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A fortioriLatin - for a stronger reason; much more so; all the more.
A mensa et thoro
Latin – from bed and board. An old term for judicial separation in marriage which originated in canon law. It indicated the nature of a divorce decreed by the ecclesiastical courts. The modern equivalent of divorce a mensa et thoro is separation without the right to remarry while the former spouse lives.
A priori
Latin - from the cause to the effect.
A vinculo matrimonii
Latin – from the bond of marriage. Ecclesiastical courts could not dissolve marriages that were not void from the start, but could decree that a union was void because of a pre-existing defect recognised by canon law. Divorces a vinculo matrimonii were effected by private Acts of Parliament.The term is now used to refer to a final and permanent divorce.
Ab Initio
From the beginning
Abandonment
1. In relation to a child, the giving up or desertion of the child, foregoing parental duties.
2. In relation to property, giving up ownership of an item of property. Abandonment involves an intention to give up any claim to the property and not merely an intention to give up possession.
3. In relation to real property, a state in which land or property are left unprotected by the owner or by the person with rightful possession over them, that person having forever given up all claim to the subject matter.
Abatement
1. A reduction; diminution; decrease.
2. Equity - a reduction; a diminution. If the fund out of which a general legacy is payable is insufficient, the legacy will reduce, or abate, rateably, in accordance with the equitable maxim ‘equality is equity’.
Abatement of legacies
Where assets of a deceased estate are insufficient to pay in full all the legacies made in a will after the payment of debts, the process of abatement is applied to reduce legacies, partially or totally, to a proportional amount which can be satisfied out of estate funds available. The order of proportionate abatement is: residue and general legacies abate before specific legacies and before demonstrative legacies up until exhaustion of the fund designated for their payment.
Abatement of nuisance
The privilege to end a nuisance by self-help, even if the measures used amount to what would otherwise be a legal wrong, such as trespass to land. Steps to remove the source of the nuisance may only be taken by those entitled to bring an action in nuisance. The privilege may arise before damage has been suffered. Once exercised, no cause of action lies except for past harm suffered.
Abet
To intentionally assist or participate in the act of a principal. To abet a crime, a person must have had knowledge of the essential matters which constituted the offence of the principal offender. A person who is merely reckless or negligent does not abet a crime. However, a person who shows wilful blindness from which knowledge may be inferred may abet.
Abeyance
A situation where there is no person presently entitled to an estate in land.
Abnormal sensitivity
The weakness of a person’s physical or mental constitution, property, or activities which renders him or her peculiarly susceptible to external impact. In negligence law, if an ordinary person would not have suffered damage as a result of another’s negligence, the abnormally sensitive plaintiff cannot recover for any damage suffered as a result of his of her hypersensitivity, if the defendant had no knowledge of that hypersensitivity. If the normal person would have suffered some damage, the abnormally sensitive plaintiff can recover for all his or her loss, even if it is greater than what a normal person would have suffered.
Abode
The place where a person, for the time being, sleeps and eats, which in general he or she uses as a base for daily activities. Place of dwelling; residence; domicile.
Abridgment
In relation to time, the reduction in the time allowed for doing any act or thing.
Abrogate
To repeal or annul.
Absolute
To be unconditional or complete.
Absolute acceptance
In contract law, unequivocal acceptance of all the terms of an offer. Absolute acceptance is required before a binding contract can be formed.
Absolute assignment
An assignment of the whole of a debt or other legal chose in action to an assignee. An absolute assignment by writing of any debt or chose in action of which express notice has been given to the debtor transfers to the assignee all legal rights and remedies in relation to the chose in action assigned.
Absolute gift
A complete and unconditional gift good against the whole world.
Absolute interest
The entire interest or the full and complete interest in land or an estate.
Abuttals
Portions of land which are adjacent or next to other land.
Acceleration clause
A clause in a contract that states that if a payment is missed, or some other default occurs, then the contract becomes fully due and payable immediately.
Acceptance
The act of agreeing or assenting. One of three requisites to a valid contract under common law, the other two being an offer and consideration. A binding contract results when an offer is accepted. The offeree must have knowledge of the offer and an intention to accept. Acceptance may be express or implied from conduct, but must correspond with the offer, be unequivocal and generally be communicated to the offeror.
Accessio cedit principali
Latin-an addition to the principle thing becomes part of it.
Accord and Satisfaction
A term of contract law by which one party, having complied with its obligation under a contract, accepts some type of compensation from the other party instead of enforcing the contract and holding the other party to their obligation. This discharges the contract.
Accretion
The imperceptible and gradual addition to land by the slow action of water. Heavy rain, river or ocean action would have this effect by either washing up sand or soil or by a permanent retreat of the high water mark.
Acquiescence
1. Abstaining from interference while one’s rights are being violated.
2. Refraining from seeking relief, once it is known that rights exist, for such a period that abandonment or release of the rights has occurred.
3. Delay by a plaintiff where to give relief would involve prejudice to the defendant or a third party.
Act of bankruptcy
An action of a debtor or an action endured by a debtor which is indicative of an inability to pay creditors.
Acting in good faith
Acting honestly without fraud, collusion, or participation in wrongdoing.
Actus jure gestionis
Latin-a transaction which exercises a commercial capacity.
Ad hoc
Latin - for a special purpose or occasion.
Ad idem
Latin - to the same result.
Adjourn
To defer the proceedings in a court case.
Administrator
A court appointed person who administers an estate which does not have an executor.
Affray
A display of violence, either public or private, during which bystanders are present.
Agent
A person who acts on behalf of another person with their consent.
Aggravated Damages
Damages awarded to compensate a person for humiliation or distress.
Alieni juris
Latin - in the care of another.
Annuity
An entitlement to an income paid on a yearly basis.
Anticipatory Breach
A breach of contract prior to performance being required. Can take the form of a refusal to perform according to the terms of the contract or by acting in such a way that it is not possible to perform.
Arrears
A debt which is owed because of a failure to pay.
Automatism
A criminal defence based on facts which demonstrate an externally caused inability to control one's physical reflexes.
Avoid
To legally minimise the amount of tax payable.
Award
The decision of an arbitrator regulating the future conduct of parties to a dispute.
Notary - Public Notary
What is a Public Notary?
A public notary is an officer whose job is to attest, witness and certify deeds, affidavits, statutory declarations, Wills, contracts and other documents.History of Public Notaries
Notaries Public (also called "notaries" or "public notaries") hold an ancient office which can trace its origins back to the Roman Empire, when they were called "notarius" or "tabellio". They are easily the oldest continuing branch of the legal profession and are known all over the world from England to the rest of the European Community, USA, Chile, Russia, Japan, China and of course Australia.They first appeared in the English legal system sometime prior to 1279 when the Pope authorised the Archbishop of Canterbury to appoint notaries.What makes them different from others who prepare or witness documents is that their acts will be recognised and accepted by foreign courts and authorities, whereas acts performed by non-notaries will generally be ignored. That is a notary’s seal is valid while a mere justice of the peace will not in foreign countries.Wax seals with individualized engravings or symbols were used as signatures at the end of written agreements. In later centuries, ribbons were woven into holes placed in the margin of multiple page documents to tie the pages together. Wax seals were placed over the knots to ensure no pages were added nor removed. This was the birth of the notary seal and certificate. Today a mere signature is enough.
As described above the public notary attests and prepares legal documents, they can also attest and prepare foreign documents and translate them into English and vice versa.
The public notary attests his work through his signature or official seal.
Public Notaries can charge a fee for their services and generally this amount to their hourly rate.
Basically, the most important reason for notarizing anything is to protect against fraud. The notarization is effective, valid and binding as long as the document it appears upon remains effective and valid.
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