LEGAL DICTIONARY
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This is a list of words which will be useful for you as a paralegal. We have tried to choose words that you may generally come across in working with the law, and words that are used a lot in this manual. So you will not find all the difficult words that are used in the manual in this dictionary.
Words that you can find elsewhere in this dictionary are in hyperlinked in red.
A B C D E F G I J L M N O P Q R S T U V W
Accessible open, available, easy to get to Accrual system this applies to marriages after November 1984 which are out of community of property; all income and assets that are gained during the marriage will be shared equally if there is a divorce Accused a person charged with a crime Act a law made by parliament Acting for representing, a lawyer taking on a case for you Action, civil a case made by someone against another person or institution to claim money for damages or losses; also called civil claim or suing
Action, criminal a case made by the state to punish someone who has committed a crime; also called a criminal charge/case or prosecution Acquitted found not guilty Ad hoc (committee or decision) for this purpose only Admissible allowed as evidence in a court case Admission saying you did something or you know something without admitting guilt Admission of guilt admitting guilt for a small crime and paying a fine instead of going to court e.g. traffic fine Advocate a lawyer who specialises in court work; also called counsel Affidavit a written statement that is sworn to be the truth in front of a commissioner of oaths; can be used as evidence in court Affirm swear in court that you will speak the truth, without swearing to God in the usual way Agent a person who is authorised to represent someone else Aggravating factors things that will cause you to get a heavier sentence, e.g. previous convictions, causing bad injuries Albeit if Alibi your witness who can say you were doing something else at the time of the crime Alien a person who is not a citizen of the Republic of South Africa Alleged / Allegation when something has not yet been proved in court Alternatively or Annuity what you pay to an insurance company every year Ante-nuptial contract a contract made before a marriage to say what will happen to the property and possessions of the couple if they divorce Anticipate expect Appeal asking a higher court or authority to overrule the judgment, sentence or decision of a lower court or authority Appear be in court Appellant the person or institution making an appeal Applicant a person, a CC, a company or an institution who applies for something For example, a person or institution that applies to the court for an interdict or court order. If a CC fills in a form to be registered for VAT, it is applying to be registered and is called the applicant. If you apply for a disability grant, you are called the applicant. Apropos to do with Arbitration people who have a disagreement agree to use a third person to hear the case and to make a decision Argument summing up at the end of a case, done by prosecutor and defence to state the strength of their case Articled clerk see candidate attorney Assessor (court) someone who helps a judge in the High Court Assessor (property) a person who is registered to decide what something is worth Assets property that you own, for example houses, cars, furniture, linen, books, money in the bank and insurance policies, that can be used to pay your debts Assurance making payments as insurance on your life Attach property to seize someone's property when they owe money, after getting a court order Attorney a lawyer who works in a law firm Attorney-client privilege whatever a client tells to an attorney is secret and cannot be told to anyone else without the client's permission Attorney-General see Director of Public Prosecutions Authorise / Authority to give / have permission or power to do something Awaiting trial prisoner being held in a police station or a prison between the time of arrest and the court case or bail hearing Bail money paid by the accused to the court so he\she can go free until the trial which will decide whether he/she is guilty or not Balance of probabilities the amount of proof that you need to win a civil action; when you weigh up the two sides in the civil action, you have to show that your story is stronger than the other side's story on a balance of probabilities Bar Council you can make a complaint to this body that controls advocates Bargaining Council body in an industry where workers and employers make agreements on wages and working conditions Beneficiary someone who gets money or property in a will as an heir or legatee Benefit society a society that offers insurance against illness, unemployment, etc. Bequest a legacy, something left to someone in a will Beyond reasonable doubt the amount of proof needed for someone to be guilty in a criminal trial; the case has to be proved beyond reasonable doubt - there must be no doubt at all Bill of Rights a list of rights and freedoms for all people living in a country, which is part of the law of that country; South Africa has a Bill of Rights in our Constitution Bona fide in good faith, believing that you are doing something you have a right to do Breach of contract breaking the terms agreed on in a contract By-law law made by a local authority Candidate attorney someone with a law degree who works for a law firm for two years before qualifying as an attorney; used to be called an articled clerk Capacity see legal capacity Case-docket file opened by police when investigating a crime c.f. compare with Chambers the offices where advocates work Charge-sheet the paper in the Magistrate's Court that lists all the crimes that someone is charged with Children's Court special court at Magistrate's Court that decides cases affecting the welfare of children Citizen's arrest when you arrest someone that you see committing a serious crime or you have a good reason for thinking was involved in a serious crime, e.g. murder, rape, theft Civil action / claim
claiming money through the civil court from a person who caused you harm
Clerk of the Court official in Magistrate's Court who receives and issues legal papers Client the person you give advice to or act for as a paralegal or attorney Commission of Enquiry government-appointed investigation, often headed by a judge Commissioner person who decides cases in the Small Claims Court; also used as abbreviation for Commissioner of Oaths, Commissioner of Inland Revenue, Compensation Commissioner, and so on Commissioner of Oaths person in front of whom an affidavit can be sworn, e.g. police, ministers, postmasters, bank managers Common cause what is agreed Common law laws not made by parliament that have been around for centuries, for things like murder, theft, assault, etc. Community of property all the possessions of a married couple are shared between them Community Service Order doing a sentence of community service in the community instead of going to prison Compensation money that a court orders you must be paid for damages or losses you suffered; money paid from the Compensation for Occupational Injuries and Diseases Fund Complainant person who makes a criminal charge against someone else at a police station Comprehensive Insurance general insurance covering things like personal injuries, fire, theft and damage to property Confession admitting that you committed a crime Consensus agreement which eveyone is satisfied with Consent giving your permission or agreement to something Consultation meeting between lawyer and client Contempt of Court breaking a court order or showing disrespect for the court, e.g. swearing at the magistrate Contract written or verbal agreement between people Conveyancer lawyer specialising in property transfers Conviction found guilty of a crime by a court Correctional supervision a conditional release from prison, similar to parole and probation, where you are released and monitored by someone called a Correctional Official Correspondent local lawyer used by law firm from another town Costs / Legal costs expenses of a legal action Counsel advocate, lawyer who appears in court Court order an official order by a judge telling someone to do something or to stop doing something Credit when someone is allowed to buy things and pay them off later Credit agreement a written contract about how money owed will be paid off Creditor person money is owed to Criminal charge / case / action court case against someone who committed a crime Criminal record list of all the crimes you have been found guilty of; also called previous convictions Cross-examination chance for the other side in a court case to ask you questions about your evidence Custody (arrest) being held in police or prison cells Custody (of children) day-to-day care and control of a child who lives with you Customary African law the indigenous laws of African tradition Customary union / marriage marriage according to African customary law Damages
money claimed for loss, harm or pain suffered
Debt money which one person or institution owes another, e.g. Sarah owes Petrus R100 and she owes Thandi R200, so she has debts of R300 Debt collection collecting of money owed Debtor person who owes money Deed of sale written sale agreement for the sale of land or houses Deed of transfer certificate of the transfer (handing over) of land or houses; proof of ownership of the land or house Deeds office goverment office where ownership of land is recorded De facto real or actual De novo new Default judgment judgment given against someone in a civil claim when they do not come to defend themselves Defective goods goods that have something wrong with them Defence legal reason to explain or excuse what you did, e.g. you hit someone because you were provoked Defence / Defence counsel lawyer or team of lawyers defending someone in a criminal case Defendant the person against whom a civil claim is made Delict a civil wrong done by one person against another, which might lead to a civil action Demarcation setting a limit, drawing a line between Dependant someone who is financially dependent on another person, e.g. a child on a parent Deponent person who makes an affidavit Deposit money paid when you buy something on credit Deputy-Sheriff court official who delivers legal documents in a High Court case Deregulation removing labour laws and regulations to make it easier to work or set up a business in an area or sector Derogate take away from Detainee person held in prison or police cells Determine decide Desist stop Director of Public Prosecutions boss of all the state prosecutors in a region, who decides about who should be charged in criminal cases Disburse pay or pay out Discharge court case being stopped because of a lack of evidence Discovery a legal procedure to get someone to show you what documents they have in their possession District Courts ordinary Magistrate's Courts in each big town District Surgeon doctor employed by the state to gather medical evidence for court cases, to treat prisoners, to give the public injections, etc. Divorce Courts courts where people can go to have divorce cases resolved more cheaply and quicker Documents / Documentary evidence legal papers which could also be used as evidence in court Domiciled living somewhere permanently Duress force or pressure Estate all the things and money that belonged to a person who has died Evidence information, including statements and documents, that is used as proof in a court case Ex officio arising out of or by virtue of a job or position, e.g. all police are ex officio peace officers Ex parte application a very urgent court application that is done verbally without written papers or without going through all the usual procedures (e.g. giving the other side a chance to get to court) Ex post facto afterwards or later Excess the first part of the claim that an insured person has to pay, e.g. out of a R1000 claim, the insured pays R200 and the insurance company the other R800 Exculpatory statement a statement to the police where you state your innocence or you don't make any admissions Executor the person who sorts out the affairs of a dead person Expert / Expert witness someone who has specialist knowledge of something and who could be called to court to give evidence on this Express terms things written down or spoken in a contract Expropriate the state taking over land and paying the owner for the loss Final order when the court makes a final order, it replaces any previous (interim) court orders Finance charges payments made for using someone else's money, e.g.interest Finding decision of a court or a Commission of Enquiry Foreclose selling property to get back a loan made under a mortgage Foster grant money to pay for things like food, clothes and education for a child that has been entrusted to you by the state because her/his own parents do not look after it Fraud the crime of lying or deceiving in a way that causes harm to someone else Fraudulent misrepresentation lying on purpose Freehold the right to buy and own property (land, house or buildings) Friendly society a society for insurance against sickness, etc. Further particulars asking the other side to give you more details about the charge or the allegations in a criminal or civil case Guarantee a promise that things bought are in a good condition Guardian person who has legal authority over a child Hearsay evidence something you heard from someone else Heir a person who inherits from a will High Court higher court than Magistrate's Court, for serious cases or cases involving large amounts of money Hire purchase agreement see Instalment Sales Agreement Identity parade where you try to point out someone to be charged in a criminal case Illegal against the law, breaking the law Immoveable property property that you cannot move like land, houses and other buildings Implied terms things in a contract which are understood between the two sides even though they are not written down or spoken In camera a hearing or court case without members of the public present In lieu of instead of or in the place of Income tax tax on the money you get from employment or property Indemnity when the law says you cannot make case against someone even though they have done something wrong Indictment the paper in the High Court listing all the crimes someone is charged with Inquest judicial investigation into whether any person or group of people was responsible for the death of someone who did not die of natural causes Insolvency bankruptcy, when you owe more money than you have in money or possessions; when a person does not have enough assets to pay their debts, the court will say that the person is insolvent and appoint someone to manage the insolvent person's affairs Instalment money paid by a buyer each week or month Instalment Sales Agreement a contract where the buyer pays off the price of something in instalments, and the seller usually stays the owner until the last instalment has been made Instruct / Instructions telling someone, e.g. a lawyer, what to do Insurance protecting yourself against loss by making certain payments Inter alia among other things Interdict a court order to protect someone or to force someone to do something Interest money charged to you when you borrow money; money you earn when you lend money e.g. when you keep your money in a bank account you are lending the bank the money Interim order a court order that is temporary (for the time being) and not final Intestate dying without a will Invoice a paper saying what was sold and what it cost Ipso facto by/through that fact Issue / Issuing when the court official puts the offical stamp on a document Judgment decision made by judge or magistrate Judicial to do with the courts Junior counsel an ordinary or junior advocate, who assists a senior, more experienced advocate in a court case Jurisdiction the powers and functions of a court or other institution Justices of the Peace senior public officials who are given powers by the government to keep the peace and to perform certain tasks in an area, e.g. magistrates, state advocates, lieutenants or higher ranks in the SAPS or SANDF Juvenile under the age of 18 Juvenile Courts special courts at the Magistrate's Court which decide cases where the accused is a juvenile Labour Court court where workers can make a case against their employers or employers can make a case against workers Latent defects problems or faults in things that you buy that the eye cannot see Law Society you can make a complaint to this body that controls the work of attorneys Lawful done with power given by the law Lawyer general name for someone who has a law degree Lease contract that allows someone to rent the property of another person Leasehold the right to rent property for a certain length of time Legacy a bequest, something left to someone in a will Legal something that the law allows, not breaking the law Legal Aid state assistance to someone who can't afford a lawyer Legal Aid Board you can appeal or make a complaint to this body about Legal Aid Legal capacity ability in law to take legal action or to have action taken against you Legatee someone who benefits from a legacy (bequest) in a will Legislation laws passed by parliament Lessee a person who rents something from someone else Lessor a person who rents something to someone else Letter of demand letter demanding payment in a civil claim
Levy a tax Liable / Liability when by law you are responsible for something or owe money; if a person or a company owes someone money, then they are liable for paying that money and can be taken to court if they don't pay; if the person owes R1 000, then their liability is R1 000 Lien the right to keep something you have repaired until the owner pays you for the work Lieu / in lieu of instead of, in the place of, e.g. salary in lieu of notice Life policy insurance that gets paid out when someone dies Liquidation declaring a company bankrupt Litigant a person who takes legal action Litigation legal action Lockout employers keeping workers out of the workplace to force them to come to an agreement Locus standi legal standing, the right to bring a case to court, e.g. a child does not have locus standi Magistrate's Courts lower courts run by a magistrate Maintenance money paid by a parent to the person looking after his/her children e.g. by the father to mother if he does not live with her and his children; also money paid to a divorced wife by her ex-husband Maintenance Court / Officer place and person for sorting out maintenance problems at the Magistrate's Court Mala fide something done in bad faith, not in the way or in the spirit it should be done Malicious when someone causes harm or damage on purpose Marriage (civil) registered marriage that took place in front of a magistrate or a minister of certain religions Marriage (common law) living together without being legally married Matter case or legal problem Means test test used to decide whether someone is poor enough to get Legal Aid or state grants Mediation using a go-between to help sort out a disagreement between people Messenger of the Court court official who delivers court papers in the Magistrate's Court Minor person under 21 Misrepresentation making a false or incorrect statement Mitigation / Mitigating factors reasons why someone who has been found guilty of a crime should get a light sentence Mortgage / Mortgage bond signing away part of your house as security for a loan; if you do not pay back the loan, the house can be sold to pay back the money Mutatis mutandis with the necessary changes Negligent / Negligence not being careful enough Negotiation when people who have a disagreement talk to each other to try and sort it out No-claim bonus a discount given in insurance payment if no claims have been made for a long time Nolle prosequi the certificate that the Director of Public Prosecutions writes when he/she decides not to prosecute someone Notary public an attorney who specialises in certifying or drawing up legal documents Notice (civil claim) special kind of letter of demand, e.g. in cases against the police, where you demand payment by a certain date Notice (work) period of advance warning that someone gets before being dismissed from work Notice of intention to defend after a summons is served on someone in a civil claim, they can send back a paper to say they will defend themselves against the claim Notice of motion a paper sent by the applicant in an interdict or other court application to the person against whom the case is made, to let them know Oath swearing that something is the truth Offence crime Oral evidence telling your story in court Order of court see court order Ordinance law made by a provincial council Out-of-court settlement see settlement Paralegal a person without a law degree who has legal skills, knowledge and experience Parole being released from prison on condition that you do not misbehave Particulars of claim a document in which the legal grounds for a civil claim are set out Party one of the sides or people involved in a court case or legal dispute Peace Officers public officials who through their job have certain powers to keep the public peace, e.g. the power of all members of the SAPS to arrest or search you Peace Order an official letter from a magistrate to someone warning them that if they do not stop certain behaviour, they will be arrested and charged, e.g. to a man who is beating a woman Pending being held over or waiting for, e.g. pending a decision Pension fund fund which usually immediately when you retire pays you out one third of what you have paid in and two thirds over the rest of your life Per se in itself Perjury lying under oath in court or in a sworn statement Place of Safety a home for children who have no-one to look after them Plaintiff the person who makes a civil claim Plea / Plead saying 'guilty' or 'not guilty' to charges in a criminal case; also stating your defence in a civil action Pleadings documents in civil actions where the parties set out their cases Pointing out showing the police some place, person or thing; a kind of evidence that can be used against you in court Post-mortem medical examination of dead body to find cause of death Power-of-attorney a legal document you sign giving someone else the right to do certain things for you, e.g. collect your wages Precedent example or standard that can be used or followed in future Premium amount paid each year for insurance Prescribe / Prescription period time-limit before a case falls away Previous convictions see criminal record Prima facie at first sight, as it looks at first Prisoner's Friend Magistrate's Court official who can help you with things like getting money to pay for bail or fines Private prosecution a special kind of criminal case you can make when the Director of Public Prosecutions decides not to prosecute someone Privatisation where the government sells public services to private owners, e.g. telephone and electricity supplies Pro deo counsel see Public Defenders Probation a trial period where people, often juveniles, have a chance to prove that they can behave Probation Officer person, usually a social worker, who has to make sure that someone on probation behaves themselves Procedural to do with procedures and process rather than the content of something Professional Assistant fully qualified attorney who works in a law firm, but who is not a partner in the firm Profit all the money a business gets in minus all the money the business spends on costs Example: Busy Bees pre-school looks after 30 children. The parents each pay R50 per month to Busy Bee. The pre-school therefore gets 30 times R50, which is R1 500 (the turnover). There are two teachers, who are paid R450 each per month. Per month electricity and water costs R10; cooldrink and bread for the children costs R200; and crayons and paper and so on costs R100. All the costs together add up to R1 210. The profit is worked out by taking the R1 500 turnover, and subtracting the R1 210 costs. The profit is therefore R290 per month. Proof enough evidence to win or at least to make a good case Prosecute / Prosecution bringing a case against someone accused of breaking the law Prosecutor see state prosecutor Provident fund fund which usually pays you out all your pension money immediately as a lump sum Provisional taxpayer someone who owns a business or earns more than R50 000 per year must register as a provisional taxpayer with the Receiver of Revenue; this means that she or he pays all her or his tax 2 or 3 times a year Provisions rules made by a law Public Defender government-employed lawyers who have the job of defending people who can't afford lawyers in criminal cases Public Protector public official appointed by the government to investigate complaints of corruption and unlawful actions by government officials or civil servants Quid pro quo one thing for another, exchange Rebates amounts taken off the tax you have to pay Re-examination the time after cross-examination in a court case where your lawyer gets a chance to ask you some more questions Receipt paper to prove money was paid or to claim back things taken away from you Recognition agreement document signed by employers saying that a union is allowed to organise their employees; also contains agreements on retrenchments, disciplinary procedure, etc. Reformatory a special kind of prison for juveniles Regional Courts higher Magistrate's Courts in large towns or cities that have more powers than District (Magistrate's) Courts Registrar court official at the High Court, responsible for issuing documents and setting dates for cases Regulation a law made by a government minister who is given the authority to do so Reinstatement re-employing a dismissed worker Retrenchment an employer cutting down on his / her workforce by paying off workers Remand postpone Remission time taken off a prison sentence for good behaviour Repossession taking back goods sold on credit if instalments are not paid on time Respondent person against whom an application (including an interdict), or an appeal, is made Restrain to stop Return day the date when a court application (including an interdict) will come back to court for a decision or for the next step to be taken; also called a rule nisi Review higher court looking at decisions made by lower courts or authorities, to see if anything was done wrongly, e.g. correct procedures were not followed Roadworthy certificate a document saying a vehicle is fit to be driven Rule nisi see return day Sectional title ownership of part of a building or block of flats Security being a surety or cover for someone, especially to pay money Self-incrimination / Right against self-incrimination the right to stay silent and not to say things which can be used agianst you in court Senior Counsel a senior advocate who will work with a junior advocate in a court case Sequestration the process for declaring someone bankrupt or insolvent Serve / Service when official court documents are delivered to you and you have to sign to say you have received them Servitude right to use land that belongs to someone else without paying rent Set aside to cancel Settlement agreement between parties in a civil claim to accept what is offered and to stop the court case
Sine die without a date; when an application is postponed without a fixed date being set for when the case will carry on Sine qua non essential part or requirement Small Claims Court court for civil claims up to R3 000
Solvent able to pay debts Specific performance when a court orders someone to do exactly what they promised under a contract Spoliation order special court order to immediately get back something that was taken away from you Stamp duty a tax you have to pay on freehold property State advocate advocate who works in the Director of Public Prosecutions' office and who represents the state in court State prosecutor person who presents the case against the accused in a criminal case; lawyer for the state State witness witness used by the prosecutor to prove the case against the accused Statement a written or verbal account of what happened, which could be used as evidence in court Status quo the position or situation as it is now, without any change Statutes laws passed by parliament; also called Acts Sub judice being heard in court (usualy used to say the media cannot comment on a case because it is still being heard) Submit / Submission stating something which is an opinion or allegation Subpoena official paper used to tell witnesses they must come to court to give evidence Subsidy a hand-out of money for things like housing, usually from the government or an employer Substantive to do with the content or substance of something, not the procedures involved Succession law dealing with what happens to people's property after they die Sue / Suing to claim money through a civil action from someone who caused you damage Summary dismissal being sacked without notice or notice pay Summons (civil) a document that contains a demand for money and starts a civil
action
Summons (criminal) a document calling a person to come to court to stand trial for breaking the law Supreme Court of Appeal the highest court in the country (except for the Constitutional Court) Surety being a security for someone, by paying or being in a position to pay money, e.g. helping with bail If one person signs a piece of paper saying that they will pay another person's debt if that person cannot pay the debt, they have stood surety for that person. For example, Vuyiswa owes Paul R500. Nolita signs a piece of paper which says that if Vuyiswa cannot pay Paul the money she owes him, then Nolita will pay Paul the money. Nolita has stood surety for Vuyiswa. If Nolita refuses to pay Paul, he can take her to court. Suspended sentence part of a prison sentence or fine is put off or postponed and will only happen if the same crime is committed within a stated time Sworn statement statement sworn under oath, which is strong evidence in court; also called affidavit Tariff the lists of what to charge for different kinds of legal work, which lawyers are meant to follow Tenant a person who rents property from a landlord/lady Tenure way of possessing or occupying, e.g. land tenure Testate having a valid will Testator person who makes a valid will Testify give evidence in court Third party someone other than the two parties who make an agreement Third party insurance automatic insurance for all cars to pay people who are injured in car accidents Title deed the legal document which shows who owns a property Transfer duty the tax you have to pay when land is transferred Trespass to go onto or stay on property without the permission of the owner Trial court case Trial-within-a-trial a trial held as part of another trial to decide whether certain evidence will be allowed Turnover all the money which comes into the business from the things or the service which the business sells, without subtracting the money which is spent on the business, such as wages, materials and so on, e.g. Busy Bees pre-school looks after 30 children and the parents each pay R50 per month to Busy Bee, so the turnover is 30 times R50, which is R1 500 (Turnover is different to profit. To work out the profit, you subtract the costs from the turnover.) Ultra vires beyond the authority given by law Unfair dismissal where an employer unlawfully fires a worker Unfair labour practice employers doing something that the law or the courts say is unfair Unlawful outside the powers given by law Urgent application applying to the High Court for an urgent court order or interdict Usufruct the right to use and enjoy the fruits of land that belongs to someone else Valid well-based or good in law, e.g. a valid claim Visa permit to enter a country Vis-a-vis to do with Viz. namely Voetstoots just as it is Wage determination regulations for wages and working conditions in a specific industry or area Warning / Released on warning released without bail and warned to appear on a certain date Warrant a document issued by a magistrate (or sometimes a police officer of rank of lieutenant or higher) that gives permission for things like arrests, searches, and evictions Warrant of Execution document giving court officials the right to take away certain property to cover your debts Warranty see guarantee Will a signed document saying what must happen to a person's possessions after they die Wind up collect all possessions and money that belong to an estate and pay all the debts Witness person who saw something and may give evidence in a court case Witness's friend a person at the Magistrate's Court who explains witnesses' rights and pays their transport costs |