
man err from the right way, it is his own misfortune, no injury to thee; nor therefore art thou to punish him in the things of this life because thou supposest he will be miserable in that which is to come. Nobody, therefore, in fine, neither single persons nor churches, nay, nor even commonwealths, have any just title to invade the civil
rights and worldly goods of each other upon pretence of religion. [John Locke, "Letter Concerning Toleration," 1689]
Before any
man can be considered as a member of Civil Society, he
must be considered as a subject of the Governor of the Universe: And if a member of Civil Society, do it with a saving of his allegiance to the Universal Sovereign. We maintain therefore that in matters of Religion, no man's right is abridged by the institution of Civil Society and that Religion is wholly exempt from its cognizance. [James Madison, "Memorial and Remonstrance Against Religious Assessments," 1785]
Unlimited tolerance
must lead to the disappearance of tolerance. If we extend unlimited tolerance even to those who are intolerant, if we are not prepared to defend a tolerant society against the onslaught of the intolerant, then the tolerant will be destroyed, and tolerance with them. [Karl Popper, "The Open Society and Its Enemies," 1962]
[comment] the question
must be asked as to what point intolerance is to be tolerated as affecting publicly the lives of the innocent and leading to the wanton destruction of property. Boundaries
must be enforced to maintain peace and public
order while preserving the right to free speech.
confirm : mid-13c., confirmyn, confermen
"to ratify, sanction, make valid by a legal act," from Old French confermer (13c., Modern French confirmer) "strengthen, establish, consolidate; affirm by proof or evidence; anoint (a king)," from Latin confirmare
"make firm, strengthen, establish," from assimilated form of com "together," but here perhaps an intensive prefix (see con-), + firmare "to strengthen," from firmus "strong, steadfast" (from suffixed form of PIE root *dher- "to hold firmly, support").
From mid-14c. as "make firm or more firm, add strength to;" late 14c. as "make certain or sure, give an assurance of truth, verify." Related: Confirmative; confirmatory.
affirm : Middle English affermen, affirmen,
"to decide upon" (c. 1300); "to state positively" (late 14c.), from Old French afermer (Modern French affirmer) "affirm, confirm; strengthen, consolidate," from Latin affirmare
"to make steady, strengthen," figuratively "confirm, corroborate," from ad "to" (see ad-) + firmare "strengthen, make firm," from firmus "strong" (from suffixed form of PIE root *dher- "to hold firmly, support").
The spelling was refashioned 16c. in French and English on the Latin model. Legal sense
"declare solemnly (as before a court) but without an oath" is from early 15c. Related: Affirmed; affirming.
neo-liberalism : [google] A modified form of liberalism tending to favour free-market capitalism.
the crown : When referring to the crown; it is to the state, or the branches of government that perform executive functions on behalf of the state. Though the crown is said to act on behalf of the Queen; "Elizabeth Mary Windsor"; it operates largely separated as a self determining entity. With respect to
common law there is a dichotomy that exists between the
"court of Queens bench" that the people have free and exclusive use of to determine matters of right, and
"the crown" who prosecute legal matters handled privately; generally by members of the Bar. Underscoring the balance of a relationship that exists between the
rights of the people secured in the court of Queen's Bench, and the Crown; is the saying that
"throughout the history of England not once has the Crown prevailed against the King"; indicating that no
man has ever taken upon himself the liabilities associated with the prosecution of any matter on behalf of the state and won.
prevaricate : [etymonline] (v.) 1580s, "to transgress," a back formation from prevarication, or else from Latin praevaricatus, past participle of praevaricari
"to make a sham accusation, deviate," literally
"walk crookedly;" in Church Latin,
"to transgress" (see prevarication). Meaning
"to speak evasively" is from 1630s. Related: Prevaricated; prevaricating.
prevaricator : [etymonline] (n.) c. 1400, from Old French prevaricator and directly from Latin praevaricator
"sham accuser; unfaithful advocate," agent noun from past participle stem of praevaricari (see prevaricate).
mise en cause : This is a french term used in legal proceedings referring to a "party in interest" or a third-party defendant in an impleader action.
pro tempore : Latin; "for the time being"
mendacity : [etymonline] (n.) "tendency or disposition to lie, habitual lying," also "a falsehood, a lie," 1640s, from Middle French mendacité and directly from Late Latin mendacitas
"falsehood, mendacity," from Latin mendax
"lying; a liar" (see mendacious).
distress : (n.) late 13c., "circumstance that causes anxiety or hardship," from Old French destresse (Modern French détresse), from Vulgar Latin *districtia
"restraint, affliction, narrowness, distress," from Latin districtus, past participle of distringere
"draw apart, hinder," also, in Medieval Latin
"compel, coerce," from dis- "apart" (see dis-) + stringere "draw tight, press together" (see strain (v.)). Meaning "anguish; grief; pain or suffering of the body or mind" is from c. 1300. (v.) late 14c., distressen, "constrain or compel by pain, suffering, or other circumstances; harass," from Old French destresser "restrain, constrain; afflict, distress," from Vulgar Latin *districtiare "restraint, affliction, narrowness, distress," from Latin districtus, past participle of distringere
"draw apart, hinder," also, in Medieval Latin "compel, coerce," from dis- "apart" (see dis-) + stringere "draw tight, press together" (see strain (v.)). From c. 1400 as "afflict with mental or physical pain, make miserable." From early 15c. as "to damage;" specifically "damage a piece of furniture to make it appear older (and thus more valuable)" by 1926.
[comment] the word dis-sonance refers to sounds that are apart but heard together that have no harmony, or that disagree with one another. In a similar way distress causes something to arrive at a state of disharmony by way of a forceful action or actions that do not necessarily have to be tangible as affecting physical things alone. ie. by shouting at a
child you have caused that
child to enter into a state of distress or disharmony.
securitize : (v.) it is usually a practice engaged by financial institutions, and is the act of bringing together or pooling various financial interests into a single marketable security so as to free up the inherent capital in underlying assets that secure things like mortgages ie. houses secure the loans they back and their associated securities are classed as Asset-backed securities.
verify : To
verify something in court; is the act of setting in place the truth by open testimony; if something is verifiable it is a statement or facts that can only be supported by way of utterance [
viva voce] in open court; from a man; as to the truth of a matter. [etymonline] early 14c., from Old French verifier
"substantiate, find out the truth about" (14c.), from Medieval Latin verificare
"make true," from Latin verus "true" (from PIE root *were-o- "true, trustworthy") + combining form of facere "to make" (from PIE root *dhe- "to set, put"). To certify something however does not speak to the truth of a matter only that something exists at a point in time ie. I can certify a document by way of a signature; as having been placed before me and signed by a
person at a point in time, but I cannot
verify what is contained within that document as being the truth.
battery : A battery is usually committed against a
man and associated with a bat, or other instrument for the purpose of inflicting harm. [etymonline] (n.) 1530s, "action of battering," in law,
"the unlawful beating of another," from Middle French batterie, from Old French baterie
"beating, thrashing, assault" (12c.), from batre "to beat," from Latin battuere
"beat, hit, strike, struggle" (see batter (v.)). [Bouviers] gives a full description of what battery is in the eyes of the law and a recitation of instances where battery may be justified. What follows is the first part of the definition given by Bouviers as to how battery is viewed by law in terms of an injury to a person.
"A battery is the unlawful touching the person of another by the aggressor himself, or any other substance put in motion by him. 1 Saund. 29, b. n. 1; Id. 13 & 14, n. 3. It must be either wilfully committed, or proceed from want of due care. Str. 596; Hob. 134; Plowd. 19 3 Wend. 391. Hence an injury, be it never so small, done to the person of another, in an angry, spiteful, rude or insolent manner, as by spitting in his face, or any way touching him in anger, or violently jostling him, are batteries in the eye of the law. 1 Hawk. P. C. 263. See 1 Selw. N. P. 33, 4. And any thing attached to the person partakes of its inviolability if, therefore, A strikes a cane in the hands of B, it is a battery. 1 Dall. 1 14 1 Ch. Pr. 37; 1 Penn. R. 380; 1 Hill's R. 46; 4 Wash. C. C. R. 534 . 1 Baldw. R. 600." (sic)
A distinction has to be made for the use of the word battery in a legal and
lawful context; for further information about the legal justification for a battery see Bouviers
Law Dictionary.
idiosyncrasy : [etymonline] c. 1600, from French idiosyncrasie, from Latinized form of Greek idiosynkrasia "a peculiar temperament," from idios
"one's own" (see idiom) + synkrasis
"temperament, mixture of personal characteristics," from syn "together" (see syn-) + krasis "mixture," from PIE root *kere- "to mix, confuse; cook" (see rare (adj.2)).
Originally in English a medical term meaning "physical constitution of an individual;" mental sense "peculiar mixture" of the elements in one
person that makes up his character and personality first attested 1660s. In modern use, loosely, one's whims, habits, fads, or tastes. Sometimes confused in spelling with words in -cracy, but it is from krasis not kratos.
subjective : the modern use of the word subjective relates to personal opinions, experiences, perceptions, understanding, and often feelings that are not based on objective circumstances. [etymonline] (adj.) c. 1500, "characteristic of one who is submissive or obedient," from Late Latin subiectivus
"of the subject, subjective," from subiectus
"lying under, below, near bordering on," figuratively "subjected, subdued"(see subject (n.)). In early Modern English as "existing, real;" more restricted meaning
"existing in the mind" (the mind as "the thinking subject") is from 1707, popularized by Kant and his contemporaries; thus, in art and literature,
"personal, idiosyncratic" (1767). Related: Subjectively; subjectiveness. [comment] that which is subjective may be perceived as open to interpretation, being not necessarily supported with facts; as distinct from that which is objective or in its real form.
debtor : [
Karl Lentz] One who is indebted to another, and until the
debt is payed such a
man is without rights; a slave metaphorically to the
man who is his creditor. Fictitious entities such as banks, corporations, and government departments are without the innate capacity to utter, or to state anything under oath or affirmation. If any
man makes the
claim you owe a debt; he is claiming you are without rights; where in such cases you would
require a verifiable true
bill be tendered stating that the
bill is true, that it is owed, and that it is now post due. [etymonline] c. 1200, dettur, dettour, "one who owes or is indebted to another for goods, money, or services," from Anglo-French detour, Old French detor and directly from Latin debitor "a debter," from past-participle stem of debere
"to owe," originally,
"keep something away from someone," from de "away" (see de-) + habere "to have" (from PIE root *ghabh- "to give or receive"). The -b- was restored in later French, and in English c. 1560-c. 1660. The KJV has detter three times, debter three times, debtor twice and debtour once.
mortmain : [WordNet 3.0] The perpetual, inalienable possession of lands by a corporation, or non-personal entity such as a church. [etymonline]
"inalienable ownership," mid-15c., from Anglo-French morte mayn (mid-14c.), Old French mortemain, literally
"dead hand," from Medieval Latin mortua manus; for first element see mortal (adj.); second is from PIE root *man- (2) "hand." Probably a metaphorical expression on the notion of dead hands as those that cannot alienate.
acquit : [etymonline] mid-13c., aquiten, "repay, reciprocate, reward or retaliate for" (a good or bad deed); c. 1300 as "satisfy a debt; redeem (a pledge)," from Old French aquiter, acquiter "pay, pay up, settle a claim" (12c., Modern French acquitter), from a- "to" (see ad-) + quite "free, clear," from Medieval Latin quitus, quittus, from Latin quietus
"free" (in Medieval Latin
"free from war, debts, etc."), also "calm, resting" (from PIE root *kweie- "to rest, be quiet"). Also in part from Medieval Latin acquitare. [wordnik.com] from The Century Dictionary with a broader more contemporaneous meaning. To release or discharge, as from an obligation, accusation, guilt, censure, suspicion, or whatever is laid against or upon a
person as a charge or duty; specifically, in law, to pronounce not guilty: as, we acquit a
man of evil intentions; the jury acquitted the prisoner.
From mid-14c. as
"relieve (someone) of an obligation, release from a pledge," hence the meanings
"set (an accused person) free from charges, pronounce not guilty," and "
discharge one's duty; behave or conduct oneself" (for better or worse), all of which date to the late 14c. The notion in the word is "to release or discharge," from an obligation or from accusation, guilt, censure, or suspicion. Related: Acquitted; acquitting.
PSR : Pre-Sentence Report. This is ordered to help a magistrate or judge determine the length of a sentence or alternatives to full time imprisonment given the nature of charges; disposition of a defendant; prior criminal history, and having regard for the scope of the objective circumstances.
proportionality : (NSW) The
common law principle of proportionality requires that a sentence should neither exceed nor be less than the gravity of the crime having regard for the objective circumstances: R v McNaughton at [15]; Veen v The Queen (No 2) (1988) 164 CLR 465; Hoare v The Queen (1989) 167 CLR 348 at 354.
objective : to view something as it appears to be; in its true or real form; not as one whose judgement is affected by unrelated circumstances, emotional responses, or thoughts. A judge may recuse himself at such times it might be perceived his objective reasoning has been, or is likely to be compromised. ie. when a relative or business partner is a party to a case, or when the judge may have a vested interest in
property or business dealings; with regard to matters brought before him. [etymonline] (adj.) 1610s, originally in the philosophical sense of "considered in relation to its object" (opposite of subjective), formed on pattern of Medieval Latin objectivus, from objectum "object" (see object (n.)) + -ive. Meaning
"impersonal, unbiased" is first found 1855, influenced by Ger
man objektiv. Related: Objectively.
substance : [etymonline] c. 1300, "essential nature, real or essential part," from Old French sustance, substance "goods, possessions; nature, composition" (12c.), from Latin substantia
"being, essence, material," from substans, present participle of substare "stand firm, stand or be under, be present," from sub "up to, under" (see sub-) + stare "to stand," from PIE root *sta- "to stand, make or be firm."
Latin substantia translates Greek ousia
"that which is one's own, one's substance or property; the being, essence, or nature of anything." Meaning
"any kind of corporeal matter" is first attested mid-14c. Sense of "the matter of a study, discourse, etc." first recorded late 14c.
procurement : [etymonline] c. 1300, "use of improper influence," from Old French procurement "management, stewardship" (13c.), from procurer (see procure). Meaning "process of bringing something about" (by the action of another) is from c. 1400. Military use by 1949, American English. [wordnik] in general gives the more modern interpretation being the act of bringing about, or causing something to come into effect.
distinguish : [etymonline] 1560s, "recognize as different or distinct from what is contiguous or similar; perceive, make out," from Middle French distinguiss-, stem of distinguer, or directly from Latin distinguere
"to separate between, keep separate, mark off, distinguish," perhaps literally "separate by pricking," (with reference to marks placed in old parchment as punctuation) from assimilated form of dis- "apart" (see dis-) + -stinguere "to prick" (compare extinguish and Latin instinguere "to incite, impel").
child : The history of the word
child goes back to late 12c and in a general sense meant "a young
person before the onset of puberty"; however in the phrase "with child"
(pregnant) from Old English cild "fetus, infant, unborn or newly born person," the word was used in a sense closer to its original meaning. Under the family law act 1975 NSW in Part VII, a
child includes (see includes) an adopted
child and a stillborn child; where Subdivision D of Division 1 of Part VII affects the situations in which a
child is a
child of a person, or is a
child of a marriage or other relationship. [comment] because of the intertwining nature of how a
child is defined under the act and for the purposes of
common law a
child should be referred to as one's
property (see property), and without distinction, in comparison only ie. [cf. child]. Without seeking to abrogate what the act sets out to achieve; any court that makes use of its application, and has the power to fine and imprison for contempt, by default, becomes subject to the court of Queens Bench (
common law) and as such where there is a
trespass concerning the robbery, or the theft of one's
property a
man should file a
claim for the
restoration of
property with reference to an exhibit ie. a photograph.
children : modern plural of
child (q.v.); where the same rules apply in terms of using the word in comparison only as far as
rights and a
trespass are concerned.
speculation : [etymonline] late 14c., "intelligent contemplation, consideration; act of looking," from Old French speculacion "close observation, rapt attention," and directly from Late Latin speculationem (nominative speculatio)
"contemplation, observation," noun of action from Latin speculatus, past participle of speculari
"observe," from specere
"to look at, view" (from PIE root *spek- "to observe").
Meaning "pursuit of the truth by means of thinking" is from mid-15c. Disparaging sense of "mere conjecture" is recorded from 1570s. Meaning "buying and selling in search of profit from rise and fall of market value" is recorded from 1774; short form spec is attested from 1794. [comment] through the contemplation and observation of facts and evidence, or the objective circumstances of a crime; after the fact, where there are no eye witnesses; nothing can be assumed and can only be presumed to be the truth; giving way to
speculation.
conjecture : [etymonline] (n.) late 14c., "interpretation of signs, dreams, and omens," also "a supposing, a surmising," from Old French conjecture "surmise, guess," or directly from Latin coniectura
"conclusion, interpretation, guess, inference," literally
"a casting together (of facts, etc.)," from coniectus, past participle of conicere
"to throw together," from assimilated form of com "together" (see con-) + iacere "to throw" (from PIE root *ye- "to throw, impel"). (v.) early 15c.,
"infer, predict, form (an opinion or notion) upon probabilities or slight evidence," from conjecture (n.) or from verbs in Medieval Latin and Old French. Middle English also had parallel forms conjecte (n.), conjecten (v.). Related: Conjectured; conjecturing.
Sense of "an unverified supposition" is from 1520s; that of "act of forming of opinion without proof" is from 1530s.
justify : [etymonline] c. 1300, "to administer justice;" late 14c., "to show (something) to be just or right," from Old French justifiier "submit to court proceedings" (12c.), from Late Latin iustificare
"act justly toward; make just," from Latin iustificus
"dealing justly, righteous," from iustus "just" (see just (adj.)) + combining form of facere "to make, to do" (from PIE root *dhe- "to set, put").
Meaning "declare to be innocent or blameless" is from 1520s. Of circumstances, "to afford justification," from 1630s. Meaning "to make exact" (now largely restricted to typesetting) is from 1550s. Related: Justified; justifier; justifying.
private : What is
private relates to that which is beyond government control. For a relationship between one
man and another to be established it
must have been done privately. The persons of government agencies who attempt to communicate with a
man are doing so in a public capacity and in such cases before any proof of
claim has standing such agencies have to show that a relationship exists ie. "who exactly are you; I do not
believe we have had the pleasure of ever having met." [etymonline] from Latin privatus
"set apart, belonging to oneself (not to the state), peculiar, personal," used in contrast to publicus, communis; past participle of privare "to separate, deprive," from privus "one's own, individual,".
reside : [etymonline] (v.) late 15c., "to settle," from Middle French resider (15c.) and directly from Latin residere
"sit down, settle; remain behind, rest, linger; be left," from re- "back, again" (see re-) + sedere "to sit," from PIE root *sed- (1) "to sit." Meaning "to dwell permanently" first attested 1570s. Related: Resided; residing. Also from the French word are Dutch resideren, Ger
man residiren.
charter : For the purposes of government a charter is a written document or constitution outlining its functions and organisation; and seen also in terms of a state holding an obligation under a social contract/covenant to secure and protect the
property and
rights of the people, and or its citizens. Though a state or country maybe chartered; this transfers no right to control or govern the people directly; who themselves are self governing and who's will is to determine through representation the direction of a country as a whole. [etymonline] "formal written instrument bestowing privileges and rights, serving as legal evidence of them," c. 1200, from Old French chartre (12c.)
"charter, letter, document, covenant," from Latin chartula/cartula, literally "little paper," diminutive of charta/carta "paper, document" (see chart (n.)). Meaning "aircraft hired for a particular purpose" is from 1922.
infraction : [etymonline] mid-15c.,
"the breaking of an agreement," from Old French infraction (13c.) and directly from Latin infractionem (nominative infractio)
"a breaking, weakening," noun of action from past participle stem of infringere
"to damage, break off, break, bruise," from in- "in" (from PIE root *en "in") + frangere "to break" (from PIE root *bhreg- "to break"). The verb infract (1560s) is archaic. [comment] Its modern use tends towards the breaking of the rules of a sport such as ice hockey, or the act of infracting, breaking, breaching; committing a violation, nonobservance, or infringement.
witness : One accepting the title of
witness is bound to give sworn testimony in open court. Without testimony from a third party impartial witness
(who is chiefest); the truth of a matter cannot be established. In civil law proceedings one witness is not heard and everything
must be proven by two witnesses.
turpitude : [etymonline] "depravity, infamy, inherent baseness or vileness," late 15c., from Old French turpitude (early 15c.), from Latin turpitudinem (nominative turpitudo)
"baseness," from turpis
"vile, foul, physically ugly, base, unsightly," figuratively
"morally ugly, scandalous, shameful," a word of uncertain origin. De Vaan finds proposed connections to IE words meaning "to turn" (via the notion of "to turn away") as "too constructed" to be credible. Klein suggests perhaps originally "what one turns away from" (compare Latin trepit "he turns"). [comment] could the later meaning "to turn" perhaps have been originally extended to mean "to turn away in disgust".
imbecile : [etymonline] 1540s,
imbecille "weak, feeble" (especially in reference to the body), from Middle French
imbecile "weak, feeble" (15c.), from Latin
imbecillus "weak, feeble," a word of uncertain origin. The sense of the word shifted in the 1800's to
"mentally week, or incapable".
see moron
moron : [etymonline] 1910, medical Latin, "one of the highest class of feeble-minded persons," from Greek (Attic) mōron, neuter of mōros "foolish, dull, sluggish, stupid," a word of uncertain origin. According to classes of the feeble-minded
infra a moron is said to be amongst those arrested in retardation between the ages of seven and twelve.
classes of the feeble-minded
The feeble-minded may be divided into: (1) Those who are totally arrested before the age of three so that they show the attainment of a two-year-old
child or less; these are the idiots. (2) Those so retarded that they become permanently arrested between the ages of three and seven; these are imbeciles. (3) Those so retarded that they become arrested between the ages of seven and twelve; these were formerly called feeble-minded, the same term that is applied to the whole group. We are now proposing to call them morons, this word being the Greek for "fool." The English word "fool" as formerly used describes exactly this grade of child—one who is deficient in judgment or sense. [Henry H. Goddard, in "Journal of Proceedings and Addresses" of the National Education Association of the United States, July 1910].
will : The word
will though similar is distinguished from the word
shall implying an obligation or necessity in that it involve one's intention, or an act of volition and is also something that will occur without specificity at some time in the future. The noun is probably from Old English
will, willa "mind, determination, purpose; desire, wish, request;
joy, delight," and the verb from Old English *
willan, wyllan "to wish, desire; be willing; be used to; be about to" and Old English
willian "to determine by act of choice." The word could well have been influenced by Old English
wel "well," literally "according to one's wish."
Statute of fraud 1677 :
State Bills :
shibboleth : Is a Hebrew word from the 14c meaning a "flood, stream, or ear of corn" used by the Gileadites to distinguish themselves from fleeing Ephraimites who could not pronounce the word due to distinctions in their own language preventing them from properly sounding the sh at the beginning of the word. As a result a
shibboleth has become figuratively known as a "watch word" in an esoteric sense. Words often encountered in everyday life in a court room context will have a different meaning or particular significance that if one is not aware of in ignorance can lead to a perilous outcome ie. if you are asked by a Judge if you are there to argue and your answer is "no" you have given up the right to state your case where the word
argue from Latin
arguere means "to make clear, make known, prove, declare, to demonstrate,".
severable : [dictionary.thelaw.com] Able to be severed or separated without causing significant damage or destruction to the whole, e.g. a case is severable into two separate cases. Admitting of severance or separation, capable of being divided; capable of being severed from other things to which it was joined, and yet maintaining a complete and independent existence. Generally contracts and legislation under constitutional law contain
severability clauses; where in constitutional law if certain provisions or applications of those provisions are found to be unconstitutional the remaining provisions, or applications of those provisions will nonetheless continue in force and remain as a whole unaffected.
non compos mentis : [wikipedia] is a Latin legal phrase that translates to "of unsound mind": nōn ("not") prefaces compos mentis, meaning "having control of one's mind". This phrase was first used in thirteenth-century English law.
parens patriae : [wikipedia] is Latin for "parent of the nation" (lit., "parent of the fatherland," or "parent of the country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any
child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. [comment] Children are said to have been born as the fruit of marriage in a contractual sense to the state where the doctrine of parens patriae comes into full force limiting the
rights of parents under statute.
Common law however; in cases concerning the maladministration of justice allows for the prosecution of inherent
rights with respect to ones
property where a
child or children are referred to in comparison only.
see child & children.
opine : [etymonline] (v.) mid-15c., opinen, "express an opinion or opinions; to think, suppose," also transitive, "be of the opinion that," from Old French oppiner, opiner (15c.) and directly from Latin opinari
"have an opinion, be of opinion, suppose, conjecture, think, judge," which is of unknown origin. It is traditionally considered to be related to optare "to desire, choose" (see option), but de Vaan's sources find the evidence of this weak. Related: Opined; opining.
figurative : [etymonline] late 14c., "emblematical," from Old French figuratif "metaphorical," from Late Latin figurativus "figurative" (of speech), from figurat-, past participle stem of Latin figurare "to form, shape," from figura "a shape, form, figure" (from PIE root *dheigh- "to form, build"). Of speech, language, etc.,
"allegorical, metaphoric, involving figures of speech," from late 14c. Related: Figuratively.
amicus curiae : [wikipedia] An amicus curiae (literally,
"friend of the court"; plural: amici curiae) is someone not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court. The phrase amicus curiae is legal Latin.
lunatic : said of persons who are of unsound mind or have become insane later in life; as distinct from idiots who along side those being an outsider are born with an intellectual disability or impairment.
declare : [etymonline] mid-14c., declaren, "explain, interpret, make clear;" late 14c., "make known by words, state explicitly, proclaim, announce," from Old French declarer "explain, elucidate," or directly from Latin declarare
"make clear, reveal, disclose, announce," from de-, here probably an intensive prefix (see de-) + clarare "to clarify," from clarus "clear" (see clear (adj.)).
From mid-15c. as "assert, affirm." Intransitive sense "make known one's thoughts or intentions" is by 1840. Related: Declared; declaring.
reliance : from
rely given from etymonline as early 14c., "to gather, assemble" (transitive and intransitive), from Old French relier "assemble, put together; fasten, attach, rally, oblige," from Latin religare
"fasten, bind fast," from re-, intensive prefix (see re-), + ligare "to bind" (from PIE root *leig- "to tie, bind"). Sense of "depend, trust" is from 1570s, perhaps via notion of "rally to, fall back on." Typically used with on, perhaps by influence of lie (v.2). Related: Relied; relying.
legitimate : [etymonline] mid-15c., "lawfully begotten, born of parents legally married," from Middle French legitimer and directly from Medieval Latin legitimatus, past participle of legitimare
"make lawful, declare to be lawful," from Latin legitimus
"lawful," (see lawful) originally "fixed by law, in line with the law," from lex (genitive legis) "law" (see legal). Transferred sense of "genuine, real" is attested from 1550s. Related: Legitimately; legitimateness. The older adjective in English was legitime "lawful, of legitimate birth" (late 14c.), from Old French legitime, from Latin legitimus.
illegitimate : the opposite of legitimate from Latin legitimus "lawful" meaning
"unlawful". [etymonline] 1530s, "born out of wedlock," formed in English (and replacing earlier illegitime, c. 1500), modeled on Late Latin illegitimus
"not legitimate" (see il- + legitimate). Sense of "unauthorized, unwarranted" is from 1640s. Phrase illegitimi non carborundum, usually "translated" as "don't let the bastards grind you down," is fake Latin (by 1965, said to date from c. 1939). Carborundum was a brand of abrasives. Related: Illegitimately.
ordinance : [etymonline] c. 1300, ordinaunce, "an authoritative direction, decree, or command" (narrower or more transitory than a law), from Old French ordenance (Modern French ordonnance) or directly from Medieval Latin ordinantia, from Latin ordinantem (nominative ordinans), present participle of ordinare
"put in order," from ordo (genitive ordinis)
"row, rank, series, arrangement" (see
order (n.)). By early 14c. senses had emerged of "arrangement in ranks or rows" (especially in
order of battle), also "warlike provisions, equipment" (a sense now in ordnance). [wordnik] The later definition from the Century Dictionary leaning towards the French etymology of the word gives; regulation by authority; a command; an appointment; an order; that which is ordained, ordered, or appointed; a rule or law established by authority; edict; decree, as of the Supreme Being or of Fate; law or statute made by hu
man authority; authoritative regulation.
event : (n.) 1570s, "the consequence of anything" (as in in the event that); 1580s, "that which happens;" from Middle French event, from Latin eventus
"occurrence, accident, event, fortune, fate, lot, issue," from past participle stem of evenire
"to come out, happen, result," from assimilated form of ex- "out" (see ex-) + venire "to come," from a suffixed form of PIE root *gwa- "to go, come." Meaning "a contest or single proceeding in a public sport" is from 1865. Events as "the course of events" is attested from 1842. Event horizon in astrophysics is from 1969.
plurality : [etymonline] late 14c., pluralite, "state of being more than one; a number greater than one," from Old French pluralite (14c.), from Late Latin pluralitatem (nominative pluralitas) "the plural number," from Latin pluralis
"of or belonging to more than one" (see plural). Meaning "fact of there being many, multitude" is from mid-15c. Church sense of "holding of two or more offices concurrently" is from mid-14c. Meaning "greater number, more than half" is from 1570s but is etymologically improper, perhaps modeled on majority. U.S. sense of "excess of votes for the candidate who receives the most over those of rival candidate(s)," especially when none has an absolute majority, is from 1828.
degenerate : [etymonline] 1540s, "to lose or
suffer impairment to the qualities proper to the race or kind," also figurative, "decay in quality, pass to an inferior state," from Latin degeneratus, past participle of degenerare
"to be inferior to one's ancestors, to become unlike one's race or kind, fall or depart from ancestral qualities," used of physical as well as moral qualities, from phrase de genere, from de "off, away from" (see de-) + genus (genitive generis) "birth, descent" (from PIE root *gene- "give birth, beget"). Figurative sense of "to fall off, decline" was in Latin. Related: Degenerated; degenerating.
propitiate : to gain or regain the goodwill or favour of, to appease, make an atonement, or make a conciliation for especially to a foreign god or spirits. [etymonline] 1580s, a back-formation from propitiation and in part from propitiate (adj.), from Latin propitiatus, past participle of propitiare
"appease, propitiate" (see propitiation). Related: Propitiated; propitiating; propitiatingly; propitiable (1550s).
propitiation : [etymonline] (n.) late 14c., propiciacioun, "atonement, expiation," from Late Latin propitiationem (nominative propitiatio)
"an atonement," noun of action from past-participle stem of Latin propitiare
"appease, propitiate," from propitius "favorable, gracious, kind, well-disposed," from pro- "forward" (see pro-) + stem related to petere "to make for, go to; seek, strive after; ask for, beg, beseech, request" (from PIE root *pet- "to rush, to fly").
The sense in Latin is perhaps because the word originally was religious, literally "a falling or rushing toward," hence "eager," and, of the gods, "well-disposed." Earliest recorded form of the word in English is propitiatorium "the mercy seat, place of atonement" (c. 1200), translating Greek hilasterion.
viva voce : from Latin viva ("living") + voce ("voice") literally "with living voice", or "By word of mouth." To
verify something as true in court; testimony has to be given viva voce.
extirpate : [etymonline] (v.) "root up, root out," 1530s, usually figurative, from Latin extirpatus/exstirpatus, past participle of extirpare/exstirpare
"root out, eradicate, pull up by the roots" (see extirpation). Related: Extirpated; extirpating; extirpable.
anachronism : [etymonline] (n.) 1640s,
"an error in computing time or finding dates," from Latin anachronismus, from Greek anakhronismos, from anakhronizein "refer to
wrong time," from ana "against" (see ana-) + khronos "time" (see chrono-). Meaning
"something out of harmony with a specified time" is first recorded 1816.
nuisance : c. 1400, "injury, hurt, harm," from Anglo-French nusaunce, Old French nuisance "harm, wrong, damage," from past-participle stem of nuire "to harm," from Latin nocere
"to hurt" (from PIE root *nek- (1) "death"). Sense has softened over time, to "anything obnoxious to a community" (bad smells, pests, eyesores), 1660s, then "source of annoyance, something personally disagreeable" (1831). Applied to persons from 1690s. As an adjective by 1889; the older adjective nuisant was always rare and now is obsolete. [bouviers] crim. law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience, or damage." 3 Comm. 216.
understand : in legalese it is understood to be the phrase formed by the syllables under + stand meaning literally "to stand under" in a subordinate sense before a public officer. When asked if you understand your
rights it is important to know the distinction between
rights granted under a constitution or set of rules, and inherent
rights see rights,
see also shibboleth. [etymonline] (v.) Old English understandan
"comprehend, grasp the idea of," probably literally
"stand in the midst of," from under + standan "to stand" (see stand (v.)). If this is the meaning, the under is not the usual word meaning "beneath," but from Old English under, from PIE *nter- "between, among" (source also of Sanskrit antar "among, between," Latin inter "between, among," Greek entera "intestines;" see inter-). Related: Understood; understanding.
comprehend : mid-14c., "to understand, take into the mind, grasp by understanding," late 14c., "to take in, include;" from Latin comprehendere
"to take together, to unite; include; seize" (of catching fire or the arrest of criminals); also
"to comprehend, perceive" (to seize or take in the mind), from com "with, together," here probably "completely" (see com-) + prehendere "to catch hold of, seize," from prae- "before" (see pre-) + -hendere, from PIE root *ghend- "to seize, take." Related: Comprehended; comprehending. Compare sense development in Ger
man begriefen, literally "to seize," but, through the writings of the 14c. mystics, "to seize with the mind, to comprehend."
acquiesce : [google] accept something reluctantly but without protest. [etymonline] (v.) 1610s, "remain at rest" (a sense now obsolete); 1650s as "agree tacitly, concur," from Middle French acquiescer "to yield or agree to; be at rest," (14c.), from Latin acquiescere/adquiescere
"become quiet, remain at rest, rest, repose," thus
"be satisfied with, be content," from ad "to" (see ad-) + quiescere "become quiet," from quies (genitive quietis) "rest, quiet" (from PIE root *kweie- "to rest, be quiet"). Related: Acquiesced; acquiescing.
statement of claim : this is the name of a form filed in the district or local court of New South Wales to start a civil proceeding. A civil proceeding is distinct from a
common law claim concerning a matter of right in that civil proceedings are underpinned by case law that is largely subject to copyright; subject in part to the rules given by the Uniform Rules Committee that form part of the rules of civil procedure, and for the specific torts of negligence, trespass, and defamation; to an extent; subject to state statutes one of which in New South Wales is the
Civil Liability Act 2002. Previously civil proceedings regarding torts were almost exclusively handled as
common law actions with respect to case law; however with a steady push toward codification we see the introduction of statutes into civil matters.
Common law actions of the past served as a type and shadow of the "
common law claim" in its purest form so as to bridge the gap between legal claims prosecuted by lawyers using a body of case law, and a
lawful claim as a matter of right prosecuted by the course of the
common law.
disparate : [etymonline] (adj.) c. 1600, "unlike in kind, essentially different, having no common ground," from Latin disparatus, past participle of disparare "divide, separate," from dis- "apart" (see dis-) + parare "get ready, prepare" (from PIE root *pere- (1) "to produce, procure").
The meaning seems to have been influenced in Latin by dispar
"unequal, unlike" (from apparently unrelated Latin par "equal, equal-sized, well-matched"). Related: Disparately; disparateness. As a noun, "one of two or more things or characters so unlike that they cannot be compared with each other," 1580s.
notice of motion : [NSW Supreme Court] A notice of motion relates to legal proceedings and are a written application to the Court after a case has started asking the Court to make an
order about something. A notice of motion can be used for a number of reasons, including seeking directions or clarification on matters in dispute or asking for the adjournment of a hearing. The notice also tells the other party where and when the Court will hear the motion. In many cases a notice of motion has to be supported with an affidavit. A notice of motion is not needed in matters concerning the common right (
common law) where in such cases to secure
rights a
man will
issue orders determined as such to be
lawful from his own court.
contemplate : only a
man has the power of contemplation. [etymonline] (v.) 1590s, "reflect upon, ponder, study, view mentally, meditate," from Latin contemplatus, past participle of contemplari
"to gaze attentively, observe; consider, contemplate," originally "to mark out a space for observation" (as an augur does), from assimilated form of com-, here probably an intensive prefix (see com-), + templum "area for the taking of auguries" (see temple (n.1)).
From c. 1600 as "to view or observe with continued attention." From 1816 as "to intend, have in view as a future act." Related: Contemplated; contemplating.
see also peruse.
venue : the area a case will be tried. The locality where a crime, or where evidence was found such as a dead body relating to a crime that has been committed is described as 'proper venue'. In civil matters proper venue
must be the place where the defendant or plaintiff normally reside; where real property, the subject of a suit is located; or where the cause of action arose.
[etymonline] (n.) c. 1300, "a coming for the purpose of attack," from Old French venue "coming" (12c.), from fem. past participle of venir "to come," from Latin venire
"to come," from PIE root *gwa- "to go, come." The sense of "place where a case in law is tried" is first recorded 1530s. Extended to locality in general, especially "site of a concert or sporting event" (1857). Change of venue is from Blackstone (1768).
interstice : a small physical gap or space between adjacent objects; or an intervening period of time, or interval. ie. In canon law, it is the interval of time required for promotion from a lower to a higher degree of orders.
[etymonline] (n.) early 15c., from Old French interstice (14c.) and directly from Latin interstitium
"interval," literally
"space between," from inter "between" (see inter-) + stem of stare "to stand," from PIE root *sta- "to stand, make or be firm." Related: Interstices.
judicial notice : [wikipedia] is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, and they are even admitted if one party wishes to plead evidence to the contrary.
serious indictable offence : is a criminal offence which carries a minimum incarceration period of 5 years or greater.
excrescence : (n.) early 15c.,
"action of growing out," from Latin excrescentia (plural)
"abnormal growths," from excrescentem (nominative excrescens), present participle of excrescere "grow out, grow up," from ex "out" (see ex-) + crescere "to grow" (from PIE root *ker- (2) "to grow"). Meaning "that which grows out abnormally" (on a living thing) is from 1570s (excrescency in this sense is 1540s).
conspire : [etymonline] (v.) late 14c., "aspire or plan maliciously, agree together to commit a criminal or reprehensible act," from Old French conspirer (14c.), from Latin conspirare
"to agree, unite, plot," literally
"to breathe together," from assimilated form of com "with, together" (see con-) + spirare "to breathe" (see spirit (n.)), perhaps on the notion of "to agree (by spoken oath) to commit a bad act." Or perhaps the notion is "to blow together" musical instruments, i.e., "to sound in unison."
negligence : [etymonline] (n.) "heedless disregard of duty, inactivity, indifference, habit of omitting to do things which ought to be done," mid-14c., necligence, from Old French negligence "negligence, sloth; injury, injustice" (12c.), and directly from Latin neclegentia, neglegentia
"carelessness, heedlessness, neglect," from neglegentem (nominative neglegens)
"heedless, careless, unconcerned," present participle of neglegere "to neglect" (see neglect (v.)).
negligence is also an area of tort law encompassed by various causes of action, doctrines, and legal obligations such as
duty of care, proximate cause, malpractice and
res ipsa loquitur Latin "the thing speaks for itself." In terms of the common right it might be described as
harm injury or loss the result of inaction, carelessness, unconcern, or heedlessness.
heedless : [etymonline] (adj.)
"without regard," 1570s, from heed (n.) + -less. Related: Heedlessly; heedlessness. Spenser has heedlesshood.
heed : [etymonline] (v.) Old English hedan
"observe; to take care, attend, care for, protect, take charge of," from West Germanic *hodjan (source also of Old Saxon hodian, Old Frisian hoda, Middle Dutch and Dutch hoeden, Old High Ger
man huotan, Ger
man hüten
"to guard, watch"), from PIE *kadh- "to shelter, cover" (see hat). Related: Heeded; heeding.
attempt : [etymonline] (v.) late 14c., "seek or try to do, make an effort to perform," from Old French atempter (14c.), earlier atenter "to try, attempt, test" (Modern French attenter), from Latin attemptare
"to try, make trial of; tamper with, seek to influence; attack, assail" (source also of Italian attentare, Old Provençal, Portuguese attentar, Spanish atentar), from assimilated form of ad "to, toward" (see ad-) + temptare "to try" (see tempt). Related: Attempted; attempting. (n.) 1530s, "a putting forth of effort in some difficult or uncertain endeavor," from attempt (v.). Meaning "effort to accomplish something by violence" is from 1580s, especially as an assault on someone's life.
Attempt is also an inchoate offence in criminal law that was not completely carried out that has two elements; that of some incipient actions or conduct; and the intent to commit the crime. From a
common law perspective; if by his actions a
man in attempting to commit some type of
trespass has caused
harm injury or loss, and it is determined as such before a Jury according to the
claim set forth. Such a
man becomes liable for just compensation as outlined in an
order tendered with said claim.
criminal law : [wikipedia] see
https://en.wikipedia.org/wiki/Criminal_law
breach of trust : refers to the misconduct of an appointed trustee in carrying out the administration of a trust with reference to the duties and responsibilities as outlined in the "trust instrument" or "
deed of trust," and their obligations under the law. A trustee owes a fiduciary duty to the beneficiary of a trust but if he fails, or is delinquent in carrying out these duties can be answerable in an equitable
claim for a "breach of fiduciary duty".
vide (see) trust
adultery : is a back formation of the word
adulterate meaning to make impure by admixture; to corrupt, "debase by mixing with foreign or inferior material, make corrupt," and from Latin adulteratus, past participle of adulterare meaning to falsify, corrupt, to corrupt a woman, or to commit adultery. The closely related earlier verb
adulter from the late 14c was used with the sense to "make impure." More generally it is understood to be sexual relations between the husband or wife of a marriage with someone outside the marriage. Such relations may have come about in wilful disobedience for the sake of pleasure, or as a result of circumstance.
trover : [wikipedia] is a common-law action; a legal action in the form of a lawsuit in common-law countries for recovery of damages for the wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the
property itself
(see replevin).
replevin : [wikipedia] also called
claim and delivery (sometimes called revendication) is like trover a common-law action; a legal remedy, which enables a
person to recover personal
property taken wrongfully or unlawfully, and to obtain compensation for the resulting losses. Etymologically the word "replevin" is of Anglo-Nor
man origin and is the noun form of the verb "replevy". This comes from the Old French replevir, derived from plevir ("to pledge"), which is derived from the Latin replegiare
("to redeem a thing taken by another"). Replevin is distinct from trover in that it seeks return of the taken
property in specie and often with compensatory damages.
see trover
spurious : [etymonline] 1590s,
"born out of wedlock," from Latin spurius
"illegitimate, false" (source also of Italian spurio, Spanish espurio), from spurius (n.)
"illegitimate child," probably from Etruscan spural "public." Sense of "having an irregular origin, not properly constituted" is from c. 1600; that of "false, sham" is from 1610s; of writing, etc., "not proceeding from the source pretended, 1620s. Related: Spuriously; spuriousness.
minister : [etymonline] (n.) c. 1300, "
man consecrated to service in the Christian Church, an ecclesiastic;" also "an agent acting for a superior, one who acts upon the authority of another," from Old French menistre "servant, valet, member of a household staff, administrator, musician, minstrel" (12c.) and directly from Latin minister (genitive ministri)
"inferior, servant, priest's assistant" (in Medieval Latin, "priest"), from minus, minor "less," hence "subordinate" (from PIE root *mei- (2) "small") + comparative suffix *-teros. Formed on the model of magister (see master (n.)). [comment] The sovereign people of a nation have at their service ministers of the crown who by virtue of magna carta are to carry out their wishes at the direction of a ruling monarch.
see sovereignty
reck : [etymonline] (v.) Old English reccan (2)
"take care of, be interested in, care for; have regard to, take heed of; to care, heed; desire (to do something)" (strong verb, past tense rohte, past participle rought), from West Germanic *rokjan, from Proto-Germanic *rokja- (source also of Old Saxon rokjan, Middle Dutch roeken, Old Norse rækja "to care for," Old High Ger
man giruochan "to care for, have regard to," Ger
man geruhen "to deign," which is influenced by ruhen "to rest"), from PIE root *reg- "move in a straight line," with derivatives meaning "to direct in a straight line," thus "to lead, rule." (n.) "care, heed, consideration," 1560s, from reck (v.).
reckless : [etymonline] (adj.) Old English receleas
"careless, thoughtless, heedless," earlier reccileas, from *rece, recce "care, heed," from reccan "to care" (see reck (v.)) + -less. The same affixed form is in Ger
man ruchlos, Dutch roekeloos
"wicked." Root verb reck (Old English reccan) is passing into obscurity.
cognate : [etymonline] 1640s,
"allied by blood, connected or related by birth, of the same parentage, descended from a common ancestor," from Latin cognatus
"of common descent" (source also of Spanish cognado, Italian cognato), from assimilated form of com "together" (see co-) + gnatus, past participle of gnasci, older form of nasci "to be born" (from PIE root *gene- "give birth, beget").
Of things, "related in origin, traceable to the same source," by 1640s; specifically of words, "coming from the same root or original word but showing differences due to subsequent separate phonetic development," by 1782; of languages, "from the same original language," by 1799. French, Spanish, and Italian are cognate languages (all essentially descended from Latin) but are not cognate with Latin. English cognate, Spanish cognado and Italian cognato are cognate words from Latin cognatus. English brother, Sanskrit bhrtr-, Greek phratr, Latin frater, Russian brat are cognate words from the PIE root *bhrater. Words that are cognates are more like cousins than siblings; they develop in different languages.
Related: Cognatic; cognation (late 14c. in English as "blood-relationship, kinship"); cognateness. As a noun, "one connected to another by ties of kinship," from 1754.
inexorable : (adj.) "unyielding, unrelenting," 1550s, from Middle French inexorable and directly from Latin inexorabilis
"that cannot be moved by entreaty, unyielding," from in- "not, opposite of" (see in- (1)) + exorabilis "able to be entreated," from exorare "to prevail upon," from ex "out" (see ex-) + ōrare "to pray to, beseech" (see orator). Related: Inexorably; inexorability.
exorable : (adj.) susceptible to being easily moved or persuaded by an entreaty. One who's affections are such that little resistance is encountered upon an entreaty, earnest request, or petition.
justice of the peace : JPs are volunteers appointed by the Governor of New South Wales. The duties of a Justice of the Peace in New South Wales are generally recognised as witnessing oaths or affidavits; taking statutory declarations and affirmations; witnessing signatures; bearing witness to the execution of documents, and certifying a true copy of an original document.
Formally know as a
commissioner of the peace traditionally Justices of the peace have been recognised as lay magistrates or judicial officers appointed by commission (letters patent) and where often no police were present; could receive information or statements of fact with regard to crimes, treason, and felonies; and by proclamation were able to command un
lawful gatherings to disperse. They also issued testimonial passes to soldiers or mariners who travelled granting them authority for the time of passage, or for short periods spent away from home, and were able to enter on record recognizances for sureties binding someone to good behaviour pursuant to a court hearing. Justices were also able to
issue warrants giving police the powers of arrest in the case of dangerous felons.
puisne : "junior," c. 1300 in Anglo-Latin, from Old French puisné
"born later, younger, youngest" (see puny). The term is also used with the sense of "an inferior" and is now an obsolete term of art used in British jurisdictions meaning
"inferior in rank."
dysphoria : (n.) "impatience under affliction," 1842, from Greek dysphoria "pain hard to be borne, anguish," etymologically
"hard to bear, or figuratively hard to carry" from dys- "bad, hard" (see dys-) + pherein "to carry," from PIE root *bher- (1) "to carry."
recognizance : (n.) early 14c., reconisaunce,
"a bond acknowledging some obligation binding one over to do some particular act," from Old French reconissance "acknowledgment, recognition" (12c., Modern French reconnaissance), from reconoiss-, present participle stem of reconoistre (see recognize). Related: Recognizant.
writ of execution : is a writ, or
order in New South Wales used for the recovery of a
debt against the
property of a debtor which is similar in some respects to a lien.
garnishee order : is similar to a
writ of execution in New South Wales but instead of seizing
property to satisfy a
debt a
garnishee order is issued against the judgement debtors wages or bank account.
conceal : early 14c., concelen, "to keep close or secret, forbear to divulge," from Old French conceler "to hide, conceal, dissimulate," from Latin concelare
"to hide," from con-, here probably an intensive prefix (see con-), + celare "to hide," from PIE root *kel- (1) "to cover, conceal, save." From early 15c. as "to hide or shield from observation." Replaced Old English deagan. Related: Concealed; concealing; concealable.
forbear : (v.) "to abstain," Old English forberan
"bear up against, control one's feelings, abstain from, refrain; tolerate, endure" (past tense forbær, past participle forboren), from for- + beran "to bear" (see bear (v.)). Related: Forbearer; forbearing; forbore. Of similar formation are Old High Ger
man ferberen, Gothic frabairan
"to endure."
jury : "set number of persons, selected according to law and sworn to determine the facts and truth of a case or charge submitted to them and render a verdict," early 14c. (late 12c. in Anglo-Latin), from Anglo-French and Old French juree (13c.), from Medieval Latin iurata
"an oath, a judicial inquest, sworn body of men," noun use of fem. past participle of Latin iurare "to swear," from ius (genitive iuris) "law, an oath" (see jurist). [comment] A jury may be constituted to hear and determine matters both by the course of the
common law according to presented facts and evidence, and as to legal matters under the direction of a judge or magistrate.
enjoin : c. 1200, engoinen, "to prescribe, impose" (penance, etc.), from stem of Old French enjoindre (12c.) "impose (on), inflict; subject to; assign (to)," from Latin iniungere
"to join, fasten, attach;" figuratively
"to inflict, to attack, impose," from in- "on" (from PIE root *en "in") + iungere "to join together" (from nasalized form of PIE root *yeug- "to join"). Related: Enjoined; enjoining.
common law :
franchise : [etymonline] (n.) c. 1300, fraunchise,
"a special right or privilege (by grant of a sovereign or government);" also "national sovereignty; nobility of character, generosity; the king's authority; the collective
rights claimed by a people or town or religious institution," also used of the state of Adam and Eve before the Fall, from Old French franchise
"freedom, exemption; right, privilege" (12c.), from variant stem of franc "free" (see frank (adj.)).
From late 14c. as "freedom; not being in servitude; social status of a freeman;" early 15c. as "citizenship, membership in a community or town; membership in a craft or guild." The "special right" sense narrowed 18c. to "particular legal privilege," then "right to vote" (1790). From mid-15c. as "right to buy or sell," also "right to exclude others from buying or selling, a monopoly;" meaning "authorization by a company to sell its products or services" is from 1959.
(v.) late 14c.,
"to make free," from Old French franchiss-, past participle stem of franchir
"to free" (12c.), from franc "free" (see frank (adj.)). Franchising is from 1570s; the commercial licensing sense is from 1966. Related: Franchisee; franchiser; franchisor.
compel : [etymonline] (v.) "to drive or urge irresistibly by physical or moral force," mid-14c., from Old French compellir and directly from Latin compellere
"to drive together, drive to one place" (of cattle), "to force or compel" (of persons), from com "with, together" (see com-) + pellere "to drive" (from PIE root *pel- (5) "to thrust, strike, drive"). Related: Compelled; compelling.
cohort : [etymonline] (n.) early 15c., "company of soldiers, band of warriors," from Middle French cohorte (14c.) and directly from Latin cohortem (nominative cohors)
"enclosure," with meaning extended to "infantry company" in the Ro
man army through the notion of
"enclosed group, retinue;" from assimilated form of com "with" (see co-) + a root akin to hortus "garden," from PIE *ghr-ti-, from PIE root *gher- (1) "to grasp, enclose."
Sense of "accomplice" is first recorded 1952, American English, from meaning "group united in common cause" (1719). In demographics, "group of persons having a common statistical characteristic" (originally being born in the same year), 1944.
perdition : [etymonline] (n.) mid-14c., "condition of damnation, spiritual ruin, state of the souls of the wicked in Hell," a special theological sense; the general sense of "utter destruction, entire ruin, great harm, death, fact of being lost or destroyed," is by late 14c.; from Old French perdicion "loss, calamity, perdition" of souls (11c.) and directly from Late Latin perditionem (nominative perditio)
"ruin, destruction," noun of action from past-participle stem of Latin perdere
"do away with, destroy; lose, throw away, squander," from per- "through" (here perhaps with intensive or completive force, "to destruction") + dare "to give" (from PIE root *do- "to give").
The theological sense gradually extinguished the general use of the word.
tribune : (n.) late 14c., title of an official in ancient Rome, from Latin tribunus
"magistrate" (specifically one of the officers appointed to protect the
rights and interests of the plebeians from the patricians), originally "head of a tribe" (in the Ro
man sense), from tribus (see tribe). Also "raised platform" (1762), from Italian tribuna, from Medieval Latin tribuna, from Latin tribunal in its classical sense
"platform for the seats of magistrates in ancient Rome." Another sense from ancient Rome is a protector of the people.
circumspect : [etymonline] (adj.) "cautious, wary," literally "looking about on all sides," early 15c., from Latin circumspectus
"deliberate, guarded, well-considered," past participle of circumspicere
"look around, take heed," from circum "around, round about" (see circum-) + specere "to look" (from PIE root *spek- "to observe"). Related: Circumspectly; circumspectness.
procure : [etymonline] (v.) c. 1300, "bring about, cause, effect," from Old French procurer "care for, be occupied with; bring about, cause; acquire, provide" (13c.) and directly from Late Latin procurare
"manage, take care of;" from pro "in behalf of" (see pro-) + curare "care for" (see cure (v.)). Main modern sense "obtain; recruit" (late 14c.) is via "take pains to get" (mid-14c.). Meaning "to obtain (women) for sexual gratification" is attested from c. 1600. Related: Procured; procuring.
laches : [etymonline] "negligence in performance of legal duty," 1570s, earlier simply "slackness, negligence, want of zeal" (late 14c.), from Anglo-French laches, Old French lachesse "lawlessness, remissness," from Old French lasche "lax, remiss" (Modern French lâche), verbal adjective from lascher, from Vulgar Latin *lascare, classical laxare
"to slacken, relax," from laxus
"loose; yielding; indulgent" (from PIE root *sleg- "be slack, be languid"). Compare riches. [wikipedia]
laches (equity) refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing [defending] party. Laches is associated with the maxim of equity, "Equity aids the vigilant, not the sleeping ones" who sleep on their rights. Put another way, failure to assert one's
rights in a timely manner can result in a
claim being barred by laches. [comment] In
common law there is no such concept; a
claim because it is made as being in inherent jurisdiction cannot be barred by statute.
incur : [etymonline] (v.) c. 1400, "bring (an undesirable consequence) upon oneself;" mid-15c. as "become liable for (payment or expenses)," from Anglo-French encurir, Old French encorir "to run, flee; commit, contract, incur" (Modern French encourir), from Latin incurrere
"run into or against, rush at, make an attack;" figuratively, "to befall, happen, occur to," from in- "upon" (from PIE root *en "in") + currere "to run" (from PIE root *kers- "to run"). Related: Incurred; incurring.
precondition : [etymonline] (n.) "an antecedent condition, a condition requisite in advance, a prerequisite" 1825, from pre- "before" + condition (n.). As a verb from 1841. Related: Preconditioned; preconditioning.
obtuse : (adj.) early 15c., "dull, blunted, not sharp," from Latin obtusus
"blunted, dull," also used figuratively, past participle of obtundere
"to beat against, make dull," from ob "in front of; against" (see ob-) + tundere "to beat," from PIE *(s)tud-e- "to beat, strike, push, thrust," from root *(s)teu- "to push, stick, knock, beat" (source also of Latin tudes "hammer," Sanskrit tudati "he thrusts"). Sense of "stupid, not acutely sensitive or perceptive" is by c. 1500. In geometry, in reference to a plane angle greater than a right angle," 1560s. Related: Obtusely; obtuseness.
the back of one's hand : (idiom) [freedictionary.com] As in
to give, or to show the back of one's hand is a rejection, snub, or rebuke; a display of contempt or scorn for someone or something.
errant : [etymonline] (adj.) mid-14c., "traveling, roving," from Anglo-French erraunt, from two Old French words that were confused even before they reached English: 1. Old French errant, present participle of errer
"to travel or wander," from Late Latin iterare, from Latin iter
"journey, way," from root of ire "to go" (from PIE root *ei- "to go"); 2. Old French errant, past participle of errer (see err). The senses fused in English 14c., but much of the sense of the latter since has gone with arrant.
collusion : [etymonline] (n.) "secret agreement for fraudulent or harmful purposes," late 14c., from Old French collusion and directly from Latin collusionem (nominative collusio) "act of colluding," from colludere, from assimilated form of com "with, together" (see com-) + ludere "to play" (see ludicrous). "The notion of fraud or underhandedness is essential to collusion" [Fowler]. [comment] Can be seen as a coming together to play that has been extended over time to indicate the coming together of two or more parties for nefarious or fraudulent purposes; e.g. they colluded and were part of a large conspiracy to overthrow a sitting President.
rhetoric : [etymonline] (n.) early 14c., from Old French rethorique, from Latin rhetorice, from Greek rhētorike tekhnē
"art of an orator," from rhētōr (genitive rhētoros) "speaker, master speaker, orator; artist of discourse; teacher of rhetoric," especially (in the Attic official language), "orator in public," related to rhesis "speech," rhema "word, phrase, verb," literally
"that which is spoken," from PIE *wre-tor-, from root *were- (3) "to speak" (source also of Old English word, Latin verbum, Greek eirein "to say;" see verb). [comment] What is written can be crafted through careful deliberation so as to convey exactly what is meant to be communicated; rhetoric (that which is spoken) however does not afford a speaker the luxury of time to carefully choose his words; rather he relies on his knowledge, or understanding of facts and evidence to convey through utterance that which he wishes to communicate in a convincing manner. This is the art of an orator one skilled in communicating viva voce' "by word of mouth" ; the distinction has to be made however that though one might have the skills of an orator; what is conveyed might not necessarily be the truth so can be broadly classed as rhetoric.
mirror image rule : is a rule now largely only observed in New South Wales; being superseded in other jurisdictions by the
requirement for absolute and unequivocal acceptance in the formation of a contract; stating an offer
must be accepted as it was given with no modifications. Any attempt to receive an offer on terms different to those given creates a counter-offer constituting a rejection of the original offer.
exorbitant : [etymonline] (adj.) mid-15c., a legal term, "deviating from rule or principle, eccentric;" from Late Latin exorbitantem (nominative exorbitans), present participle of exorbitare
"deviate, go out of the track," from ex "out of" (see ex-) + orbita "wheel track" (see orb). General sense of "excessive, immoderate" is from 1620s; of prices, rates, etc., from 1660s. Related: Exorbitantly.
deign : [etymonline] (v.) c. 1300, deinen, "think worthy, think well of, regard as suited to one's dignity," from Old French deignier (Modern French daigner) and directly from Latin dignari
"to deem worthy or fit" (source of Italian degnare, Spanish deñar), from dignus "worthy," from PIE root *dek- "to take, accept." Sense of "take or accept graciously" led to that of "condescend" (1580s), with an infinitive for an object. Related: Deigned; deigning.
assigns : those to whom a right is transferred by a particular title such as a sale, gift, legacy, transfer, or cession. Generally assigns are individuals to whom
property is, will, or may be transferred by conveyance, will, Descent and Distribution, or statute; assignees. The term assigns is often found in deeds; for example, "heirs, administrators, and assigns to denote the assignable nature of the interest or right created."
disburse : [etymonline] (v.) 1520s, disbourse,
"pay out or expend money," from Old French desbourser "extract (money) from a purse, spend (money)" (13c., Modern French débourser), from des- (see dis-) + bourse "purse" (see bursar). Related: Disbursed; disbursing.
fieri facias : Abreviated fi. fa. it is a writ issued to a sheriff for the execution of a judgement; such as the levying of the goods of a judgement debtor to a judgement creditor. [etymonline] (n.) writ concerning a sum awarded in judgment (often requiring seizure and sale of
property for debt), Latin, literally
"cause it to be done, cause to be made," the first words of the writ, from Latin fieri
"to be made, come into being" (see fiat). Second word from facere "to do" (from PIE root *dhe- "to set, put").
quiet title : [wikipedia] An
action to quiet title is a lawsuit brought in a court having jurisdiction over
property disputes, in
order to establish a party's title to real property, or personal
property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with him may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgement. [comment] in
common law a
claim establishes the right of ownership not withstanding the
claim viva voce' from another man.
abrogate : [etymonline] (v.) "abolish by authoritative act, repeal," 1520s, from Latin abrogatus, past participle of abrogare
"to annul, repeal (a law)," from ab "off, away from" (see ab-) + rogare "propose (a law), ask, request," apparently a figurative use of a PIE verb meaning literally "to stretch out (the hand)," from root *reg- "move in a straight line." Form abrogen, from Old French abroger, is recorded from early 15c. Related: Abrogated; abrogating; abrogative.
declaration : it is a clear disclosure, announcement, explanation, statement, or exposition. From past-participle stem of declarare
"make clear, reveal, disclose, announce."
tax : [etymonline] (v.) c. 1300, "impose a tax on," from Old French taxer "impose a tax" (13c.) and directly from Latin taxare
"evaluate, estimate, assess, handle," also "censure, charge," probably a frequentative form of tangere "to touch," from PIE root *tag- "to touch, handle." Sense of "to burden, put a strain on" first recorded early 14c.; that of "censure, reprove" is from 1560s. Its use in Luke ii for Greek apographein "to enter on a list, enroll" is due to Tyndale. Related: Taxed; taxing. [comment] The
common law is clear; a
man only has an obligation to the
debt of another
man (see debt). In such cases a
man makes a
claim that you are obligated to him for a debt; you would
require a signed true
bill and that he be prepared to utter
viva voce' in open court under oath or affirmation that the
bill is owed, it is true, and it is now post due.
breach : [etymonline] (n.) Old English bryce
"a fracture, act of breaking," from Proto-Germanic *brukiz (source also of Old Frisian breke "a burst, crack, demolition (of a house)," Old Saxon bruki, Old High Ger
man bruh, Middle Dutch broke), a noun from *brekanan (source of Old English brecan "to shatter, burst; injure, violate, destroy, curtail;" see break (v.)). The English word was influenced by Old French cognate breche "breach, opening, gap," which is from Frankish or another Germanic source. Ultimately from PIE root *bhreg- "to break."
Figurative sense of "infraction, violation, a breaking of rules, etc." was in Old English. Meaning
"opening made by breaking" is from late 14c. Meaning "rupture of friendly relations" is from 1570s. Breach of contract is from at least 1660s; breach of peace "violation of public order" is from 1670s; breach of promise (usually promise of marriage) is from 1580s.
privity : [google] a relation between two parties that is recognised by law, such as that of blood, lease, or service. [wikipedia] The doctrine of privity of contract is a
common law principle which provides that a contract cannot confer
rights or impose obligations upon any
person who is not a party to the contract. [etymonline] (n.) early 13c., "a thing kept hidden or secret," also "privacy,
private life; secrecy," from Old French privité, priveté "privacy; a secret,
private matter" (c. 1200), from prive "private," from Latin privus
"set apart, belonging to oneself" (see
private (adj.)).
From 1550s as "participation in the knowledge of something secret;" from 1520s as a legal term in feudal
land tenure. Privities "
private parts" is attested by late 14c.
rumor : [etymonline] (n.) late 14c., from Old French rumor "commotion, widespread noise or report" (Modern French rumeur), from Latin rumorem (nominative rumor)
"noise, clamor, common talk, hearsay, popular opinion," related to ravus "hoarse," from PIE *reu- "to bellow." Related: Rumorous. Rumor mill is from 1887. Dutch rumoer, Ger
man Rumor are from French. (v.) 1590s, "spread a rumor; spread by way of rumor," from rumor (n.). Related: Rumored; rumoring.
gaslighting : [wikipedia] Gaslighting is a form of psychological manipulation in which a
person or a group covertly sows seeds of doubt in a targeted individual or group, making them question their own memory, perception, or judgment. The term originated from a 1938 British play called Gas Light; a psychological thriller about a husband who manipulates events and his surroundings in an effort to make his wife think she is going crazy.
fraud : [etymonline] (n.) mid-14c., "criminal deception" (mid-13c. in Anglo-Latin); from Old French fraude "deception, fraud" (13c.), from Latin fraudem (nominative fraus)
"a cheating, deceit," of persons "a cheater, deceiver," of uncertain origin. Connections have been proposed to Sanskrit dhruti- "deception; error." Meaning "a fraudulent production, something intended to deceive" is from 1650s. The meaning "impostor, deceiver, pretender; humbug" is attested from 1850. Pious fraud (1560s) is properly "deception practiced for the sake of what is deemed a good purpose;" colloquially used as "
person who talks piously but is not pious at heart." When describing fraud in a court of law relating to deception or cheating; it is the action of another to "defraud" you of your
property etc..
excoriate : [etymonline] (v.) "to flay, strip off the skin of, to break and remove the outer layers of the skin in any manner," early 15c., from Late Latin excoriatus, past participle of excoriare
"flay, strip off the hide," from Latin ex "
out, out of, off" (see ex-) + corium
"hide, skin" (see corium). Figurative sense of "denounce, censure" is recorded in English by 1708. Related: Excoriated; excoriating.
in situ : [etymonline] 1740, Latin, literally
"in its (original) place or appropriate position," from ablative of situs "site" (see site (n.)).
ablative : [etymonline]
"grammatical case denoting removal or separation," late 14c. as an adjective; mid-15c. as a noun (short for ablative case, originally of Latin), from Old French ablatif and directly from Latin (casus) ablativus "(case) of removal," expressing direction from a place or time, coined by Julius Caesar from ablatus "taken away," past participle of auferre "to carry off or away, withdraw, remove," from ab "off, away" (see ab-) + the irregular verb ferre (past participle latum; see oblate) "to carry, to bear" (from PIE root *bher- (1) "to carry," also "to bear children."). The "from" case, the Latin case of adverbial relation, typically expressing removal or separation, also "source or place of an action." Related: Ablatival. [wikipedia] It is a grammatical case for nouns, pronouns, and adjectives in the grammar of various languages; it is sometimes used to express motion away from something, among other uses. The ablative case does not exist in English but in ancient languages such as Latin and Sanskrit as well as modern languages like Albanian, Armenian, Turkish, Turkmen, Azerbaijani, Uzbek, Kazakh, Kyrgyz, and Hungarian.
situs : [etymonline] (n.) Latin,
"situation, position" (see site). In technical uses in English, "proper or original position and location of something" (as in in situ).
possess : [etymonline] (v.) late 14c., possessen, "to hold, occupy, inhabit" (without regard to ownership), a back formation from possession and in part from Old French possesser "to have and hold, take, be in possession of" (mid-13c.), from Latin possessus, past participle of possidere
"to have and hold, hold in one's control, be master of, own," probably a compound of potis "having power, powerful, able" (from PIE root *poti- "powerful; lord") + sedere, from PIE root *sed- (1) "to sit."
According to Buck, Latin possidere was a legal term first used in connection with real estate. The meaning "to hold as property" in English is recorded from c. 1500. That of "to seize, take possession of" is from 1520s; the demonic sense of "have complete power or mastery over, control" is recorded from 1530s (implied in possessed); the weakened sense of "fascinate, enthrall, affect or influence intensely" is by 1590s. Related: Possessed; possessing. The other usual Latin verb for "to possess," tenere, originally was "to hold," then "occupy, possess" (see tenet). [comment] To possess something does not necessarily mean you have the right of ownership [cf. naked possession]; only that you have custody and control over it.
privation : [etymonline] (n.) late 14c., privacioun, "condition of being without (something);" mid-15c., "act of depriving, act of removing or destroying property;" from Old French privacion and directly from Latin privationem (nominative privatio)
"a taking away," noun of action from past-participle stem of privare "to deprive, rob, strip" of anything; "to deliver from" anything (see
private (adj.)). Broader meaning "state of being deprived, want of life's comforts or of some necessity" is attested from 1790.
plaintiff : [etymonline] (n.) in law, "the
person who begins a suit before a tribunal for the recovery of a complaint" (opposed to defendant), c. 1400, pleintif, from Anglo-French pleintif (late 13c.), from noun use of Old French plaintif
"complaining; wretched, miserable," in law, "aggrieved" (as in partie plaintif "the party bringing a suit at law"), from plainte (see plaint). Identical with plaintive at first; the form that receded into legal usage retained the older -iff spelling.
[comment]
Karl Lentz makes the point that the Old French term
plaintif was commonly understood by the French to be a complaining, nagging old woman; affirming the distinction between a
claim that is made by a
man as a matter of right, and
complaints that are made with relation to "English
Common Law"; a legal system prosecuted by either natural or artificial persons generally known as plaintiffs; represented by Barristers and Lawyers.
a.k.a. : [etymonline] also a k a, aka, initialism (acronym) for
also known as; attested in legal documents by 1935.
serendipity : [etymonline] (n.) 1754 (but rare before 20c.), coined by Horace Walpole (1717-92) in a letter to Horace Mann (dated Jan. 28); he said he formed it from the Persian fairy tale "The Three Princes of Serendip," whose heroes "were always making discoveries, by accidents and sagacity, of things they were not in quest of." The name is from Serendip, an old name for Ceylon (modern Sri Lanka), from Arabic Sarandib, from Sanskrit Simhaladvipa "Dwelling-Place-of-Lions Island." [comment]
Those fortunate things that by chance happen without any forethought as to their occurrence.
superlative : [etymonline] (adj.) from Late Latin superlativus
"extravagant, exaggerated, hyperbolic," from Latin superlatus
"exaggerated" (used as past participle of superferre "carry over or beyond"), from super "beyond" (see super-) + lat- "carry," from *tlat-, past participle stem of tollere "to take away."
fiat : (n.) 1630s, "authoritative sanction," from Latin fiat
"let it be done" (used in the opening of Medieval Latin proclamations and commands), third
person singular present subjunctive of fieri
"be done, become, come into existence" (from PIE root *bheue- "to be, exist, grow"), used as passive of facere "to make, do." Meaning "a decree, command, order" is from 1750. In English the word also sometimes is a reference to fiat lux "let there be light" in Genesis i.3.
preponderance : [etymonline] 1680s,
"greater heaviness, fact of exceeding in weight, greater weight" from Latin praeponderans, present participle of praeponderare "make heavier" (see preponderate). Sense of "greater importance" is from 1780; that of "greater number" is from 1845. Related: Preponderancy.
scienter : (adv.) legalese Latin, literally
"knowingly," from sciens, present participle of scire
"to know" (see science) + adverbial suffix -ter.
asinine : [etymonline] (adj.) c. 1600, "obstinate, stupid, offensively silly," from Latin asininus
"stupid," literally
"like an ass," from asinus "ass," also
"dolt, blockhead" (see ass (n.1)). The literal sense in English is recorded from 1620s. Related: Asininity.
rhetorical hyperbole : This translates to what is exaggerated as spoken; though not meant to be taken literally. In a legal sense it refers to a doctrine under the first amendment of the US constitution that seeks to protect free speech with regards to over-the-top speech in defamation cases. Defined as “extravagant exaggeration employed for rhetorical effect,” the doctrine provides breathing space for freedom of speech by ensuring that that even heated and emotional rhetoric deserves free-speech protection in a free society. reference:
https://www.mtsu.edu/first-amendment/article/1796/rhetorical-hyperbole
political hyperbole :
attenuate : [etymonline] (v.) "to make thin, to make less," 1520s, from Latin attenuatus, past participle of attenuare
"to make thin, lessen, diminish," from assimilated form of ad "to" (see ad-) + tenuare "make thin," from tenuis "thin," from PIE root *ten- "to stretch." Related: Attenuated; attenuating. Earlier was Middle English attenuen "to make thin (in consistency)," early 15c.
eg : also written as e.g. is an abbreviation of the Latin term
exempli gratia meaning "for example."
ie : also written as i.e. is an abbreviation of the Latin term
id est meaning "in other words", or "that is."
impeach : [merriam webster] We define impeach as “to charge with a crime or misdemeanor; specifically, to charge (a public official) before a competent tribunal with misconduct in office.” The word has an additional sense, which may be defined as “to cast doubt on; especially, to challenge the credibility or validity of.”
[etymonline] (v.) formerly also empeach, late 14c., empechen, "to impede, hinder, prevent;" early 15c., "cause to be stuck, run (a ship) aground," also "prevent (from doing something)," from Anglo-French empecher, Old French empeechier "to hinder, stop, impede; capture, trap, ensnare" (12c., Modern French empêcher), from Late Latin impedicare
"to fetter, catch, entangle," from assimilated form of in- "into, in" (from PIE root *en "in") + Latin pedica "a shackle, fetter," from pes (genitive pedis) "foot" (from PIE root *ped- "foot").
In law, at first in a broad sense, "to accuse, bring charges against" from late 14c.; more specifically, of the king or the House of Commons,
"to bring formal accusation of treason or other high crime against (someone)" from mid-15c. The sense of
"accuse a public officer of misconduct" had emerged from this by 1560s. The sense shift is perhaps via Medieval Latin confusion of impedicare with Latin impetere "attack, accuse" (see impetus), which is from the Latin verb petere "aim for, rush at" (from PIE root *pet- "to rush, to fly").
The Middle English verb apechen, probably from an Anglo-French variant of the source of impeach, was used from early 14c. in the sense "to accuse (someone), to charge (someone with an offense)." Related: Impeached; impeaching.
elicit : [etymonline] (v.) "to draw out, bring forth or to light," 1640s, from Latin elicitus, past participle of elicere
"draw out, draw forth," from ex "out" (see ex-) + -licere, combining form of lacere "to entice, lure, deceive" (related to laqueus "noose, snare;" see lace (n.)). Related: Elicited; eliciting; elicits; elicitation.
illicit : [etymonline] (adj.) c. 1500, from Old French illicite "unlawful, forbidden" (14c.), from Latin illicitus
"not allowed, unlawful, illegal," from assimilated form of in- "not, opposite of" (see in- (1)) + licitus "lawful," past participle of licere "to be allowed" (see
licence (n.)). Related: Illicitly.
illegitimate : [etymonline] (adj.) 1530s, "born out of wedlock," formed in English (and replacing earlier illegitime, c. 1500), modeled on Late Latin illegitimus
"not legitimate, unlawful" (see il- + legitimate). Sense of "unauthorized, unwarranted" is from 1640s. Phrase illegitimi non carborundum, usually "translated" as "don't let the bastards grind you down," is fake Latin (by 1965, said to date from c. 1939). Carborundum was a brand of abrasives. Related: Illegitimately.
juxtapose : [etymonline] (v.)
"to place (two or more objects) side by side or close together," 1826, a back-formation from juxtaposition or else from French juxtaposer (18c.). Related: Juxtaposed; juxtaposing.
juxtaposition : [etymonline] (n.) 1660s, from French juxtaposition (17c.), from Latin iuxta
"beside, very near, close to, near at hand" + French position (see position (n.)). Latin iuxta is a contraction of *iugista (adv.), superlative of adjective *iugos "closely connected," from PIE root *yeug- "to join."
misprision : [etymonline] (n.) early 15c., in law,
"wrong action; a failure, offense or illegal act," especially on the part of a public official, from Anglo-French misprisoun, mesprisioun "mistake, error,
wrong action or speech," (Old French mesprision "mistake, wrongdoing, fault, blame, crime"), from mespris, past participle of mesprendre "to mistake, act wrongly, trespass, transgress, break a law," from mes- "wrongly" (see mis- (2)) + prendre "take," from Latin prendere, contracted from prehendere "to seize" (from prae- "before," see pre-, + -hendere, from PIE root *ghend- "to seize, take").
In general, "criminal neglect in respect to the crime of another," especially in connection with felonies, to indicate a passive complicity, as by concealment. In 16c., misprision of treason was used for lesser degrees of guilt (those not subject to capital punishment), especially for knowing of treasonable actions or plots without assenting to them, but not informing the authorities. This led to the common supposition in legal writers that the word means etymologically "failure to denounce" a crime.
just : [etymonline] (adj.) late 14c., "morally upright, righteous in the eyes of God" ("Now chiefly as a Biblical archaism" - OED); also "equitable, fair, impartial in one's dealings;" also "fitting, proper, conforming to standards or rules;" also "justifiable, reasonable;" from Old French juste "just, righteous; sincere" (12c.) and directly from Latin iustus
"upright, righteous, equitable; in accordance with law, lawful; true, proper; perfect, complete" (source also of Spanish and Portuguese justo, Italian giusto), from ius "a right," especially "legal right, law" (see jurist; from Latin ius also come English jury (n.), injury, etc.).
From c. 1400 as "right-minded, good in intention;" from early 15c. as "legal, lawful, right in law." Also "exact, precise; marked or characterized by precision; having correct dimensions" (late 14c.); of narrations, calculations, etc., "accurate, correct" (early 15c.). The sense in music, "harmonically pure, correct, and exact" is by 1850.
The more mundane Latin law-word lex covered specific laws as opposed to the body of laws. The noun meaning "righteous
person or persons; Christ" is from late 14c. (The neuter adjective in Latin was used as a noun, iustum, "what is right or just").
More broadly the word
just as an adverb describes what is c. 1400, "precisely, exactly;" late 15c., "fittingly, snugly;" c. 1500, "immediately." For more information go to etymonline.com
filibuster : (n.) Very broadly the word is said to have come from
flibutor and the word
freebooter meaning "pirate" or with reference to a "West Indian buccaneer of the 17th century." This was then extended to the pirating by obstructionist legislators of debate in the US legislature.
occupant : [etymonline] (n.) 1590s,
"one who takes possession of something having no owner," from French occupant (15c.) or directly from Latin occupantem (nominative occupans), present participle of occupare
"to take possession of" (see occupy). Earlier noun form was ocupier (early 14c.)
occupy : [etymonline] (v.) mid-14c., occupien, "to take possession of and retain or keep," also "to take up space or room or time; employ (someone)," irregularly borrowed from Old French ocuper, occuper "occupy (a
person or place), hold, seize" (13c.) or directly from Latin occupare
"take over, seize, take into possession, possess, occupy," from ob "over" (see ob-) + intensive form of capere "to grasp, seize," from PIE root *kap- "to grasp."
The final syllable of the English word is difficult to explain, but it is as old as the record; perhaps it is from a modification made in Anglo-French. During 16c.-17c. the word was a common euphemism for "have sexual intercourse with" (a sense attested from early 15c.), which caused it to fall from polite usage.
"A captaine? Gods light these villaines wil make the word as odious as the word occupy, which was an excellent good worde before it was il sorted." [Doll Tearsheet in "2 Henry IV"]
ignominious : [etymonline] (adj.) early 15c., from Latin ignominiosus
"disgraceful, shameful," from ignominia
"disgrace, infamy, loss of a (good) name," from assimilated form of in- "not, opposite of" (see in- (1)) + nomen (genitive nominis) "name" (from PIE root *no-men- "name"). The Latin spelling perhaps influenced by words from Old Latin gnoscere "come to know." Related: Ignominiously; ignominiousness.
e pluribus unum : Latin saying;
from of many come one. This saying is found on the great seal of the United States in reference to many states coming together as one.
prognosticate : [etymonline] (v.)
"foretell by means of present signs," early 15c., prenosticaten, a back-formation from prognostication and also from Medieval Latin prognosticatus, past participle of prognosticare
"foretell," from Latin prognostica
"sign to forecast weather," from neuter plural of Greek prognōstikos "foreknowing," from progignōskein (see prognosis). Related: Prognosticated; prognosticating.
draconian : [etymonline] (adj.) 1759, "of or pertaining to Draco," the ancient Greek statesman; 1777,
in reference to laws, "rigorous, extremely severe or harsh" (earlier Draconic, which is implied from 1640s). Draco is the Latinized form of Greek Drakon, name of the archon of Athens who laid down a code of laws for Athens c. 621 B.C.E. that mandated death as punishment for minor crimes. His name seems to mean literally "sharp-sighted" (see dragon).
arbitration : [etymonline] (n.) late 14c., "faculty of making a choice or decision, judgment, discretion;" early 15c., "authority or responsibility for deciding a dispute," from Old French arbitracion and directly from Latin arbitrationem (nominative arbitratio)
"judgment, will," noun of action from past-participle stem of arbitrari
"to be of an opinion, give a decision," from arbiter "a judge, umpire, mediator" (see arbiter). Meaning "settlement of a dispute by a third party" is from 1630s. Related: Arbitrative. [comment] In modern use arbitration is the process where before a tribunal in a court of law, or similar decision making body, and having respect for the objective circumstances; judgements are given.
despotic : [etymonine] (adj.) "pertaining to or of the nature of a despot or despotism," 1640s, from French despotique (14c.), from Greek despotikos, from despotēs
"absolute ruler" (see despot). By 1734,
"unlimited, arbitrary, tyrannical." In 18c. also despotick. Related: Despotical; despotically.
Despotic monarchs sincerely anxious to improve mankind are naturally led to endeavour, by acts of legislation, to force society into the paths which they
believe to be good, and such men, acting under such motives, have sometimes been the scourges of mankind. Philip II. and Isabella the Catholic inflicted more suffering in obedience to their consciences than Nero or Domitian in obedience to their lusts. [Lecky, "History of European Morals," 1869].
correspondence : [etymonline] (n.) early 15c., "congruence, resemblance, harmony, agreement," from Medieval Latin correspondentia, from correspondentem (nominative correspondens), present participle of correspondere
"correspond, harmonize, reciprocate," from assimilated form of com
"together, with (each other)" (see com-) + respondere
"to answer" (see respond). Sense of "communication by letters" is first attested 1640s; that of "the letters which pass between correspondents" is from 1771.
proximo : in correspondence, etc.,
"in or during the coming month," noting a day in the coming month (proximo mense), Latin ablative singular of proximus
"nearest, next" (see proximate). Often abbreviated prox. Compare ultimo, instant (adj.).
pareidolia : Is the erroneous perception that the images of faces, objects, or animals appear in nature; such as in the clouds; a rock formation or other naturally occurring anomaly. One example is "the
man in the moon." Pareidolia is also said of hidden messages found in some recorded music when played backwards, or at varying speeds, and perceived by some people as indistinct voices such that might be produced by the oscillating of air-conditioners or fans.
metaphor : [etymonline] (n.) "figure of speech by which a characteristic of one object is assigned to another, different but resembling it or analogous to it; comparison by transference of a descriptive word or phrase," late 15c., methaphoris (plural), from French metaphore (Old French metafore, 13c.) and directly from Latin metaphora, from Greek metaphora
"a transfer," especially of the sense of one word to a different word, literally "a carrying over," from metapherein
"to transfer, carry over; change, alter; to use a word in a strange sense," from meta "over, across" (see meta-) + pherein "to carry, bear" (from PIE root *bher- (1) "to carry," also "to bear children").
But a metaphor is no argument, though it be sometimes the gunpowder to drive one home and imbed it in the memory. [James Russell Lowell, "Democracy," 1884]
It is a great thing, indeed, to make a proper use of the poetical forms, as also of compounds and strange words. But the greatest thing by far is to be a master of metaphor. It is the one thing that cannot be learnt from others; and it is also a sign of genius, since a good metaphor implies an intuitive perception of the similarity in dissimilars. [Aristotle, "Poetics," 1459a 3-8]
assent : [etymonline] (v.) c. 1300, "agree to, approve;" late 14c. "admit as true," from Old French assentir "agree; get used to" (12c.), from Latin assentare/adsentare, frequentative of assentire
"agree with, approve," from ad "to" (see ad-) + sentire "to feel, think" (see sense (n.)). Related: Assented; assenting.
insubordninate : (v.) In a general sense it is to not submit oneself to an authority, and in the sense of military service to not submit oneself to, or to have no regard for the authority of a superior where otherwise one is obligated to do so. From in (not) + subordinate (v.) "to bring into a subordinate position to something else, to make of less value, to make auxiliary or dependent," 1590s, from Medieval Latin subordinatus (see subordinate (adj.)). Related: Subordinated; subordinating.
covenant : [etymonline] (n.) c. 1300, covenaunt, "mutual compact to do or not do something, a contract," from Old French covenant, convenant "agreement, pact, promise" (12c.), originally present participle of covenir "agree, meet," from Latin convenire
"come together, unite; be suitable, agree," from com- "together" (see com-) + venire "to come," from a suffixed form of PIE root *gwa- "to go, come."
In law, "a promise made by deed" (late 14c.). Applied in Scripture to God's arrangements with
man as a translation of Latin testamentum, Greek diatheke, both rendering Hebrew berith (though testament also is used for the same word in different places). Meaning "solemn agreement between members of a church" is from 1630s; specifically those of the Scottish Presbyterians in 1638 and 1643 (see covenanter).
indenture : [etymonline] (n.) late 14c., endenture, indenture,
"written formal contract for services (between master and apprentice, etc.), a deed with mutual covenants," from Anglo-French endenture, Old French endenteure "indentation," from endenter "to notch or dent" (see indent (v.1)).
Such contracts (especially between master craftsmen and apprentices) were written in full identical versions on a sheet of parchment, which was then cut apart in a zigzag, or "notched" line. Each party took one, and the genuineness of a document of indenture could be proved by laying it beside its counterpart.
nepotism : [etymonline] (n.)
"favoritism shown to relatives, especially in an appointment to high office," 1660s, from French népotisme (1650s), from Italian nepotismo, from nepote "nephew," from Latin nepotem (nominative nepos)
"grandson, nephew" (see nephew). Originally, practice of granting privileges to a pope's "nephew" which was a euphemism for his natural son.
anecdote : [etymonline] (n.) 1670s, "secret or
private stories," from French anecdote (17c.) or directly from Medieval Latin anecdota, from Greek anekdota
"things unpublished," neuter plural of anekdotos, from an- "not" (see an- (1)) + ekdotos "published," from ek- "out" (see ex-) + didonai "to give" (from PIE root *do- "to give").
Procopius' 6c. Anecdota, unpublished memoirs of Emperor Justinian full of court gossip, gave the word a sense of "revelation of secrets," which decayed in English to "brief, amusing story" (1761).
intercourse : [etymonline] (n.) mid-15c., "communication to and fro," ("In early use exclusively with reference to trade" [OED]), from Old French entrecors
"exchange, commerce, communication" (12c., Modern French entrecours), from Late Latin intercursus "a running between, intervention," in Medieval Latin
"intercommunication," from intercursus, past participle of intercurrere "to run between, intervene, mediate," from Latin inter "between" (see inter-) + currere "to run" (from PIE root *kers- "to run").
Sense of "frequent and habitual meeting and contact, social communication between persons" is from 1540s. Meaning "mental or spiritual exchange or intercommunication" is from 1560s. Meaning "sexual relations" (1798) probably is a shortening of euphemistic sexual intercourse (1771) with intercourse in its sense "social contact and relations."
dilatory : [etymonline] (adj.) mid-15c., dilatorie,
"marked by or given to procrastination or delay, not prompt," from Old French dilatorie and directly from Late Latin dilatorius, from dilator "procrastinator," from dilatus, serving as past participle of differe
"to delay, put off, postpone," from assimilated form of dis- "away from" (see dis-) + ferre "to bear, carry," from PIE root *bher- (1) "to carry." Meaning "intending to cause delay" is from 1530s. Related: Dilatorily; dilatoriness.
per pais : [merriam-webster] by the country : by a jury or by a matter tryable by a jury.
n.b. : also written as NB is an acronym for the Latin term
"nota bene"; meaning "note well."
alleviate : [etymonline] (v.) early 15c., " to mitigate, relieve (sorrows, suffering, etc.)," from Late Latin alleviatus, past participle of alleviare "lift up, raise," figuratively
"to lighten (a burden), comfort, console," from assimilated form of Latin ad "to" (see ad-) + levis "light" in weight (from PIE root *legwh- "not heavy, having little weight"). Related: Alleviated; alleviating.
mercy : Is the disposition to have compassion for, and to forgive the offences of people who have sinned or erred in ignorance against good conscience. [etymonline] from Latin mercedem (nominative merces)
"reward, wages, pay, hire" (in Vulgar Latin "favor, pity;" in Medieval Latin "thanks; grace"), from merx (genitive mercis) "wares, merchandise" (see market (n.)). In Church Latin (6c.) it was given a specific application to the heavenly reward earned by those who show kindness to the helpless and those from whom no requital can be expected.
noisome : [etymonline] (adj.) late 14c., noisom,
"harmful, noxious" (senses now obsolete), from noye, noi "harm, misfortune" (c. 1300), shortened form of anoi "annoyance" (from Old French anoier, see annoy) + -some (1). Meaning "bad-smelling, offensive to the sense of smell" is by 1570s. Related: Noisomeness.
provocate : [etymonline] (v.) "to provoke, call forth," early 15c., provocaten, rare then and obsolete now, from Latin provocatus, past participle of provocare "to call out" (see provoke). Related: Provocated; provocating.
procrastinate : [etymonline] (v.) "to put off till another day, defer to a future time," 1580s, a back formation from procrastination or else from Latin procrastinatus, past participle of procrastinare
"to put off till tomorrow; defer, delay." Intransitive sense of "be dilatory" is by 1630s. Related: Procrastinated; procrastinating. The earlier verb was procrastine (1540s), from French procrastiner.
pestilence : [etymonline] (n.) c. 1300, "any infectious or contagious disease, fatal epidemic," from Old French pestilence "plague, epidemic" (12c.) and directly from Latin pestilentia
"a plague, an unwholesome atmosphere," noun of condition from pestilentem (nominative pestilens)
"infected, unwholesome, noxious," from pestis "deadly disease, plague" (see pest).
Also in Middle English "wickedness, evil, sin, a vice, that which is morally pestilential."
associate : [etymonline] (v.) mid-15c., "join in company, combine intimately" (transitive), from Latin associatus past participle of associare
"join with," from assimilated form of ad "to" (see ad-) + sociare
"unite with," from socius "companion, ally," from PIE *sokw-yo-, suffixed form of root *sekw- (1) "to follow." Related: Associated; associating. Intransitive sense of "have intercourse, be associated" is from 1640s. Earlier form of the verb was associen (late 14c.), from Old French associier "associate (with)."
dishonest : [etymonline] (adj.) late 14c.,
"disgraceful, shameful, without honesty or integrity; unjust, unfair, disposed to deceive or cheat; unmodest, unchaste, not trustworthy" from Old French deshoneste (13c., Modern French déshonnête) "dishonorable, horrible, indecent," perhaps from a Medieval Latin or Gallo-Ro
man compound of Latin dis- "not" (see dis-) + honestus "honorable; deserving honor, respectable," from honos "honor, dignity, office, reputation," which is of unknown origin. The Latin formation was dehonestus. Related: Dishonestly.
capitulate : [etymonline] (v.) 1590s, "to draw up a writing in chapters or articles" (i.e., under "headings"), in part a back-formation from capitulation (q.v.), in part from Medieval Latin capitulatus, past participle of capitulare
"to draw up in heads or chapters," hence "arrange conditions," from capitulum "chapter," in classical Latin "heading," literally "a little head," diminutive of caput (genitive capitis) "head" (from PIE root *kaput- "head").
Often of terms of surrender, and thus it came to mean "to yield to an enemy on stipulated terms" (1680s). Related: Capitulated; capitulating. Compare chapter.
society : [etymonline] (n.) 1530s, "companionship, friendly association with others," from Old French societe "company" (12c., Modern French société), from Latin societatem (nominative societas)
"fellowship, association, alliance, union, community," from socius "companion, ally," from PIE *sokw-yo-, suffixed form of root *sekw- (1) "to follow."
Meaning "group, club" is from 1540s, originally of associations of persons for some specific purpose. Meaning "people bound by neighborhood and intercourse aware of living together in an ordered community" is from 1630s. Sense of "the more cultivated part of any community" first recorded 1823, hence "fashionable people and their doings." The Society Islands were named 1769 by Cook on his third Pacific voyage in honor of the Royal Society, which financed his travels across the world to observe the transit of Venus.
aspiration : [etymonline] (n.) 1530s, "action of breathing into," from Latin aspirationem (nominative aspiratio)
"a breathing on, a blowing upon; rough breathing; influence," noun of action from past-participle stem of aspirare
"strive for, seek to reach," literally "breathe at, blow upon" (see aspire). Meaning "steadfast longing for a higher goal, earnest desire for something above one" is recorded from c. 1600 (sometimes collectively, as aspirations).
moto proprio : [wikipedia] In law, motu proprio (Latin for: "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term
sua sponte (Latin: “of his, her, its or their own accord”) for the same concept.
detention : [etymonline] mid-15c., detencioun,
"act of keeping back or withholding," from Old French détention (13c.) and directly from Late Latin detentionem (nominative detentio), noun of action from past-participle stem of Latin detinere
"hold back, keep off" (see detain).
Sense of "confinement, restraint, state of being detained" is by 1570s (in reference to Mary Queen of Scots). In reference to "a keeping in" as a school punishment, from 1857.
quasi-delict : A quasi-delict is a negligent act or omission which causes
harm or damage to the
person or
property of another, and thus exposes a
person to civil liability in civil law jurisdictions, as if the act or omission was intentional (a delict). For contrast under "English
Common Law" the terms used is negligence.
DSWD : Department of social welfare and development. Philippines
SWAD : Social welfare and development. Philippines
SWO II : Social welfare officer. Philippines
LSWDO : Local/Licensed? social welfare development officer. Philippines
delict : "a transgression or offense" causing injury to the
person of another whether by fault or maliciously in civil law jurisdictions. For contrast the equivalent of a
delict under the system of "English
Common Law" would be a
tort.
litigant : Generally understood in a modern context to be one who instigates or and carries on a lawsuit. [etymonine] (n.) 1650s; earlier as an adjective (1630s), from French litigant or directly from Latin litigantem (nominative litigans), present participle of litigare
"to dispute, quarrel, strive, carry on a suit" (see litigation).
pro : [etymonline] (n.) "a consideration or argument in favor," c. 1400, from Latin pro (prep.)
"on behalf of, in place of, before, for, in exchange for, just as" (from PIE root *per- (1) "forward," hence "in front of, before, first, chief"). Pro and con is short for pro and contra (c. 1400) "for and against" (Latin pro et contra). Also as in the Latin phrase
pro bono "for good."
contrite : [etymonline] (adj.) "broken in spirit by a sense of guilt, conscience-stricken and resolved to not sin again," c. 1300, from Old French contrit (12c.) and directly from Latin contritus, literally
"worn out, ground to pieces," in Late Latin "penitent," past participle of conterere "to grind," from assimilated form of com "with, together" (see con-) + terere "to rub" (from PIE root *tere- (1) "to rub, turn").
Used in Church Latin in a figurative sense of "crushed in spirit by a sense of sin." Related: Contritely.
delude : [etymonline] (v.) "deceive, impose upon, mislead the mind or judgment of," c. 1400, from Latin deludere
"to play false; to mock, deceive," from de- "down, to one's detriment" (see de-) + ludere "to play" (see ludicrous). Related: Deluded; deluding.
Mislead means to lead wrong, whether with or without design. Delude always, at least figuratively, implies intention to deceive, and that means are used for that purpose. We may be misled through ignorance and in good faith, but we are deluded by false representations. A
person may delude himself. [Century Dictionary]
wile : [etymonline] (n.) late Old English, wil
"stratagem, trick, sly artifice," perhaps from Old North French *wile (Old French guile), or directly from a Scandinavian source (compare Old Norse vel "trick, craft, fraud," vela "defraud"). Perhaps ultimately related to Old English wicca "wizard" (see Wicca). Lighter sense of "amorous or playful trick" is from c. 1600.
desolate : [etymonline] (adj.) mid-14c., of persons, "disconsolate, miserable, overwhelmed with grief, deprived of comfort;" late 14c., of persons, "without companions, solitary, lonely;" also, of places, "uninhabited, abandoned," from Latin desolatus, past participle of desolare
"leave alone, desert," from de- "completely" (see de-) + solare "make lonely," from solus "alone" (see sole (adj.)). Related: Desolately; desolateness.
collateral estoppel : is an "English
Common Law" rule or doctrine that precludes the re-litigation of points of law or of fact in one case that had been previously established in another with the same or related parties.
(see https://legaldictionary.net/collateral-estoppel/)
judicial : [etymonline] (adj.) late 14c., "of or pertaining to a judge; pertaining to the administration of justice," from Latin iudicalis
"of or belonging to a court of justice," from iudicium "judgment, decision of a court of justice," also the court itself, from iudex "a judge," a compound of ius "right, law" (see just (adj.)) + root of dicere "to say" (from PIE root *deik- "to show," also "pronounce solemnly"). Related: Judicially. [comment] That which is decided judicially is distinct as a matter of right relating to
justice that Henry de Bracton describes as the unfailing will to give each his right. Judicially decided matters are also distinct as a matter of right from that which is decided in a legal proceeding relating to the rules of a legislature, or precedent established in a legal system. That which is decided judicially relies heavily on the principals of
common law established before an independent tribunal who determine the truth and law as a matter of right.
evict : [etymonline] (v.) mid-15c., "recover (property) by judicial means," from Latin evictus, past participle of evincere
"overcome and expel, conquer, subdue, vanquish; prevail over; supplant," from assimilated form of ex "out," or perhaps here merely intensive (see ex-) + vincere "conquer" (from nasalized form of PIE root *weik- (3) "to fight, conquer"). Sense of "expel by legal process" first recorded in English 1530s, from a post-classical sense of the Latin word. Related: Evicted; evicting. Compare evince.
rubric : [the free dictionary] Is an explanation, introductory commentary or a heading, sometimes in red, beneath which things are classed or categorised. Such is the case with the head note of a law report that sets out the main facts and the point of law decided in a case. It is also the long title of an act of parliament. Both usages derive from the fact that these parts used to be printed in red.
compulsory process : Ratified under the 6th amendment to the US Constitution it is the method employed by defendants whereby a
person required as a witness is forced to appear before a court hearing the proceeding, or whereby the production of evidence can be compelled from the prosecution before trial in a civil or criminal action. At trial it is only the defence that can make use of compulsory process where the witness in question is compelled to appear by the issuance of a subpoena or bench warrant. The
rights of defendants are legally determined through the due process clause under such doctrines as the fundamental fairness, and the inherent right of defence doctrines; as such the powers of a defendant to properly demonstrate his case have certain legal constraints. In these cases one should file a concurrent
claim whereby a
man has the opportunity to fully exhaust the inherent right to demonstrate his case in a proper manner before a trial by jury.
hostile witness : One called to give evidence as a witness in a criminal proceeding who is not necessarily favourable to your case. As such once declared as a hostile witness before a judge there is the opportunity to pose leading questions where under normal circumstances, when the witness is not hostile, you would not have such an opportunity.
accession : [etymonline] 1580s, "that which is added," also "act of acceding" (by assent, to an agreement, etc.), from Latin accessionem (nominative accessio)
"a going to, approach; a joining; increase, enlargement," noun of action from past-participle stem of accedere "approach, enter upon" (see accede). From 1640s as "act of coming to a position or into possession," especially in reference to a throne. Related: Accessional.
mitigate : [etymonline] early 15c., "relieve (pain); make mild or more tolerable; reduce in amount or degree," from Latin mitigatus, past participle of mitigare
"soften, make tender, ripen, mellow, tame," figuratively,
"make mild or gentle, pacify, soothe," ultimately from mitis "gentle, soft" + root of agere "to do, perform" (from PIE root *ag- "to drive, draw out or forth, move"). For mitis de Vaan suggests cognates in Sanskrit mayas- "refreshment, enjoyment," Lithuanian mielas "nice, sweet, dear," Welsh mwydion "soft parts," Old Irish min "soft," from a PIE *mehiti- "soft." Related: Mitigated; mitigating; mitigates.
purport : [etymonline] (n.) early 15c., "meaning, tenor, the surface or expressed meaning of a document, e.g. the
purport of a letter; that which is conveyed or expressed," from Anglo-French purport (late 13c.), Old French porport "contents, tenor," back-formation from purporter
"to contain, convey, carry; intend," from pur- (from Latin pro- "forth;" see pur-) + Old French porter "to carry," from Latin portare
"to carry" (from PIE root *per- (2) "to lead, pass over"). Meaning "that which is to be done or effected" is from 1650s. [comment] from Latin portare "to carry" as in; how the meaning of text, for example, might be conveyed or carried over.
material witness : a witness who's testimony and evidence is essential to the outcome of a case or trial in a criminal proceeding.
attach : [etymonline] (v.) mid-14c. (mid-13c. in Anglo-Latin),
"to take or seize (property or goods) by law," a legal term, from Old French atachier "fasten; arrest" (11c.), earlier estachier "to attach, fix; stake up, support" (Modern French attacher, also compare Italian attaccare), from a- "to" (see ad-) + base also found in detatch, perhaps from Frankish *stakon "a post, stake" or a similar Germanic word, from Proto-Germanic *stakon- "a stake," from PIE root *steg- (1) "pole, stick" (see stake (n.)).
Meaning "to fasten, affix, connect," which probably is the original sense etymologically, is attested in English from c. 1400. Related: Attached; attaching.
let : [etymonline] (v.) Old English lætan (Northumbrian leta) "to allow; to leave behind, depart from; leave undone; bequeath," also "to rent, put to rent or hire" (class VII strong verb; past tense let, leort, past participle gelæten), from Proto-Germanic *letan (source also of Old Saxon latan, Old Frisian leta, Dutch laten, Old High Ger
man lazan, Ger
man lassen, Gothic letan "to leave, let"), from PIE *led-, extended form of root *lē- "to let go, slacken." If that derivation is correct, the etymological sense would be "let go through weariness, neglect."
"The shortening of the root vowel ... has not been satisfactorily explained" [OED]. Of blood, from late Old English. Other Old and Middle English senses include "regard as, consider; behave toward; allow to escape; pretend;" to let (someone) know and to let fly (arrows, etc.) preserve the otherwise obsolete sense of "to cause to." To let (someone) off "allow to go unpunished, excuse from service" is from 1814. To let on is from 1725 as "allow (something) to be known, betray one's knowledge of," 1822 as "pretend" (OED finds a similar use in the phrase never let it on him in a letter from 1637). To let out is late 12c. as "allow to depart" (transitive); intransitive use "be concluded," of schools, meetings, etc., is from 1888, considered by Century Dictionary (1895) to be "Rural, U.S." Of garments, etc., late 14c.
Let alone "abstain from interfering with" is in Old English, and used in a court room context to express one's intention to not contract; the phrase in the sense "not to mention, to say nothing of" is from 1812. To let (something) be
"leave it alone" is from c. 1300; let it be "let it pass, leave it alone" is from early 14c. To let go is from c. 1300 as "allow to escape," 1520s as "cease to restrain," 1530s as "dismiss from one's thoughts." Let it go "let it pass, no matter" is as old as Chaucer's Wife of Bath: "But age allas Hath me biraft my beautee Lat it go, far wel, the deuel go ther with!" [c. 1395]. Let me see "show me" is from c. 1300.
malevolent : the disposition out of ill will, or hate that wishes the harm, injury or misfortune of others. [etymonline] Latin malevolentem (nominative malevolens) "ill-disposed, spiteful, envious," from male "badly" (see mal-) + volentem (nominative volens), present participle of velle "to wish" (see will (v.)). Related: Malevolently.
involuntary dismissal : the termination of a court case arising out of a motion that the plaintiff is not properly prosecuting a case, not complying with the
federal rules of civil procedure, or carrying out the
order of a court of law.
misfeasance : [etymonline] (n.) "misuse of power, wrongful exercise of
lawful authority or improper performance of a
lawful act," 1590s, from French mesfaisance, from mesfaisant, present participle of Old French mesfaire "to misdo," from mes- "wrongly" (see mis- (2)) + faire "to do," from Latin facere "to make, do, perform" (from PIE root *dhe- "to set, put"). Related: Misfeasor.
malfeasance : [etymonline] (n.) "wrongful conduct, the doing of that which ought not to be done," especially "official misconduct, violation of a public trust or obligation," 1690s, from French malfaisance "wrongdoing," from malfaisant, from mal- "badly" (see mal-) + faisant, present participle of faire "to do," from Latin facere "to do" (from PIE root *dhe- "to set, put").
[S]pecifically, the doing of an act which is positively un
lawful or wrongful, in contradistinction to misfeasance, or the doing of a
lawful act in a wrongful manner. The term is often inappropriately used instead of misfeasance. [Century Dictionary] Malfeasor "wrong-doer" is attested from early 14c. Related: Malfeasant.
vociferous : related to the word
clamorous meaning 'noisy' or to shout. [etymonline] (adj.) 1610s, from Latin vociferari
"to shout, yell, cry out," from vox (genitive vocis) "voice" (from PIE root *wekw- "to speak") + stem of ferre "to carry" (from PIE root *bher- (1) "to carry"). Related: Vociferously; vociferousness.
decree : [etymonline] (v.)
"to order or promulgate with authority," late 14c., decreen, from decree (n.). Related: Decreed; decreeing. (n.) "special ordinance or regulation promulgated by authority," early 14c., originally ecclesiastical, secular use is by late 14c., from Old French decre, variant of decret (12c., Modern French décret), from Latin decretum, neuter of decretus, past participle of decernere
"to decree, decide, pronounce a decision," from de (see de-) + cernere "to separate" (from PIE root *krei- "to sieve," thus "discriminate, distinguish").
assay : [etymonline] (v.) c. 1300,
"to try, endeavor, strive; test the quality of," from Anglo-French assaier, from assai (n.), from Old French assai, variant of essai "trial" (see essay (n.)). Related: Assayed; assaying. (n.) mid-14c., "trial, test of quality, test of character," from Anglo-French assai, ultimately from Late Latin exagium
"a weighing" (see essay (n.)). Meaning
"trial of purity of a metal" is from late 14c.
essay : [etymonline] (n.) 1590s, "trial, attempt, endeavor," also "short, discursive literary composition" (first attested in writings of Francis Bacon, probably in imitation of Montaigne), from French essai "trial, attempt, essay" (in Old French from 12c.), from Late Latin exagium "a weighing, a weight," from Latin exigere
"drive out; require, exact; examine, try, test," from ex "out" (see ex-) + agere "to set in motion, drive" (from PIE root *ag- "to drive, draw out or forth, move") apparently meaning here "to weigh." The suggestion is of unpolished writing. Compare assay, also examine.
memorandum : [etymonline] (n.) mid-15c., "(something) to be remembered," a note of something to be remembered for future reference or consideration, from Latin memorandum
"(thing) to be remembered," neuter singular of memorandus "worthy of remembrance, noteworthy," gerundive of memorare "to call to mind," from memor "mindful of" (from PIE root *(s)mer- (1) "to remember").
"Used originally as mere Latin, and usually abbreviated mem., to introduce a note of a thing to be done" [Century Dictionary]; by 1540s it came to mean the note itself. The Latin plural is memoranda. Compare also agenda.
repudiate : [etymonline] (v.) 1540s, "to cast off by divorce," from Latin repudiatus, past participle of repudiare
"to cast off, put away, divorce, reject, scorn, disdain," from repudium
"divorce, rejection, a putting away, dissolution of marriage," from re- "back, away" (see re-) + pudium, which is probably related to pes/ped- "foot" [Barnhart]. If this is so, the original notion may be of kicking something away, but folk etymology commonly connects it with pudere "cause shame to." Of opinions, conduct, etc., "to refuse to acknowledge," attested from 1824. Earliest in English as an adjective meaning "divorced, rejected, condemned" (mid-15c.). Related: Repudiated; repudiating.
sojourn : [etymonline] (v.) late 13c.,
"stay temporarily, reside for a time; visit;" also "reside permanently, dwell;" from Old French sojorner "stay or dwell for a time," from Vulgar Latin *subdiurnare
"to spend the day" (source also of Italian soggiornare), from Latin sub- "under, until" (see sub-) + diurnare "to last long," from diurnus "of a day," from diurnum "day" (from PIE root *dyeu- "to shine"). Modern French séjourner formed via vowel dissimilation. Related: Sojourned; sojourning.
reside : [etymonline] (v.) late 15c., residen, "to remain at a place," from Old French resider (15c.) and directly from Latin residere
"sit down, settle; remain behind, rest, linger; be left," from re- "back, again" (see re-) + sedere "to sit," from PIE root *sed- (1) "to sit." Meaning "to dwell permanently" first attested 1570s. Related: Resided; residing. Also from the French word are Dutch resideren, Ger
man residiren.
section 10 : refers to to an
order of the Local, District or Supreme Court under section 10 of the Crimes (Sentencing Procedure) Act 1999. In a legal proceeding despite being found guilty of an offence a section 10 can allow for the matter to be dismissed without recording a criminal conviction. A section 10(1)(a) allows for an outright dismissal, a section 10(1)(b) involves a CRO (conditional release order) that has to be complied with within a maximum 2 year period for the conviction to be extinguished. If the conditions of the CRO are not met the CRO maybe set aside and the offender re-sentenced with even stiffer penalties. A section 10(1)(c) allows for a dismissal without a conviction but involves an intervention or rehabilitation program. Examples are the Traffic Offenders Intervention Program, or a drug or alcohol rehabilitation program. While a section 10 (1)(a) involves an outright dismissal of a conviction, under sections (1)(b) & (c) the conviction will stand for the duration of the related order.
arbitrage : [etymonine] (n.) "arbitration, exercise of the function of an arbitrator," late 15c., from Old French arbitrage "arbitration, judgment," from arbitrer "to arbitrate, judge," from Late Latin arbitrari, from Latin arbiter
"judge, umpire, mediator" (see arbiter). In finance, "the business founded on a calculation of the temporary differences in the price of securities in different markets" (1875).
chose : is a French term meaning "thing" the use of which has evolved in English
Common Law when referring to
rights in intangible property, or the right of enforcement over intangible
property that can only be achieved or enforced by action and not by the physical taking of the thing e.g. a cash balance at a bank or
money due on a bond.
superfluous : (adj.) [etymonline] early 15c. (earlier superflue, late 14c.), from Latin superfluus
"unnecessary," literally
"overflowing, running over," from superfluere "to overflow," from super "over" (see super-) + fluere "to flow" (see fluent). Related: Superfluously; superfluousness. [comment] also that which is in excess of, or beyond what is necessary to that which is required.
escrow : [etymonline] (n.)1590s, in law, "a writing fully executed by the parties, but put into the custody of a third
person to hold until the fulfilment of some condition, when it is to be delivered to the grantee;" from Anglo-French escrowe, from Old French escroe "scrap, small piece, rag, tatter, single parchment," from a Germanic source akin to Old High Ger
man scrot "a scrap, shred, a piece cut off" (see shred (n.)). The notion of a
deed delivered to a third
person until a future condition is satisfied led to the sense of "a deposit of
money held in trust or security" (1888).
essential : [etymonline] (adj.) mid-14c., "that is such by its essence," from Late Latin essentialis, from essentia
"being, essence," abstract noun formed (to translate Greek ousia "being, essence") from essent-, present participle stem of esse
"to be," from PIE root *es- "to be." Meaning "pertaining to essence" is from late 14c., that of "constituting the essence of something" is from 1540s; that of "necessary" is from 1520s. Essentials "indispensable elements" is from early 16c. Related: Essentially.
essence : [etymonline] (n.) late 14c., essencia (respelled late 15c. on French model), from Latin essentia
"being, essence," abstract noun formed (to translate Greek ousia "being, essence") from essent-, present participle stem of esse "to be," from PIE root *es- "to be."
Originally "substance of the Trinity;" the general sense of "basic element of anything" is first recorded in English 1650s, though this is the underlying notion of the first English use of essential. Meaning "ingredient which gives something its particular character" is from c. 1600, especially of distilled oils from plants (1650s), hence "fragrance, perfume" (17c.). In 19c. U.S., essence-peddler could mean "medical salesman" and "skunk."
cease : [etymonline] (n.) c. 1300, cesen, "to stop moving, acting, or speaking; come to an end," from Old French cesser "to come to an end, stop, cease; give up, desist," from Latin cessare
"to cease, go slow, give over, leave off, be idle," frequentative of cedere (past participle cessus) "go away, withdraw, yield" (from PIE root *ked- "to go, yield"). Transitive sense
"put a stop to," now rare, is from late 14c. Related: Ceased; ceasing. Old English in this sense had geswican, blinnan.
protest : [etymonline] (n.) c. 1400, "avowal, pledge, solemn declaration," from Old French protest, from protester, from Latin protestari
"declare publicly, testify, protest," from pro-
"forth, before" (from PIE root *per- (1)
"forward," hence "in front of, before") + testari
"testify," from testis "witness" (see testament). [comment] quaere In terms of the
common law one has to ask; does a
man have the right to come forward and make a public declaration which is essentially the act of protesting as defined. Before Queens Bench unless there is a proper
claim with respect to
harm injury or loss the crown have no
rights and no standing to curtail a public protest as long it has has been done in a
lawful manner.
Meaning "statement of disapproval" is recorded by 1751. By late 19c. this was mostly restricted to "a solemn or formal declaration against some act or course of action."
The adjectival sense of "expressing of dissent from, or rejection of, prevailing social, political, or cultural mores" is by 1942, in reference to U.S. civil
rights movement (in protest march); protest rally from 1960. Protest vote, "vote cast to demonstrate dissatisfaction with the choice of candidates or the current system," is by 1905 (in reference to Socialist Party candidates).
jurat : [etymonline] (n.) also jurate, "one who has taken an oath," early 15c. (mid-14c. in Anglo-French), from Medieval Latin iuratus
"sworn man," noun use of past participle of Latin iurare "to swear" (see jury (n.)). Meaning
"official memorandum at the end of an affidavit" (showing when and before whom it was sworn) is from 1796, from Latin iuratum, noun use of the neuter past participle. With reference to a clause wikipedia gives A jurat (short for Latin juratum (est), "it has been sworn", 3rd singular perfect passive of jurare, "to swear") is a clause at the foot of an
affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made.
In English and American law, or English
Common Law a jurat is that part of an
affidavit which contains the names of the parties swearing the affidavit, the actual statement that an oath or affirmation has been made, the
person before whom it was sworn, the date, place and other necessary particulars. The jurat is usually located on the bottom of a document. A typical form would be Sworn to before me this Day of Month, 20__, with the signature of the witness, often a notary public, the venue, and sometimes other particulars.[2] Old forms of jurats ran as Juratum... die... coram..., which then gave in English Sworn... this day... in front of....
interpolate : [etymonline] (v.) 1610s, "to alter or enlarge (a writing) by inserting new material," from Latin interpolatus, past participle of interpolare
"alter, freshen up, polish;" of writing, "falsify," from inter
"among, between" (see inter-) + polare, which is related to polire
"to smoothe, polish," from PIE root *pel- (5) "to thrust, strike, drive," the connecting notion being "to full cloth" [Watkins].
Sense evolved in Latin from "refurbish," to "alter appearance of," to "falsify (especially by adding new material)." Middle English had interpolen (early 15c.) in a similar sense. Related: Interpolated; interpolating.
dwell : [etymonline] (v.)Old English dwellan "to lead into error, deceive, mislead," related to dwelian "to be led into error, go
wrong in belief or judgment," from Proto-Germanic *dwaljana "to delay, hesitate," *dwelana "go astray" (source also of Old Norse dvelja "to retard, delay," Danish dvæle “to linger, dwell,” Swedish dväljas “to dwell, reside;” Middle Dutch dwellen "to stun, perplex;" Old High Ger
man twellen "to hinder, delay") from PIE *dhwel-, extended form of root *dheu- (1) "dust, cloud, vapor, smoke" (also forming words with the related notions of "defective perception or wits").
The apparent sense evolution in Middle English was through
"to procrastinate, delay, be tardy in coming" (late 12c.), to
"linger, remain, stay, sojourn," to
"make a home, abide as a permanent resident" (mid-14c.). From late 14c. as "remain (in a certain condition or status)," as in phrase dwell upon "keep the attention fixed on." Related: Dwelled; dwelt; dwells.
It had a noun form in Old English, gedweola "error, heresy, madness." Also compare Middle English dwale "deception, trickery," from Old English dwala or from a Scandinavian cognate (such as Danish dvale "trance, stupor, stupefaction"); dwale survived into late Middle English as "a sleeping potion, narcotic drink, deadly nightshade."
placate : [etymonline] (v.)
"appease or pacify," 1670s, a back-formation from placation or else from Latin placatus "soothed, quiet, gentle, calm, peaceful," past participle of placare "to calm, appease, quiet, soothe, assuage," causative of placere "to please" (see please). Related: Placated; placating; placatingly.
appurtenance : (n.) c. 1300, "right, privilege or possession subsidiary to a principal one," especially in law, "a right, privilege, or improvement belonging to a property," from Anglo-French apurtenance (12c.), Old French apartenance, apertenance, present participle of apartenir "be related to," from Late Latin appertinere
"to pertain to, belong to," from Latin ad "to" (see ad-) + pertinere
"belong; be the right of" (see pertain).
behoof : [etymonline] (n.) c. 1200,
"use, benefit, advantage," from Old English *bihof
"advantage, utility" (implied by bihoflic "useful," and compare behoove), from Proto-Germanic *bi-hof "that which binds, requirement, obligation" (source also of Old Frisian bihof "advantage," Dutch behoef, Middle High Ger
man bihuof "useful thing," Ger
man Behuf "benefit, use, advantage," Danish behov "need, necessity"). In the common Germanic compound, the first element, likely intensive, is cognate with be- and the second with Old English hof, past tense of hebban "to raise" (see heave (v.)). The original sense is perhaps, then,
"taking up (for oneself)."
expropriation : (n.) mid-15c., "renunciation of worldly goods," from Medieval Latin expropriationem (nominative expropriatio), noun of action from past-participle stem of Late Latin expropriare "deprive of property," from ex
"away from" (see ex-) + propriare
"take as one's own," from proprius "one's own" (see proper). Sense of "a taking of someone's property," especially for public use, is from 1848; as Weekley puts it, "Current sense of organized theft appears to have arisen among Ger. socialists." [comment]
to take out from or away from the property of another as one's own.
(v.) "to hold no longer as one's own, give up a
claim to the exclusive
property of," 1610s, back-formation from expropriation, or from earlier adjective (mid-15c.), or from Medieval Latin expropriatus, past participle of expropriare "deprive of property, deprive of one's own," from ex "away from" (see ex-) + propriare "take as one's own," from proprius "one's own" (see proper). Related: Expropriated; expropriating.
receivables : [etymonline] (adj.)"able to be received" in any sense; "capable of reception," late 14c., from receive + -able, and in part from Anglo-French or Old French recevable, from Old French recoivre. Related: Receivableness; receivability. Receivables (n.)
"debts owed to a business" is by 1863.
exigence : (n.) [etymonline] mid-15c., "what is needed" (in a given situation), from Old French exigence or directly from Latin exigentia "urgency," from exigentem (nominative exigens), present participle of exigere "demand, require, enforce," literally "to drive or force out," also "to finish, measure," from ex "out" (see ex-) + agere "to set in motion, drive, drive forward; to do, perform" (from PIE root *ag- "to drive, draw out or forth, move"). From 1580s as "state of being urgent."
desirable : the legal definition means the terms "may", "can", "should", "preferably", or "prefers" identifying a discretionary item or factor. [etymonline] (adj.) "worthy to be desired, fit to excite a
wish to possess," late 14c., from Old French desirable (12c.), from desirrer (see desire (v.)). In Middle English sometimes it meant "desired, hoped for, welcome." Related: Desirably.
discretion : [etymonline] (n.) c. 1300, dyscrecyounne, "ability to perceive and understand;" mid-14c., "moral discernment, ability to distinguish right from wrong;" c. 1400, "prudence, sagacity regarding one's conduct," from Old French discrecion and directly from Medieval Latin discretionem (nominative discretio) "discernment, power to make distinctions," in classical Latin "separation, distinction," noun of state from past-participle stem of discernere "to separate, distinguish" (see discern).
Phrase at (one's) discretion attested from 1570s (earlier in (one's) discretion, late 14c.), from sense of "power to decide or judge, power of acting according to one's own judgment" (late 14c.). The age of discretion (late 14c.) in English law was 14.
importune : [etymonline] importune (v.)
"harass with solicitation, demand persistently," 1520s, back-formation from importunity, or else from French importuner, from Medieval Latin importunari
"to make oneself troublesome," from Latin importunus "unfit, unfavorable, troublesome," literally "having no harbor" (thus "difficult to access"), from assimilated form of in- "not, opposite of" (see in- (1)) + portus "harbor" (see port (n.1)). Related: Importuned; importuning. As an adjective from early 15c. Portunus was the Ro
man deity of harbors; hence Portunium "temple of Portunus."
void judgement : a judicial decision that was invalid at the time it was issued having no legal force or effect. Reasons for a void judgement relate to a court lacking subject matter or personal jurisdiction over the case, or if a fraud was perpetrated on the court.
Karl Lentz makes the point that a "void judgement" is not a descriptive phrase but a noun in and of its own right. All subsequent proceedings that result from a void judgement are also considered likewise void.
superintend : (v.) "to have charge and direction of," 1610s, from Church Latin superintendere
"to oversee" (see superintendent). Related: Superintended; superintending.
erratum : [etymonline] (n.)
"an error in writing or printing," 1580s, from Latin erratum (plural errata), neuter past participle of errare
"to wander; to err" (see err). [comment] similar to a corrigendum which is a correction to mistakes of work published by an author an erratum is the correction of a mistake in documents published for some other purpose e.g. legal texts, awards or some other public document.
mistake : etymonline in this case has no latin translation, but for the verb gives from mid-14c., "to commit an offense." late 14c., "to misunderstand, misinterpret, take in a
wrong sense." from mis- "badly, wrongly" + take "to seize, grasp, lay hold" The noun however is given as "an error in action, opinion or judgement" quoting the century dictionary 1897 stating that a mistake is a false judgement or choice distinct from an error that can imply obliquity (crookedness) in wandering from the truth in impression, judgement, or calculation. [comment] a mistake additionally can be taken to be deliberate or non deliberate.
obliquity : (n.) early 15c., obliquite, "state of being slanted or twisted; crookedness (of eyes), also figurative, "moral transgression," from Old French obliquité (14c.), from Latin obliquitatem (nominative obliquitas)
"slanting direction, obliquity," noun of quality from obliquus "slanting, sidelong, indirect" (see oblique).
rape : (v.) the word comes from 14c., rapen, "seize prey; abduct, take and carry of by force," also from (Old French rapir) "to seize, abduct." and from the legal Latin term rapere sometimes meaning "sexually violate" in a modern sense but in terms of its older meaning
"seize, carry of by force, abduct." The older senses of the word have largely fallen into disuse; the surviving meaning "to abduct (a woman), ravish;" also "seduce (a man)" now extending after 15c. Interestingly the original Latin word stuprare meaning "to defile, ravish, violate" relating to the word stuprum (n.) "illicit sexual intercourse," literally "disgrace." was the word previously used to describe what we now understand as being rape. The Medieval Latin term raptus past participle of rapere, used as a noun meant "forcible violation."
The Australian Law Reform Commission website gives rape as a penetrative sexual offence that under
common law was defined as carnal knowledge (penetration of female genitalia) of a wo
man against her will. For more information on how rape is legally applied throughout Australia largely from a statutory viewpoint see "'Rape': the penetrative sexual offence" on the ALRC website.
https://alrc.gov.au. If a wo
man makes a
claim concerning a matter of right in relation to [rape]; in the first instance it is a
trespass that can be further sub categorised as "breach of enclosure." In these instances if a crime has thus far not been reported in relation to the
trespass [rape]; the Magistrate having received the claim; is mandated as such to report it.
anathema : originally from Greek anathama meaning "a thing devoted" or "a thing set up (to the gods)" such as an offering; the term subsequently further progressed from a thing devoted to evil; to an accursed or damned thing. It's meaning now draws largely from its own Latin name anathema meaning a
person who has drawn the curse of excommunication from the church. Etymonline gives from the 1610's "act or formula of excommunicating and consigning to damnation by ecclesiastical authority." Wikipedia gives the modern meaning largely the same as its earlier sense in Greek; that is something or someone that is detested or shunned.
barrister : [NSW Bar Assoc website] There are primarily two types of lawyers in New South Wales - barristers and solicitors. Barristers are independent, specialist advocates who are trained to appear in a courtroom, in commissions of inquiry and in alternative forms of dispute resolution. Barristers may also provide objective advice on particular legal problems for clients, solicitors, businesses and governments. Barristers act as mediators and arbitrators as well as conducting other dispute resolution processes. For more information on ADR (alternative dispute resolution) go to the NSW Bar website
https://nswbar.asn.au
repeal : [etymonline] (v.) late 14c., repēlen, "revoke, rescind, annul; withdraw (a privilege, etc.); repudiate (one's behavior)," from Anglo-French repeler (mid-14c.), Old French rapeler "call back, call in, call after, revoke" (Modern French rappeler), from re- "back" (see re-) + apeler "to call" (later appeler; see appeal (v.)). Related: Repealed; repealing; repealable.
(n.) late 15c. (Caxton), "a recall," as from an exile (a sense now obsolete), from repeal (v.), or from Anglo-French repel, Old French rapel (Modern French rappel) "a recall appeal," back-formation from rapeler. The sense of "revocation, abrogation" is from c. 1500.
annul : [etymonline] (v.) late 14c., "invalidate, make void, nullify;" from Anglo-French and Old French anuler "cancel, wipe out" (13c.) or directly from Late Latin annullare
"to make to nothing," from Latin ad "to" (see ad-) + nullum, neuter of nullus "nothing, none," from PIE root *ne- "not." Related: Annulled; annulling.
annulment : (n.) late 15c.,
"act of reducing to nothing;" see annul + -ment. Meaning
"act of declaring invalid" (a statute, marriage, etc.) is recorded from 1660s; earlier in this sense was annulling (late 14c.).
prohibit : [etymonline] (v.) "forbid, interdict by authority," early 15c., prohibiten, from Latin prohibitus, past participle of prohibere
"hold back, restrain, hinder, prevent," from pro "away, forth" (see pro-) + habere "to hold" (from PIE root *ghabh- "to give or receive"). For form, compare inhibit, exhibit. Related: Prohibited; prohibiting.
aberration : [etymonline] (n.) 1590s, "a wandering, act of straying," from Latin aberrationem (nominative aberratio)
"a wandering," noun of action from past-participle stem of aberrare
"to wander out of the way, lose the way, go astray," literally and figuratively, from ab "off, away from" (see ab-) + errare "to wander, stray, roam, rove" (see err). Meaning "deviation from the normal type" is attested by 1735. [comment] something that has wandered away from, deviated, or gone astray from its correct path e.g. The young man's actions were an aberration set against the general tenor of his life thus far.
error : [etymonline] (n.) also, through 18c., errour; c. 1300, "a deviation from truth made through ignorance or inadvertence, a mistake," also "offense against morality or justice; transgression, wrong-doing, sin;" from Old French error "mistake, flaw, defect, heresy," from Latin errorem (nominative error)
"a wandering, straying, a going astray; meandering; doubt, uncertainty;" also
"a figurative going astray, mistake," from errare
"to wander; to err" (see err). From early 14c. as "state of believing or practicing what is false or heretical; false opinion or belief, heresy." From late 14c. as "deviation from what is normal; abnormality, aberration." From 1726 as "difference between observed value and true value."
Words for "error" in most Indo-European languages originally meant "wander, go astray" (for example Greek plane in the New Testament, Old Norse villa, Lithuanian klaida, Sanskrit bhrama-), but Irish has dearmad "error," from dermat "a forgetting."
err : [etymonline] (v.) c. 1300, from Old French errer "go astray, lose one's way; make a mistake; transgress," from Latin errare
"wander, go astray," figuratively
"be in error," from PIE root *ers- (1) "be in motion, wander around" (source also of Sanskrit arsati "flows;" Old English ierre "angry; straying;" Old Frisian ire "angry;" Old High Ger
man irri "angry," irron "astray;" Gothic airziþa "error; deception;" the Germanic words reflecting the notion of anger as a "straying" from normal composure). Related: Erred; erring.
spurious : [google] false, fake; not what it purports to be. Or a line of reasoning that appears to be valid but is actually not. [etymonline] gives the adjective as from the 1590s, "born out of wedlock," from Latin spurius
"illegitimate, false" (source also of Italian spurio, Spanish espurio), from spurius (n.) "illegitimate child," probably from Etruscan spural "public." Sense of "having an irregular origin, not properly constituted" is from c. 1600; that of "false, sham" is from 1610s; of writing, etc., "not proceeding from the source pretended, 1620s. Related: Spuriously; spuriousness.
cognizance : [etymonline] (n.) mid-14c., conisance, the alternative spelling "cognisance," being a "device or mark by which something or someone is known," from Anglo-French conysance "recognition," later, "knowledge," from Old French conoissance "acquaintance, recognition; knowledge, wisdom" (Modern French connaissance), from past participle of conoistre "to know," from Latin cognoscere
"to get to know, recognize," from assimilated form of com "together" (see co-) + gnoscere "to know," from PIE root *gno- "to know."
Meaning "knowledge by observation or notice, understanding, information" is from c. 1400. In law, "the exercise of jurisdiction, the right to try a case" (mid-15c.). Meaning "acknowledgment, admission" is from 1560s. The -g- was restored in English spelling 15c. and has gradually affected the pronunciation, which was always "con-." The old pronunciation lingered longest in legal use.
dissolution : [etymonline] (n.) mid-14c., "frivolity, moral laxness, dissolute living;" late 14c., dissolucioun, "separation into parts, dispersal;" from Old French dissolution (12c.) and directly from Latin dissolutionem (nominative dissolutio)
"a dissolving, destroying, interruption, dissolution," noun of action from past-participle stem of dissolvere
"to loosen up, break apart" (see dissolve).
Sense of "act of dissolving, a changing from a solid to a liquid state" is from 1590s. From 1530s as "the breaking up of an assembly or other association." From 1520s as "death," perhaps from the notion of "separation of soul and body."
anglice : [etymonline] (adv.) "in (plain) English," c. 1600, from Medieval Latin Anglice, from Anglicus (see Angle).
avail : [etymonline] (v.) c. 1300, availen,
"to help (someone), assist; benefit, be profitable to; be for the advantage of; have force or efficacy, serve for a purpose," apparently an Anglo-French compound of Old French a- "to" (see ad-) + vaill-, present stem of valoir "be worth," from Latin valere "be strong, be worth" (from PIE root *wal- "to be strong"). Related: Availed; availing. As a noun, from c. 1400.
derelict : [etymonline] (adj.) 1640s, "left, abandoned by the owner or guardian," from Latin derelictus
"solitary, deserted," past participle of dereliquere "to abandon, forsake, desert," from de- "entirely" (see de-) + relinquere
"leave behind, forsake, abandon, give up," from re- "back" (see re-) + linquere "to leave," from PIE root *leikw- "to leave."
Originally especially of vessels abandoned at sea or stranded on shore. Of persona,
"unfaithful, neglectful of responsibility," by 1864. As a noun, "
property which is abandoned," from 1660s. As "
person abandoned or forsaken," 1728.
dereliction : [etymonline] (n.) 1590s, "abandonment, state of being forsaken or abandoned" (formerly with a wider range than in modern use, such as of the sea withdrawing from the land), from Latin derelictionem (nominative derelictio)
"an abandoning; a disregarding, neglecting," noun of action from past-participle stem of derelinquere (see derelict).
Sense of "act of leaving with an intention not to re
claim or reuse" is from 1610s. Meaning "failure, unfaithfulness, neglect" (with regard to duty, etc.) is by 1778. Phrase dereliction of duty attested from 1776.
facetious : [etymonline] (adj.) 1590s, from French facétieux (16c.), from facétie "a joke" (15c.), from Latin facetiae
"jests, witticisms" (singular facetia), from facetus
"witty, elegant, fine, courteous," which is of unknown origin, perhaps related to facis "torch."
Formerly often in a good sense, "witty, amusing," but later implying a desire to be amusing that is often intrusive or ill-timed. Related: Facetiously; facetiousness. [Fowler] "Facetiæ in booksellers' catalogues, is, like curious, a euphemism for erotica." [Google] treating serious issues with deliberately inappropriate humour; flippant.
licit : [etymonline] (adj.) "lawful, allowable," late 15c., from Latin licitus
"lawful, permitted, allowed," past participle of licere "be allowed, be lawful" (see
licence (n.)). Related: Licitly; licitness. In early 19c. Eng
land it was condemned unjustly as an Americanism.
illicit : [etymonline] (adj.) c. 1500, from Old French illicite "unlawful, forbidden" (14c.), from Latin illicitus
"not allowed, unlawful, illegal," from assimilated form of in- "not, opposite of" (see in- (1)) + licitus
"lawful," past participle of licere "to be allowed" (see
licence (n.)). Related: Illicitly.
leave of court : Is to ask for a court's permission.
effect : (n.) [grammar-monster] simply an outcome, consequence, or appearance. [etymonline] The word from Old French
efet meaning "execution or completion (of an act)," is also given from Latin effectus
"accomplishment, performance," from past participle stem of efficere "work out, accomplish." Etymonline further describes the word from late 14c. as
"power or capacity to produce an intended result; efficacy, effectiveness," and in astrology, "operation or action (of a heavenly body) on hu
man affairs; influence." Also "that which follows from something else; a consequence, a result." From early 15c. as "intended result, purpose, object, intent." Also formerly with a sense of "reality, fact," hence in effect (late 14c.), originally "in fact, actually, really." Meaning "impression produced on the beholder" is from 1736. Sense in stage effect, sound effect, etc. first recorded 1881. The verb is described as
"to produce as a result; to bring to a desired end," 1580s, from Latin effectus, past participle of efficere "work out, accomplish."
affect : (v.) [grammar-monster] meaning to transform or to change. e.g. Even if one tree falls down it would not affect (change or transform) the entire forest. Etymonline gives late 14c., "mental state," from Latin affectus
"disposition, mood, state of mind or body produced by some external influence." [comment] taken to mean something that changes or transforms the mood, disposition or state of mind.
appropriate : [etymonline] (v.) early 15c., "take possession of, take exclusively," from Late Latin appropriatus, past participle of appropriare, adpropriare
"to make one's own," from Latin ad "to" (see ad-) + propriare
"take as one's own," from proprius
"one's own" (see proper). Related: Appropriated; appropriating. (adj.)
"specially suitable, proper," early 15c., from Latin appropriatus, past participle of appropriare "make one's own" (see appropriate (v.)). Related: Appropriately; appropriateness.
annul : [etymonline] (v.) late 14c.,
"invalidate, make void, nullify;" from Anglo-French and Old French anuler "cancel, wipe out" (13c.) or directly from Late Latin annullare
"to make to nothing," from Latin ad "to" (see ad-) + nullum, neuter of nullus "nothing, none," from PIE root *ne- "not." Related: Annulled; annulling.
annulment : [etymonline] (n.) late 15c., "act of reducing to nothing;" see annul + -ment. Meaning "act of declaring invalid" (a statute, marriage, etc.) is recorded from 1660s; earlier in this sense was annulling (late 14c.).
commitment : [etymonline] 1610s, "action of officially consigning to the custody of the state," from commit + -ment. (Anglo-French had commettement.) Meaning "the pledging or engaging of oneself, a pledge, a promise" is attested from 1793; hence, "an obligation, an engagement" (1864).
commit : [etymonline] (v.) late 14c., "to give in charge, entrust," from Latin committere
"to unite, connect, combine; to bring together," from com "with, together" (see com-) + mittere "to release, let go; send, throw" (see mission).
The evolution of the modern range of meanings in English is not entirely clear. Sense of "to perpetrate (a crime), do, perform (especially something reprehensible)" was ancient in Latin; in English it is attested from mid-15c. Meaning "consign (someone) to custody (of prison, a mental institution, etc.) by official warrant" is from early 15c.
From 1530s as "trust (oneself) completely to;" from 1770 as "put or bring into danger by an irrevocable preliminary act." The intransitive use (in place of commit oneself) first recorded 1982, probably influenced by existentialism use (1948) of commitment to translate Sartre's engagement "emotional and moral engagement."
obligation : [etymonline] (n.) c. 1300, obligacioun, "a binding pledge, commitment to fulfill a promise or meet conditions of a bargain," from Old French obligacion "obligation, duty, responsibility" (early 13c.) and directly from Latin obligationem (nominative obligatio)
"an engaging or pledging," literally "a binding" (but rarely used in this sense), noun of action from past-participle stem of obligare "to bind, bind up, bandage," figuratively "put under obligation" (see oblige). The notion is of binding with promises or by law or duty.
The meaning "that which one is bound or obliged to do, especially by moral or legal claims a duty" is from c. 1600. That of "state or fact of being bound or constrained by gratitude to requite benefits, moral indebtedness," also is from c. 1600. Related: Obligational. [comment] A
man free from duress and unless bound by agreement cannot be compelled to do anything without being due just compensation.
propensity evidence : along with character or dispositional evidence; propensity evidence is meant to indicate an established pattern of behaviour, or state of mind. Similar fact evidence; that is an established pattern of conduct in relation to the facts surrounding a similar but different crime by the same
person is often used in prosecution cases brought by the state. However, unless factual evidence can be adduced supported with eyewitness testimony this type of evidence cannot prove a crime has been committed.
victim : [etymonline] (n.) late 15c., "living creature killed and offered as a sacrifice to a deity or supernatural power, or in the performance of a religious rite;" from Latin victima
"sacrificial animal; person or animal killed as a sacrifice," a word of uncertain origin. Perhaps related to vicis "turn, occasion" (as in vicarious), if the notion is an "exchange" with the gods. Perhaps distantly connected to Old English wig "idol," Gothic weihs "holy," Ger
man weihen "consecrate" (compare Weihnachten "Christmas") on notion of "a consecrated animal."
Sense of "
person who is hurt, tortured, or killed by another" is recorded from 1650s; meaning "
person oppressed by some power or situation,
person ruined or greatly injured or made to
suffer in the pursuit of an object, or for the gratification of a passion or infatuation, or from disease or disaster" is from 1718. Weaker sense of "
person taken advantage of, one who is cheated or duped" is recorded from 1781.
arbitrary : [etymonline] (adj.) c. 1400, "deciding by one's own discretion, depending on one's judgment," from Latin arbitrarius
"of arbitration," hence
"depending on the will, uncertain," from arbiter (see arbiter). The meaning in English gradually descended to "capricious, ungoverned by reason or rule, despotic" (1640s). Related: Arbitrarily; arbitrariness.
informant : (n.) 1690s, "someone who supplies information," from Latin informantem (nominative informans), present participle of informare "train, instruct, educate" (see inform). Occasionally as "one who gives information to the authorities, one who dishonorably betrays knowledge gained in confidence" (1783). Informer is older in both senses and more usual in the latter. As an adjective from 1890. Additionally [INFOR
MANT. A
person who informs or prefers an accusation against another. - Black's
Law Dictionary, 2nd Ed.]
inform : (v.) early 14c., "to train or instruct in some specific subject," from Old French informer, enformer "instruct, teach" (13c.) and directly from Latin informare
"to shape, give form to, delineate," figuratively
"train, instruct, educate," from in- "into" (from PIE root *en "in") + formare "to form, shape," from forma "form" (see form (n.)). In early use also enform until c. 1600. Sense of "report facts or news, communicate information to" first recorded late 14c. Related: Informed; informing.
endorse : (v.) c. 1400, endosse
"confirm or approve" (a charter, bill, etc.),
originally by signing or writing on the back of the document, from Old French endosser (12c.), literally "to put on the back," from en- "put on" (see en- (1)) + dos "back," from Latin dossum, variant of dorsum
"back" (see dorsal). Assimilated 16c. in form to Medieval Latin indorsare. Figurative sense of
"confirm, approve" is recorded in English first in 1847. Related: Endorsed; endorsing.
solecism : (n.) "gross grammatical error" (as I done it for I did it); loosely "a small blunder in speech; any absurdity or incongruity, a violation of the conventional rules of society," 1570s, from French solécisme (16c.), from Latin soloecismus
"mistake in speaking or writing," from Greek soloikismos "a speaking (Greek) incorrectly," from soloikos "speaking incorrectly, using provincialisms," also "awkward or rude in manners," said to have meant originally "speaking like the people of Soloi," a Greek colony in Cilicia (modern Mezitli in Turkey), whose dialect the Athenians considered barbarous. Related: Solecize; solecist; solecistic; solecistical.
expropriate : is understood both in the sense of giving up a claim, right of ownership, or the renunciation of worldly goods, and
land that under a doctrine such as eminent domain is taken (expropriated) for public use. It is taken from ex "away from" (see ex-) + propriare "take as one's own," from proprius "one's own" (see proper). [comment] from the word forming elements it means "to take away from as one's own."
oppo : is an abbreviation for opposition research. In politics, publicly available information will be gathered to be used against an opponent in a political campaign. That is public, professional, business, political, legal, and financial records. Campaign finance data, courthouse records, House/Senate Journals, and Freedom of information requests. Companies like grindstoneresearch.com will specialise and offer such investigative services to a client.
auspicious : [etymonline] (adj.) 1590s, "of good omen" (implied in auspiciously), from Latin auspicium
"divination by observing the flight of birds," from
auspex (genitive auspicis) + -ous. Related: Auspiciousness. Also from Latin auspex "one who observes the flight of birds for the purpose of taking omens," 1590s, from Latin auspex "interpreter of omens given by birds." Modern use generally drops any reference to divination e.g. [The American Heritage Dictionary] gives for the
adjective Presenting favourable circumstances or showing signs of a favourable outcome; propitious. [Google] gives for the adjective; conducive to success, favourable i.e. "it was not the most auspicious moment to hold an election."
propitious : [etymonline] (adj.) mid-15c.,
propicious, "inclined to grant favour, disposed to pardon or forgive," from Anglo-French propicius, Old French propicius "gracious, favorable, useful" (12c., Modern French propice) and directly from Latin propitius
"favorable, kind, gracious, well-disposed" (see propitiation). The earlier English form was propice, from Old French propice. The meaning "boding well" is from 1580s; that of "affording favourable conditions or circumstances" is by c. 1600. Related: Propitiously; propitiousness.
assimilate : [etymonline] (v.) early 15c., in physiology, "absorb into and make part of the body," from Latin assimilatus, past participle of assimilare, assimulare
"to make like, copy, imitate, assume the form of; feign, pretend," from assimilated form of ad "to" (see ad-) + simulare "make similar," from similis "like, resembling, of the same kind" (see similar).
Meaning "make alike, cause to resemble," and intransitive sense "become incorporated into" are from 1620s. In linguistics, "bring into accordance or agreement in speech," from 1854. Related: Assimilated; assimilating.
interdict : [etymonline] (v.) c. 1300, enterditen, "to place under ban of the Church, excommunicate," from Old French entredit (Modern French interdit), past participle of entredire "forbid by decree, excommunicate," from Latin interdicere
"interpose by speech, prohibit, forbid," from inter "between" (see inter-) + dicere "to speak, to say" (from PIE root *deik- "to show," also "pronounce solemnly"). General sense "forbid, prohibit" in English is from early 15c. Related: Interdicted; interdicting; interdictory.
trust : [etymonline] (n.) c. 1200, "reliance on the veracity, integrity, or other virtues of someone or something; religious faith," from Old Norse traust "help, confidence, protection, support," from Proto-Germanic abstract noun *traustam (source also of Old Frisian trast, Dutch troost "comfort, consolation," Old High Ger
man trost "trust, fidelity," Ger
man Trost "comfort, consolation," Gothic trausti "agreement, alliance"), from Proto-Germanic *treuwaz, source of Old English treowian "to believe, trust," and treowe "faithful, trusty," from PIE root *deru- "be firm, solid, steadfast."
from c. 1300 as "reliability, trustworthiness; trustiness, fidelity, faithfulness;" from late 14c. as "confident expectation" and "that on which one relies." From early 15c. in legal sense of "confidence placed in a one who holds or enjoys the use of
property entrusted to him by its legal owner;" mid-15c. as "condition of being legally entrusted." Meaning "businesses organized to reduce competition" is recorded from 1877. Trust-buster is recorded from 1903.
insist : [etymonline] (v.) 1580s, from French insister (14c.) or directly from Latin insistere
"take a stand, stand on, stand still; follow, pursue; insist, press vigorously, urge, dwell upon," from in- "upon" (from PIE root *en "in") + sistere "take a stand," from PIE *si-st-, reduplicated form of root *sta- "to stand, make or be firm." Perhaps in some cases a back-formation from insistence. Related: Insisted; insisting.
agoraphobia : [etymonline] (n.)
"fear of crossing open spaces," 1873, from Ger
man Agorophobie, coined 1871 by Berlin psychiatrist Carl Westphal from Greek agora "place of assembly, city market" (but here with the general sense "open space;" see agora) + -phobia "fear." Related: Agoraphobe; agoraphobic.
recidivism : (n.)
"habit of relapsing" (into crime), 1882, from recidivist + -ism, modeled on French récidivisme, from récidiver. Recidivation as
"a falling back, backsliding" in the spiritual sense is attested early 15c. (recidivacion), but OED has no examples after c. 1700. Recidivous "liable to backslide to a former condition or state" is a dictionary word from 1650s.
qualifying circumstances : similar to aggravated circumstances in Philippines Law, however in labour law relates to the termination or ceasing of a period of employment for any licit reason not relating to the employee's performance or conduct i.e. retirement, death, resignation etc...
congruent : [etymonline] (adj.) early 15c., "suitable, proper, harmoniously joined or related," from Latin congruentem (nominative congruens)
"agreeing, fit, suitable," present participle of congruere "agree, correspond with," literally "to come together," from assimilated form of com "with, together" (see con-) + a lost verb *gruere, *ruere "fall, rush," which de Vaan traces to a PIE *ghr(e)uho- "to rush in."
Geometry sense, "capable of being superposed," is attested by 1706. Related: Congruently.
administrate : [etymonline] (v.) "manage or direct affairs," 1630s, from Latin administratus, past participle of administrare
"manage, control, superintend" (see administer) or else a back-formation from administrator, administration. Related: Administrated; administrating.
administer [etymonline] (v.) late 14c., aministren, later administren, "to manage as a steward, control or regulate on behalf of others," from Old French aministrer "help, aid, be of service to" (12c., Modern French administrer), and directly from Latin administrare
"to help, assist; manage, control, guide, superintend; rule, direct," from ad "to" (see ad-) + ministrare "to serve, attend, wait upon," from minister "inferior, servant, priest's assistant" (see minister (n.)).
The -d- was restored 14c.-16c. in French and after 15c. in English. In reference to punishment, justice, etc., "to dispense, bring into operation" (especially as an officer), from mid-15c. In reference to medicines, medical treatment, etc., "to give," from 1540s. Related: Administered; administering.
respondent : [etymonline] (n.) "one who answers" in a lawsuit, disputation, survey, etc., 1520s, from Latin respondentem (nominative respondens), present participle of respondere
"respond, answer to, promise in return," from re- "back" (see re-) + spondere "to pledge" (see sponsor (n.)). Related: Respondence "correspondence, act of responding."
posse comitatus : [wikipedia] (from the Latin for
"power of the county"), frequently shortened to posse, is in
common law a group of people mobilized by the conservator of peace – typically a sheriff – to suppress lawlessness or defend the county. The posse comitatus originated in ninth-century Eng
land simultaneous with the creation of the office of sheriff. Though generally obsolete throughout the world, it remains theoretically, and sometimes practically, part of the United States legal system administered under the Posse Comitatus Act of 1878. Part of the act however prohibits the use of the U.S. Military to engage the civilian population for any reason.
procedural posture : in a legal context refers to a summary given to a Judge that describes in a neutral manner the procedural steps leading to a case arriving at court. A procedural posture can be used both in a trial or an appellate court.
cease and desist : a legal doublet consisting of the word
cease c. 1300, cesen, "to stop moving, acting, or speaking; come to an end" also from Latin cessare "to cease, go slow, give over, leave off, be idle," +
desist (v.) from Latin desistere "to stand aside, leave off, cease," from Latin sistere "stop, come to a stand." A letter of cease and desist is to inform someone that by their continued actions or inactions they will cause harm, injury or loss and that they
must stop or meet certain specified conditions. Because its use is generally in a legal context with regard to some type of action or illegal activity its use with respect to
common law has to be made with distinction or in comparison only i.e. [
cf. cease and desist].
ponencia : Is a Spanish term in reference to a report, presentation, an address or a speech used sporadically in Philippines law.
odious : (adj.) late 14c., "hateful, deserving of hatred; hated, regarded with aversion or repugnance," from Anglo-French odious, from Old French odieus (late 14c., Modern French odieux) or directly from Latin odiosus
"hateful, offensive, unpleasant," from odium "hatred" (see odium). Related: Odiously; odiousness.
invoice : (n.) "written account of the particulars and prices of merchandise shipped or sent," 1550s, apparently from a re-Latinized form of French envois, plural of envoi "dispatch (of goods)," literally "a sending," from envoyer "to send," from Vulgar Latin *inviare "send on one's way," from Latin in "on" (from PIE root *en "in") + via "road" (see via (adv.)). As a verb, 1690s, from the noun.
pro forma : [etymonline] also proforma, Latin, literally
"for form's sake, by way of formality;" from pro (prep.) "on behalf of" (see pro-) + formā, ablative of forma (see form (n.)). A pro forma invoice is one sent to the purchaser in advance of the ordered goods. [The American Heritage Dictionary] (adj.) Done as a formality, perfunctory. Provided in advance so as to describe form or describe items.
perfunctory : done routinely with indifference for duty sake; not going beyond the fulfilment of an obligation, showing little attention, interest or care.
receipt : [etymonline] late 14c., receit, "act of receiving;" also "statement of ingredients in, and formula for making a potion or medicine" (compare recipe); from Anglo-French or Old North French receite "receipt, recipe, prescription" (c. 1300), altered (by influence of receit "he receives," from Vulgar Latin *recipit) from Old French recete. This is from Medieval Latin Latin recepta
"thing or money received," in classical Latin
"received," fem. past participle of recipere "to hold, contain" (see receive).
The classical -p- began to be restored in the English word after c. 1500, but the pronunciation did not follow. Conceit, deceit, and receipt all are from Latin capere; the -p- sometimes was restored in all three of them, but it has stuck only in the last. The meaning "written acknowledgment for having received something specified" is from c. 1600.
carnage : [etymonline] (n.) "great destruction by bloody violence, massacre," c. 1600, from French carnage (16c.), from Old Italian carnaggio "slaughter, murder," from Medieval Latin carnaticum "flesh," from Latin carnaticum
"slaughter of animals," from carnem (nominative caro) "flesh," originally "a piece of flesh" (from PIE root *sker- (1) "to cut"). In English it has been always used more often with regard to the slaughter of men than of beasts. Southey (1795) tried to make a verb of it.
slaughter : The wanton ruthless killing of a large number of people in a massacre, or the killing of an animal with a view to it's dissection and generally it's subsequent consumption. [etymonline (sic)] The form was perhaps influenced by Middle English slaught "killing, manslaughter, carnage; butchery of animals," the native cognate, from Old English sliht, sleht, slieht "stroke, slaughter, murder, death; animals for slaughter;" as in sliehtswyn "pig for killing."
materiality : Refers to the significance of facts and evidence as it relates to a matter. A witness will generally give testimony under the penalty of perjury about the facts and evidence surrounding a case that is essential to proving or disproving a matter: making such testimony material to the outcome of the case. Eye witness testimony is generally considered as material evidence.
filial : [etymonline] (adj.) late 14c., from Late Latin filialis
"of a son or daughter," from Latin filius "son," filia "daughter," possibly from a suffixed form of PIE root *bheue- "to be, exist, grow" (see be), but Watkins finds it "more likely" assimilated from *felios, originally "a suckling," a suffixed form of PIE root *dhe(i)- "to suck, suckle."
filial relationship : Describes the relationship along with the associated feelings, duties, and obligations that exist between a
child and his parents, or similar relationship where there is an implied fiduciary duty on one party, like a parent, and a reciprocated dutiful respect from the other, as if they were a son or daughter.
alien : [etymonline] (adj.) c. 1300, "strange, foreign," from Old French a
lien "strange, foreign;" as a noun, "an alien, stranger, foreigner," from Latin alienus
"of or belonging to another, not one's own, foreign, strange," also, as a noun,
"a stranger, foreigner," adjective from alius (adv.) "another, other, different," from PIE root *al- (1) "beyond."
Meaning "residing in a country not of one's birth" is from mid-15c. Sense of "wholly different in nature" is from 1670s. Meaning "not of this Earth" first recorded 1920. An a
lien priory (mid 15c.) is one owing obedience to a religious jurisdiction in a foreign country.
(n.) "foreigner, citizen of a foreign land," early 14c., from a
lien (adj.) or from noun use of the adjective in French and Latin. In the science fiction sense "being from another planet," from 1953.
derogability : Under hu
man rights law it is the extent to which hu
man rights can be infringed under certain circumstances. Non-derogable
rights are those which under no circumstances can the infringement of these
rights can be entertained i.e. generally the right to life, the freedom from torture, and the freedom from inhuman, or degrading treatment.
horrific : [etymonline] (adj.) "causing horror," 1650s, from French horrifique or directly from Latin horrificus "dreadful, exciting terror," literally
"making the hair stand on end," from horrere
"be terrified, bristle, to stand on end" (see horror) + -ficus "making, doing," from combining form of facere "to make, to do" (from PIE root *dhe- "to set, put"). An older adjective was horriferous (1620s). Related: Horrifically.
abhor : [etymonline] (v.) c. 1400, "to loathe, regard with repugnance, dislike intensely," literally "to shrink back with horror or dread," from Latin abhorrere
"shrink back from, have an aversion for, shudder at," from ab "off, away from" (see ab-) + horrere "tremble at, shudder," literally "to bristle, be shaggy," from PIE *ghers- "start out, stand out, rise to a point, bristle" (see horror).
Formerly also "fill (someone) with horror or loathing" (16c.). In Latin it was less intense:
"be remote from, vary from, differ from, be out of harmony with." Related: Abhorred; abhorring.
abhorrent : [etymonline] (adj.) 1610s, "recoiling (from), strongly opposed to," from Latin abhorentem (nominative abhorrens)
"incongruous, inappropriate," present participle of abhorrere "shrink back from, be remote from, be out of harmony with" (see abhor). Meaning "repugnant, loathesome" is from 1650s. Earlier was abhorrable (late 15c.).
incongruous : [etymonline] (adj.) 1610s, from Latin
incongruus "incongruous, inconsistent," from in-
"not, opposite of, without" (see in- (1)) + congruus "fit, suitable" (see congruent). Related: Incongruously; incongruousness. [comment] From the syllables given in Latin It can be taken to mean that which is
inconsistent, unfit or unsuitable.
prolific : [etymonline] (adj.) 1640s,
"producing young or fruit;" 1650s, "producing offspring or fruit in abundance;" from French prolifique (16c.), from Medieval Latin prolificus, from Latin proles
"offspring" + combining form of facere
"to make, to do" (from PIE root *dhe- "to set, put"). Latin proles is contracted from *pro-oles, from PIE *pro-al-, from *pro- "forth" (see pro-) + root *al- (2) "to grow, nourish." Related: Prolifical (c. 1600).
indicate : [etymonline] 1650s, "to point out," back-formation from indication (q.v.) or else from Latin indicatus, past participle of indicare
"to point out, show," from in- "into, in, on, upon" (from PIE root *en "in") + dicare "proclaim" (from PIE root *deik- "to show," also "pronounce solemnly," and see diction). Especially "to give suggestion of, be reason for inferring" (1706). Related: Indicated; indicating.
precedent : [etymonline] (n.) early 15c., "previous instance or circumstance which may be taken as a rule in subsequent similar cases; a custom, habit, or rule established," from the adjective precedent "preceding in time, previous, former" (c. 1400), from Old French precedent (also used as a noun) and directly from Latin praecedentum (nominative praecedens), present participle of praecedere
"go before" (see precede).
Meaning "thing or
person that goes before another" is attested from mid-15c. Specifically with respect to English
Common Law,
"a judicial decision which serves as a rule for future determinations in similar or analogous cases," by 1680s. As a verb meaning "to furnish with a precedent" from 1610s, now only in past participle precedented.
Cases of precedent used by Barristers and Lawyers in legal proceedings is copyrighted material, and with regard to
common law should be cited in comparison only.
naive : [etymonline] (adj.) 1650s, "natural, simple, unsophisticated, artless," from French naïve, fem. of naïf, from Old French naif "naive, natural, genuine; just born; foolish, innocent; unspoiled, unworked" (13c.), from Latin nativus
"not artificial," also "native, rustic," literally "born, innate, natural" (see native (adj.)). In philosophy, "unreflecting, uncritical" (1895), used of non-philosophers. Related: Naively. [comment] something simply in its most elemental, or natural state such as a newly born
child or something in nature without the rudiments of thought.
remand : [etymonline] (v.) mid-15c., remaunden, "to send (something) back," from Anglo-French remaunder, Old French remander "send for again" (12c.) or directly from Late Latin remandare
"to send back word, repeat a command," from Latin re- "back" (see re-) + mandare "to consign, order, commit to one's charge" (see mandate (n.)).
The meaning "command or
order to go back to a place" is by 1580s. Specifically in law, "send back (a prisoner) on refusing his application for discharge," by 1640s. Related: Remanded; remanding; remandment. In New South Wales it is the legal status of persons received into or held in custody. Literally meaning "taken back into custody" precipitated by the refusal to grant bail by either the police or the courts. The legal status of being on remand is distinct from that of a
person who has received a custodial sentence.
perceive : [etymonline] (v.) c. 1300, perceiven, "become aware of, gain knowledge of," especially "to come to know by direct experience," via Anglo-French parceif, Old North French *perceivre (Old French perçoivre) "perceive, notice, see; recognize, understand," from Latin percipere
"obtain, gather, seize entirely, take possession of," also, figuratively,
"to grasp with the mind, learn, comprehend," literally
"to take entirely," from per "thoroughly" (see per) + capere "to grasp, take," from PIE root *kap- "to grasp."
Replaced Old English ongietan. Both the Latin senses were in Old French, though English uses the word almost always in the metaphorical sense. Related: Perceived; perceiving.
aberrant : [etymonline] (adj.)
"wandering from the usual course," 1798, originally in natural history,
"differing somewhat from a group in which it is placed," from Latin aberrantem (nominative aberrans), present participle of aberrare
"to wander away, go astray," literally and figuratively, from ab "off, away from" (see ab-) + errare "to wander, stray, roam, rove" (see err). Related: Aberrance; aberrancy (1660s). The verb aberrate is rare.
err : [etymonline] (v.) c. 1300, from Old French errer "go astray, lose one's way; make a mistake; transgress," from Latin errare
"wander, go astray," figuratively
"be in error," from PIE root *ers- (1) "be in motion, wander around" (source also of Sanskrit arsati "flows;" Old English ierre "angry; straying;" Old Frisian ire "angry;" Old High Ger
man irri "angry," irron "astray;" Gothic airziþa "error; deception;" the Germanic words reflecting the notion of anger as a "straying" from normal composure). Related: Erred; erring.
injury : [etymonline] (n.) late 14c., "harm, damage, loss; a specific injury," from Anglo-French injurie "wrongful action" (Old French injure, 13c.), from Latin iniuria
"wrong, an injustice, insult, unlawful violence, assault, damage, harm," noun use of fem. of iniurius "wrongful, unjust, unlawful," from in- "not, opposite of" (see in- (1)) + ius (genitive iuris) "right, law" (see jurist).
injure : [etymonline] (v.) mid-15c., "do an injustice to, dishonor," probably a back-formation from injury, or else from Old French injuriier "to damage; offend," from Latin iniuriari
"do an injury, (see injury)" from iniuria. Injury itself also served as a verb meaning "to injure, hurt, harm" (late 15c.). Related: Injured; injuring. [comment] Most understand the verb as the action of harming a man, wo
man or animals. However, from Latin iniuria there is no distinction as to the nature of an object having incurred an injury; only that there is a instance of a wrong, an injustice, un
lawful violence, assault, damage or harm. For the purposes of
common law an injury is not confined to an instance of
harm to the body of a man, but extends to that which he claims as his
property e.g. wilful damage to a motor car, or un
lawful violence against his person.
perjury : [gotcourt.com.au] Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of 10 years imprisonment. If the false statement is made in
order to bring about a conviction or an acquittal, the maximum penalty is 14 years. The related charge of perverting the course of justice is governed by Section 319 and also carries a maximum penalty of 14 years.
[etymonline] (n.) late 14c., perjurie, in law,
"the act of swearing to a statement known to be false, willful utterance of false testimony under oath," via Anglo-French perjurie (late 13c.) and Old French parjure "perjury, false witness," both from Latin periurium
"a false oath," from periurare
"swear falsely," from per "away, entirely" (see per) + iurare "to swear" (see jury (n.)). Related: Perjurious.
jury : [etymonline] (n.) "set number of people or persons, selected according to law who are sworn to hear and determine the truth and in some cases the law according to the facts and evidence, relating to a charge, claim, or indictment submitted to them, and subsequently to render a verdict." Early 14c. (late 12c. in Anglo-Latin), from Anglo-French and Old French juree (13c.), from Medieval Latin
iurata "an oath, a judicial inquest, sworn body of men," noun use of fem. past participle of Latin
iurare "to swear," from ius (genitive
iuris) "law, an oath" (see jurist).
Meaning "body of persons chosen to award prizes at an exhibition" is from 1851.
Grand jury attested from early 15c. in Anglo-French (
le graund Jurre), literally "large," so called with reference to the number of its members (usually 12 to 23).
Jury-box is from 1729;
juryman from 1570s. Figurative phrase
jury is still out "no decision has been made" is by 1903.
preponderance : [etymonline] (n.) 1680s, "greater heaviness, fact of exceeding in weight," from Latin praeponderans, present participle of praeponderare
"make heavier" (see preponderate). Sense of "greater importance" is from 1780; that of "greater number" is from 1845. Related: Preponderancy.
hegemony : [etymonline] (n.) 1560s, "preponderance, dominance, leadership," originally of predominance of one city state or another in Greek history; from Greek hēgemonia
"leadership, a leading the way, a going first;" also
"the authority or sovereignty of one city-state over a number of others," as Athens in Attica, Thebes in Boeotia; from hēgemon "leader, an authority, commander, sovereign," from hēgeisthai "to lead," perhaps originally "to track down," from PIE *sag-eyo-, from root *sag- "to seek out, track down, trace" (see seek). In reference to modern situations from 1850, at first of Prussia in relation to other Ger
man states. Additionally Wikipedia gives: In the 19th century, hegemony denoted the "social or cultural predominance or ascendancy; predominance by one group within a society or milieu" and "a group or regime which exerts undue influence within a society."
autocratic : [etymonline] (adj.)
"holding unlimited and independent powers of government," 1815 (in reference to Napoleon), from French autocratique, from autocrate, from Latinized form of Greek autokrates (see autocrat). Earlier autocratoric (1670s) was directly from Greek autokratorikos "of or for an autocrat, despotically." Autocratical is attested from 1767 (in reference to Elizabeth I).
autocrat : [etymonline] (n.) 1800, used in reference to the Russian tsars, then to Napoleon, from French autocrate, from Latinized form of Greek autokrates
"ruling by oneself, absolute, autocratic," from autos
"self" (see auto-) + kratia
"rule," from kratos
"strength, power" (see -cracy). The Greek noun was autokrator, and an earlier form in English was autocrator (1759). Earliest forms in English were the fem. autocratress (1762), autocratrix (1762), autocratrice (1767, from French).
tension : (n.) 1530s, "a stretched condition," from French tension (16c.) or directly from Latin tensionem (nominative tensio)
"a stretching" (in Medieval Latin
"a struggle, contest"), noun of state from tensus, past participle of tendere
"to stretch," from PIE root *ten- "to stretch." The sense of "nervous strain" is first recorded 1763. The meaning "stress along lines of electromotive force" (as in high-tension wires) is recorded from 1785.
due dilligence : from due; Latin
debere "to owe, or something owed e.g. a duty of care," + dilligence from Latin
diligentia "attentiveness, carefulness." Also from
diligentem (nominative
diligens) "attentive, assiduous, careful." [comment]
It is the constant careful attention one gives to the duty of care, or obligation by which he is bound.
[investopedia] Due diligence is an investigation, audit, or review performed to confirm facts or details of a matter under consideration. In the financial world, due diligence requires an examination of financial records before entering into a proposed transaction with another party.
precipitous : [etymonline] (adj.) 1640s, "rash, done with excessive or undue haste" (a sense now obsolete), also "rushing headlong, violently hurried," from obsolete French precipiteux (16c.), from Vulgar Latin *praecipitosus, from praecipitare
"to throw or dive headlong; be hasty" (see precipitation). Meaning "high and steep" is from 1806. Related: Precipitously; precipitousness.
mea culpa : a Latin phrase meaning
"my fault," or
"my mistake" being an acknowledgement of having done wrong, or having made a mistake that could have been avoided.
gender : [etymonline] (n.) Origin and meaning of gender c. 1300, "kind, sort, class, a class or kind of persons or things sharing certain traits," from Old French gendre, genre "kind, species; character; gender" (12c., Modern French genre), from stem of Latin
genus (genitive generis)
"race, stock, family; kind, rank, order; species," also
"(male or female) sex," from PIE root *gene- "give birth, beget," with derivatives referring to procreation and familial and tribal groups.
Also used in Latin to translate Aristotle's Greek grammatical term genos. The grammatical sense is attested in English from late 14c. The unetymological -d- is a phonetic accretion in Old French (compare sound (n.1)).
The "male-or-female sex" sense is attested in English from early 15c. As sex (n.) took on erotic qualities in 20c., gender came to be the usual English word for "sex of a hu
man being," in which use it was at first regarded as colloquial or humorous. Later often in feminist writing with reference to social attributes as much as biological qualities; this sense first attested 1963. Gender-bender is from 1977, popularized from 1980, with reference to pop star David Bowie.
(v.) "to bring forth," late 14c., from Old French gendrer, genrer "engender, beget, give birth to," from Latin
generare "to engender, beget, produce" (see generation). Related: Gendered; gendering.
sex : [etymonline] (n.) late 14c., "males or females collectively," from Latin
sexus "a sex, state of being either male or female, gender," of uncertain origin. "Commonly taken with seco as division or 'half' of the race" [Tucker], which would connect it to secare "to divide or cut" (see section (n.)).
Secus seems the more original formation, but it is strange that the older texts only know sexus. The modern meaning of sectiō 'division' suggests that sec/xus might derive from secāre 'to sever', but the morphology remains unclear: does sexus go back to an s-present *sek-s- 'to cut up', or was it derived from a form *sek-s- of the putative s-stem underlying secus? [Michiel de Vaan, "Etymological Dictionary of Latin and the other Italic Languages," Leiden, 2008]
Meaning "quality of being male or female" first recorded 1520s. Meaning "sexual intercourse" is attested by 1906; the meaning "genitalia" is attested by 1938. Sex appeal is attested by 1904.
For the raw sex appeal of the burlesque "shows" there is no defense, either. These "shows" should be under official supervision, at the least, and boys beneath the age of eighteen forbidden, perhaps, to attend their performance, just as we forbid the sale of liquors to minors. [Walter Prichard Eaton, "At the New Theatre and Others: The American Stage, Its Problems and Performances," Boston, 1910]
Sex drive is by 1918;
sex object by 1901;
sex symbol by 1871 in anthropology; the first
person to whom the term was applied seems to have been Marilyn Monroe (1959).
Sex therapist is from 1974.
It is curious that the Anglo-Saxon language seems to have had no abstract term for sex, which was expressed only severally as manhood or womanhood. [Thomas Wright, note to "Anglo-Saxon and Old English Vocabularies," 1884]
accurate : [etymonline] (adj.) 1610s, "done with care," from Latin accuratus
"prepared with care, exact, elaborate," past participle of accurare
"take care of," from ad "to" (see ad-) + curare "take care of" (see cure (n.1)). The notion of doing something carefully led to that of being precise (1650s). A stronger word than correct (adj.), weaker than exact (adj.). Related: Accurately; accurateness.
pestilence : [etymonline] (n.) c. 1300, "any infectious or contagious disease, fatal epidemic," from Old French pestilence "plague, epidemic" (12c.) and directly from Latin
pestilentia "a plague, an unwholesome atmosphere," noun of condition from
pestilentem (nominative pestilens)
"infected, unwholesome, noxious," from
pestis "deadly disease, plague" (see pest).
Also in Middle English "wickedness, evil, sin, a vice, that which is morally pestilential."
morphology : [etymonline] (n.) 1824 in biology, "science of the outer form and inner structure of animals and plants," from Ger
man Morphologie (1817); see morpho- "shape" + -logy "study of." By 1869 in philology,
"science of structure or forms in language." General sense of
"shape, form, external structure or arrangement" is by 1890. Related: Morphological; morphologist. Related: Morphologist.
auspicious : [etymonline] (adj.) 1590s,
"of good omen" (implied in auspiciously), from Latin auspicium
"divination by observing the flight of birds," from auspex (genitive auspicis) + -ous. Related: Auspiciousness. [comment] also indicates that something is favourable e.g. "red sky in the evening is an auspicious sign for blue sky the following day," or "the marriage did not get off to a very auspicious start."
inauspicious : [etymonline] (adj.) "ill-omened, unlucky, unfavorable," 1590s, from in- (1) "not, opposite of" + auspicious. Related: Inauspiciously; inauspiciousness. The Latin word was inauspicatus
"without auspices; with bad auspices i.e. not of good omen, or of good favour," which had a brief career in English as inauspicate (17c.)
community : [etymonline] (n.) late 14c., "a number of people associated together by the fact of residence in the same locality," also "the common people" (not the rulers or the clergy), from Old French comunité "community, commonness, everybody" (Modern French communauté), from Latin communitatem (nominative communitas)
"community, society, fellowship, friendly intercourse; courtesy, condescension, affability," from communis
"common, public, general, shared by all or many" (see common (adj.)).
condescend : [etymonline] (v.) mid-14c., of God, a king., etc., "make gracious allowance" for hu
man frailty, etc.; late 14c., "yield deferentially," from Old French condescendere (14c.) "to agree, consent, give in, yield, come down from one's
rights or claims," and directly from Late Latin condescendere
"to let oneself down, stoop," in Medieval Latin
"be complaisant or compliant," from assimilated form of Latin com "with, together" (see con-) + descendere "to descend," literally "climb down," from de "down" (see de-) + scandere "to climb," from PIE root *skand- "jump" (see scan (v.)).
condescension : [etymonline] (n.) 1640s, "the act of condescending, a voluntary inclining to equality with inferiors," from Late Latin condescensionem, noun of action from past-participle stem of condescendere
"to let oneself down" (see condescend).
prescribe : [etymonline] (v.) mid-15c., prescriben, "to write down as a direction, law, or rule," from Latin praescribere
"write before, prefix in writing; ordain, determine in advance," from prae "before" (see pre-) + scribere "to write" (from PIE root *skribh- "to cut"). Related: Prescribed; prescribing. Medical sense of "advise, appoint, or designate as a remedy for a disease" is from 1580s, probably a back formation from prescription.
rogatory : [wordnik] (adj.) Requesting evidence, especially from a foreign court; or be authorised to collect, or be engaged in collecting information. e.g. letters rogatory are those that seek assistance from a foreign court for judicial assistance, for the service of process and for the taking of evidence.
accretion : [etymonline] (n.) 1610s, "act of growing by organic enlargement;" 1650s as "that which is formed by continued growth from without," from Latin accretionem (nominative accretio)
"an increasing, a growing larger" (as of the waxing moon), noun of action from past-participle stem of accrescere
"grow progressively, increase, become greater," from ad "to" (see ad-) + crescere "grow" (from PIE root *ker- (2) "to grow"). It goes with the verb accrue. Related: Accretional; accretionary.
antecedent : [etymonline] (n.) late 14c. in grammar
("noun to which a pronoun refers") and in logic ("if A is, then B is;" A is the antecedent, B the consequent), from Old French antecedent (14c.) or directly from Latin antecedentem (nominative antecedens), noun use of present participle of antecedere
"go before, precede," from ante "before" (from PIE root *ant- "front, forehead," with derivatives meaning "in front of, before") + cedere "to yield" (from PIE root *ked- "to go, yield").
consequent : [etymonline] (adj.) early 15c., "conclusive, logical," also "following as an effect or result," from Old French consequent "following, resulting" and directly from Latin consequentem (nominative consequens)
"following, consequent," present participle of consequi
"to follow after," from assimilated form of com "with, together" (see con-) + sequi "to follow" (from PIE root *sekw- (1) "to follow"). Related: Consequently.
equity : [wikipedia] Equity is a particular body of law that was developed in the English Court of Chancery.[1] It exists in domestic law, both in civil law and in
common law systems, and in international law.[1] The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Ro
man law (aequitas).[1][2] Later, in civil law systems, equity was integrated in the legal rules, while in
common law systems it became an independent body of law
[etymonline] (n.) early 14c., equite, "quality of being equal or fair, impartiality;" late 14c., "that which is equally right or just to all concerned," from Old French equite (13c.), from Latin aequitatem (nominative aequitas)
"the uniform relation of one thing to others, equality, conformity, symmetry;" also
"just or equitable conduct toward others," from aequus "even, just, equal" (see equal (adj.)).
In law, "fairness in the adjustment of conflicting interests; the settlement of controversies by the dictates of good conscience" (natural equity), late 14c., from Ro
man naturalis aequitas, the general principles of justice which corrected or supplemented the legal codes ("governed by benevolence, while justitia yields to another only what is strictly due," Lewis & Short).
Hence, in Eng
land and U.S., also "justice based on such principles, the system of jurisprudence as to what is fair and what is not," and "a court or jurisdiction in which these doctrines are applied" (1590s).
The Latin word also meant "a quiet, tranquil state of mind; moderation, evenness of temper."
The L. æquitas was somewhat influenced in meaning by being adopted as the ordinary rendering of Gr. ἐπιεικεια ...,which meant reasonableness and moderation in the exercise of one's rights, and the disposition to avoid insisting on them too rigorously. [OED]
From 1620s as "an equitable right, that to which one is justly entitled," especially a right recognized by courts of equity that is not provided for in the common or statute law (such as certain
property rights of wives). Equities, "the ordinary shares of a limited company," carrying certain
rights to assets and profits, is attested by 1904.
By 1980s it had taken on extended senses in sociology, e.g.: "allocating benefits in various policy fields in such a way as to provide groups, persons, and places with at least a minimum level of benefits so as to satisfy basic needs" [Stuart S. Nagel, "Equity as a Policy Goal," 1983].
enumerate : [etymonline] (v.) "to count; ascertain or tell over the number of;" hence, "mention in detail, recapitulate," 1640s, from or modeled on Latin enumeratus, past participle of enumerare
"to reckon up, count over, enumerate," from assimilated form of ex "out, out of" (see ex-) + numerare "to count, number," from numerus "number" (see number (n.)). Middle English had annumerate (early 15c.). Related: Enumerated; enumerating.
iniquity : [etymonline] (n.) c. 1300, "hostility, malevolence; a hostile action," from Old French iniquité, iniquiteit "wickedness; unfavorable situation" (12c.), from Latin iniquitatem (nominative iniquitas)
"unequalness, unevenness," figuratively "unfavorableness, unfairness, injustice," noun of quality from iniquus
"unjust, unequal; slanting, steep," from in- "not" (see in- (1)) + aequus "just, equal" (see equal (adj.)).
reclamation : [etymonline] (n.) late 15c., reclamacion, "a revoking" (of a grant, etc.), from Old French réclamacion and directly from Latin reclamationem (nominative reclamatio)
"a cry of 'no,' a shout of disapproval," noun of action from past participle stem of reclamare
"cry out against, protest" (see reclaim). From 1630s as "action of calling (someone) back" (from iniquity, etc.); meaning "action of claiming as a possession something taken away" is from 1787. Of waste
land from 1848; the notion is "action of subduing to fitness or use;" of used or waste material or objects, by 1937.
irreparable : [etymonline] (adj.) early 15c., from Old French irréparable (12c.), from Latin irreparabilis
"not to be repaired or recovered," from assimilated form of in- "not, opposite of" (see in- (1)) + reparabilis "that can be repaired" (see repair (v.)). Irrepairable, from the English verb, was used 16c.-17c. but seldom was seen after. [comment] if something is irreparable; it cannot be fixed! In these cases when seeking compensation it should reflect a dollar value or other form of compensation equal to the value of the damaged property.
genius : [etymonline] (n.) late 14c., "tutelary or moral spirit" who guides and governs an individual through life, from Latin genius
"guardian deity or spirit which watches over each person from birth; spirit, incarnation; wit, talent;" also "prophetic skill; the male spirit of a gens," originally "generative power" (or "inborn nature"), from PIE *gen(e)-yo-, from root *gene- "give birth, beget," with derivatives referring to procreation and familial and tribal groups.
The sense of "characteristic disposition" of a
person is from 1580s. The meaning "
person of natural intelligence or talent" and that of "exalted natural mental ability, skill in the synthesis of knowledge derived from perception" are attested by 1640s.
tutelary : [etymonline] (adj.) 1610s, from Late Latin tutelarius
"a guardian," from Latin tutela
"protection, watching" (see tutor (n.)).
Inferior courts : In Australia the High Court of Australia is the apex court in a hierarchical system outlined in the Australian Constitution that is the ultimate court of appeal on matters of both federal and state law. Broadly all courts in Australia are divided into superior and inferior courts the distinction for superior courts being they have unlimited jurisdiction in law and equity and can determine appeals. Inferior courts in the hierarchy include the magistrates' and district (or county) court of each State as well as the Federal Circuit and Family Court. These are characterised by a jurisdiction conferred by statute and limited as to subject matter or the quantum of relief and additionally their amenability to judicial review by a single judge of a superior court where a right of appeal is not available.
Broadly and for the purposes of
common law inferior courts are of a special jurisdiction such as those ancient courts outlined in Chapter VI "Of courts of a Special Jurisdiction" in Blackstone's Commentaries; namely forest courts, commissioners of sewers et al. and defined by statute as discussed earlier such as for traffic related offences and summary offences, or for that matter any courts being in form a court of record; however, whose proceedings do not move by the course of the
common law, but are subject to the discretionary coercion of and whose errors lie to the court of his majesty the King or Queen's Bench for the redress of the mal-administration of justice.
see also forest eyre & the crown.
US: those courts whose jurisdiction is limited and special and whose proceedings are not according to the course of the
common law.” Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652.
superintendent : [etymonline] (n.) 1550s, originally an ecclesiastical word meaning "bishop" or "minister who supervises churches within a district" (ultimately a loan-translation of Greek episkopos "overseer"), from Medieval Latin superintendentem (nominative superintendens), present participle of Late Latin superintendere
"oversee," from Latin super "above" (see super-) + intendere "turn one's attention to, direct" (see intend). Famously used by 16c. radical Protestants in place of bishop, which to them was tainted by Papacy.
[Martinists] studie to pull downe Bishopps, and set vp Superintendents, which is nothing else, but to raze out good Greeke, & enterline bad Latine. [Lyly, "Pappe with an Hatchet," 1589]
The general sense of "a
person who has charge of some business" is first recorded 1580s. Meaning "janitor, custodian" is from c. 1935. Shortened form super first attested 1857, especially at first of overseers of sheep ranches in Australia. As an adjective meaning "superintending," from 1590s.
abortion : [etymonline] (n.)
Origin and meaning of abortion
1540s, "the expulsion of the fetus before it is viable," originally of deliberate as well as unintended miscarriages; from Latin abortionem (nominative abortio) "miscarriage; abortion, procuring of an untimely birth," noun of action from past-participle stem of aboriri "to miscarry, be aborted, fail, disappear, pass away," a compound word used in Latin for deaths, miscarriages, sunsets, etc., which according to OED is from ab, here as "amiss" (see ab-), + stem of oriri "appear, be born, arise" (see origin).
Meaning "product of an untimely birth" is from 1630s; earlier in this sense was abortive (early 14c.). Another earlier noun in English for "miscarriage" was abort (early 15c.). In the Middle English translation of Guy de Chauliac's "Grande Chirurgie" (early 15c.) Latin aborsum is used for "stillbirth, forced abortion." Abortment is attested from c. 1600; aborsement from 1530s, both archaic. Aborticide (1875) is illogical. Compare miscarriage.
In 19c. some effort was made to distinguish abortion "expulsion of the fetus between 6 weeks and 6 months" from miscarriage (the same within 6 weeks of conception) and premature labor (delivery after 6 months but before due time). The deliberate miscarriage was criminal abortion. This broke down late 19c. as abortion came to be used principally for intentional miscarriages, probably via phrases such as procure an abortion.
Criminal abortion is premeditated or intentional abortion procured, at any of pregnancy, by artificial means, and solely for the purpose of preventing the birth of a living
child : feticide. At
common law the criminality depended on the abortion being caused after quickening. [Century Dictionary, 1899]
Foeticide (n.) appears 1823 as a forensic medical term for deliberate premature fatal expulsion of the fetus; also compare prolicide. Another 19c. medical term for it was embryoctony, with second element from a Latinized form of Greek kteinein "to destroy." Abortion was a taboo word for much of early 20c., disguised in print as criminal operation (U.S.) or illegal operation (U.K.), and replaced by miscarriage in film versions of novels. Abortium "hospital specializing in abortions," is from 1934, in a Soviet Union context.
decree : [etymonline] (n.) "special ordinance or regulation promulgated by authority," early 14c., originally ecclesiastical, secular use is by late 14c., from Old French decre, variant of decret (12c., Modern French décret), from Latin decretum, neuter of decretus, past participle of decernere
"to decree, decide, pronounce a decision," from de (see de-) + cernere
"to separate" (from PIE root *krei- "to sieve," thus "discriminate, distinguish"). (v.)
"to order or promulgate with authority," late 14c., decreen, from decree (n.). Related: Decreed; decreeing. [
Bill Thornton] the
decree of the Sovereign makes law; whereby virtue of Magna Carta a ruling King or Queen upon coronation is granted
sovereignty from the people in whom it is vested, whereby each
man is able to lawfully decree his own rights, and subsequently the compensation he is due. Citizens on the other hand have no such capacity.
ordain : [etymonline] (v.) c. 1300, ordeinen, "to appoint or admit to the ministry of the Church," also "to decree, enact," from stem of Old French ordener "place in order, arrange, prepare; consecrate, designate" (Modern French ordonner) and directly from Latin ordinare
"put in order, arrange, dispose, appoint," from ordo (genitive ordinis)
"row, rank, series, arrangement" (see
order (n.)). The notion is "to confer holy orders upon." Sense of "establish, set (something) that will continue in a certain order" is from early 14c. Related: Ordained; ordaining.
establish : [etymonline] (v.) late 14c., from Old French establiss-, present participle stem of establir "cause to stand still, establish, stipulate, set up, erect, build" (12c., Modern French établir), from Latin stabilire
"make stable," from stabilis
"stable" (see stable (adj.)). For the unetymological e-, see e-. Related: Established; establishing. An established church or religion is one sanctioned by the state.
viable : [etymonline] (adj.) 1828, from French viable "capable of life" (1530s), from vie "life" (from Latin vita "life," from PIE root *gwei- "to live") + -able. Originally of newborn infants; generalized sense is first recorded 1848. Related: Viably. In terms of the law; a
child reaches the age of viability when it is capable of a self sustaining life outside it's mother's womb.
qualified : the qualification of a judicial officer has nothing to do with competency or the qualifications he may hold; however, indicates that he is officially bonded to carry out duties as pertaining to specific matters, or a specific jurisdiction; as distinct from a general employee who may carry out the duties of an administrative officer; however, who only holds insurance. If a Judge issues orders beyond the jurisdiction of the court in which proceedings are taking place e.g. the rules and orders given for the court of King's Bench. He can then be issued with a verifiable true
bill for which compensation is due. If no compensation is forthcoming a
claim against the official
bond he holds would then be made.
qualify : (v.) mid-15c., qualifien, transitive, "to invest with (a quality), impart a certain quality to," from French qualifier (15c.) and directly from Medieval Latin qualificare
"attribute a quality to; make of a certain quality," from Latin qualis "of what sort?," correlative pronominal adjective (see quality) + combining form of facere "to make" (from PIE root *dhe- "to set, put").
Meaning "to limit, modify by a limitation or reservation, restrict" is from 1530s, as is the sense of "to have or have taken the necessary steps for rendering oneself capable of holding an office, etc." The sense of "to be or become fit for an employment, office, etc." is by 1580s. Related: Qualified; qualifying
minute order : During the course of court proceedings new information will come to light, or new evidence will be presented necessitating the variation of a previous
order or judicial determination; or to vary or introduce a change in the procedure adopted by the court. In these cases orders may be given; however, the only record of their existence is given as a matter of course drawn up much as would be the minutes of a meeting, from which the term minute
order presumably arises. These orders are often given on the fly so to speak; so as to make allowances for variations that may occur. With regard to the
common law a
man will ignore these distinctions that are terms of art and simply
issue an
order from his own court.
ultimo : [etymonline] (adv.) "in the month preceding the present," 1610s, common in abbreviated form ult. in 18c.-19c. correspondence and newspapers, from Latin ultimo (mense)
"of last (month)," ablative singular masc. of ultimus
"last" (see ultimate). Earlier it was used in the sense of "on the last day of the month specified" (1580s). Contrasted with proximo "in the next (month)," from Latin proximo (mense).
public defender : In NSW Public defenders are salaried barristers of the government who do not provide general legal advice to the public; however, appear in serious criminal matters for clients who have been granted legal aid. In terms of the
common law and where it is known a criminal
complaint is unverifiable; a
man will have recourse to file his own
claim and where a public defender has been appointed will make use of their services in the capacity as a co-counsel. In these cases these distinctions should be made in writing and included with the
claim when it is filed with the clerk of the court.
incorporeal : [
Karl Lentz] intangible or for the purposes of
common law intangible property. [Google] not composed of matter; having no material existence. [etymonline] (adj.) early 15c., "spiritual, immaterial," with -al (1) and Late Latin incorporeus
"without body, or no body i.e. it has no body or form so therefore is incorporeal" from in- "not" (see in- (1)) + adjective from corpus (genitive corporis) "body."
terrorism : [
Karl Lentz] interference with the proper function of government. [etymonline] (n.) 1795, in specific sense of "government intimidation during the Reign of Terror in France" (March 1793-July 1794), from French terrorisme, noted in English by 1795 as a coinage of the Revolution, from Latin terror
"great fear, dread, alarm, panic; object of fear, cause of alarm; terrible news," from PIE root *tres- "to tremble" (see terrible).
miscreant : [etymonline] (adj.) c. 1300,
"non-Christian, misbelieving, pagan, infidel;" early 15c., "heretical, unbelieving," from Old French mescreant "disbelieving" (Modern French mécréant), from mes- "wrongly" (see mis- (2)) + creant, present participle of creire "believe," from Latin credere "to believe" (see credo). Meaning "villainous, vile, detestable" is from 1590s. Related: Miscreance; miscreancy.
legal tender : [investopedia] Legal tender is anything recognised by law or established by statute as a means to settle a public or
private debt or meet a financial obligation, including tax payments, contracts, and legal fines or damages. The national currency is legal tender in practically every country. A creditor is legally obligated to accept legal tender toward repayment of a debt. A man; however, is not bound or obligated to pay a
debt with legal tender unless by agreement beforehand.
see money
pay : [commonlaw Mini-Dictionary] an "offering, pledge" i.e. not necessarily the entirety of a
debt but regular offerings of
money (see money: not necessarily legal tender) so as to
discharge a debt.
[etymonline] (v.) c. 1200, paien, "to appease, pacify, satisfy, be to the liking of," from Old French paier "to pay, pay up" (12c., Modern French payer), from Latin pacare "to please, pacify, satisfy" (in Medieval Latin especially "satisfy a creditor"), literally "make peaceful," from pax (genitive pacis) "peace" (see peace).
The meaning "to give what is due for goods or services" arose in Medieval Latin and was attested in English by early 13c.; the sense of "please, pacify" died out in English by 1500. Figurative sense of "suffer, endure" (a punishment, etc.) is first recorded late 14c. Meaning "to give or render" with little or no sense of obligation (pay attention, pay respects, pay a compliment) is by 1580s. Meaning "be remunerative, be profitable, yield a suitable return or reward" is by 1812. Related: Paid; paying. To pay up was originally (mid-15c.) "make up the difference between two
sums of money;" the sense of "pay fully or promptly" is by 1911. Pay television is attested by 1957.
(n.) c. 1300, paie, "satisfaction, liking; reward, reprisal," from pay (v.), or else from Old French paie "payment, recompense," from paier. Meaning "
money or other compensation given for labor or services performed, wages" is from late 14c. In Middle English the usual sense was "satisfaction": My pay meant "my liking;" God's pay was "God's good will."
currency : (n.) Money, or medium of exchange that is not necessarily; though, generally understood to be in the form of circulating legal tender within the economy of a country i.e. paper notes and coins.
[etymonline] 1650s, "condition of flowing," a sense now rare or obsolete, from Latin currens, present participle of currere
"to run" (from PIE root *kers- "to run"). The notion of "state or fact of flowing from
person to person" led to the senses "continuity in public knowledge" (1722) and "that which is current as a medium of exchange, money" (1729).
assail : [etymonline] (v.) "attack violently," c. 1200, from Old French assalir "attack, assault, assail" (12c., Modern French assaillir), from Vulgar Latin *adsalire
"to leap at," from Latin ad "to, toward" (see ad-) + salire "to leap" (see salient (adj.)). Figurative use, of mental states, emotions, etc., is from mid-14c.; meaning "attack with arguments, abuse, criticism, etc." is from c. 1400. Related: Assailed; assailing; assailable.
unique : [etymonlone] (adj.) c. 1600, "single, solitary," from French unique (16c.), from Latin unicus
"only, single, sole, alone of its kind," from unus "one" (from PIE root *oi-no- "one, unique"). Meaning "forming the only one of its kind" is attested from 1610s; erroneous sense of "remarkable, uncommon" is attested from mid-19c. Related: Uniquely; uniqueness.
edict : [etymonline] (n.) late 15c., edycte; earlier
edit (late 13c.),
"proclamation having the force of law," from Old French
edit, from Latin edictum
"proclamation, ordinance, edict," neuter past participle of edicere
"publish, proclaim," from assimilated form of ex "out, out of" (see ex-) + dicere "to say" (from PIE root *deik- "to show," also "pronounce solemnly"). Related: Edictal.
accede : [etymonline] (v.) Origin and meaning of accede"come to or arrive at" (a state, position, office, etc.), early 15c., from Latin accedere
"approach, go to, come near, enter upon," from assimilated form of ad "to" (see ad-) + cedere "go, move, withdraw" (from PIE root *ked- "to go, yield"). Latin ad- usually became ac- before "k" sounds. Related: Acceded; acceding.
persona : Etymonline gives from 1917, an "outward or social personality." It is also given from the definition of a "person" that provides a reference back directly to Latin
persona as "hu
man being, person, personage; a part in a drama, assumed character," originally
"a mask, a false face," such as those of wood or clay, covering the whole head, worn by the actors in later Ro
man theater. OED offers the general 19c. explanation of persona as "related to" Latin personare
"to sound through" (i.e. the mask as something spoken through and perhaps amplifying the voice)
usurp : [etymonline] (v.) early 14c., from Old French usurper "to (wrongfully) appropriate" (14c.), from Latin usurpare
"make use of, seize for use," in later Latin "to assume unlawfully,
trespass on," from usus "a use" (see use (v.)) + rapere "to seize" (see rapid (adj.)). Related: Usurped; usurping.
trademark : [etymonline] (n.) also trade-mark, 1838 (the thing itself attested continuously from 14c., apparently originally the watermarks on paper), from trade (n.) + mark (n.1) in a specialized sense of "stamp, seal, brand, etc. placed upon an article to indicate ownership or origin" (mid-13c.). Figurative use by 1869. As a verb, from 1904. Related: Trademarked; trademarking. This sense of mark also yielded the meaning "particular brand or make of an article" (1660s), hence its use in 20c. names of cars, etc., Mark I, Mark II, etc.
conjecture : [
common law mini dictionary] From late 14th century French, "interpretation of signs and omens", "surmise, guess" or directly from Latin "conclusion, interpretation, guess, inference," "to throw together," Sense of "forming of opinion without proof" is 1530's, [sic].
[etymonline] (n.) late 14c., "interpretation of signs, dreams, and omens," also "a supposing, a surmising," from Old French conjecture "surmise, guess," or directly from Latin coniectura
"conclusion, interpretation, guess, inference," literally
"a casting together (of facts, etc.)," from coniectus, past participle of conicere
"to throw together," from assimilated form of com "together" (see con-) + iacere "to throw" (from PIE root *ye- "to throw, impel"). [sic]
[etymonline] (v.) early 15c.,
"infer, predict, form (an opinion or notion) upon probabilities or slight evidence," from conjecture (n.) or from verbs in Medieval Latin and Old French. Middle English had also the parallel forms conjecte (n.), conjecten (v.). Related: Conjectured; conjecturing.
Sense of "an unverified supposition" is from 1520s; that of "act of forming of opinion without proof" is from 1530s. [sic]
conviction : [
common law mini dictionary] is a belief, then you can be
Wrong and found guilty, [sic]
[etymonline] mid-15c., "the proving or finding of guilt of an offense charged," from Late Latin convictionem (nominative convictio)
"proof, refutation," noun of action from past-participle stem of convincere
"to overcome decisively," from com-, here perhaps an intensive prefix (see com-), + vincere "to conquer" (from nasalized form of PIE root *weik- (3) "to fight, conquer").
Meaning "mental state of being convinced or fully persuaded" is from 1690s; that of "firm belief, a belief held as proven" is from 1841. In a religious sense, "state of being convinced one has acted in opposition to conscience, admonition of the conscience," from 1670s.
[comment] When a jury renders a verdict in a criminal trial it leads to a "conviction" where the
person has been found guilty, or an acquittal i.e. where the
person has been absolved of the charges.
state : [
common law mini dictionary] "A State" is a group of people that occupy a
land mass and agree by consent to abide by a set of rules that secure and protect
property against foreign invaders and people from within [sic].
[etymonline] (v.) 1590s, "to set in a position," from state (n.1); the sense of "declare in words" is first attested 1640s, from the notion of "placing" something on the record. Related: Stated; stating.
absolve : [etymonline] (v.) Origin and meaning of absolveearly 15c., "release" (from an oath or obligation), from Latin absolvere
"set free," especially judicially,
"acquit" (source also of Old French assoldre (11c.), Modern French absoudre),
from ab "off, away from" (see ab-) + solvere "to loosen, untie, release, remove," from PIE *se-lu-, from reflexive pronoun *s(w)e- (see idiom) + root *leu- "to loosen, divide, cut apart." In modern use, "set free from consequences or penalties of actions." Related: Absolved; absolving.
steal : [etymonline] Old English stelan
"to commit a theft, to take and carry off clandestinely and without right or leave" (class IV strong verb; past tense stæl, past participle stolen), from Proto-Germanic *stelanan (source also of Old Saxon stelan, Old Norse, Old Frisian stela "to steal, to rob one of," Dutch stelen, Old High Ger
man stelan, Ger
man stehlen, Gothic stilan "to steal"), from PIE *stel-, possibly a variant of *ster- (3) "to rob, steal."
"The notion of secrecy ... seems to be part of the original meaning of the vb." [OED]. Intransitive meaning "to depart or withdraw stealthily and secretly" is from late Old English. Most IE words for steal have roots in notions of "hide," "carry off," or "collect, heap up." Attested as a verb of stealthy motion from c. 1300 (as in to steal away, late 14c.); of kisses from late 14c.; of glances, sighs, etc., from 1580s. The various sports senses begin 1836. To steal (someone) blind first recorded 1974.
[
common law mini dictionary] Act of Robbery
see 'theft' [sic]. [comment] no distinction is made as to whether to steal something is an act of robbery or a theft. However, given that a robbery is carried out openly; to steal something could be better classed as a theft.
see 'theft'
theft : [etymonline] mid-13c., from Old English þeofð (West Saxon þiefð) "theft," from Proto-Germanic *theubitho (source also of Old Frisian thiufthe, Old Norse þyfð), from *theubaz "thief"
[comment] a theft is the occurrence, or the clandestine act carried out by a thief of wilfully taking the
property of another without the right to do so. An act of theft is distinguished from a robbery in that a robber can be identified whereas a thief cannot.
[Century Dictionary, 1895] in a looser sense, thief is often applied to one who takes a small amount, and robber to one who takes a large amount.
acquittal : [etymonline] (n.) early 15c., "payment of
debt or retribution;" see acquit + -al (2). Sense of "a release from
debt or obligation" is from mid-15c.; that of
"freeing from charge or offense" (by legal process) is from 1530s.
pauper : [etymonline] (n.) "very poor person,
person destitute of
property or means of livelihood," 1510s, from Latin pauper
"poor, not wealthy, of small means" (see poor (adj.)). Originally in English a legal word, from Latin phrase in forma pauperis (late 15c.)
"in the character of a poor person," used of one who is on this account allowed to sue in court without legal fees. Related: Pauperism; pauperess; pauperize.
[comment] Having been extended the privilege to sue without having paid legal fees; a pauper only has
rights to the extent conceded under statute; having the same legal constraints as would members of the bar in administrative hearings, court proceedings and the like. In terms of the
common law there are no such constraints when it comes to the
claim of a 'man'. Where a notice should be tendered stating that despite limited means you
wish your status be not reduced to that of a pauper, but remain that of a
man aggrieved; however, because the cost of a filing fee would outweigh the compensation due by the
harm it would cause, it is your
wish the case be filed with no charge. Where to quote Edward Coke "That in the emphatic words of Magna Carta, spoken in the
person of the King, who in judgement of law is ever present repeating them in all his courts; which are these "to no one will we sell; deny; or delay; right or justice."
poor : [etymonline] (adj.) c. 1200, "lacking
money or resources, destitute of wealth; needy, indigent;" also "small, scanty," also voluntarily and deliberately, "devoid of possessions in conformity with Christian virtues," from Old French povre "poor, wretched, dispossessed; inadequate; weak, thin" (Modern French pauvre), from Latin pauper "poor, not wealthy," from pre-Latin *pau-paros "producing little; getting little," a compound from the roots of paucus "little" (from PIE root *pau- (1) "few, little") and parare "to produce, bring forth" (from PIE root *pere- (1) "to produce, procure").
care : [etymonline] (n.) Old English caru, cearu "sorrow, anxiety, grief," also "burdens of mind; serious mental attention," in late Old English also "concern, anxiety caused by apprehension of evil or the weight of many burdens," from Proto-Germanic *karō "lament; grief, care" (source also of Old Saxon kara "sorrow;" Old High Ger
man chara "wail, lament;" Gothic kara "sorrow, trouble, care;" Ger
man Karfreitag "Good Friday;" see care (v.)).
deceptive : [etymonline] (adj.) "tending to mislead or give false impression," 1610s, from French deceptif (late 14c.), from Medieval Latin deceptivus, from decept-, past participle stem of Latin decipere "to ensnare, take in, beguile, cheat," from de "from" or pejorative (see de-) + capere "to take," from PIE root *kap- "to grasp." i.e. from its earliest definition
"to take" or "to take from;" however, most would understand deceptive to mean "to ensnare, take in, beguile, cheat," or to be misleading or to be the giving of a false impression.
hypothesis : [etymonline] (n.) 1590s, "a particular statement;" 1650s, "a proposition, assumed and taken for granted, used as a premise," from French hypothese and directly from Late Latin hypothesis, from Greek hypothesis "base, groundwork, foundation," hence in extended use "basis of an argument, supposition," literally
"a placing under," from hypo- "under" (see hypo-) + thesis "a placing, proposition" (from reduplicated form of PIE root *dhe- "to set, put"). A term in logic; narrower scientific sense is from 1640s.
gilt-edged : [google] or gilt-edge; having the edge or edges gilded: gilt-edged paper; of the highest or best quality, kind, etc. Finance. (of securities and bonds) of the highest rating or quality; secure. (of bonds) government backed or guaranteed.
repatriation : [etymonline] (n.) "return or
restoration to one's own country," 1590s, from Late Latin repatriationem (nominative repatriatio), noun of action from past-participle stem of repatriare
"return to one's own country," from re- "back" (see re-) + Latin patria "native land" (see patriot).
inexorable : [etymonline] "unyielding, unrelenting," 1550s, from French inexorable and directly from Latin inexorabilis
"that cannot be moved by entreaty, unyielding," from in- "not, opposite of" (see in- (1)) + exorabilis "able to be entreated," from exorare "to prevail upon," from ex "out" (see ex-) + ōrare "to pray to, beseech" (see orator). Related: Inexorably; inexorability.
National Police History Check : (NPHC) in Australia a National Police History Check also known as a Criminal History Check is collated publicly releasable information collected by the (ACIC) Australian Criminal Intelligence Commission; relating to a person's criminal history and convictions and their related interactions with the police. Given that Businesses and Companies can request that an NPC be conducted by the (AFP) Australian Federal Police in a ("Company Check".) A
person may
wish to make an application for an NPHC to check that what is released on them to the public does not contain false, libellous or misleading information. An application for these checks can be made through Australia Post outlets, through the AFP website and other online services.
In terms of the
common law and where it is known previous charges on record with the (ACIC) were related to an instance that would not have been supported by a verifiable
claim for
harm injury or loss, and where there is an unwillingness on behalf of the agency to change related records. A Hearing should be required and notices tendered establishing that where at one time you where in a state of ignorance, incapacitation; having plead guilty to a crime where no
man was harmed. You now
wish to go back to the status and standing you held as a
man from the beginning [cf. ab initio] and
require in an order, compared with a Writ of execution [cf. Writ of execution,] that staff at the (ACIC) be directed to update or remove records so as to reflect your true standing not withstanding the
lawful claim of another man.
incapacity : [etymonline] (n.) 1610s, "lack of ability, powerlessness," from French incapacité (16c.), from Medieval Latin incapacitatem (nominative incapacitas), from Late Latin incapax (genitive incapacis)
"incapable," from in- "not" (see in- (1)) + Latin capax "capable," literally "able to hold much," from capere "to take," from PIE root *kap- "to grasp." As a legal term (1640s),
"lack of qualification," referring to inability to take, receive, or deal with in some way.
ignorance : [etymonline] (n.) c. 1200, "lack of wisdom or knowledge," from Old French ignorance (12c.), from Latin ignorantia
"want of knowledge" (see ignorant). Ignoration (1832) has been used in the sense "act of ignoring." The proverb, in the form "Where ignorance is bliss, 'tis folly to be wise", is from Gray's "Ode on a Distant Prospect of Eton College" (1742).
equilibrium : [etymonline] (n.) c. 1600, "state of mental balance," from Latin aequilibrium
"an even balance; a horizontal position," from aequilibris "equal, level, horizontal, evenly balanced," from aequus "equal" (see equal (adj.)) + libra "a balance, pair of scales, plummet" (see Libra). Related: Equilibrious.
individual : [etymonline] (n.) "single object or thing," c. 1600, from individual (adj.). Meaning "a single hu
man being" (as opposed to a group, etc.) is from 1640s. Colloquial sense of "person" is attested from 1742. Latin individuum as a noun meant
"an atom, indivisible particle," and in Middle English individuum was used in sense of "individual member of a species" (early 15c.)
(adj.) early 15c., "one and indivisible, inseparable" (with reference to the Trinity), from Medieval Latin individualis, from Latin individuus
"indivisible," from in- "not, opposite of" (see in- (1)) + dividuus "divisible," from dividere "divide" (see divide (v.)). Original sense now obsolete; the word was not common before c. 1600 and the 15c. example might be an outlier. Sense of "single, separate, of but one
person or thing" is from 1610s; meaning "intended for one person" is from 1889.
[comment] From early Latin relating to atoms or indivisible particles; something is an individual when it cannot be divided in terms of it's substance. A
man can stand as an individual with respect to a large body of persons; however, the same can be said for individual animals that belong to a sub species. If taking on the title of "individual" it is without distinction as to what type of individual creating a degree of ambiguity. The term 'man' is unambiguous there is nothing else a
man can be, but a man!
evoke : [etymonline] (v.) "to call or summon forth or out," 1620s, from French évoquer or directly from Latin evocare
"call out, rouse, summon," from assimilated form of ex "out" (see ex-) + vocare "to call," which is related to vox (genitive vocis) "voice" (from PIE root *wekw- "to speak"). Often more or less with a sense of "calling spirits," or being called by them. Of feelings, memories, etc., by 1856. Related: Evoked; evokes; evoking.
trial : [etymonline] (n.) mid-15c., "act or process of testing, a putting to proof by examination, experiment, etc.," from Anglo-French trial, noun formed from trier "to try" (see try (v.)). Sense of
"examining and deciding of the issues between parties in a court of law" is first recorded 1570s; extended to any ordeal by 1590s.
As an adjectival phrase, trial-and-error is recorded from 1806. Trial balloon (1826) translates French ballon d'essai, a small balloon sent up immediately before a manned ascent to determine the direction and tendency of winds in the upper air, though the earliest use in English is figurative.
overt : [etymonline] (adj.) early 14c., "open; unfastened" (originally literal, of clothing, a book, etc.; this sense is now obsolete), from Old French overt (Modern French ouvert), past participle of ovrir "to open," from Latin aperire
"to open, uncover," from PIE compound *ap-wer-yo- from *ap- "off, away" (see apo-) + root *wer- (4) "to cover." Compare Latin operire "to cover," from the same root with PIE prefix *op- "over;" and Lithuanian atverti "open," užverti "shut." The meaning
"clear, open or plain to view, manifest, revealed" is from late 14c.
covert : [etymonline] (adj.)
"hidden, private, secret, concealed," c. 1300, from Old French covert (Modern French couvert) "hidden, obscure, underhanded," literally "covered," past participle of covrir "to cover" (see cover (v.)). Related: Covertly.
process : [etymonline] (n.) early 14c., proces, "fact of being carried on" (as in in process), from Old French proces "a journey; continuation, development; legal trial" (13c.) and directly from Latin processus
"a going forward, advance, progress," from past-participle stem of procedere
"go forward" (see proceed).
Meaning "course or method of action, continuous action or series of actions or events" is from mid-14c.; sense of "continuous and regular series of actions meant to accomplish some result" (the main modern sense) is from 1620s. Meaning "a projection from the main body of something," especially a natural appendage, is from 1570s. Legal sense of "course of action of a suit at law, the whole of the proceedings in any action at law" is attested from early 14c.; hence due process "fair treatment" at law, considered as a right (mid-15c.).
(v.) 1530s, "begin legal action against, summon in a court of law," from French processer "to prosecute," from proces (see process (n.)). Meaning "prepare or treat by special process, subject to special process" is from 1881, from the noun in English. Of persons, "to
register and examine," by 1935, in reference to the U.S. Army. Related: Processed; processing.
proceed : [etymonline] (v.) late 14c., proceden, "to go, go on, move in a certain direction, go about one's business," also "to emanate from, result from; to
issue or come, as from an origin or course," from Old French proceder (13c., Modern French procéder) and directly from Latin procedere (past participle processus)
"go before, go forward, advance, make progress; come forward," from pro "forward" (from PIE root *per- (1) "forward") + cedere "to go" (from PIE root *ked- "to go, yield"). Related: Proceeded; proceeding.
due process : [wikipedia] Due process is the legal requirement that the state
must respect all legal
rights that are owed to a person. Due process balances the power of law of the
land and protects the individual
person from it. [comment] In terms of the
common law and when referring to the
rights of a
man or wo
man and not simply persons as may be legally defined;
due process is determined to be the process, modes and related conduct leading to the
lawful outcome afforded by a trial by Jury. This goes back to clause 39 of Magna Carta “No free
man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the
lawful judgement of his peers and the law of the land."
apocalypse : [etymonline] (n.)
Origin and meaning of apocalypse late 14c.,
"revelation, disclosure," from Church Latin apocalypsis "revelation," from Greek apokalyptein "uncover, disclose, reveal," from apo "off, away from" (see apo-) + kalyptein "to cover, conceal," from PIE root *kel- (1) "to cover, conceal, save." The Christian end-of-the-world story is part of the revelation in John of Patmos' book "Apokalypsis" (a title rendered into English as pocalipsis c. 1050, "Apocalypse" c. 1230, and "Revelation" by Wyclif c. 1380).
Its general sense in Middle English was "insight, vision; hallucination." The meaning "a cataclysmic event" is modern (not in OED 2nd ed., 1989); apocalypticism "belief in an imminent end of the present world" is from 1858. As agent nouns, "author or interpreter of the 'Apocalypse,'" apocalypst (1829), apocalypt (1834), and apocalyptist (1824) have been tried. [comment] most might understand an apocalypse as a cataclysmic event, but in reality it is the revelation or uncovering of the truth; laid bare for all to see.
investigate : [etymonline] (v.) c. 1500, back-formation from investigation or else from Latin investigatus, past participle of investigare
"to trace out, search after," figuratively "search into, investigate," from in- "in, into" (from PIE root *en "in") + vestigare
"to track, trace," from vestigium "footprint, track" (see vestige). Related: Investigated; investigating.
aggression : [etymonline] (n.) 1610s, "unprovoked attack," from French aggression (16c., Modern French agression), from Latin aggressionem (nominative aggressio)
"a going to, an attack," noun of action from past-participle stem of aggredi
"to approach; to attempt; to attack," from ad "to" (see ad-) + gradi (past participle gressus) "to step," from gradus "a step," figuratively "a step toward something, an approach" (from PIE root *ghredh- "to walk, go"). Psychological sense of "hostile or destructive behavior" first recorded 1912 in A.A. Brill's translation of Freud.
competent : [etymonline] (adj.) late 14c., "suitable, answering all requirements, sufficient, adequate," from Old French competent "sufficient, appropriate, suitable," and directly from Latin competentem (nominative competens), present participle of competere
"coincide, agree" (see compete). It preserves the classical Latin sense of the verb, whereas the meaning in compete is a post-classical evolution. Meaning "able, fit, having ability or capacity" is from 1640s. Legal sense "having legal capacity or qualification" is late 15c. Related: Competently.
competency : [
Karl Lentz ep9 50:00] Infers standing, or qualification; i.e. where because a
person is deemed to be competent with regard to subject matter; by default that
person becomes subject to the jurisdiction of that court. Essentially by being deemed competent; the persons of the court then have the capacity to control a
person with respect to the rules for that court. It is preferable to have some understanding of various jurisdictions that may operate; however, it is better to be incompetent with regard to the rules and practices of the bar. In a
common law court a Lawyer or Barrister will have no standing because they cannot give a first hand account as to facts and evidence where required; as such in these cases they are also deemed to be incompetent.
[etymonline] 1590s, "sufficiency to satisfy the wants of life," from Latin competentia
"meeting together, agreement, symmetry," from competens, present participle of competere (see compete). Meaning "sufficiency of qualification" is recorded from 1797.
merit : [etymonline] (n.) c. 1200, "spiritual credit" (for good works, etc.); c. 1300, "spiritual reward," from Old French merite "wages, pay, reward; thanks; merit, moral worth, that which assures divine pity" (12c.) and directly from Latin meritum
"a merit, service, kindness, benefit, favor; worth, value, importance," neuter of meritus, past participle of merere, mereri "to earn, deserve, acquire, gain," from PIE root *(s)mer- (2) "to get a share of something."
Sense of "worthiness, excellence," is from early 14c.; from late 14c. as "state or fact of deserving, condition or conduct that deserves either reward or punishment;" also "a reward, benefit." Etymologically it is merely "that which one deserves," and the Latin word was used of rewards or punishments, but in English it has typically meant "state or fact of deserving well."
Merits, in law, is "the right and
wrong of the case, essential facts and principles" (as distinguished from questions of procedure, etc.). In civil service promotion, the merit system is attested by 1880 (opposed to the spoils system); the phrase was used earlier in other contexts. Merit-monger (1550s, Latimer) was a common 16c.-17c. term of theological contempt for one who believes that hu
man merit entitles
man to divine rewards.
sue : [etymonline] (v.) c. 1200, "continue, persevere," from Anglo-French suer "follow after, continue," Old French suir, sivre "pursue, follow after, sue in court" (Modern French suivre), from Vulgar Latin *sequere "follow," from Latin sequi
"follow" (from PIE root *sekw- (1) "to follow"). Sense of "start a lawsuit against" first recorded c. 1300, on notion of "following up" a matter in court. Sometimes short for ensue or pursue. Meaning "make entreaty, petition, plead" (usually with for) is from late 14c. Related: Sued; suing.
incompetent : [etymonline] (adj.) 1610s, "insufficient," from French incompétent, from Late Latin incompetentem (nominative incompetens)
"insufficient," from in- "not" (see in- (1)) + Latin competentem (see competent). Sense of
"lacking qualification or ability" first recorded 1630s. The noun meaning "incompetent person" is from 1866. Related: Incompetently.
stay : (n) 1520s, "delay, postponement, period of remaining in a place," from stay (v.1). Meaning "action of stoppage, appliance for stopping" is 1530s; that of "suspension of judicial proceedings" is from 1540s. [legal-dictionary.thefreedictionary.com] A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or
issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case when it is necessary to secure the
rights of a party. [comment] In terms of the law there are two types of stays; either a stay of execution relating to a warrant for the seizing of property, or the death penalty; or a stay of proceedings that could be for a variety of reasons.
execution : [etymonline] (n.) late 14c.,
"a carrying out, a putting into effect; enforcement; performance (of a law, statute, etc.), the carrying out (of a plan, etc.)," from Anglo-French execucioun (late 13c.), Old French execucion "a carrying out" (of an order, etc.), from Latin executionem (nominative executio)
"an accomplishing," noun of action from past-participle stem of exequi/exsequi "to follow out" (see execute).
Specific sense of "act of putting to death" (mid-14c.) is from Middle English legal phrases such as don execution of deth "carry out a sentence of death." Literal meaning
"action of carrying something into effect" is from late 14c. John McKay, coach of the woeful Tampa Bay Buccaneers (U.S. football team), when asked by a reporter what he thought of his team's execution, replied, "I think it would be a good idea." Executor and executioner were formerly used indifferently, because both are carrying out legal orders.
writ of restitution : Mainly applies to US jurisdictions authorising the U.S. Marshals service to schedule and carry out the eviction of a tenant; however, in New South Wales reference is made to the writ from within a Notice of Motion to the Supreme Court, as in the US, generally to restore the possession of
land i.e. Form 61 (version 3) relating to UCPR 39.1 - 39.3 which
references a writ of execution and the circumstances in which leave of court
must be sort in
order for the issuance of the writ. In terms of the
common law and having already received a Judgement a
man would
issue an
order in a separate hearing for the enforcement of the Judgement [cf. Writ of restitution, or writ of execution.]
restitution : [etymonline] (n.) early 14c., restitucioun, "a making good or giving equivalent for crime, debt, injury, etc.;" late 14c., "
restoration of goods, land, etc. to a former owner, repayment of money;" from Old French restitucion or directly from Latin restitutionem (nominative restitutio)
"a restoring," noun of action from past-participle stem of restituere
"set up again, restore, rebuild, replace, revive, reinstate, re-establish," from re- "again, to a former state" (see re-) + statuere "to set up" (from PIE root *sta- "to stand, make or be firm".)
affiliation : [etymonline] 1751, "adoption," from French affiliation, from Medieval Latin affiliationem (nominative affiliatio), noun of action from past-participle stem of Latin affiliare
"to adopt as a son," from ad "to" (see ad-) + filius "son" (see filial). Figurative sense of "adoption by a society, of branches" first recorded 1799 (the verb affiliate in a related sense is from 1761). Meaning "friendship, relationship, association" is from 1852.
affiliate : (v.) 1761, "bring into close association," from Latin
affiliatus, past participle of
affiliare "to adopt a son," from ad "to" (see ad-) + filius "son" (see filial). Outside legal use, always figurative. Related: Affiliated; affiliating. (adj.) "taken into close association," 1858. (n.) 1846, from affiliate (v.) via the adjective. Compare associate (n.). Affiliated society in reference to a local society connected with another or associated with a central organization is from 1795.
hold : [etymonline] (v.) Middle English holden, earlier halden, from Old English haldan (Anglian), healdan (West Saxon), "to contain; to grasp; to retain (liquid, etc.); to observe, fulfill (a custom, etc.); to have as one's own; to have in mind (of opinions, etc.); to possess, control, rule; to detain, lock up; to foster, cherish, keep watch over; to continue in existence or action; to keep back from action," class VII strong verb (past tense heold, past participle healden), from Proto-Germanic *haldanan (source also of Old Saxon haldan, Old Frisian halda, Old Norse halda, Dutch houden, Ger
man halten "to hold," Gothic haldan "to tend").
Based on the Gothic sense (also present as a secondary sense in Old English), the verb is presumed originally in Germanic to have meant "to keep, tend, watch over" (as grazing cattle), later "to have." Ancestral sense is preserved in behold. The original past participle holden was replaced by held beginning 16c., but survives in some legal jargon and in beholden.
The modern use in the sense "lock up, keep in custody" is from 1903. Hold back in the figurative senses is from 1530s (transitive); 1570s (intransitive). To hold off is early 15c. (transitive), c. 1600 (intransitive). Hold on is early 13c. as "to maintain one's course," 1830 as "to keep one's grip on something," 1846 as an
order to wait or stop.
To hold (one's) tongue "be silent" is from c. 1300. To hold (one's) own is from early 14c. To hold (someone's) hand in the figurative sense of "give moral support" is from 1935. To hold (one's) horses "be patient" is from 1842, American English; the notion is of keeping a tight grip on the reins. To have and to hold have been paired alliteratively at least since c. 1200, originally of marriage but also of real estate. To hold water in the figurative sense "be sound or consistent throughout" is from 1620s.
abate : (v.) c. 1300, "put an end to" (transitive); early 14c., "to grow less, diminish in power or influence" (intransitive); from Old French abatre
"beat down, cast down, strike down; fell, destroy; abolish; reduce, lower" (Modern French abattre), from Vulgar Latin *abbatere, from Latin ad "to" (see ad-) + battuere "to beat" (see batter (v.)). The French literal sense of "to fell, slaughter" is in abatis and abattoir. Related: Abated; abating.
entirety clause : or Entire Agreement Clause. After parties to a contract have negotiated and reached a final agreement that often involves verbal communications; this is subsequently memorialised in a written contract that becomes the final word in terms of the law between the parties. The written contract will often contain a clause that affirms the entirety of the agreement as follows.
"This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter." [legalvision.com.au]
murder : [etymonline] (v.) c. 1200 mortheren,
"to kill, slay; kill criminally, kill with premeditated malice," from Old English myrðrian, from Proto-Germanic *murthjan (source also of Old High Ger
man murdran, Ger
man mördren, Gothic maurþjan, from Proto-Germanic *murthra- (see murder (n.)). But OED doubts the Old English verb survived into Middle English and thinks the modern word perhaps from the noun. Forms with -d- begin mid-14c. Meaning "spoil by bad execution" is from 1640s. Related: Murdered; murdering.
[
Karl Lentz] Elements to be satisfied in a murder trial.
- There must be a body.
- There has to be a motive or intent.
- There has to be an eye witness.
red notice : [interpol.int] Red Notices are issued by interpol for fugitives wanted either for prosecution or to serve a sentence. A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a
person pending extradition, surrender, or similar legal action.
nice : [etymonline] late 13c., "foolish, ignorant, frivolous, senseless," from Old French
nice (12c.) "careless, clumsy; weak; poor, needy; simple, stupid, silly, foolish," from Latin nescius
"ignorant, unaware," literally
"not-knowing," from ne- "not" (from PIE root *ne- "not") + stem of scire "to know" (see science). "The sense development has been extraordinary, even for an adj." [Weekley] -- from "timid, faint-hearted" (pre-1300); to "fussy, fastidious" (late 14c.); to "dainty, delicate" (c. 1400); to "precise, careful" (1500s, preserved in such terms as a
nice distinction and
nice and early); to "agreeable, delightful" (1769); to "kind, thoughtful" (1830).
[
common law Mini-Dictionary] Careless, Clumsy; weak, a fool, senseless [sic]
occupier : [
common law Mini-Dictionary] As in foreign invading force "to take possession of, hold, seize" a place, time,
person or employ From the occupy (n) Occupy; around 15th century a Common euphemism meaning "to have sexual intercourse with" [sic]
[etymonline] (n.) late 14c., occupiour, "one who takes or holds possession" (of lands, manors, a benefice, etc.), agent noun from occupy.
accept : [etymonline] (v.) late 14c., "to take what is offered; admit and agree to (a proposal, etc.)," from Old French accepter (14c.) or directly from Latin acceptare
"take or receive willingly," frequentative of accipere
"receive, get without effort," from ad "to" (see ad-) + capere "to take," from PIE root *kap- "to grasp." Related: Accepted; accepting.
acceptance : [etymonline] (n.) 1570s, from French acceptance, from accepter (see accept). The earlier word was acception (late 14c., accepcioun), from Latin acceptionem; it was common until c. 1700. Acceptation is from early 15c. as
"action of taking or receiving what is offered," 1590s as "state of being accepted."
balance of probabilities : [legal-dictionary.thefreedictionary.com] the standard of proof in civil cases, demanding that the side that produces the more probable version of events likely to have occurred should succeed. This is the kind of decision represented by the scales of justice. The court weighs up the evidence and decides which version is most probably true. Thus, the actual truth may never be known. The maxim melior est conditio defendentis, ‘
better is the position of the defender’ applies. When if the balance of evidence presented by both parties tends towards equality the defence will win.
[comment] In terms of the
common law there are no euphemisms; nor is the truth determined presumptively by a single Judge or Magistrate. In a
common law court of record the facts and evidence; along with testimony from a third party impartial witness are required so as to establish the truth and the law by way of utterance before an independent tribunal (a Jury.)
obviate : [etymonline] (v.) 1590s, "to meet and dispose of, clear (something) out of the way," from Late Latin obviatus, past participle of obviare
"act contrary to, go against," from Latin obvius "that is in the way, that moves against," from obviam (adv.) "in the way," from ob "in front of, against" (see ob-) + viam, accusative of via "way" (see via). Related: Obviated; obviating.
innocuous : [etymonline] (adj.) "harmless, producing no ill effect, incapable of
harm or mischief," 1590s, from Latin innocuus
"harmless; innocent; inoffensive," from in- "not" (see in- (1)) + nocuus "hurtful," from root of nocere "to injure, harm," from *nok-s-, suffixed form of PIE root *nek- (1) "death." Related: Innocuously; innocuousness.
probable : [etymonline] (adj.) late 14c., "likely, reasonable, plausible, having more evidence for than against," from Old French probable "provable, demonstrable" (14c.), from Latin probabilis
"worthy of approval, pleasing, agreeable, acceptable; provable, that may be assumed to be believed, credible," from probare
"to try, to test" (see prove). As a legal term, probable cause "reasonable cause or grounds" is attested from 1670s.
diffuse : [etymonline] (v.) 1520s (transitive), "to pour out and spread, cause to flow and spread;" 1650s (intransitive), "spread abroad, scatter in all directions;" from Latin diffusus, past participle of diffundere
"to pour out or away," from dis- "apart, in every direction" (see dis-) + fundere "to pour" (from nasalized form of PIE root *gheu- "to pour"). Related: Diffused; diffusing.
(adj.) early 15c., "hard to understand;" also, of writers, "verbose, using many words;" from Latin diffusus, past participle of diffundere
"scatter, pour out," from dis- "apart, in every direction" (see dis-) + fundere "to pour" (from nasalized form of PIE root *gheu- "to pour"). Meaning "widely spread or diffused, scattered" is from late 15c.
remediate : [etymonline] (v.) "remedy, redress, repair or remove something unwanted, restore to a natural or proper state," by 1961, a back-formation from remediation. Shakespeare seems to use it as an adjective in "Lear" (1605). The older verb is simply remedy. Related: Remediated; remediating.
[websters 1913] set straight or right; "remedy these deficiencies"; "rectify the inequities in salaries"; "repair an oversight." [wordnik.com] quoting wiktionary (v.) To correct or improve a deficiency or problem. (adj.)
rare,
archaic, education Intended to correct or improve deficient skills in some subject. [wordnet princeton university] (v.) set straight or right.
recompense : [etymonline] (n.) early 15c., "compensation, payment for a
debt or obligation; satisfaction, amends; retribution, punishment," from Medieval Latin recompensa and Old French recompense (13c., related to recompenser "make good, recompense"), from Late Latin recompensare (see recompense (v.)). The notion is "an equivalent or recompense for anything given," especially "reparation or restitution to another for some
wrong done to him." Earlier in the same sense is recompensation (late 14c., from Late Latin).
recompense (v.) c. 1400, recompensen, "to redress, provide as an equivalent," from Old French recompenser (14c.) and directly from Medieval Latin recompensare "to reward, remunerate," from Latin re- "again" (see re-) + compensare
"balance out," etymologically
"weigh together," from com "with, together" (see com-) + pensare, frequentative of pendere "to hang, cause to hang; weigh; pay" (from PIE root *(s)pen- "to draw, stretch, spin"). For the financial sense of the Latin verb, see pound (n.1). [comment] from Latin where there is an imbalance between two things; that together once again they be brought back into balance.
By early 15c. specifically as "to compensate, pay for services rendered or for loss of property, rights, etc.; make amends for by some equivalent; dispense punishments or rewards." "The spelling -ence is more frequent than the etymological -ense ... until the 19th c." [OED]. Related: Recompensed; recompensing.
remuneration : [etymonline] (n.) c. 1400, remuneracioun, "reward, recompense, payment," from Old French remuneracion and directly from Latin remunerationem (nominative remuneratio)
"a repaying, recompense," noun of action from past-participle stem of remunerari
"to pay, reward," from re- "back" (see re-) + munerari "to give," from munus (genitive muneris) "gift, office, duty" (see municipal).
remunerate : [etymonline] (v.) 1520s, "to recompense, pay (someone) for work done or services rendered," usually in a good sense, back-formation from remuneration or else from Latin remuneratus, past participle of remunerari (later remunerare)
"repay, reward," from re- "back" (see re-) + munerari "to give," from munus (genitive muneris) "gift, office, duty" (see municipal).
The sense of "reward or pay for services rendered or work done" is by 1580s. Of things, "to recompense," by 1849. Related: Remunerated; remunerating; remunerable.
produce : [etymonline] (v.) early 15c., producen, "develop, proceed, extend, lengthen out," from Latin producere
"lead or bring forth, draw out," figuratively "to promote, empower; stretch out, extend," from pro "before, forth" (from PIE root *per- (1) "forward," hence "in front of, before, forth") + ducere "to bring, lead" (from PIE root *deuk- "to lead").
The sense of "bring into being or existence" is from late 15c. That of "put (a play) on stage" is from 1580s. Of animals or plants, "generate, bear, bring forth, give birth to," 1520s. The meaning "cause, effect, or bring about by mental or physical labor" is from 1630s. In political economy, "create value; bring goods, manufactures, etc. into a state in which they will command a price," by 1827. Related: Produced; producing.
(n.) "thing or things produced," 1690s, from produce (v.), and originally accented like it. Specific sense of "agricultural productions" (as distinguished from manufactured goods) is from 1745.
product : [etymonline] (n.) early 15c., "mathematical quantity obtained by multiplication," from Medieval Latin productum, in classical Latin
"something produced," noun use of neuter past participle of producere "bring forth" (see produce (v.)). General sense of "anything produced" is attested in English from 1570s; political economy sense of "what is produced commercially for sale" is by 1890.
mutation : [etymonline] (n.) late 14c., mutacioun, "action or process of changing," from Old French mutacion (13c.), and directly from Latin mutationem (nominative mutatio)
"a changing, alteration, a turn for the worse," noun of action from past-participle stem of mutare
"to change" (from PIE root *mei- (1) "to change, go, move"). The genetics sense "process whereby heritable changes in DNA arise" is from 1894. The linguist's i-mutation is attested from 1874; earlier was i-umlaut (1869), from German, for which mutation was Sweet's English substitute.
mutant : [etymonline] (n.) 1900 in the biological sense, "individual or form which has arisen by or undergone (genetic) mutation," from Latin mutantem (nominative mutans)
"changing," present participle of mutare
"to change" (from PIE root *mei- (1) "to change, go, move"). In the science fiction sense, it is attested by 1954. As an adjective from 1903. [comment] Something that has undergone change differing from how it would normally be characterised from its inception.
panoply : [etymonline] (n.) 1570s, "complete suit of armor," from Greek panoplia
"complete suit of armor," from pan- "all" (see pan-) + hopla (plural), "arms" of a hoplites ("heavily armed soldier"); see hoplite. Originally in English figurative, of "spiritual armor," etc. (a reference to Ephesians vi); non-armorial sense of "any splendid array" is by 1829. Related: Panoplied. [comment] Also figuratively it is a splendid display; or an extensive, or impressive complete collection or array e.g. the full panoply of a presidential funeral.
hoplite : [etymonline] (n.) "heavy-armed foot soldier of ancient Greece," 1727, from Greek hoplites "heavy-armed," as a noun, "heavy-armed soldier, man-at-arms," from hopla "arms and armor, gear for war," plural of hoplon "tool, weapon, implement." One who carries a large shield, as opposed to a peltastes, so called for his small, light shield (pelte).
men : men are distinct from Mankind in general; being a group of persons one might identify as men i.e. a football team is made up of a group of men, or the army has many men. [comment] In general parlance men is understood to be the plural form of 'man'; however, in terms of the
common law the plural form for
man is Mankind. Men generally will only have
rights to the extent conceded to their persons as defined; however, the
rights that belong to a man, a subset of his
property, are inherent.
[Commonlaw Mini-Dictionary] not plural for man, believed to be of Je
wish origin, a term used to identify a fellow Jew as in the title
'Jewish'. [sic]
furnish : [etymonline] (v.) mid-15c.,
"fit out, equip, to provision" (a castle, ship, person); "provide (soldiers)," from Old French furniss-/forniss-, present participle stem of furnir/fornir "accomplish, carry out; equip, fit out; provide" (12c.), from Vulgar Latin *fornire, alteration of *fromire, from West Germanic *frumjan
"forward movement, advancement" (source also of Old High Ger
man frumjan
"to do, execute, provide"), from Proto-Germanic *fram- "forwards" (see from). General meaning "to provide" (something) is from 1520s; specifically "provide furniture for a room or house" from 1640s. Related: Furnished; furnishing.
material : [etymonline] (adj.) mid-14c., "real, ordinary; earthly, drawn from the material world" (contrasted with spiritual, mental, supernatural), a term in scholastic philosophy and theology, from Old French material, materiel (14c.) and directly from Late Latin materialis (adj.)
"of or belonging to matter," from Latin materia
"matter, stuff, wood, timber" (see matter (n.)).
From late 14c. as "made of matter, having material existence; material, physical, substantial." From late 15c. as
"important, relevant, necessary, pertaining to the matter or subject;" in the law of evidence,
"of legal significance to the cause" (1580s).
allegiance : [etymonline] (n.)
"ties or obligations of a citizen or subject to a government or sovereign," late 14c., formed in English from Anglo-French legaunce "loyalty of a liege-
man to his lord," from Old French legeance, from liege (see liege (adj.)). Corrupted in spelling by confusion with the now-obsolete legal term allegeance "alleviation, mitigation" (for which see allay (v.)). General figurative sense of "recognition of claims to respect or duty, observance of obligation" is attested from 1732. French allégeance in this sense is said to be from English.
necromancy : [etymonline] c. 1300, nygromauncy, nigromauncie, "sorcery, witchcraft, black magic," properly "divination by communication with the dead," from Old French nigromancie "magic, necromancy, witchcraft, sorcery," from Medieval Latin nigromantia (13c.), from Latin necromantia
"divination from an exhumed corpse," from Greek nekromanteia, from nekros "dead body" (from PIE root *nek- (1) "death") + manteia "divination, oracle," from manteuesthai "to prophesy," from mantis "one who divines, a seer, prophet; one touched by divine madness," from mainesthai "be inspired," which is related to menos "passion, spirit" (see mania). The spelling was influenced in Medieval Latin by niger "black," on notion of "black arts;" the modern English spelling is a mid-16c. correction. Related: Necromantic.
[Commonlaw Mini-Dictionary] Communicating with the Dead (Dead 'LEGAL FICTION') opposed to a Living being. [sic]
[comment] In reality one cannot communicate with the dead. Because a fictional entity has no life it has no capacity to speak, to believe, or to think. Where a
man or wo
man can make a
claim and where required utter the truth; the persons who would otherwise represent a fictional entity can only maintain a position. As such when a
man or wo
man in error would attempt to communicate with persons, who in court may represent a fictional entity, they are engaging figuratively in necromancy (communicating with the dead.) In court a
man or wo
man will make a
claim or
require a verifiable
claim from another
man or woman. Aside from this when persons of the court are communicating they should remain silent relying on the weight of their own
claim so to restore their rights.
delinquent : [etymonline] (n.) late 15c.,
"one who fails to perform a duty or discharge an obligation," also, generally, "an offender against the law," a noun use from Latin delinquentum (nominative delinquens), present participle of delinquere
"to fail; be wanting, fall short; do wrong, transgress, offend," from de- "completely" (see de-) + linquere "to leave" (from PIE root *leikw- "to leave"). As an adjective, "failing or neglectful in duty," from c. 1600 in English.
qualified : [etymonline] (adj.) 1580s, "fitted by accomplishments or endowments;" 1590s, "affected by some degree of restriction or modification;" past-participle adjective from qualify (v.). By 1886 and into mid-20c. as a British English euphemism for bloody or damned.
To be competent is to have the natural abilities or the general training necessary for any given work ; to be qualified is to have, in addition to competency, a special training, enabling one to begin the work effectively and at once. He who is competent may or may not
require time to become qualified; he who is not competent cannot become qualified, for it is not in him. [Century Dictionary]
qualify : [etymonline] (v.) mid-15c., qualifien, transitive, "to invest with (a quality), impart a certain quality to," from French qualifier (15c.) and directly from Medieval Latin qualificare
"attribute a quality to; make of a certain quality," from Latin qualis "of what sort?," correlative pronominal adjective (see quality) + combining form of facere "to make" (from PIE root *dhe- "to set, put").
Meaning "to limit, modify by a limitation or reservation, restrict" is from 1530s, as is the sense of "to have or have taken the necessary steps for rendering oneself capable of holding an office, etc." The sense of "to be or become fit for an employment, office, etc." is by 1580s. Related: Qualified; qualifying.
submit : [etymonline] (v.) late 14c., "to place (oneself) under the control of another, to yield oneself," from Latin submittere
"to yield, lower, let down, put under, reduce," from sub "under" (see sub-) + mittere "let go, send" (see mission). Transitive sense of "refer to another for consideration" first recorded 1550s. Related: Submitted; submitting.
[Commonlaw Mini-Dictionary] (v) 14th century "to place (oneself) under the control of another, to yield oneself," and Sense of Begging, [sic]
appease : [etymonline] (v.) c. 1300 "to reconcile," from Anglo-French apeser, Old French apaisier "to pacify, make peace, appease, be reconciled, placate" (12c.), from the phrase a paisier "bring to peace," from a "to" (see ad-) + pais, from Latin pacem (nominative pax)
"peace" (see peace). Meaning "pacify (one who is angry)" is from late 14c.; for political sense, see appeasement. Related: Appeased; appeasing.
concatenate : [etymonline] (v.) "to link together, unite in a series or chain, " 1590s, from Late Latin concatenatus, past participle of concatenare
"to link together," from com "with, together" (see con-) + catenare, from catena "a chain" (see chain (n.)). Related: Concatenated; concatenating. As an adjective, concatenate "linked together" is attested from 1540s.
disturb : (v.) late 13c. distourben, "to frighten, alarm, break up the tranquility of;" c. 1300, "to stop or hinder;" from Old French destorber (Old North French distourber) and directly from Latin disturbare
"throw into disorder," from dis- "completely" (see dis-) + turbare
"to disorder, disturb," from turba "turmoil" (see turbid). Related: Disturbed; disturbing; disturbingly.
Middle English also had the verb as distourblen, from Old French destorbler; hence also distourbler (n.) "one who disturbs or incites" (late 14c.).
reasonable : sound, sane and rational judgement; reasonable [etymonline] (adj.) c. 1300, resonable, "having sound judgment, endowed with the faculty of reason," from Old French raisonable, from Latin rationabilis, from ratio
"reckoning, understanding, motive, cause," from ratus, past participle of reri "to reckon, think" (from PIE root *re- "to reason, count").
Also originally "rational, sane," senses now obsolete. The sense shifted somewhat in Middle English via "due to or resulting from good judgment," then "not exceeding the bounds of common sense."
The meaning "moderate in price" is recorded from 1660s; earlier it meant "moderate in amount" (14c.). Related: Reasonably, which is from late 14c. as "according to reason," c. 1500 as "fairly tolerably;" reasonableness.
In law, "befitting a
person of reason or sound sense;" reasonable doubt (1670s) is doubt for which a pertinent reason can be assigned and which prevents conviction in the minds of jurors of the truth of the charge.
deliver : [etymonline] (v.) c. 1200, deliveren, "save, rescue, set free, liberate," from Old French delivrer "to set free; remove; save, preserve; hand over (goods)," also used of childbirth, from Late Latin deliberare, from de "away" (see de-) + Latin liberare
"to free," from liber "free, unrestricted, unimpeded" (see liberal (adj.)).
The sense of "to bring (a woman) to childbirth," in English is from c. 1300. Sense of "hand over, give, give up, yield" is from c. 1300 in English, which is in opposition to its etymological sense. Meaning "to project, cast, strike, throw" is from c. 1400. Related: Delivered; delivering.
deliver up : i.e. "return," is used more in a legal context. In terms of the
common law when seeking the return of
property a
man will
require the
restoration of
property communicated in the present tense with possibly an exhibit i.e. a picture.
obsequious : [etymonline] (adj.) late 15c., "prompt to serve, meekly compliant with the will or wishes of another, dutiful," from Latin obsequiosus
"compliant, obedient," from obsequium "compliance, dutiful service," from obsequi
"to accommodate oneself to the will of another," from ob "after" (see ob-) + sequi "to follow" (from PIE root *sekw- (1) "to follow"). Pejorative sense of "fawning, sycophantic, unduly compliant" had emerged by 1590s. Related: Obsequiously; obsequiousness (mid-15c.).
minion : [etymonline] (n.) c. 1500, "a favorite; a darling, one who or that which is beloved" (a sense now obsolete), from Old French mignon "a favorite, darling" (n.), also a term of (probably homosexual) abuse; as an adjective, "dainty, pleasing, favourite," from mignot "pretty, attractive, dainty, gracious, affectionate." The French word is of uncertain origin, perhaps from Celtic (compare Old Irish min "tender, soft"), or from Old High Ger
man minnja, minna "love, memory" (see minnesinger).
Used 16c.-17c. without disparaging overtones, but also from c. 1500 as "a favorite of a sovereign prince," especially
"an intriguing favorite, a low or servile dependent." It also was used from 16c. for "a pert or saucy girl." [The American Heritage Dictionary of the English Language] Gives an obsequious follower or dependent; a sycophant, or one who is highly esteemed or favoured; a darling.
mnemonic : [etymonline] (adj.) 1753,
"aiding the memory, intended to assist the memory;" 1825, "pertaining to the memory," a back-formation from mnemonics, or from a Latinized form of Greek mnēmonikos
"of or pertaining to memory," from mnēmōn (genitive mnēmonos) "remembering, mindful," from mnēmē "memory, a remembrance, record, an epitaph; memory as a mental faculty," from base of mnasthai "remember," from PIE root *men- (1) "to think." The noun meaning "mnemonic device" is from 1858. Related: Mnemonical (1660s).
arbitrary : [etymonline] (adj.) c. 1400, "deciding by one's own discretion, depending on one's judgment," from Latin arbitrarius "of arbitration," hence
"depending on the will, uncertain," from arbiter (see arbiter). The meaning in English gradually descended to "capricious, ungoverned by reason or rule, despotic" (1640s). Related: Arbitrarily; arbitrariness.
modus operandi : [etymonline] (n.) "way of doing or accomplishing," 1650s, Latin, literally
"mode of operating" (see modus). Abbreviation m.o. is attested from 1955.
modus : [etymonline] (n.) "way in which anything is done," 1640s, from Latin modus (plural modi)
"measure, extent, quantity; proper measure, rhythm, song; a way, manner, fashion, style," from PIE root *med- "take appropriate measures." Especially in modus operandi and modus vivendi (Latin: "way of living or getting along".)
fiend : [etymonline] (n.) Old English feond "enemy, foe, adversary," originally present participle of feogan "to hate," from Proto-Germanic *fijand- "hating, hostile" (source also of Old Frisian fiand "enemy," Old Saxon fiond, Middle Dutch viant, Dutch vijand "enemy," Old Norse fjandi, Old High Ger
man fiant, Gothic fijands), from suffixed form of PIE root *pe(i)- "to hurt" (source also of Sanskrit pijati "reviles, scorns;" Avestan paman-, name of a skin disease; Greek pema "disaster, sorrow, misery, woe;" Gothic faian "to blame").
As spelling suggests, the word originally was the opposite of friend (n.). Both are from the active participles of the Germanic verbs for "to love" and "to hate." Boutkan says the "fiend" word was a Germanic analogical formation from the "friend" word. According to Bammesberger ["English Etymology"], "The long vowel in FIEND is regular. In FRIEND the vowel has been shortened; perhaps the shortening is due to compounds like FRIENDSHIP, in which the consonant group (-nds-) regularly caused shortening of the preceeding long vowel."
Fiend at first described any hostile enemy (male and female, with abstract noun form feondscipe "fiendship"), but it began to be used in late Old English for "the Devil, Satan" (literally "adversary") as the "enemy of mankind," which shifted its sense to "diabolical person" (early 13c.). The old sense of the word devolved to foe, then to the imported word enemy. For spelling with -ie- see field. Meaning "devotee (of whatever is indicated)," as in dope fiend, is from 1865.
vociferous: [etymonline] (adj.) 1610s, from Latin vociferari "to shout, yell, cry out," from vox (genitive vocis) "voice" (from PIE root *wekw- "to speak") + stem of ferre "to carry" (from PIE root *bher- (1) "to carry"). Related: Vociferously; vociferousness.
(n.) c. 1400, from Latin vociferationem (nominative vociferatio),
"a loud calling, clamor, outcry," noun of action from past-participle stem of vociferari "to shout, yell, cry out" (see vociferous).
servitude : [etymonline] (n.) early 15c., earlier servitute (late 14c.), "slavery, bondage, condition of being enslaved," from Old French servitude, servitute (13c.) and directly from Late Latin servitudo
"slavery," from Latin servus "a slave" (see serve (v.)) + abstract noun suffix (see -tude). Also "state of being a feudal vassal" (c. 1500). The meaning "compulsory service or labor," such as a criminal undergoes, is by 1828.
Other words in similar senses, many obsolete, include servantship "state or condition of being a servant" (1570s); servage "servitude, bondage, slavery; serfdom, subjugation, feudal homage to a ruler" (c. 1300, from Old French servage and directly from Medieval Latin servagium); servity "slavery, servitude" (late 15c., from Latin servitus).
bailiff : [etymonline] (n.) c. 1300 (early 13c. in surnames), "subordinate administrative or judicial officer of the English crown, king's officer in a county, hundred, or other local district;" also "keeper of a royal castle;" also "minor judiciary officer under a sheriff," who serves writs, etc.; from Old French baillif (12c., nominative baillis) "administrative official, deputy," from Vulgar Latin *baiulivus "official in charge of a castle," from Latin baiulus "porter" (see bail (n.1)). From early 14c. as "agent of a lord, overseer of an estate" who directs operations, collects rents, etc.; also used in Middle English of an elected official in a town.
weird : [etymonline] (adj.) c. 1400, "having power to control fate," from wierd (n.), from Old English wyrd "fate, chance, fortune; destiny; the Fates," literally "that which comes," from Proto-Germanic *wurthiz (source also of Old Saxon wurd, Old High Ger
man wurt "fate," Old Norse urðr "fate, one of the three Norns"), from PIE *wert- "to turn, to wind," (source also of Ger
man werden, Old English weorðan "to become"), from root *wer- (2) "to turn, bend." For the sense development from "turning" to "becoming," compare phrase turn into "become."
The sense of "uncanny, supernatural" developed from Middle English use of weird sisters for the three Fates or Norns (in Germanic mythology), the goddesses who controlled hu
man destiny. They were portrayed as odd or frightening in appearance, as in "Macbeth" (and especially in 18th and 19th century productions of it), which led to the adjectival meaning "odd-looking, uncanny" (1815); "odd, strange, disturbingly different" (1820). Also see Macbeth. Related: Weirdly; weirdness.
circumscribe : [etymonline] (v.) late 14c., "to encompass; confine, restrain, mark out bounds or limits for," from Latin circumscribere
"to make a circle around, encircle, draw a line around; limit, restrain, confine, set the boundaries of," from circum "around, round about" (see circum-) + scribere "to write" (from PIE root *skribh- "to cut"). Related: Circumscribed; circumscribing.
fulmination : [etymonline] (n.) c. 1500, "act of thundering forth denunciations," from French fulmination, from Latin fulminationem (nominative fulminatio)
"a discharge of lightning," noun of action from past-participle stem of fulminare "to hurl lightning" (see fulminate). Literal sense "act of exploding or detonating" (1620s) is rare in English.
temerity : [etymonline] (n.) "extreme venturesomeness, rashness, recklessness," late 14c., from Latin temeritatem (nominative temeritas)
"blind chance, accident; rashness, indiscretion, foolhardiness," from temere "by chance, at random; indiscreetly, rashly, recklessly;" probably, etymologically, "blindly," from PIE root *temsro- "dark" (adj.), source also of Sanskrit tamisra- "dark night," tamsrah "dark;" Avestan temah "darkness;" Middle Persian tar "darkness," tarig "dark;" Lithuanian tamsa "darkness," tamsus "dark;" Old Church Slavonic tima "darkness;" Old High Ger
man dinstar "dark," demar "twilight;" Old Irish temel "darkness." The connecting notion would be "blindly, in darkness," hence "without foreseeing." Compare Latin tenebrio "dishonest person," apparently "
person who operates in darkness" (see tenebrous).
expiation: [etymonline] (n.) "act of making satisfaction or reparation for an offense, atonement, reparation," early 15c., expiacioun, from Latin expiationem (nominative expiatio)
"satisfaction, atonement," noun of action from past-participle stem of expiare "make amends for, atone for; purge by sacrifice, make good," from ex- "completely" (see ex-) + piare "propitiate, appease," from pius "faithful, loyal, devout" (see pious).
ameliorate : [etymonline] (v.) 1728,
"to make better," in some cases perhaps a back-formation from amelioration on pattern of French améliorer, or else from Medieval Latin amelioratus, past participle of ameliorare. The intransitive sense of
"grow better" is by 1789. The simpler form meliorate was used in Middle English. Related: Ameliorated; ameliorating; ameliorable.
vassal : [etymonline] (n.) early 14c. (c. 1200 as a surname) "tenant who pledges fealty to a lord," from Old French vassal "subject, subordinate, servant" (12c.), from Medieval Latin vassallus
"manservant, domestic, retainer," extended from vassus "servant," from Old Celtic *wasso- "young man, squire" (source also of Welsh gwas "youth, servant," Breton goaz "servant, vassal, man," Irish foss "servant"), literally "one who stands under," from PIE root *upo "under." The adjective is recorded from 1580s.
fealty : [etymonline] (n.) c. 1300, feaute, from Old French feauté, earlier fealte, "loyalty, fidelity; homage sworn by a vassal to his overlord; faithfulness," from Latin fidelitatem (nominative fidelitas)
"faithfulness, fidelity," from fidelis "loyal, faithful" (from PIE root *bheidh- "to trust, confide, persuade").
antithetic : [etymonline] (adj.) "containing an antithesis," c. 1600, from Latinized form of Greek antithetikos "contrasting, setting in opposition," from antithetos "placed in opposition," from antithesis "opposition, resistance," literally "a placing against" (see antithesis).
existential : [etymonline] (adj.) 1690s,
"pertaining to existence," from Late Latin existentialis/exsistentialis, from existentia/exsistentia (see existence). As a term in logic, "expressing or stating the fact of existence," from 1819; in philosophy, from 1937, tracing back to the Danish works of Kierkegaard (see existentialism). Related: Existentially.
abscond : [etymonline] (v.)
"depart suddenly and secretly," especially to escape
debt or the law, 1560s, from French abscondre "to hide" and directly from Latin abscondere
"to hide, conceal, put out of sight," from assimilated form of ab "off, away from" (see ab-) + condere "put together, store," from assimilated form of com- "together" (see com-) + -dere "put" (from PIE root *dhe- "to put, place"). Related: Absconded; absconder; absconding.
denunciation : [etymonline] (n.) early 15c., denunciacioun,
"act of declaring or stating something" (a sense now obsolete), from Latin denunciacionem / denuntiationem (nominative denuntiatio), noun of action from past-participle stem of denuntiare
"to announce, proclaim; denounce, menace; command, order," from de "down" (see de-) + nuntiare "proclaim, announce," from nuntius "messenger" (from PIE root *neu- "to shout"). Meaning "a charge, a solemn or formal declaration accompanied by a menace" is mid-15c.
lewd : [etymonline] (adj.) Middle English leued, from Old English læwede
"nonclerical, unlearned," of uncertain origin but according to OED probably ultimately from Vulgar Latin *laigo-, from Late Latin laicus
"belonging to the people" (see lay (adj.)).
Sense of
"unlettered, uneducated" (early 13c.) descended to
"coarse, vile, lustful" by late 14c. In Middle English often paired alliteratively with learned. It also was a noun in Old English, "layman;" for nouns, Elizabethan English made lewdster, lewdsby. Related: Lewdly; lewdness.
lascivious : [etymonline] (adj.) mid-15c., "lustful, inclined to lust," from Medieval Latin lasciviosus
(used in a scolding sense by Isidore and other early Church writers), from Latin lascivia "lewdness, playfulness, fun, frolicsomeness, jolity," from lascivus "lewd, playful, undesigned, frolicsome, wanton."
This is from PIE *las-ko-, from the root *las- "to be eager, wanton, or unruly" (source also of Sanskrit -lasati "yearns," lasati "plays, frolics," Hittite ilaliya- "to desire, covet," Greek laste "harlot," Old Church Slavonic laska "flattery," Slovak laska "love," Russian lasyj "greedy, eager, affectionate," Old Irish lainn "greedy, eager," Gothic lustus, Old English lust "lust").
Meaning "tending to excite lust" is from 1580s. Related: Lasciviously. In 17c. also with a verbal form, lasciviate, now obsolete.
viability : [etymonline] taken from viable 1828, from French viable "capable of life" (1530s), from vie "life" (from Latin vita "life," from PIE root *gwei- "to live") + -able. Originally of newborn infants; generalized sense is first recorded 1848. Related: Viably.
accrued jurisdiction : [wikipedia] within the context of the Australian legal system accrued jurisdiction is the power held over state matters by federal courts. Accrued jurisdiction will occur when there are several cases brought to the Federal Court of Australia (FCA) where there are competing jurisdictions between them. In essence the state vests judicial authority in the federal court.
[Richard Maurice (Edmond Barton Chambers)] Accrued jurisdiction in the Family Court. Independently of the Cross Vesting scheme accrued jurisdiction permits the accrual of non-federal jurisdiction to a Court exercising federal jurisdiction so that it may determine the entirety of the matter before it, and not simply aggregates of the Federal aspects of the case.
doubt : [etymonline] (v.) c. 1200, douten, duten, "to dread, fear, be afraid" (a sense now obsolete), from Old French doter "doubt, be doubtful; be afraid," from Latin dubitare
"to doubt, question, hesitate, waver in opinion" (related to dubius "uncertain"), from duo "two" (from PIE root *dwo- "two"), with a sense of "of two minds, undecided between two things." Compare dubious. Etymologically, "to have to choose between two things."
The sense of "fear" developed in Old French and was passed on to English. Meaning "to be uncertain, hesitate or waver in opinion" is attested in English from c. 1300. The transitive senses of "be uncertain as to the truth or fact of" and "distrust, be uncertain with regard to" are from c. 1300.
The -b- was restored 14c.-16c. in French and English by scribes in imitation of Latin. French dropped it again in 17c., but English has retained it.
It replaced Old English tweogan (noun twynung), from tweon "two," on notion of "of two minds" or the choice between two implied in Latin dubitare. Compare Ger
man Zweifel "doubt," from zwei "two."
direct : [etymonline] (v.) late 14c., directen,
"to write or address (a letter, words)" to someone, also "to point or make known a course to," from Latin directus past participle of dirigere
"set straight, arrange; give a particular direction to, send in a straight line; guide" a thing, either to something or according to something, from dis- "apart" (see dis-) + regere "to direct, to guide, keep straight" (from PIE root *reg- "move in a straight line"). Compare dress; address.
Sense of "to point or aim in a straight line toward a place or an object" is from c. 1400. Meaning "to govern, regulate as to behavior, prescribe the course or actions of" is from early 15c. Sense of "to order, ordain" is from 1650s. Sense of "to write the destination on the outside of a letter" had emerged by 17c. In reference to plays, films, etc., "to supervise and control the making of," it is attested from 1913. Related: Directed; directing.
[etymonline] (adj.) c. 1400, "straight, undeviating, not crooked," from Old French direct (13c.) and directly from Latin directus
"straight," adjectival use of past participle of dirigere "to set straight," from dis- "apart" (see dis-) + regere "to direct, to guide, keep straight" (from PIE root *reg- "move in a straight line"). Meaning "plain, expressive, not ambiguous" is from 1580s.
misdirect : [etymonline] (v.)
"give erroneous information or instruction to, give a wrong course of direction to," c. 1600, from mis- (1) "badly, wrongly" + direct (v.). Related: Misdirected; misdirecting.
support : [etymonline] (v.) late 14c.,
"to aid," also
"to hold up, prop up, put up with, tolerate," from Old French suporter "to bear, endure, sustain, support" (14c.), from Latin supportare
"convey, carry, bring up, bring forward," from assimilated form of sub "up from under" (see sub-) + portare "to carry," from PIE root *per- (2) "to lead, pass over." Related: Supported; supporting.
dilate : [etymonline] (v.) late 14c., dilaten, "describe at length, speak at length," from Old French dilater and directly from Late Latin dilatare
"make wider, enlarge," from dis- "apart" (see dis-) + lātus "broad, wide, widespread, extended" (see latitude). Meaning "expand, distend, spread out, enlarge in all directions" (transitive) is from early 15c.; intransitive sense of "spread out, expand, distend" also is from early 15c. A doublet of delay. Related: Dilated; dilating.
pontificate : [etymonline] (v.) 1818, "to act as a pontiff, say pontifical Mass," from Medieval Latin pontificatus, past participle of pontificare "to be a pontifex," from Latin pontifex (see pontiff). Especially
"to assume pompous and dignified airs, issue dogmatic decrees" (1825). Meaning "to say (something) in a pompous or dogmatic way" is from 1922. Related: Pontificated; pontificating.
trivial : [etymonline] (adj.)
"ordinary" (1580s);
"insignificant, trifling" (1590s), from Latin trivialis
"common, commonplace, vulgar," literally "of or belonging to the crossroads," from trivium "place where three roads meet," in transferred use, "an open place, a public place," from tri- "three" (see three) + via "road" (see via). The sense connection is "public," hence "common, commonplace."
The earliest use of the word in English was early 15c., a separate borrowing in the academic sense "of the trivium" (the first three liberal arts -- grammar, rhetoric, and logic); from Medieval Latin use of trivialis in the sense "of the first three liberal arts," from trivium, neuter of the Latin adjective trivius "of three roads, of the crossroads." Related: Trivially. For sense evolution to "pertaining to useless information," see trivia.
literal : [etymonline] (adj.) late 14c., "taking words in their natural meaning" (originally in reference to Scripture and opposed to mystical or allegorical), from Late Latin literalis/litteralis
"of or belonging to letters or writing," from Latin litera/littera
"letter, alphabetic sign; literature, books" (see letter (n.1)). Related: Literalness.
Meaning "of or pertaining to alphabetic letters" is from late 14c. Meaning "concerned with letters and learning, learned, scholarly" is from mid-15c. Sense of "verbally exact, according to the letter of verbal expression" is attested from 1590s, as is application to the primary sense of a word or passage. Literal-minded is attested from 1791.
intemperate : [etymonline] (adj.)
"characterized by excessive indulgence in a passion or appetite," late 14c., from Latin intemperatus
"excessive, immoderate," from in- "not, opposite of" (see in- (1)) + temperatus "restrained, regulated, limited, moderate, sober, calm, steady," past participle of temperare "to moderate" (see temper (v.)). Related: Intemperately.
temperate : [etymonline] (adj.) late 14c., of persons,
"modest, forbearing, self-restrained, not swayed by passion;" of climates or seasons, "not liable to excessive heat or cold," from Latin temperatus
"restrained, regulated, limited, moderate, sober, calm, steady," from past participle of temperare "to moderate, regulate" (see temper (v.)). Related: Temperately; temperateness. Temperate zone is attested from 1550s.
wanton : [etymonline] (adj.) early 14c., wan-towen,
"resistant to control; willful," from Middle English privative word-forming element wan- "wanting, lacking, deficient," from Old English wan-, which was used interchangeably with un- (1), and is cognate with Dutch wan- (as in wanbestuur "misgovernment," wanluid "discordant sound"), Swedish and Danish van-, from Proto-Germanic *wano- "lacking," from PIE *weno-, suffixed form of root *eue- "to leave, abandon, give out." Common in Old and Middle English, still present in 18c. glossaries of Scottish and Northern English; this word is its sole modern survival.
Second element is Middle English towen, from Old English togen, past participle of teon "to train, discipline;" literally "to pull, draw," from Proto-Germanic *teuhan (source also of Old High Ger
man ziohan "to pull," from Proto-Germanic *teuhan; see tug (v.)). The basic notion perhaps is "ill-bred, poorly brought up;" compare Ger
man ungezogen "ill-bred, rude, naughty," literally "unpulled." Especially of sexual indulgence from late 14c. Meaning "inhumane, merciless" is from 1510s. Related: Wantonly; wantonness.
(n.)
"one who is ill-behaved," mid-15c., especially "lascivious, lewd person" (1520s), from wanton (adj.).
(v.)
"to revel, frolic unrestrainedly," 1580s, from wanton (adj.). Related: Wantoned; wantoning.
damages : [lawright.org.au] Damages are a concept in English
Common Law i.e. A sum of
money awarded by the courts for the purpose of replacing the monetary value of
property or
rights which have been lost or damaged, or to cover expenses, loss, pain and suffering relating to a victim’s injury or death.
Additionally damages are a form of compensation. Compensation is a broader concept which encompasses, for example,
money awarded under statutory schemes. On the other hand, damages are usually ordered by the court in actions for breach of contract or in tort (that is, a
wrong or breach of duty).
In terms of the
common law a
man or wo
man will not
seek damages; rather,
require in an
order either fair and just compensation, or the
restoration of property.