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Jurisdiction
The power and authority constitutionally conferred upon (or constitutionally recognised as existing in) a court or judge to pronounce the sentence of law, or award the remedies provided by the law, upon a state of facts, proved or admitted, referred to the court or tribunal for decision, and authorised by the law to be the subject of investigation or action by that court or tribunal, and in favour of or against persons who present themselves, or who are brought, before the court or tribunal in some manner sanctioned by law as proper and sufficient. Legal dictionary
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Statutory declaration
Commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are made under statutory authority before a justice of the peace or a commissioner for oaths and may in certain circumstances be substituted for a statement on oath, such as an affidavit or sworn statement. Legal dictionary
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Due diligence
Is the investigation of a business or person prior to signing a contract. A common example of due diligence in various industries is the process through which a potential buyer evaluates a target company or its assets for an acquisition. Legal dictionary
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Stalking
Unwanted or obsessive attention by an individual or group towards another person. It is related to harassment and intimidation and may include following the victim in person or monitoring them. Legal dictionary
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Sanctions
Penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules or regulations. Criminal sanctions take the form of serious punishment, such as imprisonment or severe fines, whilst civil sanctions are usually monetary fines levied against a party to court proceedings or his/her legal representative for violating rules of procedure, or for abusing the judicial process. Legal dictionary
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Unfair dismissal
Used to describe a situation where an employer dismisses an employee in breach of employment law, which may give rise to legal proceedings for reinstatement and/or compensation for dismissal. Legal dictionary
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Henceforth
Imports a continuity of action or condition from the present time forward, but excludes all the past. Legal dictionary
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Severability
Used to describe the ability of a provision to be separated completely from the main part of the contract, statute or other legal document but still leave the rest of the document legally valid. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract’s purpose that if they are illegal or unenforceable, the contract as a whole will be voided. Legal dictionary
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Course of dealing
A clearly recognisable pattern of previous conduct between parties to a business transaction. Where such conduct becomes the subject of litigation, a court will examine what the parties intended when they entered into the contract. The supposition will be that the parties drew up the contract taking into account the customary manner in which business has previously been transacted prior to signing the contract, and that customary behaviour, or course of dealing, will be highly relevant to ascertaining the intentions of the parties. Legal dictionary
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Confidentiality agreement
Otherwise known as a Non-Disclosure Agreement, is a legal contract between two or more parties that outlines confidential information, knowledge or material that the parties wish to share with each other for certain purposes, but which must not be disclosed to third parties. Legal dictionary
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Contributory negligence
The rule of law under which an act or omission of a claimant is a contributing cause of injury and possible bar to a complete recovery. It can be used as a defence to prevent a claimant from being awarded full damages if he or she did not take reasonable care of his or her self. In the United States, it is a defence that prevents a claimant from being awarded damages if he or she has knowingly and voluntarily accepted the risk of loss, injury or damage. Legal dictionary
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Ex gratia payment
Money paid where there is no legal obligation to do so. For example, by an employer to an employee or to compensate victims of an accident; the organisation making the payment does not admit any legal responsibility. Legal dictionary
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Veracity
Describes the truthfulness or honesty of what is said by someone. Legal dictionary
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Ex parte
Is a judicial proceeding conducted for the benefit of only one party. The term ex parte is used in a case name to signify that the case was brought by the person whose name follows the term. Ex parte applications are often made when the application is for an injunction. Legal dictionary
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Inter vivos
Latin term which literally means ‘among the living’. It is used to describe the transfer of property by agreement between living persons as opposed to a gift made by a Will. Legal dictionary
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