Quote
"It
is a very salutary check for a judge to realise
that if he does say something silly it is
liable to get into the papers." - Sydney
William Templeman
Head
Office
Yusuf Ali & Co.
2nd Floor Ghalib House,
24 Abdul Wahab Folawiyo Rd., Ilorin, Nigeria
Telephone
234-(0)31-740894, 234-(0)31-740895
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Resources:
Legal Dictionary
Barrister
A class of legal practitioner who
is by or custom limited to
advocacy and advisory work, in any field of the law. Also known as
`counsel'.
Breach of contract
The failure of a
party to a contract to perform a contractual obligation; or an
anticipatory breach.
Class
action
Legal proceedings which allow the claims of many
individuals against the same , which arise out
of the same or similar circumstances, to be conducted by a single
representative.
Commercial
law
Areas of law having particular relevance to commerce and
commercial transactions, such as contract, agency, banking, insurance,
finance, export and import of merchandise, carriage of goods, mercantile
agency and usages, company and partnership .
Common
law
The unwritten derived from the traditional law of England
as developed by judicial precedence, interpretation, expansion and
modification.
Contract
1. A legally binding promise or agreement; an act in law
where two or more persons declare their consent as to any act or thing to
be done or forborne by some or one of them for use of the others or other
of them.
2. The body of general principle pertaining
to the various branches of contract , such as sale of goods contracts or
charter parties.
3. The act of entering into an
agreement.
4. The form or document that embodies the
terms of an agreement between parties, for example a `standard form
contract'.
Costs
At , the remuneration and disbursements
incurred in relation to legal work.
Custody
Control, responsibility for, or confinement.
Damages
Compensation for damage suffered; a
court-awarded sum of money which places the in the position he or she would have
occupied had the legal wrong not occurred.
Defendant
Any legal person against whom relief is
sought in a matter, or who is required to attend proceedings in a matter
as a party to the proceedings.
Equity
1. The separate body of law, developed in the Court of
Chancery, which supplements, corrects, and controls the rules of common
law.
2. A right recognised by a court of equity, based
on ethical concepts, and justifying in certain cases the judicial
intervention of that court.
Hearing
A proceeding, conducted by a court, tribunal, or administrator
with a view to resolving issues of fact or , in which oral evidence may be taken and
documentary and real evidence tendered.
Industrial law
The area of law that regulates industrial relations, that is, the
relations between employers and employees and their representative
organisations.
Jurisdiction
The scope of the court's power to examine and determine the
facts, interpret and apply the law, make orders and declare judgment.
Jurisdiction may be limited by geographic area, the type of parties who
appear, the type of relief that can be sought, and the point to be
decided.
Law
The subject
matter of the discipline of jurisprudence; the framework of rules and
regulations governing society.
Lawyer
A barrister or ; a person qualified to practice .
Legislation
The instruments embodying the creation and promulgation of
laws by the Commonwealth and State legislatures; law made by Parliament,
that is, statute law or Acts of Parliament. Law made by other bodies under
the authority of Parliament is termed delegated legislation.
Liability
A person's present or
prospective legal responsibility, duty, or obligation.
Licence
A permit to do something which would without a
licence be unlawful.
Litigation
The conduct of legal proceedings by parties before a court.
Magistrate
A judicial officer appointed by the
executive government to hear and determine civil and criminal matters
arising in courts of summary .
Mediation
A method of dispute resolution which
includes undertaking any activity for the purpose of promoting the
discussion and settlement of disputes, bringing together the parties to
any dispute for that purpose, and the follow-up of any matter being the
subject of such discussion or settlement.
Negligence
An action in , the elements of which are: the existence of
a duty of care; breach of that duty; and material damage as a consequence
of the breach of duty.
Offence
A specified
transgression of the criminal or regulatory law.
An offence may be against the common
law or against the provisions of statutes or subordinate .
Offer
1. In colloquial usage, the
expression of mere willingness to commence negotiations.
2. In law, the expression of willingness to
contract on terms stated.
Out of court settlement
In civil proceedings, an agreement where parties to proceedings,
without reference to the court and at any time before final judgment, to
settle or compromise all or any of the matters in issue between them.
Plaintiff
A person who seeks
relief against any other person by any form of proceedings in a court.
Precedent
1. A judgment that
is authority for a case on similar facts.
2. A
document or form used as a basis or template by lawyers as a guide for
drafting in analogous situations.
Product liability
1. A responsibility
or onus imposed by the law of and tort, or by consumer on a manufacturer, distributor, or
supplier to warn consumers appropriately about possible detrimental or
harmful effects of a product and to foresee how it may be misused.
2. In tort law, the liability of a company, manufacturer, or producer for
defective products, which arises from the duty owed by that manufacturer
to consumers of those products, irrespective of the existence of a
contractual relationship.
Property
A word which can be used to describe every type of right (that
is, a claim recognised by law), interest, or thing which is legally
capable of ownership, and which has a value.
Prosecution
1. Proceedings by which a
person is brought to trial for a criminal offence; the initiation of legal
processes in the criminal jurisdiction of a court.
2. The party conducting criminal
proceedings against another person; generally called `the Crown' in higher
courts.
Public liability
A
risk of to the public at large against which an
insurance policy may be obtained.
Respondent
1. A party to court proceedings against whom
relief is claimed by an applicant or an appellant.
2. A person against whom an interlocutory or procedural application is made
by way of notice of motion.
Special
1. Damages
awarded for loss actually suffered and expenditure actually incurred.
2. Damages in respect of a that is not actionable per se.
3. Damages that are peculiar to a particular in that they are over and above those
suffered by the public at large.
Solicitor
A class of legal practitioner, generally
responsible for advising clients on legal matters, preparing legal
documents, representing clients in summary matters, and instructing
barristers in relation to more complex advocacy work.
Tort
A civil wrong distinguished from
the law of , law of restitution, and the criminal
law. A tort is a breach of a duty, potentially owed to the whole world,
imposed by .
Witness
1. A person who sees or hears material relevant to an
enquiry.
2. A person appearing at a to give evidence.
3. A person who observes the signing of a legal document such as a will as
and when it takes place and affirms it by adding his or her own signature
on the document as an attesting witness
Without
prejudice
A statement made without an intention to affect the
legal rights of any person.
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