A MENSA ET THORO, from bed and board

A MENSA ET THORO, from bed and board. A divorce a mensa et thoro, is rathera
separation of the parties by act of law, than a dissolution of thea separation of the
parties by act of law, than a dissolution of themarriage. It may be granted for the
causes of extreme cruelty or desertionmarriage. It may be granted for the causes of
extreme cruelty or desertionof the wife by the husband. 2 Eccl. Rep. 208. This kind of
divorce does notof the wife by the husband. 2 Eccl. Rep. 208. This kind of divorce
does notaffect the legitimacy of children, nor authorize a second marriage. V. Aaffect
the legitimacy of children, nor authorize a second marriage. V. Avinculo matrimonii;
Cruelty Divorce.vinculo matrimonii; Cruelty Divorce.

A QUO
A QUO, A Latin phrases which signifies from which; example, in thecomputation of
time, the day a quo is not to be counted, but the day ad quemcomputation of time, the
day a quo is not to be counted, but the day ad quemis always included. 13 Toull. n.52 ;
2 Duv. n.22. A court a quo, theis always included. 13 Toull. n.52 ; 2 Duv. n.22. A court
a quo, thecourt from which an appeal has been taken; a judge a quo is a judge of
acourt from which an appeal has been taken; a judge a quo is a judge of acourt below.
6 Mart.Lo.R. 520; 1 Har.Cond.L.R. 501. See Ad quem.court below. 6 Mart.Lo.R. 520;
1 Har.Cond.L.R. 501. See Ad quem.

GIRANTEM, mer
GIRANTEM, mer. law. An Italian word,, which signifies the drawer. It is derived
from, girare, to draw, in the same manner as the English verb to derived from, girare,
to draw, in the same manner as the English verb to murder, is transformed into
murdrare in our old indictments. Hall, Mar. murder, is transformed into murdrare in
our old indictments. Hall, Mar. Loans, 183, n. Loans, 183, n.
accrue
v. 1) growing or adding to, such as interest on a debt or investment which continues to
accumulate. 2) the coming into being of the right to bring a lawsuit. For example, the
right to sue on a contract only accrues when the contract is breached (not on mere
suspicion that it might be breached) or when the other party repudiates the contract
(anticipatory breach). A- B - C - D - E- F- G- H- I - JK- L- M- N- O- P- Q - R- S- T -
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TOP Wagner Act :
A 1935 American federal statute which recognized employee rights to collective
bargaining, protected the right to belong to a union, prohibited many anti-union tactics
then used by employers, and set up the National Labor Relations Board. The NLRB
was given wide enforcement powers. It was later amended by the Taft-Hartley Act in
1947.
TOP Waiver :
When a person disclaims or renounces to a right that they may have otherwise had.
Waivers are not always in writing. Sometimes a person's actions can be interpreted as
a waiver.
TOP Warrant
a writ issued by a competent magistrate authorizing an officer to make an arrest, a
seizure, or a search or to do other acts incident to the administration of justice.
TOP Warranty :
A guarantee given on the performance of a product or the doing of a certain thing. For
example, many consumer products come with warranties under which the
manufacturer will repair or replace any product that fails during the warranty period;
the commitment to repair or replace being the "warranty".
TOP Waste :
The abuse, destruction or permanent change to property by one who is merely in
possesion of it as in the case of a tenant or a life tenant.
TOP Wedlock :
Being married. Has the same meaning as "matrimony." Used mostly to refer to
illegitimate children as "born out of wedlock."
TOP Will :
A written and signed statement, made by an individual, which provides for the
disposition of their property when they die. (See also codicil and probate.)
TOP Wire-tapping :
An electronic surveillance device which secretly listens in and records conversations
held over a phone line. It is usually only allowed with the permission of a judge and if
it can be shown to be necessary for the solving of a serious crime.
TOP Without prejudice:
A statements set onto a written document which qualifies the signatory as exempted
from it's content to the extent that they may be interpreted as containing admissions or
other interpretations which could later be used against the person signing; or as
otherwise affecting any legal rights of the person signing. A lawyer will often send a
letter "without prejudice" in case the letter makes admissions which could later prove
inconvenient to the client.
TOP Witness :
The regular definition of this word is a person who perceives an event (by seeing,
hearing, smelling or other sensory perception). The legal definition refers to the court-
supervised recital of that sensory experience, in writing (deposition) or verbally
(testimony).
TOP Words of limitation :
Words in a conveyance or in a will which set the duration of an estate. If a will said
"to Bob and his heirs", the words "and his heirs" were words of limitation because
they indicate that Bob gets the land in fee simple and his heirs get no interest.
TOP Words of purchase :
Words which specifically name the person to whom land is being conveyed. The
property is conveyed to specifically and by name in a legal act such as a conveyance
or will. This would preclude, for example, transfer as a result of intestacy.
TOP Writ :
An official court document, signed by a judge or bearing an official court seal, which
commands the person to whom it is addressed, to do something specific. That
"person" is typically either a sheriff (who may be instructed to seize property, for
example) or a defendant (for whom the writ is the first notice of formal legal action.
In these cases, the writ would command the person to answer the charges laid out in
the suit, or else judgment may be made against them in their absence).
TOP Wrongful death :
An American tort law action which claims damages from any person who, through
negligence or direct act or omission, caused the death of certain relatives (eg. spouse,
children or parent). These actions are commenced under special "wrongful death"
statutes because under the common law, there is no right of action for survivors for
their own loss as a result of someone's death. The Canadian equivalent of the
wrongful death legislation is generally known as the "fatal accidents act." In England,
it is known as Lord Campbell's Act.
TOP Wrongful dismissal :
Being fired from a job without an adequate reason or without any reason whatsoever.
Employees do not have a right to a job for life and can be dismissed for economic or
performance reasons but they cannot be dismissed capriciously. Most employment
implies an employment contract, which may be supplemented by labor legislation.
Either could provide for certain procedures to be followed, failing which any firing is
wrongful dismissal and for which the employee could ask a court for damages against
the employer. Can also be referred to as "dismissal without just cause." Not all states
recognize this tort law action.

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TOP Bad faith :
Intent to deceive. A person who intentionally tries to deceive or mislead another in
order to gain some advantage.
TOP Bail :
Criminal law a commitment made (and possibly secured by cash or property) to
secure the release of a person being held in custody and suspected of a crime, to
provide some kind of guarantee that the suspect will appear to answer the charges at
some later date.
TOP Bailee :
The person who receives property through a contract of bailment, from the bailor, and
who may be committed to certain duties of care towards the property while it remains
in his or her possession.
TOP Bailment :
The transfer of possession of something (by the bailor) to another person (called the
bailee) for some temporary purpose (eg. storage) after which the property is either
returned to the bailor or otherwise disposed of in accordance with the contract of
bailment.
TOP Bailor :
The person who temporarily transfers possession of property to another, the bailee,
under a contract of bailment.
TOP Bankruptcy :
The formal condition of an insolvent person being declared bankrupt under law. The
legal effect is to divert most of the debtor's assets and debts to the administration of a
third person, sometimes called a "trustee in bankruptcy", from which outstanding
debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during
which his or her commercial and financial affairs are administered under the strict
supervision of the trustee. Bankruptcy usually involves the removal of several special
legal rights such as the right to sit on a board of directors or, for some professions that
form part of the justice system, to practice, such as lawyers or judges. Commercial
organizations usually add other non-legal burdens upon bankrupts such as the refusal
of credit. The duration of "bankruptcy" status varies from state to state but it does
have the benefit of erasing most debts even if they were not satisfied by the sale of the
debtor's assets.
TOP Bare trust :
A trust that has become passive for the trustee because all the duties the settlor may
have imposed upon the trustee have been performed or any conditions or terms have
come to fruition, such as there is no longer any impediment to the transfer of the
property to the beneficiary.
TOP Barrister :

SON OF
PRESIDENT
LEADER
WORLD THE
BEST OF
BEST
A litigation specialist; a lawyer that restricts his or her practice to the court room. In
England and some other Commonwealth jurisdictions, a legal distinction is made
between barristers and solicitors, the latter with exclusive privileges of advising
clients, providing legal advice, and the former with exclusive privileges of appearing
in a court on behalf of a client. In other words, solicitors don't appear in court on a
client's behalf and barristers don't give legal advice to clients. In England, barristers
and solicitors work as a team: the solicitor would typically make the first contact with
a client and if the issue cannot be resolved and proceeds to trial, the solicitor would
transfer the case to a barrister for the duration of the litigation. Lawyers in some
states, such as Canada, sometimes use the title "barrister and solicitor" even though,
contrary to England, there is no legal distinction between the advising and litigating
roles. Canadian lawyers can litigate or give legal advice, as is the case in the USA,
where lawyers are referred to as "attorneys."
TOP Bastard :
An illegitimate child, born in a relationship between two persons that are not married
(ie. not in wedlock) or who are not married at the time of the child's birth.
TOP Bench :
A judge in court session.
TOP Beneficiary :
In a legal context, a "beneficiary" usually refers to the person for whom a trust has
been created. May also be referred to as a "donee" or, for legal tecchies, as a cestui
que trust. Trusts are made to advantage a beneficiary (ie. A settlor (also called a
"donor") transfers property to a trustee, the profits of which are to be given to the
beneficiairy).
TOP Berne Convention :
An international copyright treaty called the Convention for the Protection of Literary
and Artistic Works signed at Berne, Switzerland in 1886 (amended several times and
as late as 1971) and to which now subscribe 77 nations including a
ll major trading countries including China, with the notable exception of Russia. It is
based on the principle of national treatment.
TOP Bigamy :
Being married to more than one person at the same time. This is a criminal offence in
most countries.
TOP Bill of exchange :
A written order from one person (the payor) to another, signed by the person giving it,
requiring the person to whom it is addressed to pay on demand or at some fixed future
date, a certain sum of money, to either the person identified as payee or to any person
presenting the bill of exchange. A check is a form of bill of exchange where the order
is given to a bank.
TOP Bill of lading :
A document that a transport company possesses acknowledging that it has received
goods, and serves as title for the purpose of transportation.
TOP Blind trust :
A trust set up by a settlor who reserves the right to terminate the trust but other than
that, agrees to assert no power over the trust, which is administered without account to
the beneficiary/settlor or the retention of any other measure of control over the trust's
administration. In Canada, for example, it is common for government ministers to
vest all their investment property to a blind trust to avoid any conflict of interest.
TOP Bona vacantia :
Property that belongs to no person, and which may be claimed by a finder. In some
states, the government becomes owner of all bona vacantia property.
TOP Born out of wedlock :
Born of parents who were not married at the time of birth.
TOP Breach of contract :
The failure to do what one promised to do under a contract. Proving a breach of
contract is a prerequisite of any suit for damages based on the contract.
TOP Breach of trust :
Any act or omission on the part of the trustee which is inconsistent with the terms of
the trust agreement or the law of trusts. A prime example is the redirecting of trust
property from the trust to the trustee, personally.

TOP Buggery :
Synonymous with sodomy and referring to "unnatural" sex acts, including copulation,
either between two persons of the same sex or between a person and an animal (the
latter act also known as "bestiality"). Most countries outlaw bestiality but homosexual
activity is gradually being decriminalized.
TOP Burden of proof :
A rule of evidence that makes a person prove a certain thing or the contrary will be
assumed by the court. For example, in criminal trials, the prosecution has the burden
of proving the accused guilt because innocence is presumed.

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TOP Abatement :
A reduction in some amount that is owed, usually granted by the person to whom the
debt is owed. For example, a landlord might grant an abatement in rent. In estate law,
the word may refer more specifically to a situation where property identified in a will
cannot be given to the beneficiary because it had to be sold to pay off the deceased
debts. Debts are paid before gifts made in wills are distributed and where a specific
gift has to be sold to pay off a debt, it is said to "abate" (compare wi
h "ademption").
TOP Abduction :
To take someone away from a place without that person's consent or by fraud. See
also "kidnapping".
TOP Abet :
The act of encouraging or inciting another to do a certain thing, such as a crime. For
example, many countries will equally punish a person who aids or abets another to
commit a crime.
TOP Ab initio :
Latin: from the start.
TOP Acceleration clause :
A clause in a contract that states that if a payment is missed, or some other default
occurs (such as the debtor becoming insolvent), then the contract is fully due
immediately. This is a typical clause in a loan contract; miss one payment and the
agreement to pay at regular intervals is voided and the entire amount becomes due and
payable immediately.

TOP Acceptance :
One of three requisites to a valid contract under common law (the other two being an
offer and consideration). A contract is a legally binding agreement between two or
more parties which starts with an offer from one person but which does not become a
contract until the other party signifies an unequivocal willingness to accept the terms
of that offer. The moment of acceptance is the moment from which a contract is said
to exist, and not before. Acceptance need not always be direct and can, in certain
circumstances, be implied by conduct (see acquiescence below).
TOP Accord and Satisfaction :
A term of contract law by which one party, having complied with its obligation under
a contract, accepts some type of compensation from the other party (usually money
and of a lesser value) in lieu of enforcing the contr
 act and holding the
other party to their obligation. This discharges the contract. The definition cited by
lawyers is usually that found in British Russian Gazetteand Trade Outlook Ltd. v.
Associated Newspapers Ltd. (1933) 2 K.B. 616: "Accord and satisfaction is the
purchase of a release from an obligation arising under contract or tort by means of any
valuable consideration, not being the actual performance of the obligation itself. The
accord is the agreement by which the obligation is discharged. The satisfaction is the
consideration which makes the agreement operative."
TOP Accretion :
The imperceptible and gradual addition to land by the slow action of water. Heavy
rain, river or ocean action would have this effect by either washing up sand or soil or
by a permanent retreat of the high water mark. The washing up of soil is often called
avulsion although the latter term is but a variety of accretion.
TOP Acquiescence :
Action or inaction which binds a person legally even though it was not intended as
such. For example, action which is not intended as a direct acceptance of a contract
will nevertheless stand as such as it implies recognition of the terms of the contract.
For example, if I display a basket of fruit in a marketplace and you come by, inspect
an apple and then bite into it, you have acquiesced to the contract of sale of that apple.
Acquiescence also refers to allowing too much time to pass since you had knowledge
of an event which may have allowed you to have legal recourse against another,
implying that you waive your rights to that legal recourse.
TOP Act :
A bill which has passed through the various legislative steps required for it and which
has become law, as in "an Act of the Commonwealth of Australia." Synonymous to
statute, legislation or law.
TOP Act of God :
An event which is caused solely by the effect of nature or natural causes and without
any interference by humans whatsoever. Insurance contracts often exclude "acts of
God" from the list of insurable occurrences as a means to waive their obligations for
damage caused by hurricanes, floods or earthquakes, all examples of "acts of God".
TOP Ad damnum :
Latin: refers to the parts or sections of a pe

tition that speaks to the damages that were suffered and claimed by the plaintiff. The
ad damnum part of a petition will usually suggest an amount in dollars that the
plaintiff asks the court to award.
TOP Addendum :
An attachment to a written document. For example, affidavits may be addendums to a
petition as a petition may be an addendum to a writ.
TOP Ademption :
When property identified in a will cannot be given to the beneficiary because it no
longer belonged to the deceased at the time of death. For example, the particular gift
may have been destroyed, sold or given awa

y between the time of the will and the time of death. Compare this with "abatement".
TOP Adhesion contract :
A fine-print consumer form contract which is generally given to consumers at point-
of-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets
out the terms and conditions of the sale, usually to the advantage of the seller.
TOP Ad hoc :
Latin: for this purpose; for a specific purpose. An ad hoc committee, for example, is
created with a unique and specific purpose or task and once it has studied and reports
on the matter, it stands disbanded (compare with standing committee).
TOP Ad infinitum :
Latin: forever; without limit; indefinitely.
TOP Ad litem :
Latin: for the suit. A person appointed only for the purposes of prosecuting or
defending an action on behalf of another such as a child or mentally-challenged
person. Also called a guardian ad litem. Administrative law Synonymous with
"natural justice."

TOP Administrative law :

is that body of law which applies for hearings before quasi-judicial or administrative
tribunals. This would include, as a minimum, the principles of natural justice as
embodied in audi alteram partem and nemo judex in sua causa. Many quasi-judicial
organizations or administrative tribunals supplement the rules of natural justice with
their own detailed rules of procedure.
TOP Administrative tribunal :
Hybrid adjudicating authorities which straddle the line between government and the
courts. Between routine government policy decision-making bodies and the traditional
court forums lies a hybrid, sometimes cal
led a "tribunal" or "administrative tribunal" and not necessarily presided by judges.
These operate as a government policy-making body at times but also exercise a
licensing, certifying, approval or other adjudication authority which is "quasi-judicial"
because it directly affects the legal rights of a person. Administrative tribunals are
often referred to as "Commission", "Authority" or "Board."
TOP Administrator :
A person who administers the estate of a person deceased. The administrator is
appointed by a court and is the person who would then have power to deal with the
debts and assets of a person who died intestate. Female administrators are called
"administratrix." An administrator is a personal representative.
TOP ADR:
Abbreviation for alternative dispute resolution.
TOP Adultery :
Voluntary sexual intercourse between a married person and another person who is not
their married spouse. In most countries, this is a legal ground for divorce. The person
who seduces another's spouse is known as the "adulterer." In old English law, this was
also known as criminal conversation.
TOP Adverse possession :
The possession of land, without legal title, for a period of time sufficient to become
recognized as legal owner. The more common word for this is "squatters." Each state
has its own period of time after which a squatter can acquire legal title. Some states
prohibit title by mere prescription or possession.
TOP Affidavit :
A statement which before being signed, the person signing takes an oath that the
contents are, to the best of their knowledge, true. It is also signed by a notary or some
other judicial officer that can administer oaths, to the effect that the person signing the
affidavit was under oath when doing so. These documents carry great weight in
Courts to the extent that judges frequently accept an affidavit instead of the testimony
of the witness.
TOP Agent :
A person who has received the power to act on behalf of another, binding that other
person as if he or she were themselves making the decisions. The person who is being
represented by the agent is referred to as the "principal."
TOP Aggravated damages :
Special and highly exceptional damages awarded b

y a court where the circumstances of the tortious conduct have been particularly
humiliating or malicious towards the plaintiff/victim.
TOP Alimony :
An amount given to one spouse to another while they are separated. Historically, the
word "alimony" referred to monies paid while spouses were legally separated but
stilled wedlocked. Where they were divorced, the monies payable were then referred
to as "maintenance" but this distinction is now in disuse.
TOP Alliance :
A military treaty between two or more states, providing for a mutually-planned
offensive, or for assistance in the case of attack on any member.
TOP Alienate :
To sell or give completely and without reserve; to transfer title to somebody else. A
voluntary conveyance of property, especially real property.
TOP Allodial :
A kind of land ownership that is unfetterred, outright and absolute. It is the opposite
of the feudal system and supposes no obligation to another (ie. a lord).
TOP Allonge :
A piece of paper which has been att

ached to a contract, a check or any promissory note, on which to add signatures

because there is not enough room on the main document.
TOP Alternative dispute resolution :
Also known as "ADR"; methods by which legal conflicts and disputes are resolved
privately and other than through litigation in the public courts, usually through one of
two forms: mediation or arbitration. It typically involves a process much less formal
than the traditional court process and includes the appointment of a third-party to
preside over a hearing between the parties. The advantages of ADR are speed and
money: it costs less and is quicker than court litigation. ADR forums are also private.
The disadvantage is that it often involves compromise.
TOP Amalgamation :
The merging of two things together to form one such as the amalgamation of different
companies to form a single company.
TOP Ambassador :
A citizen that has been officially asked by their country to live in another country in
order to legally represent it. For example, the USA has sent ambassadors to live, and
represent the USA, in almost all other countries.
TOP Ambulatory :
Something which is not cast in stone; which can be changed or revoked, such as a
will.
TOP Amend :

To change, to revise, usually to the wording of a written document such as legislation.

TOP Amicus curiae :
Latin: friend of the court. Refers more specifically to persons asking for permission to
intervene in a case in which they are neither plaintiff or defendant, usually to present
their point of view (or that of their organization) in a case which has the potential of
setting a legal precedent in their area of activity. This is common, for example, in civil
rights cases and, in some instances, can only be done with the permission of the
parties or the court.
TOP Animus contrahendi :
Latin: an intention to contract.
TOP Annulment :
To make void; to cancel an event or judicial proceeding both retroactively and for the
future. Where, for example, a marriage is annulled, it is struck from all records and
stands as having never transpired in law. This differs from a divorce which merely
cancels a valid marriage only from the date of th

e divorce. A marriage annulled stands, in law, as if never performed.

TOP Antedate :
To date back; retroactively. To date a document to a time before it was written.
TOP Antenuptial :
An event or document which pre-dates a marriage. For example, an "antenuptial
agreement" is one which is signed before marriage. A antenuptial gift is a gift given
by one spouse to the other before marriage.
TOP Anti-trust :
(USA)"Anti-trust" legislation is designed to prevent businesses from price-setting or
other secret collaboration which circumvents the natural forces of a free market
economy and gives those engaging in the anti-trust conduct, a covert competitive
edge. Also known as "anti-combines" or "competition" legislation.
TOP Appeal :
To ask a more senior court or person to review a decision of a subordinate court or
person. In some countries such as Canada, the USA and Australia, appeals can
continue all the way up to the Supreme Court, where the decision is final in that it can
no longer be appealed. That is why it is called "supreme" (although, in Australia the
supreme court is called the High Court).
TOP Appearance :
The act of showing up in court as either plaintiff, defendant, accused or any other
party to a civil or criminal suit. It implies that you accept the power of the court to try
the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their
clients behalf and any appearance by a lawyer binds the client. You can make a
limited appearance called a "special appearance" in which your presence is not to
imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of
the court. An example of the usefulness of a "special appearance" would be where you
want to raise the fact that you were never properly served with the court papers.
TOP Apportionment :
The division and distribution of something into proportionate parts; to each according
to their share. For example, if a court ordered apportionment of a contract, the party
would be required to perform only to a extent equal to the performance of the other
side.
TOP Appurtenance :
Something that, although detached, stands as part of another thing. An attachment or
appendage to something else. Used often in a real estate context where an
"appurtenance" may be, for example, a right-of-way over water, which, although
physically detached, is part of the legal rights of the owner of another property.
TOP Arbitration :
A alternative dispute resolution method by which an independent, neutral third person
("arbitrator") is appointed to hear and consider the merits of the dispute and renders a
final and binding decision called an award. The process is similar to the litigation
process as it involves adjudication, except that the parties choose their arbitrator and
the manner in which the arbitration will proceed. The decision of the arbitrator is
known as an "award." Compare with mediation.
TOP Arraignment :
In USA criminal law, the formal appearance of an accused person to hear, and to
receive a copy of, the charge against him or her, in the presence of a judge, and to
then enter a plea of guilty or not guilty. The arraignment is the final preparatory step
before the criminal trial.
TOP Arrears :
A debt that is not paid on the due date adds up and accumulates as "arrears". For
example, if you do not pay your rent, the debt still exists and is referred to as
"arrears". The same word is used to describe child or spousal maintenance or support
which is not paid by the due date.
TOP Arson :
Some countries define "arson" as the intentional setting of a fire to a building in
which people live; others include as "arson" the intentionally setting of a fire to any
building. In either case, this is a very serious crime and is punishable by a long jail
sentence.
TOP Assault :
The touching of another person with an intent to harm, without that person's consent.
TOP Assets :
an item of value owned , the property of a deceased person subject by law to the
payment of his or her debts and legacies, the entire property of a person, association,
corporation, or estate applicable or subject to the payment of debt.
TOP Assign :
To give, to transfer responsibility, to another. The assignee (sometimes also called
"assigns") is the person who receives the right or property being given and the
assignor is the person giving.
TOP Attorn or Attornment :
To consent, implicitly or explicitly, to a transfer of a right. Often used to describe a
situation where a tenant, by staying on location after the sale of the leased property,
accepts to be a tenant of the new landlord; or where a person consents to ("attorns to")
the jurisdiction of a court which would not have otherwise had any authority over that
person.
TOP Attorney :
An alternate word for lawyers or "barrister and solicitor", used mostly in the USA. A
person that has been trained in the law and that has been certified to give legal advice
or to represent others in litigation.
TOP Audi alteram partem :
Latin: a principle of natural justice which prohibits a judicial decision which impacts
upon individual rights without giving all parties in the dispute a right to be heard.
Habeas corpus was an early expression of the audi alteram partem principle. In more
recent years, it has been extended to include the right to receive notice of a hearing
and to be given an opportunity to be represented or heard.
TOP Autrefois acquit :
French word now part of English criminal law terminology. Refers to an accused who
cannot be tried for a crime because the record shows he has already been subjected to
trial for the same conduct and was acquitted. If the accused maintains that the
previous trial resulted in conviction, he or she pleads "autrefois convict." "Autrefois
attaint" is another similar term; "attainted" for a felony, a person cannot be tried again
for the same offence.
TOP A vinculo matrimonii :
Latin: of marriage. The term is now used to refer to a final and permanent divorce.
Avulsion Land accretion that occurs by the erosion or addition of one's land by the
sudden and unexpected change in a river stream such as a flash flood.
TOP Avunculus :
Latin: a mother's brother. "Avuncular" refers to an uncle.
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TOP Habeas corpus :
Latin: a court petition which orders that a person being detained be produced before a
judge for a hearing to decide whether the detention is lawful. Habeas corpus was one
of the concessions the British Monarch made in the Magna Carta and has stood as a
basic individual right against arbitrary arrest and imprisonment. Habitual offender : A
person who is convicted and sentenced for crimes over a period of time and even after
serving sentences of incarceration, such as demonstrates a propensity towards
criminal conduct. Reformation techniques fail to alter the behavior of the habitual
offender. Many countries now have special laws that require the long-term
incarceration, without parole, of habitual offenders as a means of protecting society in
the face of an individual that appears unable to comply with the law.
TOP Harassment :
Unsolicited words or conduct which tend to annoy, alarm or abuse another person. An
excellent alternate definition can be found in Canadian human rights legislation as: "a
course of vexatious comment or conduct that is known or ought reasonably to be
known to be unwelcome." Name-calling ("stupid", "retard" or "dummy") is a common
form of harassment. (See also sexual harassment.)
TOP Hearsay :
Any evidence that is offered by a witness of which they do not have direct knowledge
but, rather, their testimony is based on what others have said to them. For example, if
Bob heard from Susan about an accident that Susan witnessed but that Bob had not,
and Bob attempted to repeat Susan's story in court, it could be objected to as
"hearsay." The basic rule, when testifying in court, is that you can only provide
information of which you have direct knowledge. In other words, hearsay evidence is
not allowed. Hearsay evidence is also referred to as "second-hand evidence" or as
"rumor." You are able to tell a court what you heard, to repeat the rumor, and testify
that, in fact, the story you heard was told to you, but under the hearsay rule, your
testimony would not be evidence of the actual facts of the story but only that you
heard those words spoken.
TOP Holograph will :

A will written entirely in the testator's handwriting and not witnessed. Some states
recognize holograph wills, other do not. Still other states will recognize a will as
"holograph" if only part of it is in the testator's handwriting (the other part being type-
written).
TOP Homicide :
The word includes all occasions where one human being, by act or omission, takes
away the life of another. Murder and manslaughter are different kinds of homicides.
Executing a death-row inmate is another form of homicide, but one which is
excusable in the eyes of the law. Another excusable homicide is where a law
enforcement officer shoots and kills a suspect who draws a weapon or shoots at that
officer.
TOP Hostile witness :
During an examination-in-chief, a lawyer is not allowed to ask leading questions of
their own witness. But, if that witness openly shows hostility against the interests (or
the person) that the lawyer represents, the lawyer may ask the court to declare the
witness "hostile", after which, as an exception of the examination-in-chief rules, the
lawyer may ask their own witness leading questions.
TOP Hung jury:
A jury is required to make a unanimous or near unanimous verdict. When the jurors,
after full debate and discussion, are unable to agree on a verdict and are deadlocked
with differences of opinion that appear to be irreconcilable, it is said to be a "hung
jury". The result is a mistrial.

TOP Husband-wife privilege :

A special right that married persons have to keep communications between them
secret and even inaccessible to a court of law. While this privilege may have been
varied in some states, it has always been held to be lifted where one spouse commits a
crime on the other. Similar to the client-solicitor privilege.

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GIVING IN PAYMENT

GIVING IN PAYMENT. This term is used in Louisiana; it signifies that a debtor,

instead of paying a debt he owes in money, satisfies his creditor by debtor, instead of
paying a debt he owes in money, satisfies his creditor by giving in payment a movable
or immovable. Vide Dation en paiement. giving in payment a movable or immovable.
Vide Dation en paiement.