We know that legal terminology can be a bit baffling.  Our legal dictionary provides an explanation to some of the more common words and phrases that you may come across.  If there is anything you do not understand please do not hesitate to ask.

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Absolute

Complete and Unconditional.


Acknowledgement Of Service

Document confirming receipt of court proceedings and also dealing with the recipient's intention to admit or defend the proceedings.


Action

A civil claim commenced in the high, county or small claims court in compliance with the rules of those courts.


Accumulation And Maintenance

This is designed for children under 25 and is subject to its own tax regime. It is a Personally Exempt Transfer.


Adjourn / Adjournment

Postpone a hearing to another date or for a period of time.


Administrator

A person appointed by the Court usually where there is no Will (the person dying is said to be Intestate). The Administrator collects the assets and liabilities, pays the tax and distributes the Estate according to the Intestacy Rules.


Admission

Admit liability to a claim. this is done by completing the form of admission and returning to the court.


Adverse Possession

An occupation of land by person/s inconsistent with the true owner of the land commonly known as squatters rights.


Affidavit

A sworn (on bible or affirmation) written statement of evidence.


After The Event Insurance (Aei)

Insurance covering a client against having to pay the opponents legal costs if the client's claim fails and which is taken out after the event, which gave, rise to the claim (very often used in conjunction with a conditional fee agreement).


Agent

A person appointed to act on behalf of another (the principal) if so authorised will bind the principal on whose behalf the act was undertaken.


Agricultural Relief

Available as a tax exemption in respect of some farming assets.


Allocation Hearing

A hearing to decide the suitable court for the particular matters to proceed to trial.


Allocation Questionnaire

A questionnaire required to be completed by both claimant and defendant once a defence has been filed with the court giving details of issues, evidence of lay persons and expert, lenghth of hearing, costs etc.


Alternative Dispute Resolution

Description of various methods of resolving disputes other than going through the courts e.g. mediation.


Amendment

Correction of some error or omission or a defect in the proceedings (amendments require you to comply with the civil procedure rules).


Ancillary Relief

In Divorce proceedings, the procedure to deal with e.g. financial support of a spouse (husband or wife), division of the assets of the family (the house, savings, etc), the sharing of pensions of either spouse; the financial support for the children (unless the CSA are to resolve this issue).


Appeal

Any proceeding taken to rectify an erroneous decision of a court by making an application (see below) to a higher court.


Arbitration

Determination of disputes by decision of arbitrator (a person appointed by agreement of the parties to decide on the dispute).


Attachment Of Earnings

An order of the court against a debtor requiring his or her employer to deduct an amount set by the court from his wages to discharge his indebtedness to the claimant.


Note:
The above are but a brief definition of terms. They do not constitute legal advice. For their full implication, effect and meaning legal advice must be taken in each case.


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