Legal Terms Key

The Fifth Amendment to the United States Constitution creates a set of laws applicable to criminal and civil proceedings. The part of the amendment that reads as follows is the most relevant to the Withdrawal Act, however, which reads: “No one may. being deprived of life, liberty or property without due process; Nor can private property be taken for public use without fair compensation. These words, repeated in many state constitutions, confer certain fundamental rights on citizens with regard to their property and property rights, and ensure that private property cannot be taken without due process, appropriate public use and payment of fair compensation. Contract – an agreement between two or more parties that creates legal obligations for both parties to perform certain actions. Party – a participant in a dispute or other legal proceeding. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. A written pleading filed by the landowner in response to the sentencing authority`s request or complaint, in which the landowner responds to each allegation by refusing, admitting or admitting in part and partially denying. The response also usually identifies the landowner`s legal defense against extraction.

Obiter – non-essential opinion that is part of a judge`s written judgment and does not become a precedent. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Fraud – taking something illegally from another person or preventing someone from having something legally belonging to them by deceiving them. Compliance and satisfaction – a legal contract whereby two parties agree to perform damages, contract, or tort for an amount different from the original amount of that claim. It can also be used to settle claims before they go to court. Arbitration – a form of alternative dispute resolution where an independent arbitrator can make a legally binding decision without the need for a court. This award can be challenged in court. Our lawyers and lawyers are UK litigation experts. For expert legal advice you can rely on, contact our legal team so we can assess your case.

Clause – a section, paragraph, sentence or segment of a legal document, such as a contract, deed or will. Waiver – an act of waiver or non-assertion of a legal claim. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. Money laundering – the practice of concealing the source of illegally acquired funds. As a landowner facing a significant estate or setback situation, you will be exposed to certain words and phrases that may be unknown to you. Extraction cases are often a very special colloquial language that combines legal terms with valuation concepts.

Below are general definitions, in alphabetical order, of some of the key terms that landowners are likely to encounter. Note that the exact definition of a term may vary depending on the state or jurisdiction in which the case is heard. As always, it is recommended to consult an OCA attorney or other reputable domain attorney about the exact meaning of a term used in a particular case. Offer – a promise or willingness to do something or refrain from doing something. Upon acceptance, this contract becomes legally binding. Litigation – the initiation of legal proceedings. Below is a list of 10 important legal terms you need to be aware of. In fact, there are at least 15 terms defined below, but we like the idea of a “top 10 list”, so it`s like getting extra words for free! Seriously, your lawyer will not only use these terms to keep you updated on what`s going on in your case, but you`ll also better understand what`s going on in the many lawsuits reported in the news.

Under the U.S. Constitution and state laws condemning private property, the government must pay “fair compensation” to the owner. However, it is not always easy to determine which amount of compensation is “fair” and owners often have to take legal action to assert their right to fair compensation. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important.

For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Abuse of rights – unfair or inappropriate legal action taken with selfish or malicious intent. Abuse of the law can come from almost any part of the legal system and can include negligent or corrupt lawyers, abuses by law enforcement agencies, or misconduct by the judiciary. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. The study of the law and the structure of the legal system Lawyer – a professional licensed by the Lawyers Regulatory Authority to engage in legal activities A legal interest in property that gives the beneficiary the right to use the property for a specific use or purpose. The scope and nature of the servitude is usually defined by its written terms. Although the holder of the easement has the right to use the property in accordance with the terms of the easement, legal ownership of the property itself remains the property of the owner. Easements can be written as exclusive, non-exclusive, temporary and permanent. Depending on the type of easement, the location of the easement and the conditions that define its use, easements may have minimal impact on the property they encumber or have far-reaching effects. See the separate definition of a temporary easement in this document.

A routing slip is the court`s way of pursuing a case, and can be singular (the record for your particular case) or plural (the full list of court cases – sometimes by the hundreds). You may hear that your case is “on the waybill,” which means it`s scheduled for some sort of hearing. Connecticut state courts control their waybills in several ways: You may hear that we use the following terms: Imputed Notice – a legal presumption that a party has been notified when it can discover certain facts through due diligence in public records. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Injunction – A person who intends to offer voluntary settlement to their creditors may apply to the court for an injunction that, if granted, excludes bankruptcy and other legal proceedings while the injunction is in effect. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. Beneficiary – a natural or legal person who derives benefits or benefits from a legal instrument such as a trust, life insurance policy or will. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language.

The terms are listed in alphabetical order and can be best accessed by selecting a letter here: These terms are just a small selection among many that you need to know in the field of law. For more definitions, see the following websites. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Elder Law – a specialty in legal practice that includes estate planning, wills, trusts, long-term care, social security and pensions. Land Registry Office – a legal institution whose task is to keep registers of certain legal successions in the country and was established under the Land Registry Act of 1925. A valuation method typically used by appraisers to determine fair value, taking into account the most recent sale prices of properties similar to the property in question in relation to a number of factors, such as:.