Absolute liability offence – an offence where the absence of fault is no defence

Absolute privilege – complete immunity from liability for defamation

Abuse of dominant position – taking an unfair advantage of possessing a monopoly or dominant position in the market place
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Acceleration clause – a clause stating that upon default of any instalment, the whole of the principal sum of the mortgage and accrued interest immediately falls due -
Acceleration clause – a contractual provision whereby the unpaid balance of the price becomes payable immediately in the event of default by the buyer
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Acceleration clause – a provision whereby the full outstanding amount of a debt becomes immediately payable if the debtor defaults in making any instalment payment
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Acceptance – any conduct by the buyer in relation to the goods that amounts to recognition of an existing contract for sale

Acceptor – the drawee who consents to the bill of exchange by signing it together with the word “accepted” and the date

Accommodation bill – a bill of exchange that contains an anomalous endorsement

Accord and satisfaction – a compromise between contracting parties to substitute a new contractual obligation and release a party from the existing one

Act of bankruptcy – a prescribed act of a debtor that must be proved before the debtor may be declared bankrupt

Act of God – the raging of the natural elements

Action for impeachment – an action challenging the validity of a patent

Actual authority – the authority given expressly or impliedly to the agent by the principal

Adjudicate – hear parities and deliver a decision with reasons

Administrator – the personal representative of a person who dies intestate

Admissible evidence – evidence that is acceptable to the court

ADR – alternative dispute resolution; using private procedures instead of the courts to resolve disputes

Adverse possession – the exclusive possession of land by someone who openly uses it like an owner and ignores the claims of other persons including the owner

Advocate – a barrister in Quebec

After-acquired property – property acquired by the debtor after the debt has been incurred

Age of majority – the age at which a person is recognized as an adult according to the law of his or her province

Agency agreement – the agreement between principal and agent whereby the agent undertakes to act on behalf of the principal

Agent – a person acting for another person in contractual relations with third parties

Agreement to sell – a contract for sale in which the transfer of goods is deferred to some future time

Alimony – an amount given to one spouse to another while they are separated

Amend – to change or to revise

Anomalous endorsement – an endorsement that is not added for the purpose of negotiating the instrument but as a guarantee to make it easier for the drawer to obtain credit on the bill

Anticipatory breach – a breach that occurs in advance of the time agreed for performance of a contract

Annulment – to make void forever

Apparent authority – the authority that a third party is entitled to assume that the agent possesses

Appellant – the party who petitions for an appeal

Arbitration – a form of ADR where a dispute is referred to an arbitrator who adjudicates the matter and the parties agree to be bound by the arbitrator’s decision, although there may be a right to appeal to the courts

Arm’s length – a transaction between persons who are not related or associated in any way

Armed robbery – robbery committed while the person accused is armed with a dangerous weapon

Arrest – the detainment or restraint of a person or thing for the purpose of determining legal rights as regards a thing, or suspicion of criminal activity as regards a person

Arson – the intentional setting of a fire to a building

Articles of incorporation – the basic constitutional document of corporations incorporated in most Canadian jurisdictions

Assault – a threat of violence to a person

Assignee – a third party to whom rights under contract have been assigned

Assignment – a transfer by a party of its rights under a contract to a third party

Assignor – a party that assigns its rights under a contract to a third party

Assumed risk – risk assumed by an employee in accepting a particular employment
Attachment – the moment in time when a debtor’s property becomes subject to a security interest

Attorney – a lawyer in the United States, encompassing the roles of both barrister and solicitor

Bad faith – intent to deceive

Bail – the pledge of cash or property to secure the release of a thing or person which would otherwise be held in custody

Bailee – the person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties towards the property while it remains in his or her possession

Bailment – a transfer of possession of personal property without a transfer of ownership

Bailor – the person who temporarily transfer possession of property to another, the bailee, under a contract of bailment

Bankrupt – declared insolvent by the court

Bargaining agent – a union that has the exclusive right to bargain with the employer on behalf of the bargaining unit

Bargaining unit – a specified group of employees eligible to join the union

Barrister – a lawyer in England who accepts cases from solicitors and presents them in court, and also acts as consultant in complex legal issues

Basic Law – a constitution that is habitually obeyed by the citizens of a country and that they regard as legitimate and binding

Battery – unlawful physical contact with a person

Bench – a judge in court session

Beneficial contracts of service – contracts of employment or apprenticeship found to be for a minor’s benefit

Beneficial owner – a person who, although not the legal owner, may compel the trustee to provide benefits to them

Beneficiary – a person who is entitled to the benefits of a trust; a person entitled to receive insurance monies

Bilateral contract – a contract where offeror and offeree trade promises and both are bound to perform

Bill of exchange – a written order by one party to another party to pay a specified sum of money to a named party or to the bearer of the document

Bill of lading – a document signed by a carrier acknowledging that specified goods have been delivered to it for shipment

Bona fide purchaser – a purchaser who buys the land without knowledge of an unregistered claim

Bond – a document evidencing a debt owed by a corporation or government

Bribery – a secret payment to a public officer in exchange for preferential treatment

Brief – a case handed by a solicitor to a barrister

Builders’ lien – an interest that builders and others involved in construction work may have in a building as security for money owed to them for work done

Burden – the requirement that, unless a party can establish facts and law to prove its case, it will lose

Burglary – breaking and entering a residence for the intention of committing a crime or while lawfully within, commit a crime and thereafter break out

By-laws – the internal working rules of a corporation, community, town, village, city, or jurisdiction

Canon law – law created by the Church, which had its own jurisdiction and courts in matters pertaining to itself, family law, and wills

Capital punishment – the most severe of all sentences; that of death

Cartel – an agreement or arrangement between enterprises to lessen competition

Case law – the entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society

Caveat emptor – let the buyer beware

Certification mark – a special type of trademark used to identify goods or services that conform to a particular standard

Certification – an acknowledgment by an administrative tribunal that a particular union commands sufficient membership to justify its role as exclusive bargaining agent for the employees

Charge – a lien on land

Chattels – tangible personal property

Choses in action – rights to intangible property such as patents, stocks, and contracts that may be enforced in the courts

Choses in possession – rights to tangible property that may be possessed physically

Civil law – the system of law derived from Roman law that developed in continental Europe and was greatly influenced by the Code Napoleon of 1804

Civil union – a formal union between two people, of the same or of different genders which results in, but fails short of, marriage-like rights and obligations

Claim – a statement of the features claimed to be new and in respect of which the applicant claims an exclusive right

Class action – an action in which an individual represents a group and the judgment decides the matter for all members of the class at once

Closed-shop agreement – a collective agreement requiring all employees to be union members

Closing date – the date for completing a sale of property

Code of conduct – rules of a professional organization setting out the duties and appropriate standards of behavior to be observed by its members

Codify – set down and summarize in a statute the common law rules governing a particular area of activity

Collateral agreement – a separate agreement between the parties made at the same time as, but not included in, the written document

Collateral contract – an implied contract that binds a party who made a representation or promise that induced a person to enter into a contract with another party

Collateral security – an interest in property of a debtor to which a creditor may look in the event of non-payment of the debt

Collective bargaining – establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees

Commission agent – one who sells on behalf of a principal to third parities and receives remuneration through commissions

Common law – a system of law originating in England and covering most of the English-speaking world based on the recorded reasons given by courts for their decisions

Community legal services – a model of legal aid where legal services are delivered by community law offices with full-time staff lawyers and managed by boards elected by residents of the community

Comparative value – equal pay for work of equal value

Compulsory licence – a licence granted to a person to work a patent without the consent of the owner of the patent

Concurrent powers – overlapping powers of both levels of government to regulate the same activities

Condition precedent – any set of circumstances or events that the parties stipulate must be satisfied or must happen before their contract takes effort

Condition subsequent – an uncertain event that brings a promisor’s liability to an end if it happens

Condition – an essential term of a contract

Conditional discharge – the debtor is discharged under the original contract only if the negotiable instrument given in payment is honoured

Cone of silence – an oath by a solicitor or other employee in a law firm not to disclose any information in regards to a previous client otherwise placing that lawyer or employee in a conflict of interests with other clients of the same law firm

Conflict of interest – a situation where a duty is owed to two or more clients whose interests may be competing

Conflict of laws – the principles of law that apply to resolve questions concerned with private relationships that are affected by the laws of two or more countries

Conspiracy – an agreement between two or more persons to commit a criminal act

Constructive fraud – the unconscientious use of power by a dominant party to take advantage of the weakness of the other party

Constructive trust – the relationship that permits a third party to obtain performance of a promise included in a contract for his benefit

Construing – interpreting

Consumer fraud – an act or omission in the conduct of trade or commerce designed to mislead a consumer

Contempt of court – a finding by a court that a party has refused to obey it and will be punished

Contingent fee – a fee paid for a lawyer’s services only if the client is successful; there is no charge if the client is unsuccessful

Contributory negligence – negligence of an injured party that contributes to her own loss or injury

Conviction – the formal decision of a criminal trial which finds the accused guilty

Corporation – a legal person formed by incorporation according to a prescribed legal procedure

Costs – funds paid by litigants to cover a portion of the government’s expenses in maintaining the court system

Counsel – lawyer

Counterclaim – a claim by the defendant arising from the same facts as the original action by the plaintiff to be tried along with that action

Courts of chancery – a system of courts under the king’s chancellor and vice-chancellors developed from the hearing of petitions to the king-courts of equity

Covenant of quiet enjoyment – a landlord’s promise to do nothing to interfere with the tenant’s possession and use of the premises

Covenant – a serious promise

Covenantor – one who makes a covenant

Crime – an act or omission which is prohibited by criminal law and punished by fine and/or imprisonment

Criminal law – that body of law that deals with conduct considered so harmful to a society as a whole that it is prohibited by statute, prosecuted and punished by the government

Criminal libel – a criminal offence; deliberate publication of defamatory lies which the publisher knows to be false

Criminal negligence – reckless disregard for the lives or safety of other persons

Cross examination – the examination of a witness called by the other side at trial and for which leading questions are permitted

Crown – refers specifically to the British Monarch, where she is the head of state of Commonwealth countries

Cruelty – conduct that causes bodily or mental injury, or apprehension to such injury, to a person or an animal, without legitimate purpose

Custody – charge and control of a person or item of property

Damages – a sum of money awarded as compensation

Dangerous offender – a person convicted of serious crimes and who is likely to re-offend

Debenture – an alternative term to describe a bond

Deceit – knowingly making a false statement with a view to its being acted upon by another person; the making of a false statement with the intention of misleading another person

Deductible clause – a clause requiring the insured to bear the loss up to a stated amount

Deed – a document under seal, which today is usually a small, red, gummed wafer

Deem – to accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status

De Facto – as a matter of fact

Defamation – making an untrue statement that causes injury to the reputation of another

Defeasance – a side-contract which contains a condition which, if realized, could defeat the main contract

Defendant – the individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff

Defence attorney – lawyers who represent persons facing criminal charges

De jure – of the law

Delict – a civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his/her custody

Dependent agent – an agent who acts exclusively, or mostly, for a single principal

Detention – the exercise of an element of physical constraint of an individual

Diligence – the degree of attention or care required of a person in a given situation

Discharge – a court order whereby a person who has been declared bankrupt ceases to have the status of a bankrupt person

Discharge a contract – cancel the obligation of a contract; make an agreement or contract null and inoperative

Disclaimer – an express statement to the effect that the person making it takes no responsibility for a particular action or statement

Discrimination – a distinction based on the personal characteristics of an individual resulting in some disadvantage to that individual

Dishonour – the failure by the party primarily liable to pay the instrument according to its terms

Dismissal for cause – dismissal without notice or further obligation by the employer when the employee’s conduct amounts to breach of contract

Distress – the right of the landlord to seize assets of the tenant found on the premises and sell them to realize arrears of rent

Doctrine of frustration – the law excuses a party from performance when external causes have made performance radically different from that contemplated by the parties

Document under seal – a covenant recorded in a document containing a wax seal, showing that the covenantor adopted the document as his act and deed

Dominant tenement – the piece of land that benefits from an easement

Dower – a widow’s right to a life interest in one-third of the real property held by her husband in fee simple before his death

Draft deed – a copy of the grant that the seller will later sign for delivery on closing

Duress – actual or threatened violence or imprisonment as a means of coercing a party to enter into a contract

Duty of care – the duty to take reasonable care to avoid injury to others

Duty to account – the duty of a person who commits a breach of trust to hand over any profits derived from the breach

Easement – a right enjoyed by one landowner over the land of another for a special purpose but not for occupation of the land

Embezzle – the illegal transfer of money or property that, although possessed legally by the embezzler, is covertly and fraudulently converted to the embezzler’s own property

Endorse – sign one’s name on a negotiable instrument

Endorsement – written evidence of a change in the terms of a policy

Entering an appearance – filing notice of an intention to contest an action

Equitable assignment – an assignment other than a statutory assignment

Equitable title – an interest in land recognized by equity

Equity – rules of law developed by the courts of equity

Escrow – when the performance of something is outstanding and a third party holds onto money or a written document until a certain condition is met between the two contracting parties

Estates in time – the right to exclusive possession of the land for a period of time

Estate law – that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person’s property

Estopped – prevented

Evidence – proof of fact(s) presented at a judicial hearing such a trial

Examination for discovery – processes allowing either party to examine the other in order to narrow the issues

Exclusive listing agreement – an agreement by the client of a real estate agent to pay commission on any sale of a property whether it is sold by the client, the agent, or some other agent

Execution order – an order that gives the sheriff authority to levy execution

Executor – the personal representative of a deceased person named in his or her will

Exemption clause – a clause in a contract that exempts a party from liability for failing to perform some or all of its contractual obligations

Exercise an option – to accept the offer contained in an option

Expectation damages – an amount awarded for breach of contract based on expected profits

Expert opinion – an opinion given by a person who purports to have specialized knowledge of a subject

Express repudiation – a declaration by one of the contracting parties to the other that it does not intend to perform as promised

Expropriation – a compulsory sale and transfer of land to a public body (i.e. government)

Extinguish the title – bring to end the title of the owner and the owner’s right to regain possession

Extortion – forcing a person to give up property in a thing through the use of violence, fear, or under pretense of authority

Extradition – the arrest and delivery of a fugitive wanted for a crime committed in another country

False arrest – causing a person to be arrested without reasonable cause

False imprisonment – unlawfully restraining or confining another person

Family law – refers to all legal issues that can be dealt with in a family court

Fault – a breach of duty

Federal paramountcy – the principle that a federal law prevails over a conflicting provincial law

Fee simple – an interest in land closest to complete ownership

Fellow servant – fellow employee

Fiduciary duty – a duty imposed on a person who stands in a special relation of trust to another

Finance lease – an arrangement where a third person provides credit financing, becomes the owner of the property, and leases it to the lessee

Fixtures – objects that are attached to the land or to a building or other fixture on the land

Foreclosure – an order by a court ending the mortgagor’s right to redeem within a fixed time

Forgery – the making of a false document knowing it to be a false with intent that it should be used or acted on as genuine to the prejudice of another

Franchise agreement – an agreement under which a franchisor grants to the franchisee a right to market the franchisor’s products

Fraud – deceitful or deceptive conduct designed to manipulate another person to give something of value

Fraudulent misrepresentation – an incorrect statement made knowingly with the intention of causing injury to another

Freehold estate – an interest in land that is indeterminate in time

Fugitive – one who runs away to avoid arrest, prosecution or imprisonment

Gage – pledge

Garnishment – the seizing of a person’s property, credit or salary, on the basis of a law which allows it, and for the purposes of paying off a debt

General creditor – a creditor that has no security other than the debtor’s promise to pay

General damages – damages to compensate for injuries that cannot be expressed in monetary terms

Goods – personal property, other than money and choses in action

Goodwill – the benefit and advantage of the good name, reputation and connection of a business

Gratuitous bailment – a bailment where one party provides no consideration, or where there is no intention to create a contractual relationship

Gratuitous promise – a promise made without bargaining for or accepting anything in return

Guarantee – a conditional promise to pay only if the debtor defaults

Guardian – a person appointed to manage the affairs of a minor in the place of his or her parents

Hearsay – words attributed by a witness to a person who is not before the court

Hire-purchase – an agreement to lease an item of property with an option for the lessee to purchase it at the end of the stipulated term

Holdback – an amount that the owner who contracts for construction work may withhold from payments made to the principal contractor to protect against claims from subcontractors and suppliers

Holder – a party who acquires a negotiable instrument from the transferor

Holding out – representing by words or conduct that a person is one’s agent or has a particular authority

Homicide – the word includes all occasions where on human being, by act or omission, takes away the life of another

Identity theft – the wrongful taking or using another person’s identifying information for the purpose of fraud or other criminal activity

Immediate parties – the holder of an instrument and the party alleged to be liable on it who have had direct dealings with each other

Impaired – a deterioration of an individual’s judgment and decrease in his or her physical ability

Implied term – a term not expressly included by the parties in either agreement but which, as reasonable people, they would have included had they thought about it

Indemnity – a money award given as a supplement to rescission for loss sustained in performing a contract; a promise by a third party to be primarily liable to pay the debt

Inducing breach of contract – intentionally causing one person to breach his contract with another

Injunction – a court order restraining a person from doing, or continuing to do, a particular act

Injurious reliance – loss or harm suffered by a promise who, to his detriment, relied reasonably on a gratuitous promise

Innkeeper – a person or firm that maintains an establishment offering lodging to any member of the public

Insolvent person – a person who is unable to meet his or her debts as they become due, or whose debts exceed the value of his or her realizable assets

Inspector – a person appointed by the court to investigate the affairs of a person or corporation

Insurable interest – an interest where a person has a financial benefit from the continued existence of the property or life insured or would suffer financial detriment from its loss or destruction

Insurance adjuster – a person who appraises property losses

Insurance policy – the written evidence of the terms of a contract of insurance

Interest dispute – an employer and the union disagree about the particular terms to be included in the collective agreement

Interests less than estates – interests in land that do not give the right to exclusive possession

Interlocutory injunction – a temporary restraining order

Intestate – a person dies without leaving a will

Invitee – a person permitted by an occupier to enter premises for business purposes

Joint liability – the situation where each of the number of persons is personally liable for the full amount of debt

Judgment creditor – a party who has obtained a court judgment for a sum of money

Judgment debtor – a party who has been ordered by the court to pay a sum of money

Judicare – a model of legal aid in which lawyers agree to be paid according to government fee schedules for serving clients who qualify for legal aid

Jurisdiction – the province, state, or country, whose laws apply to a particular situation

Jurisdictional dispute – two or more unions compete for the right to represent a particular group of employees

Jury – a group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes “the truth” given different evidence by opposing parties

Justice – a state of affairs in which conduct or action is both fair and right, given the circumstances

Justice of the peace – a judicial officer with a limited role, usually in criminal law, to perform minor judicial tasks such as authorizing search warrants and approving criminal charges

Kidnap – to confine a person against his or her will

Kin – a blood or marriage relative

Labor relations board – an administrative tribunal regulating labor relations

Land titles – a system of land registration where the land titles office brings all outstanding interests in the land up-to-date and certifies them as being correct

Land – comprises the surface, all that is under the surface, including the minerals and oil, and everything above the surface, including buildings

Lapse – the termination of an offer when the offeree fails to accept it within a specified time, or if no time is specified, then within a reasonable time

Larceny – a criminal offence now more commonly referred to as theft, covering the unlawful or fraudulent removal of another’s property without the owner’s consent

Law – rules of conduct approved and enforced by the government of and over a certain territory

Law of limitations – a person who has a right of action against another must pursue it within a definite period of time or lose the right

Lawyer – an individual trained in the law and that has been certified to give legal advice or to represent others in litigation

Lease – an arrangement where the owner of property allows another person to have possession and use of the property for a stipulated period in return for the payment of rent

Leasehold – an interest in land for a definite period of time

Legal – not offensive to the public good and not violating any law

Legal aid – a system where the government pays for many legal services provided to low-income litigants

Legal capacity – competence to bind oneself legally

Legal person – an entity recognized at law as having its own legal personality

Legal positivists – those who insist upon a clear distinction between law and morals

Legal title – an interest in land recognized by the common law

Lessee – the person who takes possession of the leased property

Lessor – the owner of the leased property

Levy execution – seize and sell a debtor’s chattels or arrange for a sale of his lands

Libel – written defamation

Licensee – visitor (other than an invitee) who enters premises with the consent of the occupier

Lien – a right of a person in possession of property to retain that property until payment

Life estate – an estate in land held for the life of one person

Life tenant – a holder of a life estate

Liquidated damages – an amount agreed to be paid in damages by a party to a contract if it should commit breach

Locus – the place

Loitering – to waste time

Magna carta – charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on the King’s powers

Malfeasance – doing something which is illegal

Malice – spite or ill-will

Manslaughter – unlawful killing of a human being without malice

Major breach – a breach of the whole contract or of an essential term so that the purpose of the contract is defeated

Maker – the party who signs and delivers a promissory note

Malicious prosecution – causing a person to be prosecuted for a crime without an honest belief that the crime had been committed

Mandatory injunction – an order requiring a person to do a particular act

Mediation – a form of ADR where a neutral third party who is acceptable to both sides acts as a mediator, assisting the parties to reach a settlement

Mens rea offence – an offence where the prosecution must establish a “guilty mind” on the part of the defendant

Mesothelioma – a form of cancer that is almost always caused by exposure to asbestos

Minor breach – a breach of a non-essential term of a contract or of an essential term in a minor respect

Minor – a person who has not attained the age of majority according to the law of his or her province

Miscarriage – an injury caused by the tort of another person

Mitigation – action by an aggrieved party to reduce the extent of loss caused by the breach of the other party

Moral cause – moral duty of promisor to perform his/her promise

Moral rights – the rights of an author or creator to prevent a work from being distorted or misused

Mort – dead or passive

Mortgage – a conveyance of an interest in land as security for a debt, with a condition that if the debt is repaid by an appointed day, the conveyance becomes void and the interest reverts to the mortgagor

Mortgagee – a lender who accepts the interest in land as security for the loan

Mortgagor – a borrower who conveys the interest in land as security for a debt

Murder – intentional homicide, without legal justification or provocation

Negative covenant – a promise not to do something

Negligence – the carless causing of injury to the other person or property of another

Negligent misrepresentation – an incorrect statement made without due care for its accuracy

Negotiability – the special quality possessed by negotiable instruments as a distinct class of assignable contract

Negotiable instrument – a written contract containing a promise express or implied, to pay a specific sum of money to the order of a designated person or to “bearer”

Negotiation – the process of assigning a negotiable instrument

Nemo dat quod non habet – no one can give what he does not have

New trial – a case sent back by the appeal court for retrial by the lower court

Non est factum – it is not my doing

Normative law – law made by government establishing standards of behavior and regulating human conduct

Notary – a solicitor in Quebec

Novation – the parties to a contract agree to terminate it and substitute a new contract

Nuisance – excessive or unlawful use of one’s property to the extent of unreasonable annoyance or inconvenienced to a neighbor or to the public

Oath – a religious or solemn affirmation to tell the truth or take a certain action

Obstructing justice – an act which tends to impede or thwart the administration of justice

Offer – a tentative promise made by one party, subject to a condition or containing a request to the other party

Official receiver – a public official responsible for the supervision of bankruptcy proceedings

Operating lease – a lease under which there is no intention to transfer ownership

Oppression remedy – a statutory procedure allowing individual shareholders to seek a personal remedy if they have been unfairly treated

Ordinary resolution – a resolution adopted by the general meeting and passed by a simple majority

Paralegal – a person who is not a lawyer or is not acting in that capacity, but who provides a limited number of legal services

Pardon – a government decision to allow a person who has been convicted of a crime, to be free and absolved of that conviction, as if never convicted

Parol evidence rule – a rule preventing a party to a contract from later adding a term previously agreed upon but not included in the final written contract

Part performance – performance begun by a plaintiff in reliance on an oral contract relating to an interest in land, and accepted by the courts as evidence of the contract in place of a written memorandum

Party and party costs – an award that shifts some of the costs of litigation to the losing side according to a published scale of fees

Past consideration – a gratuitous benefit previously conferred upon a promisor

Patent agent – a registered agent who pursues applications for patents on behalf of individual inventors

Penalty clause – a term specifying an exorbitant amount for breach of contract, intended to frighten a party into performance

Personal action – an action for money damages

Perjury – an intentional lie given while under oath or in a sworn affidavit

Plaintiff – the person who initiates, who brings or files a case with a court

Pleadings – documents filed by each party to an action providing information it intends to prove in court

Positive law – ascertainable rules that are binding-the law that “is”

Power of attorney – a type of agency agreement authorizing the agent to sign documents on behalf of the principal

Power of sale – a right upon default to sell mortgaged land

Prima facie – at first sight; on the face of it

Principal – the person on whose behalf the agent acts

Private law – the rules governing relations between private persons or groups of persons

Private nuisance – interference with an occupier’s use and enjoyment of her land

Privilege – the right of a professional to refuse to divulge information obtained in confidence from a client

Privity of contract – the relationship that exists between parties of a contract

Probate – the process of administering and settling the estate of a deceased person
Procedural law – law that deals with the protection and enforcement of rights and duties

Promisee – a party who has the right to performance according to the terms of the contract

Promisor – a party who accepts an obligation to perform according to the terms of the contract

Promissory estoppel – the court’s exercise of its equitable jurisdiction to estop a promisor from claiming that she was not bound by her gratuitous promise where reliance on that promise caused injury to the promise

Proper law of the contract – the law of the country or jurisdiction by which the provisions of a contract are to be interpreted and its effect determined

Property – everything that is the subject of ownership

Property insurance – insurance against damage to property

Public international law – law involving relations between states

Public law – law that regulates the conduct of government and the relations between government and private persons

Public nuisance – interference with the lawful use of public amenities

Punitive damages – damages awarded with the intention of punishing a wrongdoer

Purchase lease – a lease whereby ownership is intended to change hands at the end of the lease term

Qualified privilege – immunity from liability for defamation provided a statement was made in good faith

Quid pro quo – the giving of something in exchange for another thing of equal value

Quasi-contract – an obligation that may arise, not as a result of contractual relations, but because one party has received an unfair benefit at the expense of the other

Ransom – money paid to have a kidnapped person released

Ratification – subsequent adoption by the proposed principal of a contract made by an agent acting without authority

Ratify – acknowledge and promise to perform

Real estate – a property interest in land

Reasonable doubt – a threshold of proof in criminal cases in most modern criminal law system which requires the trier of fact to be sure, not certain, of the accused’s guilt, before convicting

Rebut – overcome

Receiving order – a court order to commence bankruptcy proceedings

Recognition dispute – an employer refuses to recognize the union as the employees’ bargaining agent

Rectification – correction of a written document to reflect accurately the contract made by the parties

Relationship of master and servant – the contractual relationship between an employer and an employee

Remainder – the balance of a fee simple that goes to a third person at the end of a life estate

Remainderman – a person who holds the reversion or remainder in a fee simple

Remote parties – parties to an instrument who have not had direct dealings with one another

Repossession – the act of taking back possession of the property that has been in the possession of another

Representative action – an action brought by one or more persons on behalf of a group having the same interest

Res ipsa loquitur – the facts speak for themselves

Res judicata – a case that has already been decided by a court and cannot be brought before a court again

Rescission – an order by a court to rescind

Reserve judgment – postpone giving a decision after the hearing ends

Residual powers – the powers that fall within federal jurisdiction because they are not expressly allocated to the provinces by the Constitution

Respondent – a party who defends on an appeal

Restitution – an order to restore property wrongfully taken

Restrictive covenant – a term in restraint of trade

Reversion – the balance of a fee simple reserved to the grantor and her heirs at the end of a life estate

Rider – additional provisions attached to a standard policy of insurance

Rights dispute – an employer and the union differ in their interpretation of terms in an existing collective agreement

Roman law – the system of law codified by the Eastern Roman Emperor Justinian in the 6th century

Royal charter – a special licence given by the Crown to form a corporation for the purpose of carrying on a particular activity

Rule of law – established legal principles that treat all persons equally and that government itself obeys

Search – to examine the title to a piece of land

Search warrant – a court order that gives the police the permission to enter private property and to search for evidence of the commission of crime, for the proceeds of crime or property that the police suspect may be used to commit a crime

Self-induced frustration – a party willfully disables itself from performing a contract in order to claim that the contract has been frustrated

Servient tenement – the land subject to the easement

Set aside – cancelled or revoked to return the parties as nearly as possible to their original positions

Settlement – an out-of-court procedure by which one of the parties agrees to pay a sum of money or perform an act in return for a waiver by the other party of all rights arising from the grievance

Slander – spoken defamation

Solicitor – an office lawyer in England who interviews clients, carries on legal aspects of business and family affairs, and prepares cases for trial

Solicitor-client fee – payment for the time and expense of a lawyer in preparing a case and representing the client in negotiations to settle or in court

Special damages – damages to compensate for quantifiable injuries

Special resolution – a resolution of the general meeting required to be passed by a special majority

Specific performance – an order by a court of equity to carry out a binding obligation

Standard form of contract – an offer presented in a printed document or notice, the terms of which cannot be changed by the offeree, but must be accepted as is or rejected

Standing offer – an offer that may be accepted as needed from time to time

Stare decisis – to stand by a previous decision

Statement of defence – a reply to a statement of claim, admitting facts not in dispute, denying other facts, and setting out facts in support of the defence

Statute barred – an action that may no longer be brought before a court because the party wishing to sue has delayed beyond the limitation period in the statute

Statutory assignment – an assignment that complies with statutory provisions enabling the assignee to sue the other party without joining the assignor to the action

Strict interpretation – courts apply the provisions of a statute only where the facts of the case are covered specifically by the statute

Strict liability – liability that is imposed regardless of fault

Strict liability offence – an offence where there is a presumption of guilt unless the defendant can show that he or she took reasonable care

Strict meaning approach – an approach that restrict interpretation to the ordinary or dictionary meaning of a word

Sub-bailee – a person who receives a bailment of property from a bailee

Subordinate legislation – law created by administrative agencies whose authority is granted by statute in order to carry out the purpose of the legislation

Subrogation – where one person becomes entitle to the rights and claims of another

Substantial performance – performance that does not comply in some minor way with the requirements of the contract

Substantive law – the rights and duties that each person has in society

Systemic discrimination – discrimination that is pervasive throughout an employer’s work force

Tenant – a person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent

Tender of performance – an attempt by one party to perform according to the terms of the contract

Term – an interest in land for a definite period of time

Term certain – a tenancy that expires on a specific day

Third party – a person who is not one of the parties to a contract but is affected by it
Title – ownership of, or property in, a thing

Tort – a wrongful act done to the person or property of another

Trademark – a mark that is used by a person for the purpose of distinguishing the goods or services of that person from those of others

Transfer – under the land titles system the equivalent of a grant

Trespass – unlawful entering, or remaining, on the land of another

Trust – property transferred to a person who administers it for the benefit of another person

Trustee – a person or company who administers a trust

Ultra vires – beyond the powers and therefore void

Undisclosed principal – a contracting party who, unknown to the other party, is represented by an agent

Undue influence – the domination of one party over the mind of another to such a degree as to deprive the weaker party of the will to make an independent decision

Unenforceable contract – a contract that still exists for other purposes but neither party may obtain a remedy under it through court action

Unilateral contract – a contract in which the offer is accepted by performing an act or series of acts required by the terms of the offer

Unjust enrichment – an unfair benefit

Utmost good faith – a duty owed when a special measure of trust is placed in one party by the other

Verdict – the decision of a jury

Vicarious liability – the liability of an employer to compensate for farm caused by an employee

Vicarious performance – a third party performs on behalf of the promisor who remains responsible for proper performance

Void – never formed in law

Voidable contract – an obligation that cannot be enforced against a minor, but may under certain conditions become binding when he/she becomes of age

Voidable – a contract that a court may set aside in an attempt to restore the parities to their original positions

Wager – an agreement between two persons in which each has some probability of winning or losing

Waiver – an agreement not to proceed with performance of a contract already in existence

Warranty of authority – a person who purports to act as agent represents that she has authority to contract on behalf of the principal

Warranty – a non-essential term of a contract

Workers’ compensation – a scheme in which employers contribute to a fund used to compensate workers injured in industrial accidents

Writ – an ancient form required in order to make a grievance to court

X – a form of signature upon contracts by persons illiterate

Young offender – young persons who, in many jurisdictions, are treated differently than adult criminals and are tried in special youth courts

Zone – the application of a law which restricts specified territory as to use