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SM Akhtaruzzanman Tax Law Associate (Mcom AUST)


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Legal Practice Text from Internet : Ademption when a gift in a will cannot be made because the item no longer exists. Ad hoc for a particular purpose. For example, a committee set up to deal with a particular situation is an ad hoc committee. (This term is Latin.) Adjudication order the former name for a court order which made someone bankrupt. It has now been replaced with the term bankruptcy order. Administration order an order made by a county court when a person or a company cannot pay their debts. Normally the court orders that the debts are repaid by instalments and as long as the debtor keeps to the order the creditors cannot do anything else to recover their money. Admission one side in a case agreeing that something the other side has alleged is true. Admonition reprimanding of a defendant by a judge even though the case against the defendant has been discharged (dropped). Adoption the system which people use to become parents, even though they are not the child's natural parents. Adoptive child a child who has been legally adopted. Adoptive parent a person who has legally adopted a child. Ad valorem in proportion to the value. An ad valorem duty goes up as the value of the goods, shares and so on that it is charged on rises. (This term is Latin.) Adverse possession intentionally occupying land to prevent the rightful owner or tenant using it. Adverse witness a witness who gives evidence which damages the case of the side which asked the witness to testify for them. Advocate is: the lawyer who speaks in court for a client; or a Scottish lawyer who is the equivalent of a barrister in England and Wales. Affidavit a written statement which is sworn to be true by the person signing it. It is sworn before someone authorised by the court. Affray fighting unlawfully. It is a criminal offence. Aforementioned describing something referred to previously in the document. Aforesaid describing something which has been said or referred to before in the document. Agency the relationship between a principal and an agent. Agent someone appointed to act for a principal. Age of consent the age when a person can consent to have sexual intercourse. In the UK it is 16. Aiding and abetting helping someone to commit a crime. Airspace the space in the atmosphere directly above a piece of land. If you own a piece of land you also own the airspace above the land. Alias a false name. Alibi a claim that a person was elsewhere when a crime was committed. If someone is accused of a crime their alibi is: evidence that the person was somewhere else when the crime was committed; or an attempt to prove that the person was somewhere else when the crime was committed. Alien someone from a foreign country. Alienation transferring the ownership of property from one person to another. All and sundry everybody. Alternative verdict a person being found guilty of a less serious crime than the one they were charged with. If a more serious charge has not been proved and the defendant has been found not guilty, the defendant may be found guilty of a less serious crime instead. For example, there may not be enough evidence to convict someone of a murder but there may still be enough for a manslaughter conviction. This is known as an alternative verdict. Amalgamation two or more companies combining. Ambiguity capability of more than one meaning. When a statement's meaning is not clear because it is capable of more than one meaning, it contains an ambiguity. Ambulatory will a will which can be revoked or changed while the person who made it is still living. Amnesty not punishing a person for an offence they have committed and removing details of the offence from the court's records is giving the person an amnesty. Ancient lights the right not to have the light you receive from a neighbour's land blocked. Annual accounts the summary of an organisation's financial transactions during the year covered by their accounts, and a 'snapshot' of the assets and liabilities at the end of the year. Annual general meeting the yearly meeting of the members of an organisation which must be held to meet legal conditions. The annual accounts are presented for approval at this meeting. Annual return a return which must be sent by companies to the Registrar of Companies. Each year the officers of a company have to fill in an annual return with details of the members, officers, shares issued and other information about the company. The return is then sent to Companies House for filing and is available for inspection by members of the public. Annuitant the person who gets paid an annuity. Annuity an amount paid out every year to someone. The money usually comes from an insurance policy. It can be split up into smaller amounts and be paid out more frequently, such as monthly. It is usually paid for the rest of the beneficiary's life. Annul to cancel: an invalid marriage; or a bankruptcy order. Ante before. (This is a Latin word.) Antecedents details about the past of a defendant or a person found guilty of a crime. The information about previous Appeal asking a court to overturn a lower court's decision. If the decision of a court is disputed it may be possible to ask a higher court to consider the case again by lodging an appeal. Appellant the person who is appealing to a court against a decision of a lower court. Appellate jurisdiction the authority a court has to hear an appeal against a decision made by a lower court. Appertaining to applicant the person asking a court to do something. Appointee the person who gets the benefit of the use of a power of appointment. Appointor the person who uses a power of appointment. Appurtenances minor rights in land such as a right to do something on the land. Arbitrage is: borrowing money at a low rate of interest to lend out again at a higher rate; or buying and selling in different markets to make profits out of the price differences. Arbitration settling a dispute by using a referee. If a dispute goes to arbitration it is settled by an independent referee. It avoids having to use the courts to settle the dispute. Arbitrator the independent referee who settles a dispute without the need to use the courts. Arraignment a procedure at the start of a trial when details of the offences are read out and the defendants are asked whether they will plead guilty or not guilty. Arrest to seize someone, usually because they are suspected of committing a crime, and take them into custody. Arrestable offence a crime for which a person may be arrested without a warrant being needed. Arson setting fire to something to cause damage to it. Articles the clauses in a document. A company's articles set out its rules. The articles form part of the memorandum and articles of association. Articles of association documents which set out a company's rules. Assault when someone threatens another person with physical harm. Words on their own do not amount to assault but threatening gestures do, even if the person threatened is not touched. Assent a document used by personal representatives to transfer property to a beneficiary. Asset something owned such as a building, a vehicle or money in the bank. Assign to formally transfer something, such as when ownership of property is transferred from one person to another. Assignment the formal transfer of the rights to something. An example would be a bank customer assigning to the bank the right to receive the benefits from a life insurance policy to give the bank security for a loan. Assurance insurance cover for an event which will definitely happen, such as death. Assure to transfer the ownership of something. Assured the person whose life is insured or who is entitled to receive the benefit from the assurance cover. Assured shorthold tenancy a type of tenancy agreement under which the landlord has the right to take the property back at the end of the tenancy agreement. Attachment of earnings a court order that deductions be made from a person's earnings. The employer pays the money collected to the court and the court pays the money to the people it is owed to. Attest to sign to witness a signature on a document. Attorney a person appointed to act for another person (such as when someone cannot look after their own affairs). A formal document called a power of attorney is used to appoint the attorney. It is also the name used for a US lawyer. Attorney General the chief legal adviser to the Government. He or she must be a Member of Parliament (or have a seat in the House of Lords) and must be a barrister. Audit an independent examination of an organisation's records and financial statements (report and accounts) to make sure that: the financial statements show a fair reflection of the financial position at the accounting date; the income and spending is shown accurately; the financial statements meet any legal conditions; and the financial statements are drawn up clearly. Auditor's report a report and opinion, by an independent person or firm, on an organisation's financial records. Authorised share capital the highest amount of share capital that a company can issue. The amount is set out in the company's memorandum of association. Authorised investments investments in which a trustee is permitted to invest trust money, under an Act of Parliament. Autopsy an examination of a dead body to find the cause of death. Bail to pay, or promise to pay, an amount of money so that an accused person is not put in prison Director a person appointed to help manage a company's affairs. Disbursement a payment made by a professional person, such as a solicitor or accountant, on behalf of a client. The money is claimed back by including it on the bill for professional services which is sent to the client. Discharge release from: a commitment such as a debt; a contract because it has finished or the parties agree to end it; or a punishment for a crime. Disclaim/disclaimer to give up a claim or a right or refuse to take over an onerous (having more obligations than advantages) contract. A disclaimer can also be a notice to limit responsibility. Discovery one party in a civil case revealing to the other party the documents relevant to the case under the first party's control and allowing them to be inspected. Discretionary trust a trust in which the trustees can decide who will benefit from the trust and how much they will get. Disposal (dispose of) selling, transferring or giving away something. Distrain/distress to seize goods as security for an unpaid debt. Divorce the legal end to a marriage. Divorce petition an application for the legal ending of a marriage. Domicile the country where your permanent home is, even if you are living somewhere else for now. Domiciled permanently based in a country. Domicile of choice the country in which you make your home, intending it to be permanent. Domicile of origin the domicile a newborn child has. This is usually its father's domicile or, if the father is dead, its mother's. Drawee the organisation which will pay a bill of exchange (such as a cheque). In the case of a cheque, this is the bank that the cheque is drawn on. Drawer the person or organisation that has written a bill of exchange, such as a person who has written a cheque. Duress threatening or pressurising someone to do something. Duty a levy charged by the Government, usually when things are bought, such as shares or buildings. Easement a right to use someone else's land, such as a right of way. Enabling legislation legislation which authorises government ministers or bodies to create detailed rules to accomplish general principles set out in the legislation. For example it may allow a minister to create rules or laws for a particular body, such as the police, to follow. Endorsement a change to the original terms of a contract, such as an insurance policy. Endowment policy a type of insurance policy which will pay out a lump sum on a fixed date in the future, or when you die if this happens earlier. Enduring power of Attorney (in England and Wales) a power of attorney which takes effect in the future. If a person is capable of dealing with their own affairs at present, they can sign an enduring power of attorney. It will only come into effect when they are no longer capable of looking after their own affairs. It gives authority to the person appointed to act for the person who signed the power of attorney. (Enduring power of attorney (EPA) was replaced by lasting powers of attorney (LPA) on 1 October 2007. An EPA made before this date is still legal and can still be registered with the Office of the Public Guardian. After this date, you must make an LPA instead.) Engrossment preparing the final version of a legal document ready for it to be executed (made valid such as with a signature). Equitable mortgage the type of mortgage where the purchaser owns the property which is security for the mortgage. Escrow a deed which has been supplied but cannot become effective until a future date, or until a particular event happens. Estate is: all a person owns at the date of their death; or the right to use land for a period of time. Estimate an offer to do stated work for a set price. Estoppel a rule of law that a person cannot deny something they previously said, if someone else acted on what was said and their position was changed, possibly for the worse, as a result. Et seq 'and in the following pages'. It is sometimes written in books and documents. (This phrase is abbreviated from the Latin 'et sequeus'.) Euthanasia killing someone to end their suffering. Excess of jurisdiction someone such as a judge acting without authority. Exchange of contract swapping identical contracts. When land is sold, the person selling and the person buying both sign identical copies of the contract and exchange them. The contract is then binding on both of them. Excise duty a type of tax levied on certain goods such as petrol. It is also levied on some activities such as gambling and on certain licences for activities (such as driving a car on the public roads). Exclusions the things an insurance policy does not provide cover for. They will be listed in the insurance policy. Exclusive licence a licence under which only the licence holder has any rights. Ex dividend without dividend. If a share is sold ex dividend, the seller will receive the dividend declared just before it was sold. Execute to carry out a contract. Executed describing a document which is made valid (in the eyes of the law) such as by being signed or sealed. Executive director a director who usually works full time as a director of the company. Executor a man appointed in a will to deal with the estate, according to the wishes set out in the will. Today it is often used to refer to a woman as well. Executory describing something, such as a contract, which has not been started yet. Executrix a woman appointed in a will to deal with the estate, according to the wishes set out in the will. Exemplary damages damages given as a punishment for the defendant. Ex gratia describing something done or given as a favour rather than a legal obligation. (This term is Latin.) Ex parte done by one side only in a case. (This term is Latin. Since April 1999, it is often replaced with 'without notice'.) Expert witness an expert in a particular field who is called to give an opinion in a court case. Ex post facto describing a law which is retrospective (it affects past acts as well as future ones). (This term is Latin.) Extradition the handing over of a criminal to the country the crime was committed in. Extraordinary general meeting a general meeting of the members of a company which is not the annual general meeting. Extraordinary resolution a resolution for consideration by the members of a company at a general meeting of the members. Ex works available from the factory. When something is sold ex works the buyer can collect it from the place it was manufactured or from some other place agreed by the buyer and seller. Tax money raised by the Government to pay for the services it provides. Some taxes are called indirect because they are part of the price we pay for goods and services, such as VAT. Other tax is called direct because the individual taxpayer pays it. Income tax and corporation tax are examples of direct taxes. Taxable supply a term for supplying goods and services on which value added tax can be charged. This applies even if the tax rate is 0% at present, because it can be increased if the Government chooses to. Taxation the levying of taxes. Taxation of costs the scrutiny of and, if necessary, the lowering of a solicitor's bill to a client. The scrutiny is done by a court officer. Tax avoidance reducing tax bills by using legal means. Tax evasion breaking the law to reduce tax bills, such as by concealing income. Tax point the date when value added tax arises on goods or services supplied (or made available) to a customer. The tax point should be displayed on invoices. It is not necessarily the same as the date of the invoice. Teeming and lading a term used to describe attempts to hide the loss of cash received from one customer by using cash from other customers to replace it. This fraud can carry on by using cash from other customers in the same Tenant a person or organisation granted a lease. Tender supplying a price for a job. If an organisation asks firms to send in tenders for supplying something, they are asking for firm written offers to do the work to an agreed standard and at a stated price. Tenure how a piece of land is held by the owner (for instance freehold or leasehold). Term any of the clauses which form part of a contract. Terra land. (This word is Latin.) Terrorism using violence for political purposes. Testament a will dealing with personal property. Testamentum another name for a will. Testator a person who makes a will. Testify to give evidence. Testimony the evidence a witness gives in court. Theft taking someone else's property dishonestly, with the intention of never returning it. Threatening behaviour using threats, abuse or insults against another person. Timeshare an arrangement where people can buy a share in part of a property for a period of time in each year. They can use their part of the accommodation each year for the period that is theirs. Title the right to own something. Title deeds the documents which prove who owns a property and under what terms. Toll a payment in return for being allowed to travel over a road, bridge and so on. Tort doing something which harms someone else. It may result in a claim for damages. (This word is Old French.) Tortfeasor someone who commits a tort. Trademark a mark which is registered at trademark registries and which is used on products produced by the owner. It is illegal for anyone else to display the mark. Transcript the official record of a court case. Transferable securities securities, such as debentures, which can have their ownership changed. Transferee the person something is transferred to. Transferor the person who transfers something to someone else. Treason the crime of betraying your country such as helping your country's enemies in wartime. Treasure trove treasure found in a hiding place and whose owner cannot be traced. It belongs to the Crown but the finder and the landowner may get a reward. Treasury the government department which administers (manages) the country's finances. Treasury bill an unconditional promise by the Treasury to repay money it has borrowed for the short term (up to one year), to pay for government spending. Treasury Solicitor the person who gives legal advice to the Treasury. Trespassing going on land without the owner's permission. Trial an examination of the evidence in a case and the law which applies. Tribunal is: a body set up to act like a court, but outside the normal court system; a forum to hear disputes and with the authority to settle them; a body given power by statute to discipline members of a profession who do not keep to the high standards of behaviour demanded of members of the profession; or a body set up by the members of an association to police the members' actions. Trust a financial arrangement under which property is held by named people for someone else. Trust corporation a company which acts as a trustee and holds a trust's assets. Trust deed a legal document which is used to: create a trust; change a trust; or control a trust. Trustee a person who holds property and looks after it on behalf of someone else. Trustee in bankruptcy a person who administers (manages) a bankrupt person's estate and pays any available money to the creditors. Uberrimae fidei of the utmost good faith. In certain contracts (such as insurance policies) one party must disclose (reveal) any material facts to the other party. If they are not disclosed the contract can be cancelled or become unenforceable. (This term is Latin.) Ultra vires beyond one's powers. If an organisation does something ultra vires, what it has done is invalid. Underlease the lease of a property by a tenant of the property to someone else. Undertaking a promise which can be enforced by law such as a promise made by one of the parties or by their counsel during legal proceedings. Unfair contract terms prevents a party to a contract unfairly limiting their liability. The Unfair Contract Terms Act 1977 was passed to control unfair exclusion clauses. In particular, in a case where someone had been killed or injured because of someone else's negligence the act prevented a contract limiting the negligent person's liability. Unfair dismissal sacking an employee unfairly. When an employee has been dismissed it is the employer's responsibility to prove that the dismissal was fair. If an industrial tribunal finds that the dismissal was unfair it can insist on compensation or reinstatement. Unit trust a trust which manages investments. People can invest in unit trusts by buying units. The managers of the trust use the money people invest to buy investments. The fund manager values the fund's assets from time to time and puts a new price on the fund's units. Unlawful wounding wounding someone without the justification of self defence or without power given by the law. Unliquidated damages the amount of damages decided by a court because the parties to a contract had not agreed in advance how much the damages would be for breaking the terms of the contract. Unreasonable behaviour behaviour by a married person that justifies the other partner in the marriage living apart. Unregistered company a company which is not registered under the Unregistered land land which is not recorded in the registers at HM Land Registry. Unsecured creditor someone who has lent money without getting any security for the loan. Uterine describes people who have the same mother but different fathers. Vendee a person who buys something. Vendor a person who sells something. Verdict the jury's decision at the end of a case. Vesting order a way the High Court transfers land without the need for a conveyance. Void unable to be enforced by the law. Voidable able to be cancelled in certain circumstances. Voluntary arrangement an agreement between a debtor and the creditors. If a person or a company cannot pay their debts when they are due they can come to a voluntary arrangement with the creditors to pay the debts over a period. If the creditors agree with the proposals it avoids bankruptcy of the individual or liquidation of the company. Voluntary manslaughter Murder and voluntary manslaughter have the same meaning in law. But there are four defences that can reduce the crime in seriousness to manslaugher: Provocation; Diminished responsibility; Infanticide: and Suicide. Warrant is: a certificate which gives the person holding it the right to buy shares at a given price; a magistrate's written instruction to arrest someone; or a magistrate's written instruction to search a property. Warranty a term in a contract. If the term is not complied with damages can be claimed by the injured party. Words of art words which have a fixed meaning in law so that their use in a legal document can have only one interpretation. Writ an order issued by a court telling someone to do something or not to do something. (This has been known as a 'claim form' since April 1999). Writ of execution a type of writ ('claim form' since April 1999) used when a court judgement needs enforcing. Wrongful dismissal ending an employee's contract without following the contract's terms. Wrongful trading continuing to trade while knowing that there is little prospect of the company being able to pay its debts.

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