Legal vocabulary

Hereby

Archaic adverb. By means of this document/with these words/with this action.

Por la presente

Herein

Archaic adverb. Starting from this time/later in this document.

En lo sucesivo, a continuación

Hereinafter

Archaic adverb. Starting from this time/later in this document.

En lo sucesivo, a continuación

Heretofore

Archaic adverb. Earlier in this document/previously/before the time of writing.

Hasta aquí, con anterioridad

Hereunder

Archaic adverb. In a later part of this document/under the terms of this agreement.

Thereof

Of or about the thing just mentioned

Arbitration

It is the investigation of a matter of difference between contending parties, by unofficial people, chosen by the parties. They are called ‘arbitrators’ or ‘referee’.

A method of resolving disputes outside the court system.

Litigation

It is a contest in a court of justice, for the purpose of enforcing a right.

It involves assistance with disputes and claims which can arise during any commercial transaction or deal. They could arise between different companies, or companies and individuals.

Private law

It deals with the problems or misunderstandings between people and companies.

Derecho privado

Public law

It covers all matters of law between the government and ordinary people. When a person has a problem with the estate, this area of law makes sure that the relationship between them is equal.

Derecho público

Real Property law

It deals with issues regarding the land and any building on it.

A branch of law which refers to the possession and usage of land, and the way in which that land is utilised.

Derecho inmobiliario

Tort law

Wrongful acts that result in injuries to another party’s person, property, dignity or reputation. And have a legitimate basis for liability

Trust law

a set of rules that have been established to regulate situations where one person places trust in another person to look after their affairs. For instance, the way that charities are run or when the money is given to somebody.

Derecho fiduciario

International law

Relations between countries, buy and selling among countries.

Derecho internacional

Criminal law

It involves criminal offense that has to do with murder.

Parties: prosecutor vs. defendant

Outcome: guilty or not

Consequences for the defendant: death, imprisonment or pay a fine to the government

Civil law

Derecho civil

It is structured, codified and relies on declarations of general principles. With is, countries have comprehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense.

It deals with problems or disagreements between individuals.

Parties: plaintiff vs. defendant

Outcome: liable or not

Consequences for the defendant: to pay damages. A fine to the plaintiff.

Common law

A law made by judges on the basis of previous court decisions.

It is uncodified, which means that there is no comprehensive compilation of legal rules and statutes.

Derecho común

Company law

Legislation under which the formation, registration or incorporation, governance and dissolution of a firm is administered and controlled.

Derecho societario

Constitutional law

Without it there could be no other laws and the state would not be able to function. It holds the country together.

Some countries, such as the UK, does not have a constitution in the same way as others. Therefore, Constitutional law serves as a series of rules, guidelines, powers and laws which govern how the country is run.

Derecho constitucional

Contract law

It deals with contracts (legally binding agreements between two people or companies), such as buying or selling things. As mistakes can have serious consequences in this area, it is crucial for small business owners to understand it.

Derecho contractual

Bona fide

The court ruled that he had acted bona fide.

Latin term. Genuine, sincere or in good faith.

De buena fe

De jure

Latin term. Having a right or existence as stated by law.

Con reconocimiento jurídico, legalmente

De facto

Latin term. Existing in fact, although perhaps not intended, legal, or accepted.

De hecho, sin reconocimiento jurídico

Prima facie

There is a prima facie case/evidence to answer

Latin term. At first sight. Based on what seems to be the truth when first seen or heard.

De hecho, sin reconocimiento jurídico

Caveat

They have entered a caveat.

Latin term. A warning to consider something before taking any more action.

Advertencia

Ultra vires

Latin term. Beyond one's powers. If an organisation does something ultra vires, what it has done is invalid.

Sub judice

The newspapers cannot report details of the case because it is sub judice.

Describes something being dealt with by a court which cannot be discussed outside the court.

Ex parte

An ex parte application was lodged at the court.

Done by one side only in a case.

Ad hoc

For a particular purpose. For example, a committee set up to deal with a particular situation is an ad hoc committee.

Ab initio

from the start of something

Corpus delicti

is:

• the body of a person who has been kiled unlawfully; or

• the facts which make up an offence.(This phrase is Latin.)

et al. (et alia)

and others. It is used in formal writing to avoid a long list of names of people who have written something together

et seq. (et sequentes/sequentia)

‘and in the fo lowing pages'. It is sometimes written in books and documents. (This phrase is abbreviated from the Latin 'et sequeus'.)

in personam

made against or affecting a specific person only; imposing a personal liability

in re

the decision of the Court of Appeal in re Midland Railway Co's Agreement

in the legal case of; with regard to.

malum in se

"wrong in itself." In legal terms, it refers to an act that is inherently immoral or evil, considered wrong regardless of whether it's prohibited by law.

mens rea

the intent to commit a crime and also the knowledge that an act is wrong.

pro forma

as a matter of form.

court rulings merely intended to facilitate the legal process (to move matters along)

quid pro quo

something given or received for something else. There is nothing inherently illegal in giving or receiving something in exchange for something else, but in legal contexts quid pro quo often refers to something that is in fact illegal, such as if a company gives a government official money in exchange for receiving a contract that rightly should be given to whatever company is best able to meet the requirements for the contract.

res judicata

a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.

sui generis

describes something that belongs in a particular category or is the only one of its class.

vis major

superior force. It describes an irresistible natural occurrence that causes damage or disruption and that is neither caused by nor preventable by humans—even when exercising the utmost skill, care, diligence, or prudence.

apprehension

formal expression. Means perception

Approach the bench

formal expression. Means come here

Cause of action

formal expression. Means claim in law and fact sufficient to demand judicial attention.

Inferior court

formal expression. Court whose decisions are subject to review by a superior court

Preliminary to

formal expression. Before

Preparatory to

formal expression. Preparation for

Said

formal expression. Used to refer back to something that has already been mentioned, instead of — or in addition to — deictics (the, that, this).

Demurrer

French expression. An objection granting the factual basis of an opponent's point but dismissing it as irrelevant or invalid.

Plaintiff

French expression. Someone who makes a legal complaint against someone else in court.

Estoppel

French expression. A legal rule that prevents someone from changing their mind about something they have previously said is true in court.

Impedimento legal

Oyez

French expression. A call given, typically three times, by a public crier or a court officer to command silence and attention before an announcement.

Vor dire

French expression

Pleadings

French expression