МВС України
ДНІПРОПЕТРОВСЬКИЙ ДЕРЖАВНИЙ УНІВЕРСИТЕТ
ВНУТРІШНІХ СПРАВ
М.А. Кізіль
ТЛУМАЧНИЙ СЛОВНИК
ЮРИДИЧНИХ ТЕРМІНІВ СУЧАСНОЇ АНГЛІЙСЬКОЇ МОВИ
Дніпро
2018
УДК 811.111:004.738(038)„20”
К 38
Рекомендовано до друку науково-методичною радою
Дніпропетровського державного університету внутрішніх справ (протокол № 8 від 17.04. 2018 р.)
РЕЦЕНЗЕНТИ: доктор філологічних наук, професор Бялик В.В., завідувач кафедри комунікативної лінгвістики та перекладу Чернівецького національного університету імені Юрія Федьковича; кандидат філологічних наук, доцент Марчишина А.А., доцент кафедри англійської мови Кам’янець-Подільського національного університету імені Івана Огієнка; кандидат філологічних наук Ярема О.Б. доцент кафедри англійської філології та методики навчання англійської мови Тернопільського національного педагогічного університету імені Володимира Гнатюка.
Кізіль М.А.
К 38 Тлумачний словник юридичних термінів сучасної англійської мови / М.А. Кізіль. Дніпро: Дніпроп. держ. ун-т внутр. справ, 2018. 120 с.
ISBN 978-617-7665-54-9
До реєстру словника ввійшла загальнонаукова та широковживана юридична термінологія англійської мови. У словнику надано дефініції юридичних термінів, наведено приклади їх використання у текстах ЗМІ англомовних країн.
Словник призначено студентам, викладачам, науковцям-філологам та юристам, а також усім тим, хто цікавиться питаннями англомовної юридичної термінології.
ISBN 978-617-7665-54-9 УДК 811.111:34(038)
© Кізіль М.А., 2018
© ДДУВС, 2018
ВСТУП .....................................................................................................................4
A ‒ Z……………………………………………………………………………….5
СПИСОК ЛЕКСИКОГРАФІЧНИХ ДЖЕРЕЛ ……………………….......... 116
СПИСОК ДЖЕРЕЛ ІЛЮСТРАТИВНОГО МАТЕРІАЛУ............................. 117
ВСТУП
Англомовна юридична термінологія є на сьогоднішній день однією з найбільш динамічних терміносистем англійської мови, що постійно розвивається, збагачуючись новими термінами. Розвиток цього шару термінологічної лексики пояснюється процесами оновлення та спеціалізації юридичної науки та практики, постійними змінами, що відбуваються у сфері законодавства англомовних країн та усього світового співтовариства.
Юридичним терміном є слово або словосполучення, що позначає спеціальне поняття з правової сфери суспільного життя, закріплене в фаховій юридичній літературі (законодавчі акти, словники, наукові праці). Основними характеристиками юридичної термінології є точність, дефінітивність, номінативність, відтворюваність у мові та мовленні, вмотивованість, співвіднесеність із певним поняттям. Додатковими можна вважати моносемічність, відсутність експресивного забарвлення, стилістичну нейтральність термінів.
Подібні ознаки не є типовими для всіх юридичних термінів англійської мови. Закріплюючи живий, динамічний досвід її носіїв, який ґрунтується на професійній діяльності та реальній практиці, подібні терміни можуть мати синоніми та бути багатозначними. Англомовні юридичні терміни межують також із обсягом понять загальновживаних лексем, набуваючи таких специфічних рис, як: експресивність, образний характеру, стилістичного забарвлення та оцінного значення.
Англомовна юридична термінологія використовується не тільки у фаховій літературі, енциклопедичних і спеціальних словниках. Вона знаходить своє застосування у інших сферах англомовної комунікації, типах дискурсів і текстів, їх фрагментів, тим чи іншим чином пов’язаних із питаннями права та юрисдикції.
Контексти використання юридичних термінів, представлені у даному словнику, свідчать про їх широке вживання у печатних ЗМІ англомовних країн. Словник містить п’ятсот англомовних юридичних термінів, поданих із дефініціями та контекстами реального застосування. Словник має практичне значення для всіх науковців, які спеціалізуються в галузі міжнародного, порівняльного та європейського права. Він є корисним для вжитку в навчальному процесі в системі закладів вищої освіти України. Cловник призначено студентам, викладачам і всім тим, хто цікавиться питаннями англомовної юридичної термінології.
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1. Acquittal n. A decision by a court that a defendant accused of a crime is innocent.
What this all means is that if an accused who is a non-citizen is innocent of a crime, they best fight hard for an acquittal before a criminal court as, once convicted, claims to having pleaded guilty merely to be released from detention or other expressions of innocence will not only fall on deaf ears at the IAD but will also be seen as evidence of a lack of remorse (Canadian Lawyer, April 17, 2017).
2. active judge n. A judge in the full-time service of the court.
If a majority of the court’s active judges voted to rehear the case, it would typically be considered by an 11-member panel made up of the circuit’s chief judge and 10 judges chosen at random.
Rehearing motions filed by parties and requests for votes on rehearings requested by judges are not particularly unusual. The Ninth Circuit rehears decisions issued by three-judge panels 15 to 25 times a year, the court said.
The Ninth Circuit has 25 active judges, 18 of whom were appointed by Democratic presidents (The New York Times, February 13, 2017).
3. activist judge n. A judge who uses his or her position on the bench to make decisions that reflect personal attitudes and beliefs instead of applying the letter of the law or following precedent.
For all their talk about ‘activist judges,’ Florida lawmakers just created a pathway for judges to decide what voters intended last November in passing a state constitutional amendment that legalizes medical marijuana for patients with certain diseases(Sun-Sentinel, May 8, 2017).
4. adversary procedure n. A system of criminal justice in which conclusions as to liability are reached by the process of prosecution and defence.
They reported that Mr. St. Clair took the position that the matter was an adversary procedure in which the White House should have the right to file counterbriefs on legal points developed in the inquiry and to cross‐examine witnesses (The New York Times, February 15, 2014).
5. advocate n. One who exercises a right of audience and argues a case for a client in legal proceedings.
A West Philadelphia native and Temple University graduate whose role on the Atlantic City Beach Patrol as a teenager helped spawn a long career there as a city councilman and mayor, Sen. Whelan was known as a tireless advocate for Atlantic City. He went on to become a New Jersey assemblyman and senator (The Philadelphia Inquirer, August 28, 2017).
6. affidavit n. a written statement which is sworn to be true by the person signing it. It is sworn before someone authorised by the court.
According to an arrest affidavit, a school bus driver was going at a high speed when the bus crashed, killing five students and injuring more than 20 others. The affidavit, which was posted online by Chattanooga station WTVC, says driver Johnthony Walker was driving well above the posted speed limit of 30 mph Monday afternoon when the bus left the narrow, winding road and eventually struck a tree (Fox News, November 22, 2016).
7. affirm v. To confirm a legal decision, particularly (of an appeal court) to confirm a judgment made in a lower court.
A former state policy that banned gay couples from becoming foster parents was the same as a ‘whites only’ employment sign, the Nebraska Supreme Court wrote in a ruling released on Friday that affirmed a lower court’s decision (The Independent, April 10, 2017).
8. amicus curiae n. One submitted to the court on behalf of third parties who stand to benefit from the court’s decision, and is submitted to bring to the attention of the court matters that the court might otherwise overlook.
Eurotunnel will apply to the courts for the appointment of mandatories ad hoc, but the company can recommend a list of names for approval. The nearest English legal equivalent is amicus curiae, or friend of court (The Independent, February 10, 2016).
9. appeal n. A request by either the defense or the prosecution that a case be removed from a lower court to a higher court in order for a completed trial to be reviewed by the higher court.
Before Green actually received the diamond, however, Michael Winberg ‒ Martin Winberg’s brother, who had been made a trustee of the estate ‒ asked for an appeal, saying the judge who made the order was mistaken (The Toronto Star, August 26, 2017).
10. appellant n. A person who initiates an appeal.
‘The appellant does not wish to return to Kiribati because of the difficulties they faced due to the combined pressures of over-population and sea-level rise,’ the court noted (NBC NEWS, May 12, 2014).
11. automatic stay n. An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
The filing triggers an automatic stay, which precludes Marsh from paying amounts owed to vendors and store landlords. Several landlords have sued the company, claiming it has failed to pay rents (The Washington Times, May 11, 2017).
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12. bail v. to pay, or promise to pay, an amount of money so that an accused person is not put in prison before the trial. If the accused person does not appear at the trial, the court can keep the money put up for bail.
A financial watchdog has had to bail out a Scottish credit union after the company went bust and became unable to pay back its members (Daily Record, April 21, 2017).
13. bailiff n. an officer of the court who carries out the court’s orders, such as taking a debtor’s goods and selling them to get money to pay the debtor’s debts. A bailiff can also personally deliver (serve) documents on people.
It’s the prosecutor’s show: He will present the case, starting with an overview and then bringing forward evidence. But it’s not like a trial. There will be no attorney for the other side, no judge, not even a bailiff. For most of the time, they will be alone except for the prosecutor and, on occasion, a witness who will be providing testimony (New Republic, August 20, 2014).
14. bailiwick n. the area over which a bailiff has jurisdiction.
In other news, Markey will keep his chairmanship of the House Select Committee for Energy Independence and Global Warming, which, as Roberts notes, will allow him to ‘hold hearings on national security, jobs, housing, refugees, trade, you name it. Those subjects are outside the E&E Subcommittee’s legislative bailiwick but within the Select Committee’s bullypulpit bailiwick (New Republic, January 8, 2013).
15. bailment n. transferring possession of goods from the owner to someone else. The ownership of the goods is not transferred. A practical example of bailment is that someone who hires a television has possession of it, but the rental company still owns the television.
The lender has said the Esanda business which provides point-of-sale financing to customers of vehicle dealers, bailment and other wholesale finance, as well as financing under car manufacturers’ brands was no longer viewed as a core operation (ANZ Banking Group, July 24, 2015).
16. bankrupt n. someone who has had a bankruptcy order.
Now the granddaddy of Mexican destinations is attracting damaging attention again for a debt so crushing that the municipal government couldn’t pay the severance packages of 500 outgoing police officers. ‘Acapulco is bankrupt,’ new mayor Luis Walton said recently, adding that the debt had soared 394 per cent to $123 million under his predecessor, Manuel Anorve Banos (Maclean’s, February 19, 2013).
17. bankruptcy order n. an order that a court may issue against someone if they cannot pay their debts when they are due to be paid. This order takes ownership of the debtor’s property away from the debtor and allows much of the property to be sold. The money raised is divided between the creditors following strict rules.
A judge made the bankruptcy order against the 47-year-old Hull City legend at a hearing in London following an application from HM Revenue and Customs. He was not at the hearing and was not represented by a lawyer (BBC News, December 12, 2016).
18. bar n. the collective term for barristers. When a lawyer becomes a barrister, it is called ‘being called to the bar’.
A member of the bars of both British Columbia and Alberta, Brown currently sits in Edmonton, where he also serves as an appeal judge for both the Northwest Territories and Nunavut. He has also served as a member of the Court of Queen’s Bench(Maclean’s, July 27, 2015).
19. barrister n. a lawyer who can speak in the higher courts, which a solicitor is not allowed to do.
Information about lines of inquiry the authorities followed and searches which were carried out in the jurisdiction are also understood to be included. The barrister for the coroner said the documents would be useful for the forthcoming inquest (BBC News, September 8, 2017).
20. barter n. a way of paying for things by exchanging goods instead of using money.
An employment lawyer who reviewed the contract for BuzzFeed called it ‘unreal,’ noting that in addition to the 10% share of TV sponsorship and rights deals, it gave Blazer 10% of the cash value of barter and in-kind deals, a fixed monthly ‘administrative fee,’ and an additional 10% cut of the administrative and TV sponsorship fees ‒ in essence, a fee on fees (The Washington Post, July 13, 2017).
21. bench n. the name for the judges or magistrates in a court.
The magician was searched, his hands placed in steel handcuffs, and he was chained to a bench in the jail cell. The jailer shut the cell door and walked away, confident that Houdini would never wrest free (Providence Business News, November 4, 2016).
22. bench warrant n. a warrant issued by a court for the arrest of an accused person who has failed to attend court.
From Monday 20 February anyone who still has an active bench warrant against them will be ‘fair game’ for having their face and details shared online, the PSNI say (BBC News, February 13, 2017).
23. beneficial interest n. belonging to a person even though someone else is the legal owner.
Mr Cahir said the man’s former business was taken over by the bank and sold on. Its shareholders are his relatives and the company accountant. The businessman has no beneficial interest in the business and only works for it as an employee, the court heard (The Irish Times, September 9, 2017).
24. beneficial owner n. the owner of a piece of land (and the buildings on it).
In an unusual situation, one of the financiers behind National Collegiate’s trusts agrees with some of the criticism. He is Donald Uderitz, the founder of Vantage Capital Group, a private equity firm in Delray Beach, Fla., that is the beneficial owner of National Collegiate’s trusts (The New York Times, July 17, 2017).
25. beneficiary n. someone who benefit.
The judge denied summary judgment on the remaining counts, which alleged that Feinstein was a third-party beneficiary to the contract between the management company and the condominium association; the condominium association was negligent in the selection, hiring, supervision, and retention of the management company; and the condominium association failed to perform its contractual duties to provide management services (Security Management, November 11, 2014).
26. bequest n. something given in a will, other than land or real property.
The Smithsonian’s museums fall into two basic categories. One category is relatively simple and involves bequests from wealthy benefactors: There’s no reason the US has to have national collections of Asian art, but when the Freer and Sackler treasures were deeded to the Smithsonian, it ended up with two (Washingtonian, October 26, 2016).
27. bigamy n. the offence committed by someone who is already married but still goes through a marriage ceremony with someone else.
Though created as a result of the American Civil War, as the stories of Jane and Eunice demonstrate, these pension files allow us to examine much more than just that conflict. They provide insights into everything from family emigration, chain migration and the maintenance of trans-Atlantic connections, to social issues such as indigence, alcoholism, domestic violence and bigamy. Most importantly, they allow us to hear the voices of thousands of Irish emigrants for the first time (The Irish Times, February 24, 2017).
28. binding precedent n. following the decisions made by higher courts. Lower courts must follow the precedents set by the decisions of higher courts and this is called binding precedent.
‘It’s probably a smart move in that the players association is trying to identify a better forum than what the NFL would prefer,’ said McCann, a sports law professor at the University of New Hampshire. ‘Even though Texas isn’t necessarily a great forum for labor, it’s better than going to the court where the Brady decision is binding precedent’ (Lincoln Journal Star, September 1, 2017).
29. blackmail n. demanding payment from a person in return for not revealing something shameful about them.
But the lawsuits ‘do not preserve marriages or protect families and do not promote the reconciliation of broken marriages,’ Williams’ lawyers said in a statement. Instead, ‘most of these suits are brought after the marriage is over and the intense litigation over personal and private matters is instead used by vindictive ex-spouses as a type of blackmail’ (Lincoln Journal Star, September 5, 2017).
30. bodily harm n. physical injury or pain.
On Feb. 28, 2016, while Duggan was on-duty, he went to the woman’s Mississauga home after a call for someone in distress who had threatened or was attempting to cause bodily harm to herself or others (The Hamilton Spectator, September 7, 2017).
31. bond n. a written promise to repay a debt at an agreed time and to pay an agreed rate of interest on the debt. Neither Bird Construction Company nor the subcontractor notified Valard Construction Ltd. that the subcontractor had obtained a labour and materials payment bond, which named Bird Construction as the obligee (Canadian Lawyer, November 6, 2017).
32. break clause n. a clause in a contract which allows it to be ended.
Meanwhile, a spokeswoman for the Department of Finance told The Irish Times that paying the UK’s £3.23 billion (€3.5 billion) credit line early would trigger a €200 million penalty under a break clause attached to the facility (The Irish Times, September 7, 2017).
33. bridle way n. a path or road which is a right of way for people walking and people leading or riding horses. Cyclists can use it as well but must give way to pedestrians and horses.
A spokesman for Greater Manchester Police said: ‘This decision was reviewed and the incident is now being investigated as an offence of riding a cycle on a road, bridle way or footpath without due care and attention, contrary to Section 29 of the Road Traffic Act 1988 (BBC News, January 15, 2013).
34. bye-law n. a law made by a local authority. It only applies within the local authority’s boundaries.
The council’s economic development committee is set to discuss the issue at a meeting next week. Councillors said all involved should make the voluntary system work, to avoid the need for a bye-law (BBC News, August 30, 2017).
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35. care order n. A court order placing a child under the care of a local authority.
Conwy council said the baby had been placed under an interim care order (BBC News, July 18, 2017).
36. case law n. The body of law set out in judicial decisions, as distinct from statute law.
Hampshire County Council said it was not aware of any case having been brought against it at this stage, but highlighted case law establishing that foster carers are not workers(BBC News, October 9, 2017).
37. causation n. The relationship between an act and the consequences it produces.
Murder is intentional, while manslaughter generally involves more reckless behavior such as drunken driving. Przybycien ‘kind of set the wheels in motion, but there’s a problem with causation because she made the ultimate decision to take her own life,’ Medwed said (Lincoln Journal Star, October 11, 2017).
38. charge sheet n. A document in which an officer at a police station records an accusation against a suspect.
Sammy Taveres, Deputy Superintendent of Police said: ‘We have filed a charge sheet against Vikat Bhagat in the case of rape and murder of Irish tourist Danielle Mclaughlin’ (The Mirror, June 13, 2017).
39. charging order n. A court order obtained by a judgment creditor by which the judgment debtor’s property (including money, land, and shares) becomes security for the payment of the debt and interest.
Prior to this it was more difficult as creditors could only apply to secure a charging order on unsecured debts if they first issued a default notice, then applied for a CCJ and then waited until the borrower missed a payment. Only at that point under the CCJ could they apply for a charging order (The Mirror, February 26, 2014).
40. charity n. A body (corporate or not) established for one of the charitable purposes specified by statute.
Moore served as president of the charity from 2007 to 2012, working 20 hours a week, tax filings show. The charity agreed to pay him a $180,000 annual salary in a deal that was not publicly disclosed until a news account by The Post last week(Chicago Tribune, October 20, 2017).
41. charter n. A document evidencing something done between one party and another.
Speaking to the Treasury Select Committee on Tuesday, Jayne-Anne Gadhia said that a move by City regulators to sign up to the Women in Finance charter had forced many firms to address and start tackling issues around gender equality (The Independent, October 24, 2017).
42. chastisement n. Physical punishment as a form of discipline.
A large number of verses in the Qur’an also promise a painful chastisement to unbelievers in the life to come, and a punishment commonly specified for unbelievers is ‘the fire’ or ‘Jahannan’. Beyond these judgments are further categories of the use of kafara in the Qur’an. A handful of verses declares that God’s curse is on the unbelievers (The Vancouver Sun, October 26, 2013).
43. cheque n. A bill of exchange drawn on a banker payable on demand.
Wong is a former state DAP leader, while Haffiz is the former Pasir Mas
Pas Youth chief. The duo were jointly charged with seven counts of cheating Liw Chong Liong, 57, by offering a non-existent leasehold land project involving a 402-hectar oil palm plantation in Sokor, Kelantan. This had motivated the victim to hand over cheques totalling RM576,5000 in seven occasions between Oct 20, 2014 and April 30, 2016 in Taman Malim Jaya and Taman Paya Emas, Melaka(New Straits Times, September 8, 2017).
44. cheque card n. A card issued by a bank to one of its customers containing an undertaking that any cheque signed by the customer and not exceeding a stated sum will be honoured by the bank.
According to the National Retail Federation’s Holiday Consumer Intentions and Actions Survey, 41.5 per cent of U.S. shoppers will use debit and cheque cards – which are essentially cash – to pay for holiday items this year, compared with 40.1 per cent last year (The Toronto Star, November 17, 2014).
45. civil court n. A court exercising jurisdiction over civil rather than criminal cases.
Unlike those charged with a crime, people in civil court do not have the constitutional right to an interpreter. For many of California’s nearly 7 million limited-English proficient speakers — about one-third of whom live in Los Angeles County — that makes the system practically impenetrable (Los Angeles Times, November 4, 2014).
46. civil defence n.Establishments and units organized or authorized by the competent authorities to carry out humanitarian tasks intended to protect the civilian population against the dangers of hostilities or disasters and to help it to recover from the immediate effects of these.
An unidentified member of the Syria civil defence volunteer group describes the bombardment of Aleppo on Thursday morning (The Guardian, September 23, 2016).
47. collective redundancy n. The proposed dismissal as redundant by an employer of 20 or more employees.
John Holt, director of Avondale Advanced Waste Treatment Ltd, said: ‘Having carefully considered all of the issues and options, we have proposed to close the Materials Recycling Facility (MRF) from 31 May and have started collective redundancy consultation with employee representatives’ (BBC News, April 26, 2013).
48. compensation n. Monetary payment to compensate for loss or damage. When someone has committed a criminal offence that caused personal injury, loss, or damage, and he has been convicted for this offence or it was taken into account when sentencing for another offence, the court may make a compensation order requiring the offender to pay compensation to the person suffering the loss.
After the estate closed, the plantation owner had given a Power of Attorney to a developer which had agreed to build homes for its former workers and a RM7,000 compensation was to be paid and held as deposits (New Straits Times, September 9, 2017).
49. complainant n. A person who alleges that a crime has been committed.
Court transcripts from the 2014 trial in Calgary show that Camp, who was a provincial court judge at the time, called the complainant ‘the accused’ numerous times and told her ‘pain and sex sometimes go together’ (Los Angeles Times, March 10, 2017).
50. criminal court n. A court exercising jurisdiction over criminal rather than civil cases.
Dozens of civil society organizations have presented a report to the International Criminal Court in The Hague in hopes it will lead to an investigation of possible crimes against humanity in northern Mexico (The Washington Times, July 11, 2017).
51. criminal damage n. The offence of intentionally or recklessly destroying or damaging any property belonging to another without a lawful excuse.
Actor Colin Egglesfield was arrested in Arizona over the weekend on suspicion of criminal damage and disorderly conduct after allegedly going a bit bonkers at the Tempe Festival of the Arts (Los Angeles Times, April 2, 2014).
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52. damages pl. n. A sum of money awarded by a court as compensation for a tort or a breach of contract.
Harvey slams region’s economy, with damages in the billions (Fox News, August 28, 2017).
53. damages on bills of exchange n. A penalty affixed by law to the nonpayment of a bill of exchange when it is not paid at maturity, which the parties to it are obliged to pay to the holder.
Damages on bills of exchange drawn on any place on any place out of The Bahamas other than Europe(Statute law of the Bahamas, April 30, 2014).
54. damnification n. That which causes a loss or damage to a society, or to one who has indemnified another.
The complainant, a man of slight build, testified that both the prisoners, and a third person, whom he characterized ‘as being as big as either of them,’ set upon and belabored him, ‘to the great loss, detriment, and damnification’ of his diminutive ‘system corporate’ (The New York Times, January 14, 2014).
55. damnum absque injuria A loss or damage without injury.
Ms Arroyo also claimed that the UCCP lacked the cause of action against her on the ground that there was ‘damnum absque injuria’ (loss without injury); that the complaint is a suit against the State; and the UCCP leaders do not have any cause of action for any alleged act on her part in the performance of her official duties as president and commander-in-chief (The Inquirer, November 1, 2015).
56. dation n. The act of giving something without any liberality.
A legal process known as dation in payment, is seen as a significant step by analysts (Bloomberg Businessweek, July 1, 2015).
57. debate n. A contestation between two or more persons, in which they take different sides of a question, and maintain them, respectively, by facts and arguments; or it is a discussion, in writing, of some contested point.
As with much investment jargon, it can mean different things at different times – but typically it’s heard when commentators debate whether emerging markets can maintain their strength as the U.S. economy falters (Morning Star, April 1, 2013).
58. de bene esse n. A technical phrase applied to certain proceedings which are deemed to be well done for the present, or until an exception or other avoidance, that is, conditionally, and in that meaning the phrase is usually accepted.
A motion was made in the Surrogate’s Court yesterday, before Surrogate Calvin, to take the testimony de bene esse of a witness offered in behalf of the contestants in the Vanderbilt will ease (The New York Times, July 11, 2013).
59. debenture n. A certificate given, in pursuance of law, by the collector of a port of entry, for a certain sum, due by the United States, payable at a time therein mentioned, to an importer for drawhack of duties on merchandise imported and exported by him, provided the duties arising on the importation of the said merchandise shall have been discharged prior to the time aforesaid.
In 1976, the people of Domain decided they needed an arena of their own. The money would come from a municipal debenture (NBC NEWS, February 20, 2014).
60. debt n. A sum of money due by certain and express agreement.
When non-savers were asked about the primary obstacles to their saving for retirement, the top two obstacles noted were credit card debt and regular monthly bills (Forbes, August 24, 2017).
61. debtee n. One to whom a debt is due a creditor, as, debtee executor.
Banks prefer our debtor/debtee nation for obvious reasons. That could turn out badly for them in the near future (The Toronto Star, July 11, 2013).
62. debtor n. One who owes a debt; he who may be constrained to pay what he owes.
Each year, the government writes off some of the almost $19 billion owing in student loans for a number of reasons: a debtor may file for bankruptcy, the debt itself passes a six-year legal limit on collection or the debtor can’t be found(The Toronto Star, December 23, 2016).
63. deceit n A fraudulent. misrepresentation or contrivance, by which one man deceives another, who has no means of detecting the fraud, to the injury and damage of the latter.
Although there was evidence of deceit, Judge Loretta A. Preska of the Federal District Court in Manhattan reversed the convictions by finding there was no fraudulent intent because ‘the evidence was not sufficient for a rational jury to find that the alleged misrepresentations went to an essential element of the contract or that they exposed the Port Authority to potential or actual economic harm’(The New York Times, August 7, 2017).
64. declarant n. One who makes a declaration.
Section 106 of the CMTA states that a declarant may be a consignee or a person who has the right to dispose of the goods (The Inquirer, August 21, 2016).
65. declaration n. A statement that a person writes and files with the court. It tells the judge why the person should win the case.
England captain Joe Root says he has no regrets over the attacking declaration that gave West Indies the chance to win their first Test match in this country for 17 years(The Independent, August 29, 2017).
66. Declaration of Trust n. The act by which an individual
acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same.
Each UITF product is governed by a Declaration of Trust (or Plan Rules), which contains the investment objectives of the UITF as well as the mechanics for investing, operating and administering the fund (The Inquirer, May 02, 2013).
67. Declaration of War n. An act of the national legislature, in which a state of war is declared to exist between the United States and some other nation.
‘We have left no stone unturned in our fight against the Raccoon Nation,’ said Tory, channeling General George S. Patton before the allied invasion of France in 1944. ‘Defeat is not an option’. And so a declaration of war was passed by public works. (The Toronto Star, April 10, 2015).
68. de facto adj. Existing as a matter of fact rather than of right.
High up in the mountains of Nagorno-Karabakh, the tiny de facto republic at the crossroads of the Eurasian continent, hope is a priceless currency (The Independent, April 20, 2017).
69. de facto judge n. Someone who performs the duties of a judge but who does not have legitimate judicial authority.
It can’t be much fun working at the Institute for Fiscal Studies, the think tank that has become the de facto judge of political parties’ economic plans (The Independent, April 27, 2013).
70. de jure adj. Existing as a matter of legal right.
Despite having suffered a history of de jure discrimination, including the banning of Chinese immigration and the mass incarceration of Japanese Americans, some Asian Americans are now being exploited by primarily white players who stand to benefit from current inequities in higher education (NBC NEWS, July 19, 2016).
71. de novo adj. Anew; starting again at the beginning; doing something a second time as if the first time had not occurred.
The possession orders should instead be appealed to the High Court when they would be heard ‘de novo’, from the beginning (The Irish Times, January 16, 2017).
72. demurrer n. A formal allegation by a defendant that the facts stated in the complaint are true but nevertheless are not legally sufficient to allow the case to proceed, and requesting judgment for the defendant and dismissal of the cause of action.
Outside court, Stern’s lawyer was outspoken, exclaiming: ‘He did not commit a crime, period!’ Sadow said he had filed a demurrer, a legal document contending that the law under which Stern is charged does not apply to him (The Associated Press, May 14, 2013).
73. disability n. The want of legal capability to perform an act.
Namely, it doesn’t compare the proposed policies – such as a boost to food stamps, disability payments or lead abatement – to the best possible alternatives (Bloomberg Businessweek, June 8, 2017).
74. disallow v. To refuse to allow, to deny the validity of, to disown or reject.
Tax Court disallows billion dollars in losses from EY tax shelters (Forbes, August 11, 2017).
75. document n. A piece of written, recorded, printed, or photographed information or evidence; a physical object or instrument on which information is recorded in letters, numbers, symbols, or images, including maps, letters, photographs, prints, x-rays, contracts, deeds, receipts, accounts, etc.
Pope Francis has asked that the preparation for the Irish meeting would encourage such a conversation by giving families the opportunity for deeper reflection on his document(The Irish Times, August 29, 2017).
76. domain name n. A name composed of letters and/or numbers, such as ‘ebay.com,’ or the portion of an email address that follows the @ sign, linked to a numerical IP address that identifies the location of a particular website or computer.
In the U.S., there are also legal service providers who work on contingency to find fake domain names that use trademark phrases in the domain name selling counterfeit goods(Canadian Lawyer, December 29, 2016).
77. domestic partner n. A person who shares a sexual relationship and a home with another person but is not necessarily married to him or her.
So the news that a handful of companies like Delta Airlines is starting to phase out benefits for same-sex domestic partners, and replacing them with healthcare insurance plans that only married couples will qualify for, shouldn’t come as too much of a shock (The Guardian, May 14, 2015).
78. domestic violence n. Violent physical behavior committed by one family member against another.
Despite concerns raised by Democrats about states’ rights and domestic violence, the Republican-controlled Congress has pushed the proposal closer to becoming law (Bloomberg Businessweek, December 1, 2017).
79. domicile n. A legal home; the country or state that a person considers his or her permanent residence, even if he or she is living elsewhere; the place where a corporation conducts its affairs.
S&P Dow Jones Indices ruled in September 2014 that Alibaba was ineligible for the best known U.S. equity gauges due to its China domicile (Bloomberg Markets, November 29, 2017).
80. donation n. Something given; a gift.
The charges were later dropped after an arrangement with the district attorney that Sumner would make a donation to a woman’s shelter (Canadian Lawyer, October 4, 2017).
81. donee n. One who receives something from someone else.
An acceptance letter should be obtained from the donee i.e. the mother to whom the amount has been gifted. The acceptance letter should give complete residential address, details of bank account in which cheque has been deposited and Permanent Account Number of the donee (The Tribune, October 2, 2017).
82. donor n. One who gives something to someone else; one who creates a trust, gives a gift, or confers a power.
Scholarships can help to expand a student’s network. Last year, I was equally proud to receive the inaugural Class of 2001 Scholarship. Among the donors is Rory Barnable, a Toronto lawyer who recently stepped away from years of insurance litigation practice, most recently as a partner at McCague Borlack LLP, to start up Barnable Law PC(Canadian Lawyer, February 29, 2016).
83. dowry n. Money and property brought into a marriage by a bride.
He works to save for a high dowry and market himself as a desirable marriage partner. He gets an opportunity to join a family as a third husband, the maximum allowed by law, and instantly falls in lust with May-ling (The Washington Post, September 5, 2017).
84. drunkenness n.Intoxication; the condition of mental impairment brought on by consuming too much alcohol.
Actor Shia LaBeouf has been released from jail after posting USD 7,000 bond on charges of public drunkenness and disorderly conduct (DNA India, July 10, 2017).
85. dummy corporation n. A corporation with no legitimate business purpose formed to protect its founders from liability or to hide their activities.
When the client is a large multinational corporation, this can involve an international web of dummy corporations, taking intangible property – such as patents and trademarks – on an imaginary round the world trip to stay one step ahead of the IRS and other tax authorities (The Guardian, November 10, 2017).
86. dummy director n. A director of a corporation who is in fact merely a figurehead and who has no real interest in the corporation.
To keep a tab on dummy directors being appointed to the boards of corporates, work is on to put in place a mechanism wherein new applications for directorship would be linked with PAN and Aadhaar numbers of the individual concerned (The Tribune, November 5, 2017).
E
87. easement n. A right to use someone else’s property (the servient estate or burdened property) for a specific purpose.
These are to ‘stop being fearful of tariffs with the EU because they make manufacturing in the UK a better proposition,’ and to ‘start offering direct support to home grown manufacturers by way of easements on costs such as rates, energy and employment’(ChronicleLive, August 10, 2016).
87. eleemosynary adj.Charitable, related to charity.
They have a legal obligation to their shareholders. Tax is not paid on the basis of what ‘feels right’ either to public opinion or to politicians. It is not some eleemosynary contribution (The Telegraph, January 24, 2016).
88. encroach v. To intrude; to gradually advance into someone else’s property or territory.
As the outsized federal government continues to encroach on individual rights, Paul said, he thinks there will be a groundswell of these movements (The Atlantic, September 30, 2014).
89. enfranchise v. To grant someone the right to vote.
Roy should have been enfranchised as a roving diplomat with a Commission from Parliament - in his retirement - to seek out the reality of the Kurds and their struggle against ISIL which apparently seems to have been successful to a greater degree than the so-called coalition of the inept (The Australian, September 29, 2016).
90. escheat n. The reversion of property to the state if it has no verifiable owner or anyone to inherit it.
To enforce their claim, the Mowatts brought two proceedings: an action for a declaration that the provincial Crown, which holds registered title, does not own the disputed lot and therefore could not transfer it to the City of Nelson by escheat; and a petition for judicial investigation under the Land Title Inquiry Act into their title to the disputed lot (Canadian Lawyer, February 17, 2017).
91. estate tax n. A tax on property transferred after the owner’s death that is levied on the estate.
Although the president-elect’s plan retains key tax breaks like deductibility of mortgage interest and real estate taxes, higher standard deductions can effectively cut the value of those deductions (Newsweek, January 1, 2017).
92. exculpate v. To show that someone is not guilty of a crime or wrongful act.
And, of course, both of them were offered to exculpate Winston from the criminal charge against him. They just might do that. But we also need to distinguish between the legal case against Winston and the question of ‘integrity’, to quote the Heisman Trust (San Francisco Chronicle, December 17, 2013).
93. executor n. A person chosen by a testator to give away his or her property according to his or her will.
She took a look at the will and recommended the contact the executor. But the man wanted more, and ended up reporting her to her law society for not returning his calls(Canadian Lawyer, April 7, 2014).
94. exile n. Banishment from a country; a person who has been expelled from a country.
Tasheva was born in Uzbekistan, where her family had been exiled by the Soviet Union. Now, she is certain if she attempts returns to Crimea, the authorities will consider her a Russian citizen and try her as a separatist and extremist (Newsweek, November 22, 2017).
95. extradite v. For a state or country to transfer a person accused of a crime to the country or state where the crime supposedly occurred.
Gulen The United States should extradite Fethullah Gulen, a Turkish citizen, as is allowed under an existing treaty. We have ample evidence that last month’s attempted coup was staged by the Fethullah Terrorist Organization (FETO), led by military officers affiliated with the group. It was also supported by nonmiltary individuals and groups affiliated with Gulen (The Philadelphia Inquirer, August 19, 2016).
96. eyewitness n. Someone who sees an event firsthand. Let the absurdity of immunizing an officer whose actions are the very thing in question sink in. Mr. Abelove also failed to bring to the grand jury the testimony of two eyewitnesses to the event (My San Antonio, December 4, 2017).
F
97. family allowance n. Money allocated to a surviving spouse and children to support them while the deceased spouse’s estate goes through the probate process.
A progressive version of the family allowance need not, and ought not, be male-centered (The Atlantic, December 13, 2015).
98. family court n. A court with jurisdiction over matters related to families and children, including child abuse and neglect, support and custody, paternity, and juvenile delinquency.
Space in the court building will be freed up when the civil court, family court and tribunal service move into the civic center as part of a deal that will net the council £32m (Chronicle Live, August 22, 2017).
99. felony murder n. A killing that occurs while committing a felony; whether the killing occurs accidentally or not, under the felony murder doctrine it could be prosecuted as first-degree murder; this doctrine varies from state to state.
He was sent down in 2005 for felony murder after killing a man during a burglary. Sentenced without parole, he could spend the rest of his life in prison (The Telegraph, July 19, 2017).
100. fiscal adj.Concerning financial matters, particularly matters of government finance and the public treasury.
A total of 3,192 cases were reported in the fiscal year that ended September 30, 2011, a 1 percent increase in reporting from the previous fiscal year, according to last year’s report (Crime Magazine, May 6, 2013).
101. floating debt n. Short-term debt held by a business or government.
That meant Oakland, and thousands of other cities that relied on insurers to back their floating rate bonds, was forced to refinance its floating debt with new, fixed-rate bonds (NBC News, November 18, 2013).
102. fornication n. Sexual relations between two unmarried people, or by an unmarried person (who commits fornication) and a married person (who commits adultery).
Leibowitz then turned to the subject of Jack Tiller. In 1931, Victoria Price had been convicted in Huntsville, Alabama of fornication and adultery with the married Tiller. Both had been fined and sentenced to a short stint in jail (Crime Magazine, January 6, 2016).
103. forum n. A court or tribunal; a place where people can try to get a judicial or administrative remedy for some wrong.
British Columbia is not the most appropriate forum for the determination of the plaintiffs’ claims and that the forum convenience would be an Eritrean court or other tribunal (The Philadelphia Inquirer, December 7, 2017).
104. founder n. One who establishes a charity or institution by endowing it or supplying initial funds. Charles Tiffany, the company’s founder, was allowed into the investors’ group as was Civil War general and 1864 Presidential candidate George McClellan, and Civil War general Benjamin Butler, then a United States Representative (Crime Magazine, July 3, 2015).
G
105. gag order n. An order issued by a judge prohibiting participants in a lawsuit from discussing the case publicly in order to protect the litigants’ right to an impartial trial; gag orders may not usually be imposed on the press.
Judge William Bennett set the officers’ bond during a hearing he held inside the jail after refusing media requests to open the proceedings. No transcripts were made available, and the judge later issued a sweeping gag order prohibiting anyone involved in the case, including potential witnesses and victims, from providing any information to the media (The Hamilton Spectator, November 09, 2015).
106. garnishee n. The third party who is ordered by the court to surrender money or property owed to a debtor so that it can be used to pay the debtor’s debts.
Garnishee was on notice of solicitors’ right to be paid in respect of taxed costs (Bloomberg Businessweek, April 13, 2015).
107. garnishment n. A court order that takes the property or money that a third party owes to a debtor (typically wages owed to the debtor by an employer) and gives it to a plaintiff creditor.
The money could be obtained from the attachment of assets to a garnishment of wages, forcing an employer to withhold pay from an individual and send it directly to the creditor owed money (The Irish Times, January 7, 2015).
108. goodwill n. An intangible business asset composed of a good reputation with customers, suppliers, and the community at large, good employee morale, the ability to attract customers and clients, good management, and other positive aspects that are difficult to value monetarily but that contribute to the success of a business.
Taiwan says that it and old foe China have released high-level spying convicts in a sign of goodwill linked to a first-ever meeting between their presidents (The Associated Press, November 30, 2015).
109. governmental immunity n. A doctrine limiting the federal government’s power to tax states and the states’ power to tax the federal government.
The Flint city attorney and Michigan state attorney general declined to comment on pending litigation. To proceed, the plaintiffs will have to show why the city and state are not covered by governmental immunity (NBC NEWS, March 7, 2016).
110. grand jury n. A group of people who are selected to investigate an alleged crime and indict suspected criminals.
The alt-weekly Cleveland Scene’s report revolves around the concept of the ‘no-bill’, which is the name for a grand jury’s formal decision ‒ arrived at by voting ‒ not to bring charges in a given case (Slate, January 20, 2016).
111. grand theft n. Taking and carrying away the personal property of another person of a value in excess of an amount set by law with the intent to deprive the owner or possessor of it permanently.
Los Angeles police have arrested comedian Andy Dick on suspicion of grand theft (Chicago Sun-Times, November 11, 2014).
112. gratis adj. Free; without charge.
It seems Richard, otherwise known as husband to Kathy and cousin-inlaw to Teresa Giudice, isn’t happy with the arrangement they made with Something Sophisticated, as it yielded them only two gratis shirts (NBC NEWS, July 20, 2013).
113. guardian n. A person appointed by will or by law to assume responsibility for incompetent adults or minor children.
Charlie’s guardian agreed that life support should be withdrawn, generating a complex legal case involving the hospital, Charlie’s appointed legal guardian, and his parents (The Boston Globe, July 13, 2017).
114. guilt n. The condition of having committed a crime or wrongful act.
‘I’m so disappointed with the lorry driver for not admitting his guilt’ (New Straits Times, June 16, 2017).
115. guilty adj. Having committed a crime; culpable; having been determined by a jury to have committed a specific crime.
The owner of a Milton, Ont., used car dealership has pleaded guilty to several identity fraud charges after registering cars to people who did not own them (The Hamilton Spectator, August 29, 2017).
H
116. handwriting n. Writing done by hand with a hand-held implement such as a pen or pencil; the unique writing produced by a particular person and identifiable as his or her production.
A division bench of justice Naresh Patil and justice Prakash Naik directed the police to obtain a handwriting expert’s report from state Criminal Investigation Department at the earliest, which would clarify whether the signature on the Will is that of Osho or not (DNA India, August 4, 2016).
117. headnote n. A short summary of a case and its legal holdings placed at the beginning of the case report.
He added that their search tool is different as publishers and online portals provide headnote (interpretation of a case) as the only value for a judgement (DNA India, November 30, 2017).
118. hearing n. A legal proceeding, usually less formal than a trial, in which the parties to a case are given an opportunity to present evidence and testimony to a judge or other official who determines the facts and makes a decision based on the evidence presented.
The European Court of Justice on Tuesday opened a hearing on the recognition of same-sex marriages in European Union countries where they aren’t legal (The New York Times, November 21, 2017).
119. heat of passion n. The mental and emotional state caused by sudden anger, hatred, terror, or extreme excitement that provokes someone to commit a crime.
At Norwood’s trial late last year, there was no dispute over whether she had killed Murray. Defense attorneys sought a verdict of second-degree murder, arguing that the crime was committed in the heat of passion and without premeditation (The Washington Post, January 27, 2013).
120. hedge fund n. A mutual fund or partnership of investors that uses hedging techniques such as arbitrage, futures contracts, and selling short in an attempt to maximize profits.
However, even if the Conservatives prove the polls wrong and secure an increased majority of parliamentary seats, many hedge funds expect any recovery in sterling to be short-lived (DNA India, June 6, 2017).
121. heir apparent n. A person who has a legal right to inherit an estate if he or she outlives its owner, and whose right to the property cannot be defeated.
Indira Gandhi’s efforts to promote her younger son Sanjay as her successor were not taken seriously by the then Soviet Union and it anticipated that Rajiv would be her heir apparent, as per declassified CIA documents (DNA India, January 25, 2017).
122. heir n. A person legally entitled to inherit an estate if its owner dies without a will.
A testator who wants to disinherit an heir must have ‘valid and rational’ reasons at the time of her death, ruled Halfyard, in reference to a 1996 decision by the B.C. Court of Appeal. The trial judge focused on the reasons he found to be true (Canadian Lawyer, October 1, 2013).
123. hidden asset n. An asset recorded on a company’s books at much less than its market value.
Andrew Beckett, managing director of cyber security and investigations at Kroll, said the firm uncovered multimillion-pound hidden assets in a divorce case last year by monitoring the location of the children’s social media posts. The court ordered the husband to give his wife $30m, but he claimed not to have such assets(The Guardian, April 3, 2016).
124. hidden tax n. A tax built into the price of an item, usually incurred at some point in manufacturing or distribution.
Council member Roger Berliner (D-Potomac-Bethesda), the lone member in support of Frick’s bill, said the current system imposes a significant hidden tax on Montgomery consumers and ultimately hampers the county economy (The Washington Post, November 29, 2015).
125. hidden adj. Concealed from view.
‘That is almost impossible given that evidence of human rights abuses is very difficult to obtain and is necessarily private and hidden from the public,’ says Agarwal. ‘The court rightly rejected this view, and held that general evidence could be relied upon’(Canadian Lawyer, September 8, 2017).
126. hire v. To give someone a job; to take someone on as an employee.
The initiative’s market is people who might not qualify for legal aid but also don’t have the funds to hire a lawyer to handle their case beginning to end (Canadian Lawyer, October 25, 2017).
127. holder n. A person with legal possession of a document of title, promissory note, check, or other instrument, and who is entitled to receive payment on it.
Only one CSP can be issued per NOC, which is particularly important where multiple patent holders are eligible for a CSP. Close co-operation and careful planning may be required to ensure that a CSP issues for the best available patent and the longest possible CSP term (Canadian Lawyer, April 24, 2017).
128. home equity loan n. A loan in which a lender gives money to a borrower in exchange for a lien on the borrower’s house, using the borrower’s equity in his or her house as collateral.
Consumers who turn to payday loans don’t have access to avenues that middle-class consumers might tap, like opening a home equity loan or borrowing from a retirement account, said Greg McBride, chief financial analyst at Bankrate.com. Many have limited access to credit, or don’t have a bank account (CNBC, June 2, 2016).
129. home port n. The port where a ship or vessel is registered, or the port nearest to the residence of its owner or manager.
Britain’s new flagship aircraft carrier HMS Queen Elizabeth arrived at its home port in southern England today to great fanfare as tens of thousands jammed the harbour in welcome (DNA India, August 16, 2017).
130. home rule n. A means of apportioning power between state and local governments that allows local entities a certain degree of independent self-government, allowing them to pass laws without first getting permission from the state.
Those who believe in Scotland remaining a part of the UK now need to do the same to ensure that agreement on home rule is not immediately unpicked. And so a long-term agreement must stipulate that it is for the long term – even if that needs to be enshrined in a new treaty of union (The Guardian, September 16, 2015).
131. homestead n. The residence of a family, including house, land, and outbuildings.
The range of a mother’s and daughter’s excitement about a trip to Elvis’s homestead shows both the business promise and the generational risk facing Jamie Salter, whose Authentic Brands Group LLC recently completed a $137 million makeover of Graceland, four years after buying a majority stake in the Elvis name(Bloomberg Businessweek, July 12, 2017).
132. homicide n. The killing of one human being by another.
An Indian-American dentist has been charged with homicide a year after the death of a patient who became unresponsive while having 20 teeth pulled and several implants installed, according to a media report. Connecticut dentist Rashmi Patel, who turned himself in to Enfield police Tuesday, a year to the day that Judith Gan died in his office, was charged with criminally negligent homicide and tampering with evidence (The Tribune, February 20, 2015).
133. hornbook n. A short treatise that summarizes the fundamental principles of a branch of law; a primer.
If a lawsuit is filed, ‘courts must order resort to the private settlement mechanisms without dealing with the merits of the dispute.’ This is hornbook U.S. labor law(Bloomberg View, October 13, 2017).
134. hostage n. A person held by a criminal or an enemy who threatens to kill or harm the hostage if demands are not met or promises are broken.
It wasn’t immediately clear whether he was killed by police gunfire or his own. No one else, including the hostage, was hurt (The Tribune, November 29, 2017).
135. human resources n. The management of personnel and issues surrounding employees, such as hiring, firing, pay, discipline, and benefits.
Republican state lawmaker with experience in human resources to help advise them on ‘workplace culture’ (The Washington Post, November 22, 2017).
136. human rights n. The basic rights to which all humans are generally considered to be entitled, which can include life, liberty, freedom of speech, freedom of religion, due process, equal rights, and dignity.
‘The human rights of some are the human rights of all. Inclusion benefits all of us.’
Diversity seeking groups such as the Federation of Asian Canadian Lawyers mobilized their members to attend the meeting, where there was standing room only (Canadian Lawyer, December 1, 2017).
137. hung jury n. A jury that cannot agree on a verdict.
If the seven-man, five-woman panel ultimately fail to reach a verdict, O’Neill will be forced to declare a hung jury, leaving open the prospect of a re-trial (DNA India, June 16, 2017).
I
138. illegal adj. Forbidden by law or not according to law; unlawful.
Hanff, who has been outspoken on all of this, was decidedly less forthcoming when I asked him to lay out an adblocking detection technique that wouldn’t land publishers in legal hot water. ‘There are ways to detect adblockers that aren’t illegal. I’m not going to go into what those are because I’m certainly not going to do publishers’ jobs for them,’ he said (Nieman Journalism Lab, June 27, 2016).
139. illegal immigrant n. A foreign national present in a country without legal permission to be there.
The Associated Press made what could be a landmark decision this week when it announced it would no longer use the term ‘illegal immigrant.’ As it explained in its post on the move, the AP has looked at nixing this term before, but had held off on changing it until a decent alternative emerged. The AP still hasn’t found an alternative, but decided it’s time to abandon ‘illegal immigrant’ anyway (Nieman Journalism Lab, April 5, 2013).
140. illicit adj. Illegal; against rules or custom.
Fentanyl was detected in 83 per cent of overdose deaths this year, a 147 per cent increase over the same period in 2016. Carfentanil was detected in 37 deaths attributed to illicit drug overdoses between June and September (Vancouver Sun, November 10, 2017).
141. immigrant n. A person who moves to a foreign country to live there.
Trump’s attorney general said that there was ‘nothing compassionate’ about allowing immigrants who were brought to the United States as young children to remain in the country, and one of those immigrants was found to have drowned while trying to rescue victims of a flood in Texas (Harper’s Magazine, September 5, 2017).
142. immigrate v. To move to a foreign country with the intention of living there permanently.
Thousands of permanent residents are renouncing their opportunity to immigrate to Canada — for reasons ranging from disliking the cold to wanting to avoid Canadian taxes(Regina Leader Post, March 7, 2017).
143. impanel v. To list or enroll the jurors who have been selected for a trial.
Prosecutors impanel grand juries and run their proceedings with almost limitless power in secret — but a criminal trial is an open proceeding run by a judge, with lawyers for the defendant challenging prosecutors every step of the way (NBC News, November 25, 2014).
144. impeach v. To accuse a public official of misconduct; to question the validity of something, such as a judgment, or the integrity of a witness.
In fact, this week, Goodlatte indicated that there were differences of opinion in the House regarding the measure to impeach Koskinen. The House would need a majority of votes to impeach the Commissioner and move the measure to the Senate(Forbes, December 7, 2016).
145. impeachment n. A criminal procedure in which a public official is charged with misconduct.
The remedy of impeachment was designed to create a last-resort mechanism for preserving our constitutional system. It operates by removing executive-branch officials who have so abused power through what the framers called ‘high crimes and misdemeanours’ that they cannot be trusted to continue in office (The Southland Times, May 15, 2017).
146. implied authority n. Power given to an agent by a principal that is not expressly stated but that can be assumed as a necessary part of the agent’s job.
The debt ceiling is a very strange piece of legislation,’ says economist Martin Barnes of BCA Research in Canada. In most countries, the legislative body passes a budget and this contains the implied authority to issue the required level of debt to finance any deficit (The Washington Post, September 7, 2017).
147. implied powers n. Powers not expressly stated or enumerated but that can be implied as necessary to do a particular job, sometimes found by the Supreme Court in its interpretation of the Constitution.
It is also well settled that in addition to powers expressly conferred by the Constitution or a statute, every court or tribunal, has implied powers (The Tribune, July 23, 2015).
148. import v. To bring goods into a country for sale.
India, the world’s third-largest oil importer, has sealed a first deal to import crude oil from the US and the shipment is expected to touch Indian shores in October (DNA India, July 10, 2017).
149. importation n. The act of importing goods.
The unlikely trio introduced legislation that would allow the importation of prescription drugs from Canada, and other countries, without safety certification from the FDA(Forbes, March 6, 2017).
150. importer n. A person who imports goods.
The Psychoactive Substances Bill will target the producers, suppliers, importers and dealers of legal highs – officially known as ‘new psychoactive substances’ (NPS) – but will not criminalize users found with amounts intended for ‘personal use’(The Telegraph, May 29, 2015).
151. imposter n. Someone who pretends to be someone else with the intention of deceiving others, usually to gain some benefit.
The Turnbull banana republic in its full glory – the imposters illegally sitting in the Parliament passing laws that supposed to govern this country (The Australian, October 30, 2017).
152. imprison v. To put in prison; to keep someone restricted to a place that essentially functions as a prison; to confine; to deprive of liberty.
Since Canada Day, Amber has shared more with me. ‘I think that one of the things that causes the most dismay is Canadian apathy,’ she says. ‘The apathy over legislation like Bill-C51, which gives the Canadian government extremely broad powers to arrest and imprison people who are potential threats, is troubling. Legislation like this forms a scary precedent by using safety as an excuse to silence dissenters, protesters, and political radicals.’
As future lawyers, expressions of dismay over the laws of the land such as Chisolm’s are not insignificant(Canadian Lawyer, July 27, 2015).
153. imputed knowledge n. Knowledge that is attributed to a person because he or she had a duty to know it and it was available.
If GNL becomes aware of any fraud, deceit or similar action during or in relation to the competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of GNL, that you had no actual or imputed knowledge of the such fraud or deceit or similar action (The Guardian, October 8, 2016).
154. inadmissible adj. Not able to be admitted under the rules of evidence.
Crown prosecutors don’t help either. In Scotland, extraordinarily, despite the RSPB obtaining video evidence of someone shooting a hen harrier on its nest, prosecutors deemed this evidence inadmissible on the preposterous technicality that people have the right to roam on private land but not to ‘investigate’ crime (The Guardian, November 6, 2017).
155. inalienable rights n. Rights such as freedom of speech, equal protection of the laws, and due process that cannot be taken away from or given up by anyone without his or her consent.
The bench said life and personal liberty were ‘inalienable rights’ and they were ‘inseparable from a dignified human existence’ (The Tribune, August 24, 2017).
156. incarcerate v. To put in jail or prison; to imprison.
Members of the Russian punk collective Pussy Riot have staged a protest at Trump Tower in New York City to draw attention to the plight of Ukrainian filmmaker Oleg Sentsov, who is incarcerated in Russia (The Wall Street Journal, October 24, 2017).
157. incest n. Sexual contact between people who are so closely related to one another by blood that they are prohibited by law from marrying.
The accused couple acknowledged that not all the prosecution witnesses were acting out of malice, but insisted their displays of affection had been misconstrued or exaggerated by some. Although they had grown fond of each other, incest had not occurred; theirs was not an intimate relationship and Katherine claimed to have loved Thomas and had no reason to wish him dead (Crime Magazine, February 12, 2015).
158. in chief adj. Main; primary; principal.
Donald Trump and Hillary Clinton will face questions Wednesday night about the most sacred part of a president’s job description: service as the Commander in chief of the nation’s armed forces (NBC News, September 7, 2016).
159. incidental beneficiary n. A person who is indirectly benefited by a contract formed between other people.
Trump was the incidental beneficiary of this crass cluelessness. Denouncing his voters as bigots gives too easy an excuse to his real enablers (The Atlantic, January 4, 2016).
160. incidental powers n. Powers that are a necessary accompaniment to powers expressly granted.
If you take the view that the legislation establishing the plebiscite is not in and of itself a law with respect to marriage, but a process whereby the people are merely asked their opinion on a question about marriage, then it may be that the plebiscite itself already relies quite a bit on incidental powers rather than the main grant (The Guardian, July 28, 2016).
161. income n. Money received as compensation for work, through investments, or as profits from a business.
Since the rich save more, whenever they receive more income, total consumer spending tends to fall and unemployment rises. This lowers economic growth, reduces government tax revenues and makes it harder to solve other economic and social problems (The Conversation, October 17, 2016).
162. income statement n. A statement of financial gains and losses over a twelve-month period; also called earnings report, operating statement, profit and loss statement.
Fortunately, the Government proved resolute – as had its predecessor in the early 1980s – and the benefits are now showing both in the sustainability of the recovery and in the Government’s income statement. This presents the Chancellor with options that he has not previously had for his Autumn Statement (The Telegraph, December 4, 2013).
163. income tax n. Tax levied on a person’s income by the federal government and some state governments.
Federal income taxes are due April 18 and, likely for several million people, so is a fine for failing to get health insurance. Despite a lengthy debate, Congress has not yet acted on a bill to repeal portions of the Affordable Care Act (NBC News, April 17, 2017).
164. incompetent adj. Lacking the skills or capability necessary to do something; not legally qualified to perform a particular duty.
The custody battle gained widespread attention earlier this year after Justice Grant Campbell ruled that a lawyer retained through Legal Aid, Brigitte Gratl, provided incompetent counsel to her client, the mother of a daughter who had been removed by authorities (Canadian Lawyer, June 12, 2017).
165. incriminate v. To suggest or charge that someone is guilty of a crime.
He was warned by the judge he could incriminate himself before giving evidence but emails showed Vincent was given assurances by the police that he would not be prosecuted because they were not investigating match-fixing (The Telegraph, November 30, 2015).
166. incriminating evidence n. Evidence that helps establish the guilt of an accused person.
The agency told the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud that it has incriminating evidence against Karti Chidambaram which it had already submitted to the court in a sealed cover (The Economic Times, October 10, 2017).
167. inculpatory adj. Helping to establish guilt or incriminate a criminal defendant.
By contrast, in the Iran case, the administration’s claim that it did not pay ransom rests on its argument that it did use its leverage to withhold payment of the $400 million, rather than submitting to a demand by Iran exploiting the leverage that holding the prisoners provided. In one case, exercising leverage is inculpatory; in the other case, it’s exculpatory (Newsweek, August 24, 2016).
168. indecent adj.Offensive, vulgar, against modesty or proper behavior, obscene or lewd.
Jean-Louis Savard was convicted of several counts of indecent assault and one count of gross indecency for acts committed against his nephews and his niece in the 1960s (Canadian Lawyer, March 27, 2017).
169. indecent exposure n. Lewdly exposing private parts of the body in a public place.
Hunter Osborn, now 19, was arrested Saturday for the stunt and was charged as an adult with 69 counts of misdemeanor indecent exposure — one count for every ‘victim’ who appeared in the picture, police said (NBC News, May 5, 2016).
170. indemnify v. To pay or reimburse someone for a loss or injury; to take on legal responsibility for someone else’s actions; to insure.
Last August Ettridge drew up a statement of claim for more than $2m that did not identify a precise cause of action but invoked an ‘unpaid indemnity payment for defending criminal charges’, a reference to a clause in the party’s constitution promising to indemnify the executive for ‘liabilities incurred’ (The Guardian, April 5, 2017).
171. indemnity n. Money given as compensation or reimbursement for a loss or injury; security against legal responsibility for one’s own actions; the benefit provided by an insurance policy.
GSK’s Chief Executive Andrew Witty said on Thursday companies would need some kind of indemnity from governments or multilateral agencies for the widespread emergency use of vaccines in Africa, since the usual yearslong process of safety testing has had to be shortened to a matter of months (Newsweek, October 24, 2014).
172. independent contractor n. A person who does a job for another person independently, using his or her own methods and is not under the control of the employer in regard to how the work is accomplished.
All local nationals working on the GLS contract in Iraq were independent contractors and assigned to a variety of subcontractor companies. Because independent contractors are non-employees, employment records do not exist regardless of the company assigned (NBC News, May 2, 2015).
173. independent counsel n. A person or group of people appointed to investigate accusations of criminal conduct by a high-level public official.
Moira Dillon, who was the Ottawa agent for counsel representing the Assembly of First Nations, independent counsel and Inuit Representatives, says the decision was reasonable and consistent with the expectations of the residential school survivors who had been assured the process would be confidential (Canadian Lawyer, October 6, 2017).
174. index fund n. A mutual fund that chooses its stocks according to a stock market index number.
Enter Bitwise Asset Management, which is launching the HOLD 10, a new passively managed index fund of the top 10 cryptocurrencies by inflation-adjusted market capitalization (Forbes, October 2, 2017).
175. indict v. To formally charge someone with a crime.
In June, 1996, just before the grand jury voted to indict the five defendants, True was used to summarize the evidence that had been presented to the grand jury in the previous 15 months (Crime Magazine, December 4, 2017).
176. indictable offense n. A crime that can be prosecuted by indictment, usually a serious crime.
An indictable offense is one which can be heard by a Crown Court and decided by a jury (The Telegraph, January 29, 2016).
177. indictee n. A person who has been indicted.
Islamic State fighters accused of atrocities in Syria are expected to be added to a list being drawn by the United Nations of possible war crime indictees, the chief rights investigator has said (The Telegraph, July 26, 2014).
178. indictment n. A formal, written accusation presented by a grand jury to the court charging someone with a specified crime.
The recent indictment of Texas Governor Rick Perry has garnered huge press attention. In an unusual alignment, commentators from both the left and the right have been highly critical of the indictment, with the New York Times editorial board calling it ‘the product of an overzealous prosecution’ (The Federalist Society, August 28, 2014).
179. inducement n. The benefit that persuades a party to enter a contract; the motive that causes someone to commit a crime.
This trickery employs a miscall or miscount known as carnival ‘fairbanking,’ which is a duplicitous scheme, i.e., the flatty misguides the mark through alluring favoritism as an inducement to draw his prey further into the costly illusion of winning a luxurious prize and enormous cash (Crime Magazine, June 26, 2015).
180. industrial relations n. Relations between workers and their employer on issues of compensation, safety, hiring, etc.
A Govia spokesman said it had written to the RMT stating the lines of communication were open on the proviso it suspended all industrial relations (The Telegraph Business, February 26, 2017).
181. infamous crime n.Historically, a crime that renders its perpetrator infamous; under the modern view, a crime punishable by death or imprisonment in a state penal institution for more than one year.
The lawsuit seeks to clarify language in the state constitution, which bans voting by those convicted of an ‘infamous crime.’ Until 2014, all felonies and even some misdemeanors had been considered infamous crimes (NBC News, February 10, 2016).
182. infant n. A person below the age of legal majority, or before marriage.
American Embassy in London after his grandfather mistakenly indicated on a visa-waiver form that the baby would be flying to Florida to participate in terrorist activities. ‘He has obviously never engaged in genocide,’ said the infant’s mother(Harper’s Magazine, April 26, 2017).
183. informal proceeding n. A trial or hearing less formal than a regular trial, such as a proceeding in a small claims court.
The Los Angeles City Attorney’s Office said it will hold an informal proceeding Oct. 15 to decide the best course of action in the case (NBC news, September 9, 2015).
184. infraction n. Violation of a law, agreement, or duty. A Michigan judge whose smartphone disrupted a hearing in his own court has held himself in contempt and paid $25 for the infraction (The Telegraph, April 15, 2013).
185. inherit v. To receive property or money as an heir after the owner’s death; technically refers to receiving property by the rules of descent and distribution when the owner dies without a will, but has also come to mean receiving property through a will.
Consider this scenario: You’re an Ontario lawyer drafting a will for a client who is so pleased with your work that she asks you to write yourself in the will. When she dies, you are to inherit her BMW, she says (Canadian Lawyer, October 25, 2013).
186. inheritance tax n. Tax imposed on someone who receives property and money through inheritance.
More recently, South Korea increased its estate tax from 10% to 30%.
Today, inheritance tax is also applicable in Taiwan, Thailand, Indonesia and Malaysia, while China is mulling a new inheritance tax regime of its own(Forbes, October 16, 2017).
187. injunction n. A court order prohibiting someone from doing a specified act in order to prevent future injury.
A three-judge panel in the 2nd Circut U.S. Court of Appeals unanimously denied his motion for a preliminary injunction to block a six-game suspension by the NFL for allegations of domestic violence against former girlfriend Tiffany Thompson(Fort Worth Star Telegram, November 9, 2017). 188. injure v. To harm or damage a person or property.
A policeman who suspected that his wife was having an affair threatened to injure her with a chopper, and then used it to cut her hair, a court heard on Thursday (The Star Online, September 29, 2016).
189. inquest n. A judicial investigation into the facts surrounding a death, conducted by a coroner or medical examiner; a court’s inquiry into the facts surrounding an incident, often made by a jury; sometimes called an inquisition.
The Office of the Chief Coroner is reviewing the decision not to hold an inquest into the police shooting death of Kitchener man Beau Baker (The Star Online, July 8, 2016).
190. insolvent adj.Financially unable to pay debts.
A statement to the court from VCL director Jean-Charles Charki, seen by The Telegraph, says the company ‘is currently insolvent’ with an accounting deficit of more than £128m (The Telegraph Business, June 29, 2017).
191. installment n. A sum of money that serves as partial payment of a debt, usually as part of a payment plan that divides payment up into several portions spread out over a period of time; partial satisfaction of an obligation.
I share with you my memory of him in my last installment of the Accidental Mentor, because he was a most unlikely lawyer to look up to. I know Miller was the best lawyer, partly because I’ve met many of Canada’s pantheons of so-called great lawyers. Unlike many of the greats, who are good at being great, George was great at being good (Canadian Lawyer, December 9, 2013).
192. insurance adjuster n. A person who investigates and settles insurance claims.
By Friday, as floodwaters had begun to retreat, insurance adjusters had arrived and they were eyeing the mud-streaked vehicles (The Washington Post, September 4, 2017).
193. insurance agent n. A person who represents an insurance company, selling policies on its behalf.
A Midlothian man and his wife complain to me about their insurance agent. They say the agent deceived them about the cost of a term life insurance policy they bought from him. The man says he believes there may be other victims (The Dallas Morning News, February 12, 2016).
194. insurance commissioner n. A public official who supervises the insurance business within a state.
‘Generally speaking, any entity selling health insurance in the state of California has to have a license,’ Dave Jones, the Golden State’s insurance commissioner, said earlier this month. ‘I have asked the Department of Insurance staff to open an investigation with regard to this company to ascertain whether it is in violation of California law if they are selling it in California’ (KHN, November 27, 2017).
195. insurance defense n. Legal work done by a law firm that specializes in defending claims brought against or covered by an insurance company, usually with a special fee arrangement giving the insurance company discounted rates for high volume work.
This may sound like welcome news to young lawyers looking for a job, but Lutecki says they have found most firms hiring are looking for highly skilled lawyers with at least five years of experience in areas such as commercial litigation and insurance defense(Canadian Lawyer, December 16, 2016).
196. insurance n. A contract in which one party, the insurer, agrees to compensate the other party, the insured, for specified losses or damage to property or people in exchange for consideration, usually the payment of a premium.
In these insecure times people are easily persuaded to buy insurance for flights, cars, credit cards, loans, plumbing and almost anything else. But often customers find they haven’t got what they paid for, and hardly a week passes without another scandal(The Conversation, February 18, 2014).
197. insurer n. A company or individual that insures people or things; an underwriter.
Two days later, on Friday, May 8, he had returned to France by tourist coach, and back in Lyon, he had declared the Ferrari stolen to its insurers (Crime Magazine, October 4, 2013).
198. insurgent n. A person who rises up against the government or authorities.
Fury infused these insurgents’ raw remarks as did a common theme: The Republican Party has failed its voters, and a national cleansing is needed in the coming year, regardless of whether President Trump is on board (The Washington Post, September 30, 2017).
200. insurrection n. A violent uprising against the government or authority; a rebellion by citizens against the government.
Their republic hoped to form a guerrilla army to fight slaveholders and ignite slave insurrections, and its population would grow exponentially with the influx of liberated and fugitive slaves (Crime Magazine, December 2, 2013).
201. intangible asset n. Property that has no physical substance but that nevertheless exists as a right, such as a patent, copyright, or goodwill; also called intangibles.
Shareholders should be asking how corporations are building intangible assets such as customer relationships, their employee bases and their reputations, not just pushing for share buybacks (The Washington Post, September 29, 2016).
202. interest rate n. The percentage used to calculate interest due on a loan.
Companies with large cash reserves do not let their money sit in a vault gathering dust. Instead, the money is often put into short-term investments that earn interest. When interest rates go up, they make extra earnings on their cash balances(Newsweek, March 18, 2017).
203. interim financing n. A short-term loan held until long-term or permanent financing can be arranged for an enterprise; also called a bridge loan.
Such interim financing is meant to be retired quickly, to avoid added expense for taxpayers. But the county is still carrying a balance of about $160 million (The Washington Post, July 18, 2017).
204. interim order n. A temporary order issued to handle a matter until a specified event happens or until a final order is issued.
The court had made it clear that not complying with its directions, would lead to revocation of the interim order staying the government from invoking the amount (The Economic Times, November 5, 2017).
205. interrogatories n. During discovery before trial, written questions about the case presented by one party to the opposing party that must be answered under oath and returned to the questioning party.
In case of subpoena from California AG, Dr Reddy’s said a set of five interrogatories related to pricing practices had been served and the company had ‘communicated’ with the California AG (DNA India, February 25, 2015).
206. intervention n. A procedure in which someone who is not originally a party to a lawsuit enters it to defend his or her own interest in the matter.
Ontario’s Sexual Violence and Harassment Action Plan Act means more intervention from government (Canadian Lawyer, December 4, 2017).
207. intestacy n. The condition of dying without a valid will.
In Britain, unless you draw up a will, your estate on death will be distributed according to the rules of intestacy (The Telegraph, March 23, 2014).
208. investee n. A company whose shares are bought by an investor.
These four investees possess excellent businesses and are run by managers who are both talented and shareholder-oriented. Their returns on tangible equity range from excellent to staggering (The Washington Post, February 28, 2017).
209. investor n. Someone who buys shares in a company or otherwise invests money.
From the jury selection process that took place over three days in June for the trial of Martin Shkreli, an investor and hedge fund founder who is facing eight counts of securities and wire fraud (Harper’s Magazine, September 30, 2017).
210. invoice n. A list of goods contained in a shipment along with the price due for them; a bill.
Most, if not all, truffle hunters refuse to produce tax invoices for buyers and will only accept cash for their goods (The Atlantic, January 15, 2017).
211. involuntary adj. Done unwillingly, without choice; accidental or unintentional.
Last week, police confirmed that she was dead. Madsen is in custody, facing charges of involuntary manslaughter (Harper’s Magazine, August 24, 2017).
212. involuntary confession n. A confession made unwillingly and without free choice by someone whose rights against self-incrimination have been violated by threat of violence, coercion, improper promises, etc.
The judge also took aim at investigators who, he said, elicited an ‘involuntary’ confession from Dassey, who was 16 at the time of Halbach’s murder (The Guardian, November 14, 2016).
213. involuntary servitude n. Slavery; forcing someone to work for someone else.
The legislation would cover anyone held in ‘involuntary servitude’ for at least eight years, but was tailored with Michelle Knight, Amanda Berry and Gina DeJesus in mind. It passed a committee vote on Wednesday and now moves to the full state House of Representatives (NBC News, October 16, 2013).
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214. jail n. A building used to confine people held in legal custody either awaiting trial for a criminal offense or serving a prison sentence after conviction; usually used for short-term confinement.
An Ontario electrical contractor was recently sentenced to five days in jail and ordered to pay $40,000 in fines for performing electrical work illegally (Daily Commercial News, August 1, 2017).
215. jailhouse lawyer n. An inmate in a correctional institution who has no formal legal training but has studied the law independently, who helps fellow inmates prepare appeals and provides legal advice to them.
Witness C is now being tried in the High Court in Auckland for perjury. Self-proclaimed jailhouse lawyer Arthur Taylor is behind the private prosecution and is being represented by lawyer Murray Gibson (The Southland Times, August 28, 2017).
216. judge advocate n. A military lawyer or legal officer; an officer in the Judge Advocate General’s corps.
On the other hand, there is this from military law expert Gary Solis, the former head of West Point’s Law of War program, a retired Marine judge advocate, who is now an adjunct professor of law at Georgetown University Law Center (The Atlantic, July 9, 2013).
217. judge n. An officer who presides over and decides cases in a court.
The judge’s decision is significant because of the thousands of acres in McKinney’s ETJ that are ripe for future development (The Dallas Morning News, April 18, 2017).
218. judgment n. The ability to form opinions and make decisions.
McKinney is fighting a judgment that orders it to pay more than $7 million to a developer in connection with the land where the John and Judy Gay Library sits (The Dallas Morning News, January 15, 2015).
219. judicial branch n. The branch of government consisting of courts and other entities that exist to interpret and enforce laws.
The judicial branch overruled democracy in December 2000, and gave
Americans the presidency of George W. Bush (Hobart Mercury, January 19, 2017).
220. judicial immunity n. A judge’s immunity from civil liability for anything done in his or her official capacity.
Judicial immunity provides protection to judicial officers for decisions made in the course of their work (The Weekend Australian, May 30, 2013).
221. judicial review n. Review of a trial court’s decision by an appellate court.
The unions recently received approval in Federal Court for a judicial review, which will take place between April 9 and 11 (Journal of Commerce, March 6, 2013).
222. juris doctor n. The degree received by someone who completes law school.
Finally, in 1996 I graduated from law school. I had a juris doctor in one hand and over $100,000 in loans in the other. Then a few months later, the bills began to arrive (The Atlantic, February 10, 2014).
223. jurist n. A scholar of the law; a lawyer or judge.
Groups such as the ACLU, NAACP and many others joined forces with Senator Ted Kennedy and several Republicans to systematically defame and vilify an outstanding person and jurist in Judge Bork, and now these same forces are threatening to do so again (Newsweek, March 27, 2017).
224. juror n. A member of a jury.
Dzhokhar Tsarnaev have requested for the fourth time that his trial be moved out of the city, citing a survey of prospective jurors that indicated a high level of potential bias (Slate, January 23, 2015).
225. jury instructions n. A statement made to the jurors by the judge at the conclusion of testimony but before the jurors begin deliberating, in which the judge describes the law that applies to the matters in controversy and explains how the jury should apply it.
Rosenbluth, a former prosecutor, says that ‘the jury instructions were negotiated when the prosecutors were tired and, frankly, when they thought their case was strong’(Newsweek, September 26, 2013).
226. jury n. A group of people selected and sworn to hear the evidence in a case and decide what the true facts are; usually composed of a cross section of the community.
The jury selection process is set to move forward on Thursday with the jury pool that includes more than 1,350 prospective jurors who have already filled out questionnaires to help uncover any potential biases and will be further questioned by the judge later in the week (Slate, January 13, 2015).
227. jus in bello n. Law in war; law governing actions during wartime.
It came to cover in detail the morality of going to war conduct in waging it (jus in bello), and the settlements that end it (The Weekend Australian, January 30, 2016).
228. juvenile court n. A court that hears cases involving children and teenagers, particularly over juvenile delinquents and neglected children.
The report also cited a Texas juvenile court that convicted a 10-year-old of indecency with a child for touching a younger cousin — a crime resulting in lifetime registration (The Atlantic, November 24, 2015).
229. juvenile delinquent n. A minor who commits a crime or engages in regular criminal activity.
Just when the world had settled down, a juvenile delinquent deploys an attention - seeking device to ruin many (The Weekend Australian, Aug 12, 2017).
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230. kangaroo court n. A court that is completely biased against one party and therefore disregards that party’s rights and delivers a judgment or verdict that is unfair to him or her; a trial in a kangaroo court is considered a sham without legal authority.
The mayor’s chief defender was his politician brother Doug, who denounced the session as a ‘kangaroo court’ and said if his colleagues wanted to get rid of the mayor, they should call an election (NBC NEWS, November 18, 2013).
231. Keogh plan n. A retirement plan for self-employed people with benefits similar to those enjoyed by employees with employersponsored retirement plans.
The fund can only be purchased for individual retirement accounts, such as an IRA or a Keogh plan (Morning Star, January 17, 2013)
232. kerb crawling The offence by a man of soliciting a woman for prostitution in a street or public place either from a motor vehicle or having just alighted from one, when the soliciting is persistent or likely to cause annoyance to the woman or nuisance to other people in the vicinity.
‘Being a woman, it removes 90 percent of the doubt that I was actually kerb crawling but if I were a man I could protest my innocence until I was blue in the face and people wouldn’t believe me. ‘If the police had been doing their job properly they would have seen that I was a woman on my own and after I had parked I went straight into the rehearsal room. It is lazy policing’ (The Daily Telegraph, January 7, 2013)
233. kidnapping n. Carrying a person away, without his consent, by means of force, threats, or fraud.
Police began investigating the alleged kidnapping on Tuesday after receiving information that several threatening text messages had been sent to various members of Sung’s family, demanding a ransom of $200,000 (Sunday Herald Sun, January 7, 2017).
234. kindred n. Relationship by blood; persons legitimately related by blood.
Police prosecutor Leading Senior Constable Siobhan Daly said that, on April 15, kindred drove his daughter to school and returned home where he had a conversation with his wife (Sunday Herald Sun, May 26, 2016).
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235. lame duck n. A public official still in office after the election but before the inauguration of his or her successor.
With the Republicans in disarray, the Democrats would only need to sway one or two Republicans to override a veto on the tax, whether it passes in Lame Duck or in the spring(The Observer, November 4, 2015).
236. lapse n. The transfer, by forfeiture, of a right or power to present or collate to a vacant. benefice, from, a person vested with such right, to another, in consequence of some act of negligence of the former.
The Obama administration backs the House bill. White House Press Secretary Josh Earnest said in a statement: ’The Senate took an important — if late — step forward tonight. We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible. On a matter as critical as our national security, individual Senators must put aside their partisan motivations and act swiftly’ (Arkansas Democrat Gazette, June 1, 2015).
237. larceny n. The wrongful and fraudulent taking and carrying away, by one person, of the mere personal goods, of another, from any place, with a felonious intent to convert them to his, the taker’s use, and make them his property, without the consent of the owner.
While the public safety department had significantly reduced one of its biggest problems — larceny — over the last five years, Higgins says that campus law enforcement wanted to do more to not only reduce crime, but improve overall efficiencies when it came to access control (Security Management, December 1, 2016).
238. launder v. To move money through different businesses, accounts, and banks in order to conceal its origins.
Meanwhile, the Guardian leads on its investigation uncovering a secret scheme to launder more than £2bn from Azerbaijan through a network of UK companies. According to the paper, some of the cash from the so-called ‘Azerbiajani Laundromat’ was spent on lobbying to deflect criticism of the country’s president, who is accused of human rights abuses and rigging elections (BBC News, September 5, 2017).
239. law n. A rule of action; and this term is applied indiscriminately to all kinds of action; whether animate or inanimate, rational or irrational.
The Trump administration’s plan to slash spending on getting people to sign up for Obamacare will further undermine the law’s already fragile health insurance markets, according to health experts, insurers and people who helped implement the law(Providence Business News, September 1, 2017).
240. lawyer n. A counsellor; one learned in the law.
And unlike citizens who have a right to a public defender if they cannot afford a lawyer, undocumented adults have no such right. The lawsuit argues undocumented children deserve to be represented by a lawyer in a legal system that ‘rivals the Internal Revenue Code in its complexity’ (New Republic, July 10, 2014).
241. legacy n. A bequest or gift of goods or chattels by testament.
‘After our daughter Katie died at the hands of a drunken driver, we wanted to find a way to carry on her legacy and keep her spirit alive,’ says Meg DeCubellis. ‘As the years progressed we were fortunate enough to receive an outpouring of support and the writing contest is one way for us to give back to others and also raise awareness on important topics’ (Providence Business News, January 4, 2014).
242. legalization n. The act of making lawful.
Chris Crane, president of the National Immigration and Customs Enforcement Council 118, testified at the hearing and said that confusion over U.S. policies on immigration and lack of reform are contributing to the problem. ‘Continued talk in the United States of amnesty and legalization without appropriate law enforcement safeguards first put in place will continue to draw millions like a magnet to our southern border,’ he said. ‘The most humane thing that we can do as Americans is to deter crisis like this one through consistent enforcement of our nation’s immigration laws’ (Security Management, June 27, 2014).
243. legatee n. A person to whom a legacy is given by a last will and testament.
According to the Rules of Court, a judge may be disqualified from a case if he or she is ‘pecuniarily interested’ as heir, legatee, or creditor, or if he or she is related by sixth degree of consanguinity to either party, or by fourth degree to a counsel(The Inquirer, January 16, 2017).
244. legislative power n. The authority under the constitution to make laws and to alter or repeal them.
His predecessor, Social Democrat Branko Crvenkovski, who was elected in 2004, won praise in the West for supporting reconciliation with the substantial Albanian minority. Macedonia’s presidents are directly elected for a five-year term. The president appoints the prime minister, and legislative power is vested in parliament (BBC News, June 1, 2017).
245. legislator n. One who makes laws.
Thanks to the Florida Society of News Editors, all 160 legislators received grades for their voting records on public record bills, under the umbrella of Florida’s Sunshine Law helps guarantee an open government. Not one legislator received an A, only two received a B+, no Bs, and only two B-. That means 156 legislators are average or below (Sun-Sentinel, July 2, 2017).
246. legislature n. That body of men in the state which has the power of making laws.
Marcus Woodring is the PHA’s managing director of health, safety, security and environment. He represents PHA on three major committees responsible for security at the Port of Houston. First is the Houston Ship Channel Security District, a managing body created by the Texas state legislature in 2007 to govern security initiatives in the ship channel region. The ship channel security district is an umbrella organization for security. It is the body through which everyone within the port can get together to discuss issues(Security Management, August 1, 2013).
247. liability insurance n. Insurance that covers an individual against claims against him or her made by third parties.
A Supreme Court ruling issued just before Christmas is a wake-up call for businesses with liability insurance, say lawyers. The ruling had the final say on a long-running issue involving how much directors and officers, or ‘D and O’, insurance cover was available to meet claims against directors of collapsed companies Bridgecorp and Feltex (The Southland Times, January 28, 2014).
248. liberal adj. Open to new opinions and interpretations; not strict, conservative, or narrow-minded; in favor of individual liberty.
If you graduated with a liberal arts degree, like I did, then this may hit especially close to home. For liberal arts majors, it’s easy to feel at odds with the working world at first (HubSpot, December 2, 2016).
249. liberty n. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature.
Spiral confronts readers with some difficult questions to ponder. Benjamin Franklin famously said, ‘Those who would sacrifice essential liberty to purchase a little temporary safety deserve neither liberty nor safety.’ Those words may be even more relevant now than when originally spoken (Security Management, July 1, 2017).
250. licensee n. A person who receives a license; a person who has the right to use property or do some action through a license.
China is largely a nation of technology licensors rather than licensees. By contrast, in most Western countries licensors are usually also licensees, imposing an equilibrium between different owners of IP rights who share a common interest in adopting ‘fair, reasonable and non-discriminatory’ terms ‒ a concept that has become fundamental to modern antitrust regulation (The Economist, November 26, 2014).
251. licensor n. A person who grants a license.
Having paid a huge amount of money for the licensing rights, and having promised its licensors a big return, Atari rushed a game to market that is widely considered to be one of the worst of all time. With interest in the flooded games market already waning, Atari was left holding the huge majority of the 5 million E.T. copies it produced (The Southland Times, April 28, 2014).
252. limited jurisdiction n.Jurisdiction over only specific kinds of cases or otherwise restricted by statute.
In your territorial waters you more or less make the rules, subject to rules about innocent navigation. In the contiguous zone you have some limited jurisdiction to enforce sanitary laws etc. In the EEZ you have fishing rights. In the contiguous zone you do not have jurisdiction over vessels of another state as regards incidents such as this (The Economist, March 19, 2013).
253. limited liability company n. A business organization, often managed by its members, with limited liability and limited ability to transfer ownership.
The dole saved my life until I pulled myself up by the bootstraps and got a job on the after-dinner circuit speaking about eliminating welfare dependency. And those super annuitants who claim I still owe them money can get lost. It’s the limited liability company that I was merely part of that stuffed up, not me, and I paid back a bit (The Southland Times, July 31, 2017).
254. limited liability n. Liability for corporate losses that is restricted in some way, usually to the amount that an investor or shareholder has placed in the corporation and not reaching personal assets.
The liquidator, the Official Assignee, said in the latest six-monthly report released in December that they would also consider a claim for any shortfall in the liquidation against the current and former shareholders of the company as the company did not trade with limited liability (The Southland Times, January 2, 2013).
255. limited partnership n. A form of partnership in which one or more general partners manage the business and are personally responsible for its debts, and one or more limited partners contribute money and earn profits but do not run the business and are not liable for its debts.
She is planning to reach out to Chicago’s 87 consulates to broaden the museum’s international reach. And she even wants to work with the University of Chicago to build a ‘limited partnership’ that would allow the museum to keep its independence (The Economist, September 10, 2015).
256. line of credit n. An amount of credit available for a specified time to a consumer that the consumer may access as he or she chooses; a standing loan available for a preset time period.
Pennsylvania’s state treasurer has authorized a short-term $750 million line of credit to keep the state’s general fund from dipping into negative territory. Treasurer Joe Torsella says the state hasn’t had to borrow that much so early in the fiscal year in 25 years (The Washington Times, August 3, 2017).
257. lineal descendant n. A person who is directly descended in a straight line from an ancestor.
The mining magnate wants to go to mediation to appoint a new trustee, with the court told she wants someone ‘who is a lineal descendant’, with knowledge of the resources industry and no history’ of wanting personal favors (Sunday Herald Sun, October 1, 2013).
258. lineal heir n. A person who inherits directly from a lineal ancestor or ascendant.
Mr. Taylor, who had advocated complete repeal for all heirs, scored a victory in getting concessions from Senate President Thomas V. Mike Miller Jr. who supported repealing the tax only on spouses and lineal heirs (The Washington Times, April 11, 2013).
259. list price n. The publicly advertised price of an item.
Doxycycline used to cost about 10 cents for a 100-milligram capsule. Its list price rose to as much as $4.92 in 2013 before dipping to as little as $1.23 recently(Providence Business News, December 19, 2016).
260. litigant n. A party to a lawsuit.
‘I am accustomed to seeing litigants with their case in a plastic bag,’ he said, ‘and so I viewed this as encouraging… and excitedly felt that I was about to be the beneficiary of a rarity in family court: comprehensive and organized testimony’(The National Post, March 24, 2017).
261. litigation n. A lawsuit or legal action; the act of bringing or defending a lawsuit.
He is currently the managing parter of law firm Irell & Manella LLP and a member of the litigation and property practice groupy, including practicing before the USPTO. He also teaches patent law at UCLA (Multichannel News, August 27, 2017).
262. litigator n. A lawyer who represents parties in lawsuits in courts of law.
‘Political partisans will celebrate short-lived victories or raise funds based upon momentary defeats while litigators rack up billable hours’ (Multichannel News, August 28, 2017).
263. living wage n. A wage sufficient to meet ordinary living expenses.
From the Tremont Street McDonald’s, demonstrators with signs that read ‘Fight for $15’ and ‘This Holiday Brought to You by Unions’ walked through Boston Common, past the tony shops on Newbury Street to Copley Square, where they urged others to join the fight for a living wage, union rights for fast-food workers and a paid medical leave bill currently before state lawmakers (Boston Herald, September 5, 2017).
264. living will n. A document created by a person while still in relatively good mental condition stating in advance his or her wishes for medical treatment if and when he or she is no longer able to communicate and provide informed consent.
For the past few years, federal regulators have been working with the nation’s eighth largest banks to develop ‘living wills’ ‒ contingency plans for how, if they become insolvent, they would close down without crashing the economy (The Washington Times, April 18, 2016).
265. loan commitment n. A promise made by a bank or other lending institution to a prospective purchaser of real estate that it will lend him or her a specified sum at a specified interest rate to purchase a particular property if it is done within a specified period of time.
Energy Secretary Ernest Moniz called the loan commitment a milestone in federal efforts to capture and store carbon pollution, a key driver of global warming (The Washington Times, December 21, 2016).
266. loan shark n. A person who lends money at extortionate interest rates, usually illegally.
The County Court heard in March 2013 a former VIP member racked up $100,000 in debts to loan sharks at the casino and wound up minding a hydroponic setup in Sunshine North(Sunday Herald Sun, March 9, 2015).
267. loan-sharking n. The act of lending money at excessively high interest.
On March 30th the 2014 coup leader and current prime minister, Prayuth
Chan-ocha, used his powers as head of the National Council for Peace and Order (as the junta is formally known) to provide members of the armed forces with the authority to arrest and detain criminal suspects for crimes ranging from extortion to prostitution and loan-sharking. Junta members, such as the deputy prime minister and defence minister, Prawit Wongsuwan, justified the move by saying that there are not enough police to cope with rising crime levels (The Economist, April 4, 2016).
268. lobbyist n. A person who works to influence politicians on particular issues and to persuade them to support or argue against particular items of proposed legislation.
A lobbyist who was once a Soviet counter-intelligence officer participated last year in a meeting with senior aides to US President Donald Trump, including his son, and a Russian lawyer, NBC News is reporting, adding to allegations of possible connections between Moscow and the November election (Citizen Slant, July 15, 2017).
269. local government n. The government of a geographical region smaller than a state, such as a city or county, with control over local matters.
The Liberals copped a thumping, they forced mergers, they rigged boundaries with the intent of capturing control of local government and people across NSW punished them for that(The Courier Mail, September 10, 2017).
270. lockdown n. Confining prisoners to their cells temporarily in order to restore security after a riot or other emergency.
Virginia State University remains in lockdown after a campus shooting that US authorities say was an isolated incident (The Age (Australia), October, 15, 2017).
271. logrolling n. A method used by legislators to pass legislation without actually persuading fellow lawmakers of the validity of the proposed law, done by combining several unrelated matters into one bill in an effort to attract the votes of people who support individual parts of it, or by exchanging favors such as agreeing to vote for one another’s bills.
‘I am delighted that it all came down to good old-fashioned logrolling,’
she said. ‘This is the way you get policy. It’s not dirty. Think about it ‒ you got something out of a compromise’ (The Mercury News, April 7, 2017).
272. loophole n. an inadequacy in a law that allows a person to legally avoid complying with it, especially in tax laws.
Members of the legislature’s all-party member services committee have approved a motion closing a loophole that allowed former United Conservative Party MLA Derek Fildebrandt to rent out his subsidized condo on Airbnb (The National Post, September 14, 2017).
273. lump sum n. A single payment of an entire amount due.
Theoretically, you often can make more money by taking a lump sum and investing it than by accepting the annuity, which offers a lifetime stream of payments (Los Angeles Times, August 3, 2014).
M
274. machination n. Scheming or plotting, usually to carry out some evil purpose.
British Columbia’s minority NDP government is set to table a throne speech outlining its political blueprint after months of tension, upheaval and backroom machinations following a spring election that failed to produce a clear winner (The National Post, September 7, 2017).
275. magistrate n. A public official with judicial, executive, or legislative power granted by the government, often functioning as a judge over minor matters or a justice of the peace.
The proposals were incendiary: the two most controversial would limit the use of injunctions against the state and force 12 of the 19 judicial magistrates charged with appointing judges to affiliate with political parties and run for public election(The Economist, June 21, 2013).
276. magistrate’s court n. A court over which a magistrate presides, handling small claims and minor matters.
Tonya Couch was scheduled for an initial hearing Jan. 14 in Tarrant County, Texas, Magistrate’s Court on a charge of hindering an apprehension for allegedly helping her son escape(NBC News, December 31, 2015).
277. mail fraud n. Using letters sent through the mail to defraud people out of money.
A pharmacist at a facility whose tainted drugs sparked a nationwide meningitis outbreak that killed 76 people was cleared Wednesday of murder but was convicted of mail fraud and racketeering (Lincoln Journal Star, October 25, 2017).
278. maim v. To injure so as to cause permanent damage to some part of the body; to cripple someone.
Because of the industry’s failure to zero in on the problem, distracted drivers are maiming or killing themselves and other people (The Boston Globe, October 3, 2016).
279. majority vote n. A vote in which the person who receives the greatest number of votes is declared the winner.
Funds, on the other hand, are usually made up of multiple partners and require majority vote or unanimity for a deal to get approved. Since many investments are led by funds, they need to take time for due diligence, which can include a review of the market, technology, team, financials and other information (Entrepreneur, April 20, 2017).
280. malicious arrest n. Arresting on criminal charges a person who is known not to have committed a crime or arresting a person without probable cause.
He accused West Midlands Police of malicious arrest, false imprisonment and assault. Details of the case, which was settled out of court at the end of last year, have only just been made public (The Mirror, April 13, 2016).
281. malicious prosecution n. Criminal or civil litigation brought without probable cause and out of malice; if the defendant prevails in such a case, he or she may bring an action for the tort of malicious prosecution.
A $5.6 million payout to settle a lawsuit alleging malicious prosecution of a teenager who was wrongfully convicted of raping and killing a South Side woman was approved Wednesday by the Cook County Board (Chicago Tribune, July 19, 2017).
282. malinger v. To pretend to be sick or disabled to get out of work or to keep receiving disability compensation.
‘Defendants rejected or belittled Mr. Anderson’s constant begging for medical attention,’ the complaint says. ‘His screams in excruciating agony from his serious medical condition were met with demands that he keep quiet, or stop faking and malingering’ (NBC News, May 24, 2016).
283. manslaughter n. The unlawful and unjustifiable killing of another person without premeditation or malice aforethought.
Darwin Sheppard, 25, was originally charged with aggravated assault against Brendan Ross Akachuk, 25, from an incident that happened on Oct. 15. On Tuesday, police issued a release saying that Akachuk had died. As a result, the Crown withdrew the original charge against Sheppard and laid a new charge of manslaughter(Regina Leader Post, October 24, 2017).
284. marital agreement n. An agreement or contract between a married couple or a couple about to get married, usually stating which partner owns what marital property.
They may want to look to personal strategies to help avoid future problems such as signing pre or post marital agreements or putting (The Herald, April 5, 2013).
285. marital n. Related to marriage.
With a marital bypass trust, often referred to as an A-B Trust,a married couple can take advantage of both personal exemptions, thus doubling how much they can leave to their family without estate tax (Entrepreneur, June 25, 2015).
286. marital property n. Property acquired by either spouse during a marriage, which is subject to equitable division if the parties divorce unless they made a marital agreement that allocated it; also called marital estate.
Statutes regarding the distribution of marital property are fairly complex and subject to interpretation(Entrepreneur, June 28, 2017).
287. marital status n. The condition of being single, married, divorced, separated, or widowed.
She issued a statement asking for people to ‘respect’ her decision and stop commenting on her marital status (The Mirror, March 9, 2017).
288. maritime adj. Related to the sea and seafaring; connected with all bodies of navigable water and commerce upon them.
The dispute over the maritime boundary and revenue sharing has long soured relations between East Timor and Australia (The New Zealand Herald, September 2, 2017).
289. maritime law n. The body of laws governing travel and commerce on navigable waters.
The case failed, the High Court ruling that access to open sea could not be impeded under maritime law. Fullers then stopped paying the trust (The New Zealand Herald, January 11, 2014).
290. market price n. The price for an item that a buyer will pay and a seller will accept on the open market; the current price for an item; also called market value.
To answer this question, one first needs a definition of ‘housing bubble.’ It’s typically defined as a deviation of the market price from the fundamental value of the house(Pensacola News Journal, June 25, 2016).
291. marriage n. A legally recognized union between a man and a woman as husband and wife. The fight over accreditation from the proposed
British Columbia-based law school ‒ which has a community covenant that requires students only engage in sexual activity in marriage with someone of an opposite sex ‒ made its way to the Supreme Court earlier this year (Canadian Lawyer, September 11, 2017).
292. marriage certificate n. A document certifying that a couple is legally married.
Having become co-owner of Tom Ruttle’s farmhouse, Holmes took control of their efforts to sell the property. As the sale was being readied, however, the couple were unable to produce a valid marriage certificate. She was also unable to produce a valid employment identity number. Holmes persuades Ruttle that they would be better able to sell the property if they carried out extensive renovations to the farmhouse (Crime Magazine, June 13, 2016).
293. marriage license n. A document issued by the state authorizing two people to marry within a stated period of time.
Kim Davis is back at work several days after being released from jail. The embattled Kentucky county clerk says she still refuses to authorize marriage licenses, but will not stop her deputies from issuing them (USA Today, September 14, 2015).
294. marshal n. A public officer who enforces laws; the head of a police or fire department; a sheriff.
A U.S. marshal was shot and killed while trying to serve a warrant on a fugitive in south Georgia. The U.S. Marshal Service identified him as Patrick Carothers, age 53, a deputy commander and 26-year veteran. He leaves a wife and five children(USA Today, November 18, 2016).
295. martial law n. Government by the military instead of civilians during times of war or extreme civil unrest.
President Rodrigo Duterte said he had no choice but to declare martial law on his native island of Mindanao on Wednesday following a failed raid by soldiers on Tuesday on a hideout of the Maute militant group, which triggered clashes and chaos across the largely Muslim city of Marawi (Waikato Times, May 25, 2017).
296. material evidence n. Evidence that influences the judge’s or jury’s perception of the facts in a case; evidence with a real bearing on the issues.
Fragments of bomb timer that helped to convict a Libyan ex-agent were ‘practically carbonised’ before the trial, says bankrupt Swiss businessman. The key piece of material evidence used by prosecutors to implicate Libya in the Lockerbie bombing has emerged as a probable fake (The Guardian, September 2, 2014).
297. material witness n. A witness who is the only person, or one of very few people, who can testify about a particular fact.
Broward Circuit Judge Raag Singhal said Thursday he will not step aside from the cases stemming from last month’s escape of murder suspect Dayonte Resiles from his courtroom, even after a defense lawyer vowed to put the judge on his list of material witnesses (Florida Sun Sentinel, August 25, 2016).
298. maternity leave n. Leave granted a worker during pregnancy, or after the birth or adoption of a new child.
The Mamata Banerjee government has decided to sanction maternity leave for a maximum period of 180 days for all categories of female contractual employees engaged directly by the state government (The Economic Times, August 4, 2017).
299. matricide n. The killing of a mother by her child; a person who kills his or her own mother.
According to this week’s criminal complaint, her berserk son admitted that, after committing the gruesome act of matricide, he then cleaned himself up and went out to have some beers with his friends.
Pettigen also told his arresting officers that he booked a flight to Chicago - he’s being jailed now without bond on charges of murder and desecrating human remains (Crime Magazine, October 9, 2015).
300. matter of law n. A question of the proper law to apply to the facts of a case, to be determined by the judge.
As the jury was sworn in, Mr Justice Globe said some of the proceedings would follow an ‘exception’ to the principle of open justice and would be heard ‘in camera’.
‘I have already ruled as a matter of law that the evidence of two witnesses has to be given in private without the public or press present,’ he said (BBC News, March 16, 2017).
301. mens rea n. The mental state that occurs when committing a crime, i.e., guilt, criminal intent, or knowledge that a crime is being committed; one of the four mental states in which a crime may be committed, i.e., intentionally, knowingly, recklessly, or negligently.
We argue that an issue at the core of federal criminal law reform is the restoration of the mens rea requirement. Addressing the erosion of mens rea requires appreciating the initial importance of mens rea, and the connection between that erosion and the growth of federal criminal law(The Federalist Society, July 2, 2017).
302. merchant n. A person who buys and sells goods, usually buying wholesale and selling at retail; a trader; a person who imports and exports goods for sale.
Credit cards are owned by nearly 90 per cent of Canadian and are used in approximately 65 per cent of point-of-sale payments. However, large merchants want government to impose price caps on the transaction fees that enable card issuers to incent credit card use (Financial Post, November 9, 2017).
303. mercy killing n.Euthanasia; killing a person or animal because continued life would be intolerable due to a painful, incurable illness or severe injury.
The AMVA had already been alerted to the Kristen Lindsey animal cruelty case in Texas, and was therefore fully aware, in advance of the jury’s June 24th dismissal, that the deviant doc had slain a housecat purely for sport and perverse pleasure. As opposed to performing a mercy killing (Crime Magazine, July 9, 2015).
304. military law n. The branch of law that regulates the military and applies only to members of the armed services.
With its high fences, tight security and military regime, it looks and sounds very much like a prison. The Ministry of Defence says that it is not.
Officially, it is known as the ‘Military Corrective Training Centre’ and it’s where all those found guilty of breaking military law are sent (The Herald, September 11, 2017).
305. minimum wage n. The federally established lowest hourly wage that employers engaged in interstate commerce must pay their employees, or the equivalent established by an individual state, set at a level to allow workers to maintain their health and well-being.
Amendment 70 is a modest and gradual increase to the minimum wage that will bring it up to $12 by 2020. It gives businesses time to adjust. So not only is it good for the Colorado economy – it’s projected to contribute $400 million to the Colorado economy, according to a study that was conducted by the University of Denver – but it’s also good for business (Denver Westword, October 12, 2016).
306. minister n. The head of a governmental department.
Meet the team in charge of the most complex bond restructuring in recent history: a former military officer, a one-time geography professor, two engineers, a minister under sanctions for alleged corruption and an alleged drug kingpin(The Wall Street Journal, November 10, 2017).
307. minority stockholder n. A stockholder who holds very few shares in a corporation and thus is unable to vote effectively for corporate directors.
Mieuli was a radio producer who joined a group of investors who bought the Philadelphia Warriors and moved them to San Francisco in 1962. He ultimately bought out the other owners. Mieuli was easy to spot with his beard and deerstalker cap and was a minority stockholder in the Giants and 49ers (The San Francisco Chronicle, February 8, 2015).
308. miscegenation n. The genetic mingling of races; interracial marriage.
It was the wrong response. He was white, she was black. This was Virginia in 1958. Under state law, their marriage was invalid. The Lovings were hauled out of bed and thrown into the local lock-up, then taken before a judge, charged with miscegenation(The Southland Times, March 15, 2017).
309. mischief n. Harm; trouble; the act of damaging property or injuring a person intentionally or recklessly.
Eckland eventually surrendered after a staggering six-hours-long standoff and she is facing a laundry list of charges, including criminal mischief, domestic violence simple assault, criminal threatening, and reckless conduct (The Independent, October 29, 2017).
310. misdemeanor n. A minor crime, less serious than a felony and usually punished by less severe penalties.
In his final plea agreement, the only remaining one of those 44 felonies to which Salinas actually pleaded guilty ‒ downgraded to a misdemeanor ‒ was a computer fraud and abuse charge for repeatedly scanning the Hidalgo County website for vulnerabilities. Prosecutors argued the scans slowed down the site’s performance (Slate, November 28, 2014).
311. mistrial n. An invalid trial; a trial terminated before a judgment is reached due to circumstances such as a hung jury, lack of jurisdiction, or another fundamental problem.
A St. Louis judge has declared a mistrial in a talcum powder trial after the U.S. Supreme Court placed limits on where injury lawsuits could be filed (Financial Post, June 19, 2017).
312. misuse v. To use something in an improper or incorrect way; to use a product in a way not intended or reasonably foreseen by its manufacturer.
Romanian anti-corruption prosecutors on Monday opened a new criminal investigation into the chairman of the ruling party on suspicion that he misused European Union funds(The New York Times, November 13, 2017). 313. mitigating circumstances n. Circumstances that make a crime or offense less serious without excusing the act.
Expert witness Juan Mendez, a professor of human rights and international law at the Washington College of Law of the American University in Washington, D.C., and a former United Nations Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, testified that the Mandela Rules represent an objective standard for determining whether a person has been subjected to cruel, inhuman and degrading treatment; and, he said, ‘there has been quite a solid consensus that anything beyond 15 days is in violation of international standards. I’m sorry, even with mitigating circumstances’ (Canadian Lawyer, September 14, 2017).
314. money order n. A negotiable instrument purchased by the person who wants to pay a sum of money from a bank, post office, or other third party that makes its credit available, and made payable to a named recipient.
Joliet man may face life in prison after being found guilty of gunning down another man in a dispute over a $400 money order, authorities said (Chicago Tribune, September 19, 2016).
315. monopoly n. Exclusive possession or control of a supply of some commodity or an industry by one or a few people or businesses; a market condition in which a single person or company controls the entire trade in something.
This county-wide contract has been forced on the citizens of Santa Rosa County by the Board of County Commissioners. It has eliminated competition by establishing a government-directed monopoly and funnels hundreds of thousands of dollars out of the county(Pensacola News Journal, April 2, 2015).
316. moot court n. A mock court set up by a law school to try hypothetical cases as an exercise in oral advocacy for law students.
There are three main sections: the law tower; a shared, underground section including a moot court and executive education areas; and a glass box-style entranceway for the management school. Construction started early 2014 and the building was handed over in March 2016, Cameron said (Waikato Times, March 29, 2016).
317. moratorium n. A temporary stop to or prohibition of a particular activity; a temporary period in which debtors may postpone payment of debts.
President Trump resumed refugee admissions into the United States on Tuesday, signing an executive order that lifted his previous seven-month moratorium and replacing it with what he has called ‘extreme vetting’ (USA Today, October 24, 2017).
318. mortgage broker n. A firm or person who arranges mortgages between borrowers and lenders.
However, Hayer says it was Randhawa who sold him the two-story office unit in 2005 and Hayer subsequentlt rented part of it to a mortgage broker and part to another lawyer.
Randhawa did not respond to calls for comment (Canadian Lawyer, January 9, 2015).
319. mortgage n. An interest in real property held by a creditor who lends money to a debtor to purchase the property and takes title to or a lien on the property as security for the loan.
It would cut in half the popular mortgage interest deduction used by millions of American homeowners, capping this tax deduction at new mortgages of $500,000 or less(San Francisco Chronicle, November 2, 2017).
320. mortgagee n. A person who lends money to another through a mortgage.
A previous owner or mortgagee may also continue to serve out their term, even if they sell their unit while acting as a director (The National Post, April 21, 2014).
321. mortgagor n. A person who borrows money to acquire title to property and pledges that property as security for the debt.
In a letter to Chancellor Philip Hammond, the Bank’s governor Mark Carney said that closing the scheme as planned would not cause lending to dry up. ‘Given the decreasing usage of the scheme over time, the Financial Policy Committee judges that the closure of the scheme would be unlikely, in current market conditions, to affect significantly the provision of finance to prospective mortgagors, including high loan-to-value borrowers,’ he wrote (BBC News, September 22, 2016).
322. motive n. The reason for doing some act; the idea or circumstances that cause someone to do something.
A jury has been told by that a woman who claimed she had been sexually assaulted when she was a girl had ‘no motive to lie’ about the alleged attacks (The Plymouth Herald, October 25, 2017).
323. municipal adj. Related to a city or town or its government, or another local government; occasionally used in reference to state or national government.
Nobody, that is, but the inmates of these forgotten, mismanaged municipal institutions and their lawyers.
In 1975, prisoners held in New York City’s jails filed seven separate class-action lawsuits in federal court that challenged thirty discrete areas of prison administration and, collectively, alleged that the conditions they were confined under were inhumane and unlawful under the Constitution (The Village Voice, April 11, 2017).
324. municipal bonds n. Securities sold by a city, county, state, or other local government body to raise money for municipal expenses and projects, payable at a specified future date with interest that is exempt from federal and some state income tax.
The market for tax-free municipal bonds, a favorite of many Californians seeking decent interest income, faces a rough road after Donald Trump’s White House victory (Los Angeles Times, November 18, 2016).
325. municipal court n. A city court with jurisdiction over local matters, including small civil matters and crimes occurring within the city.
William Hickson, the director of the Psychopathic Laboratory of the Municipal Court, argued that Wanderer had been insane since birth. Psychologist E. Kester Wickman claimed that Wanderer had the mental age of an 11 year old, while still more psychiatrists and psychologists diagnosed Wanderer with dementia praecox catatonia(Crime Magazine, October 10, 2013).
326. murder n. The unlawful killing of a person by another person with malice aforethought.
New York City police charged the neighbor of the couple killed in a Brooklyn fire with murder and arson, authorities said (The Wall Street Journal, November 10, 2017).
327. mutual adj. Held in common by both parties; reciprocal.
‘We are evaluating the mutual fund business. The bank is also looking at buying out portfolios in retail and large ticket home loans,’ MD and CEO of Federal bank Shyam Srinivasan said (The Economic Times, November 15, 2017).
328. mutual fund n. A fund run by an investment company that pools the contributions of various investors who purchase shares in the fund, and invests them in a selection of publicly traded securities.
This site has something for every type of investor, from basic lessons for beginners to investing commentary on mutual funds, stock sectors, and value for the more advanced(The Independent, October 15, 2017).
329. mutuality of obligation n. The principle that both parties to a contract are either bound to it or not, but one party cannot be bound if the other is not.
The report says there is a lack of clarity about the employment status of individuals who work exclusively if-and-when hours. As there is no mutuality of obligation between an employer and individual with ‘if-and-when’ hours (ie, there is no obligation to provide work or perform work), there is a strong likelihood that individuals in this situation are not defined as employees with a contract of service(The Irish Times, November 2, 2015).
N
330. national origin n. The country in which a person was born or from which his or her immediate ancestors emigrated.
A federal court decided that such a policy wasn’t prohibited by the ‘national origin’ protection of Title VII. The court reasoned that even though Garcia was Mexican American, he made the choice to speak Spanish with his coworker, and that counted as a mutable cultural characteristic (The Atlantic, November 3, 2016).
331. negligence n. Failure to use the proper care in doing something, i.e., the amount of care that an ordinarily prudent person would use under the same circumstances.
The names of all the victims have not been released yet, and the investigation into whether the Lancaster NH circus tent collapse was caused by criminal negligence – or solely an act of God for which no human can be held responsible – is ongoing(Crime Magazine, August 4, 2015).
332. nepotism n. The practice by a public official or other person with power and influence of giving choice jobs to close relatives; preferential hiring of relatives.
Whistleblower who had raised concerns about nepotism at the college lost her job in management restructure (Chronicle Live, June 24, 2017).
333. nominal adj. Existing in name only, having no real presence; merely stated, not actually existing; so small as to be strictly symbolic.
The IHS report is based on nominal GDP, which does not accurately reflect the cost of living. Using a measure based on so-called purchasing power parity (PPP), China is poised to overtake the US this year, according to a report backed by the World Bank(The Telegraph, September 7, 2014).
334. nominal damages n. A very small sum awarded as damages to a plaintiff who has suffered no real compensable injury.
When you look at how Leclaire arrived at the damages, Fraser says, in Tsige, the Ontario Court of Appeal ruled the general damages range from nominal damages to $20,000, ‘so that sets a cap’ where the high end ‘should be the most outrageous, flagrant violation of your privacy that you could ever imagine’ (Canadian Lawyer, November 29, 2017).
335. nonrecourse adj. Not personally liable.
The HECM is a ‘nonrecourse’ loan, meaning neither the borrowers nor their heirs are under any obligation to pay back more than the home is worth in the end, as long as the borrowers have met their mandatory obligations described in the note, explained Hipp(My San Antonio, March 30, 2015).
336. nullity n. The state of being legally invalid.
First, Tuesday’s changes speak specifically to the issue of nullity, or the question of whether a marriage was ever valid in the eyes of the Church (The Atlantic, September 8, 2015).
337. nuptial adj. Related to marriage.
Since 1999, the nuptial profiteer has been routinely tying the knot with foreign men seeking to obtain American citizenship and willing to pay a premium to get it(Crime Magazine, September 8, 2015).
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338. oath n. The act of swearing that something is true; a promise to tell the truth in court or perform some act, often sworn before a witness or invoking a supreme power.
Similarly, I will not be deflected by party politics in carrying out the role, holding fast to my oath of impartiality (The Herald, May 2, 2016).
339. oblige v. To make someone legally bound to do something or pay a sum of money.
The Supreme Court said that there was a violation, in that to oblige a Catholic school to disengage from its Catholic faith and its Catholic morals in the teaching of its own religion and its own ethical system is a violation and is not justified (Canadian Lawyer, March 19, 2015).
340. offend v. To commit an illegal act; to break a rule.
You can only perceive that people have been offended to report an offence. That’s the level of policing of speech, but in America that’s not the case (The Herald, November 7, 2017).
341. offender n. One who commits an illegal act.
Authorities say a teenager accused of stealing a vehicle with a child inside was a repeat offender ‘who was wearing a monitoring bracelet’ when he was arrested (The Philadelphia Inquirer, December 9, 2017).
342. offense n. An illegal act; an act that violates criminal laws; a felony or misdemeanor.
Friday’s policy change effectively rescinds Obama-era guidelines for federal prosecutors that were designed to curtail the harshest sentences for defendants charged with low-level drug offenses (The Atlantic, May 12, 2017).
343. offshoring n. The practice of a business having some or all of its operations performed in a foreign country by local workers, usually for cost reasons.
The risks of offshoring to customers could be multiplied by the company rushing through job cuts with minimal effort at redeployment and retraining, leading to staff opposition rather than the cooperation needed to make it a success (The Birmingham Post, March 1, 2017).
344. ombudsman n. An official in a government or company whose job is to hear, investigate, and remedy complaints.
And it is certainly better than the solution proposed by former Ontario ombudsman and current partisan Conservative surrogate André Marin, who would see the bail problem solved by building bigger and more expensive jails (Canadian Lawyer, November 20, 2017).
345. omnibus bill n. A piece of proposed legislation that addresses several different matters, often combined in order to force the executive to accept laws that he or she does not want in order to avoid defeating the whole package.
Clogg recalls the abrupt onset of media demands when the government of former prime minister Stephen Harper rolled back environmental protections in 2012. Many key changes were deeply buried in a 400-page omnibus bill headlined by the federal budget(Canadian Lawyer, November 20, 2017).
346. outrage n. The tort of intentional infliction of severe emotional distress; an extreme insult or violent injury.
An outraged shopper claims the Plymouth Argyle player left his posh Range Rover in two car parking spaces at a busy Marks and Spencer supermarket (The Herald, September 19, 2017).
347. overdraft n. The condition of drawing more money out of an account than it has in it, such as by writing a check for too great an amount.
Charges for unarranged overdrafts are ‘often high’ relative to the risks to lenders, and can be complex and hard for consumers to understand, the FCA found (ChronicleLive, July 31, 2017).
348. overtime pay n. Wages paid for overtime worked, usually at a higher rate than ordinary hourly pay.
A former supervisor in the city of Hollywood’s 911 dispatch system was charged with grand theft after police accused her of stealing thousands of dollars in undeserved overtime pay (Sun Sentinel, October 27, 2014).
349. ownership n. The state of owning property, with a right to possess, use, and dispose of it.
Companies must pay attention to the ownership and movement of confidential information across borders, he says, noting that in Canada the sharing of information in certain areas is prohibited without a permit: for example, in the area of encryption technology (Canadian Lawyer, May 29, 2017).
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350. parol evidence n. Oral or verbal evidence rather than written. The Parol Evidence Rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract.
The defendant offered parol evidence to sustain his allegations, but plaintiff’s counsel, objected, urging that as the transfer or assignment was in writing, parol evidence was not admissible to prove the defendant’s charges (The New York Times, December 18, 2015).
351. parole board n. A group of people who together decide about giving prisoners parole.
The 70-year-old former football star and actor is to appear before a parole board, which will decide his fate on Thursday. Here’s what you need to know about his hearing(Chicago Sun-Times, July 20, 2017).
352. parole n. Parole is a law that lets some prisoners leave prison early and finish their prison time (prison sentence) living in the community.
The panel chair then will review the risk-assessment instrument on which inmates are graded from one to 15. The lower the score, the better the inmate’s chances of parole(Chicago Sun-Times, July 20, 2017).
353. penalty n. Punishment for breaking a law.
‘The penalty we’ve issued today is clearly substantial, but we make no apologies for that,’ says Smith (Information Week, January 24, 2013).
354. peremptory norm n. A principle of international law that is so important and so widely accepted that no state is permitted to deviate from it, such as the prohibitions on genocide, slavery, or piracy.
‘Egypt constitution (is) void as it conflicts (with) certain peremptory norms of international law,’ such as freedom of belief and expression, opposition leader Mohammed ElBaradei said on his Twitter account Wednesday (The Associated Press, December 26, 2013).
355. personal holding company n. A company with few shareholders and a large percentage of income through passive sources such as rents or royalties.
Except in the case of distributions in liquidation, between two corporations more than 50 percent in value of the outstanding stock of each of which is owned, directly or indirectly, by or for the same individual, if either one of such corporations, with respect to the taxable year of the corporation preceding the date of the sale or exchange was, under the law applicable to such taxable year, a personal holding company or a foreign personal holding company (The Inquirer, December 07, 2013).
356. personal liability n. Liability for a matter extending to an individual’s personal funds and property.
Personal liability can also attach to directors and officers, where breaches have been committed by their company with their consent, connivance or neglect (The Birmingham Post, May 28, 2013).
357. petit jury n. A trial jury that has the job of hearing testimony, seeing evidence, and using the information to determine issues of fact and reach a conclusion about them, such as a verdict in a criminal case.
‘Whether born of desperation, the desire for publicity, or a gross effort to taint the grand jury and potential petit jury pool, the motion is absurd,’ wrote Mosby’s chief deputy, Michael Schatzow (The Guardian, May 20, 2015).
358. petition n. An application to the court asking for relief on some matter that functions as a complaint does in a court of law; in most jurisdictions today, the term ‘complaint’ is used instead of petition.
More than 1000 people have signed a new petition calling for an independent inquiry into the Birmingham pub bombings (The Birmingham Post, February 27, 2013).
359. petitioner n. A person who brings a legal action by means of a petition either in a court of equity or a court of appeals.
The petitioners are hoping that a favorable trade case outcome will allow them to recapture some of the foregone market share (Morning Star, February 16, 2016).
360. plea bargaining n. An agreement between the prosecution and the defence by which the accused changes his plea from not guilty to guilty in return for an offer by the prosecution (for example, to drop a more serious charge against the accused) or when the judge has informally let it be known that he will minimize the sentence if the accused pleads guilty.
Reinstate the death penalty for specific gun crimes ‒ with no plea bargaining (Chicago Sun-Times, July 20, 2017).
361. plea n. A formal statement in court by or on behalf of an accused person as a response to the charge made against him.
Before a defendant can actually enter a guilty plea, the judge engages in a discussion with the defendant to make sure the defendant understands what he is doing and wants to waive all the rights that go along with a trial (Slate, June 25, 2017).
362. plebiscite n. A public referendum or vote by the population of a territory to determine its choice of a sovereign or a cession of territory to another state.
A postal vote plebiscite to determine whether same-sex couples can be married is an 18th century solution to a 21st century challenge (Hobart Mercury, Aug 7, 2017).
363. précis n. A précis is a law-paper where police write the police story about how a person broke the law.
Hover over each item and it gives you a précis of the scheme, or click on it for the latest information from the Post (The Birmingham Post, January 18, 2015).
364. presumption of innocence n. The presumption of innocence is a rule that says this: It is only when a judge says that a person broke the law that we can treat that person like he is guilty. Otherwise, we must treat that person like he is innocent.
They seem to forget that the judicial system relies on the presumption of innocence until guilt is proven(Chicago Sun-Times, September 25, 2014).
365. prima facie adj. First face; at first sight; based on first impressions; the initial view of something, accepted as true until disproven.
Prima facie, this was a classic Tocqueville contrarian value stock. It was down in price for no reason other than concerns about the Japanese economy (Morning Star, June 24, 2016).
366. prima facie case n. An initial case; a case with sufficient proof to stand trial and withstand a motion to dismiss or for a directed verdict, which will be accepted as true until the defendant proves otherwise.
‘Having reviewed the match video and other evidence, I have assessed that there is a prima facie case of foul play by Troy Flavell,’ said Blackett. ‘Flavell can expect a probable three-week ban’ (ChronicleLive, February 28, 2013).
367. prima facie evidence n. Evidence sufficient to establish a claim or defense until rebutted by contrary evidence.
Mr. Justice Irwin ordered on Saturday that Qatada should remain in custody after hearing ‘strong prima facie evidence’ that mobile telephones or communications equipment had been switched on in his London house (ChronicleLive, March 11, 2013).
368. prison n. A public building in which may be confined persons charged with or convicted of a crime, and persons who can give important testimony on the trial of criminal cases.
She said: ‘We know many prisons are in crisis and I deliberately use that term, because it can’t be dressed up in any other way’ (The Birmingham Post, August 2, 2017).
369. procedural law n. The part of the law that deals with practice and procedure in the courts.
These lawyers often must obtain government security clearances, and become adept at navigating the laws involving classified information and foreign intelligence searches. They often travel overseas to interview witnesses and a client’s family members. ‘Not only do you have the substantive law and the procedural law, but you have the whole cultural orientation,’ said Anthony L. Ricco, who has represented a series of terrorism defendants over the past two decades (The New York Times, November 25, 2013).
370. prosecutor n. A lawyer who works for the government in court.
The state prosecutor’s office in Allegheny County, Pennsylvania, confirmed to the Associated Press that it paid a ransom of around $1,400 in Bitcoin after its systems were infected with ransomware via Avalanche (Information Week, December 6, 2016).
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371. quasi-judicial adj.Describes the actions and powers of administrative officers and agencies that can perform some judicial tasks, although they are not in fact judges or courts.
Instead, ICE navigates a quasi-judicial, quasi administrative world with the power to detain based on an administrative judge’s order. If they are not given consent to enter a home, they can make arrests in public or possibly places of employment where the presence of a team of ICE agents can send panic through a community(NBC News, April 22, 2017).
372. query n. A question.
Newsweek contacted Spacey’s former publicist, Staci Wolfe, who confirmed she is no longer working for the actor. She referred the query to a lawyer, who has not responded to repeated requests for comment (Newsweek, November 03, 2017).
373. quiet enjoyment n. Undisturbed use of land or buildings that one is leasing.
The management company say it other people in the building had their ‘ contractual right to quiet enjoyment breached’. Sheraton’s statement says: ‘We manage numerous properties lived in by families, some with very young children. Our policy is always to avoid the necessity for repossession proceedings’ (The Telegraph, November 16, 2017).
374. quit v. To stop some activity; to resign from a job.
When I told the managing partner of my firm that I was quitting to be a writer, I don’t think either of us really knew what that meant. The only thing I did know was that I needed to write(Canadian Lawyer, October 31, 2016).
375. quitclaim n. The act of giving up a claim on someone else or relinquishing a title to something.
Court documents indicate the county was given quitclaim to the roads in 1990. County officials downplay the significance of that court order and maintain the roads are private and the county cannot fund their paving(San Antonio Express-News, December 4, 2015).
376. quorum n. The minimum number of members or delegates that must be present at a meeting of a body to validate any decisions made or business transacted at that meeting.
Earlier in the afternoon, the GOP used an acrobatic parliamentary measure to push a vote through the Republican-dominated Senate, even though all 14 Democratic members remained out of state in an effort to block a vote on the original version of the bill, which required a quorum to go forward (The Atlantic, March 10, 2013).
377. quota n. A goal; a fixed number of objects or people that are allowed or desired someplace.
Workers have said they wanted to organize because of low wages, inconsistent hours, high health-insurance costs, disrespect and unreasonable work expectations. Housekeepers at the 484-room Hilton, for example, said they cleaned an average 35 rooms in an eight-hour shift, sometimes more, and often worked while clocked out in order to make the quota (My San Antonio, December 5, 2017).
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378. racial profiling n. The use by law enforcement officers of racial quotas instead of actual grounds for suspicion in their selection of people to stop for questioning.
Donald Trump has called for more racial profiling by America’s law enforcement agencies in an incendiary move that risks further stoking a growing Republican rebellion against his presidential candidacy (The Telegraph, June 19, 2016).
379. racism n. Prejudice against members of a particular ethnic group or race.
Those who support the statement of principles, however, say the requirement is an important part of a larger initiative to battle systemic racism in the profession. Bencher Raj Anand said the requirement is simply an acknowledgement of obligations lawyers already have (Canadian Lawyer, December 1, 2017).
380. radical adj. Politically extreme, most often extremely liberal; supporting extreme change or complete reform of a system of government.
Violent anti-Vietnam War protests through the Gold Coast and the Loop that came to be known as the ‘Days of Rage’ pitted the Weathermen, a radical wing of the Students for a Democratic Society, against Chicago Police denounced by the radical demonstrators as ‘pigs’ (Chicago Sun Times, June 9, 2015).
381. ransom n. A sum of money or other valuable item demanded for the release of a prisoner, especially a kidnapped person.
After the streaming giant refused to pay the ransom, hackers released all ten episodes of the upcoming set to bow in on June 9 (DNA India, May 16, 2017).
382. rape n. The crime of having sexual intercourse with someone without his or her consent and against his or her will; synonymous with sexual assault.
Patty Hearst was put on trial for armed robbery and convicted, despite her claim that she had been coerced, through repeated rape, isolation, and brainwashing, into joining the SLA. Prosecutors believed that she actually orchestrated her own kidnapping because of her prior involvement with one of the SLA members (Crime Magazine, January 30, 2017).
383. rational basis test n. A test applied by a court to determine whether a law challenged on constitutional grounds has a rational basis for existence, i.e., that it is intended to and does accomplish some legitimate governmental objective, that it is reasonable and not arbitrary, and that it treats all similar people the same way.
Walker aimed his opinion to fit within the ambit of those precedents and satisfy the rational basis test, should the case ever reach the supreme court (The Guardian, August 5, 2013).
384. real estate n. Land and the buildings attached to it.
The US Justice Department has launched lawsuits through which it is seeking to recover $US1.7 billion ($2.2bn) in assets thought to have been purchased with looted money, from artwork to high-end real estate (The Australian, December 6, 2017).
385. riparian rights n. The rights of those who own property on the banks of rivers and streams related to use of the water and the land bordering it.
In the case, Nechako Nations brought an action against Rio Tinto for nuisance and for breach of riparian rights as a result of the company’s diversion of water from the Kenney Dam, which they allege affected the flow and temperature of water, caused erosion of the banks, and brought unnatural sedimentation in the riverbed with consequences for fisheries resources (Canadian Lawyer, December 29, 2015).
386. risk capital n. Money directly invested in some business venture, usually in exchange for common stock in the company.
‘Because TWC requires additional risk capital to acquire, produce and release product, and remain a going concern, I am certain TWC will file a Chapter 11 petition within the next three months,’ Waisbren said (NBC News, October 22, 2017).
387. rogue state n. A nation that, due to its disregard of peremptory norms, authoritarian government, or support for terrorism, constitutes a threat to world peace.
When America welcomed the Arab Spring they stuck stubbornly to the belief that democracy would finally become the norm in all these rogue states. They were strangely unable to realise that Sunni-Shia divides and thousands of years of tribalism rendered those hopes as false and even pathetic (The Australian, December 10, 2017).
388. ruling n. A judge’s or court’s decision or authoritative statement about a question of law, the admissibility of evidence.
In forensic terms, there is nothing whatsoever deemed ‘classic’ about any drowning, no one particular physical characteristic manifesting in a corpse that would aid in expediting such a ruling (Crime Magazine, May 26, 2016).
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389. sabotage v. To destroy or impede something deliberately, as part of war or a political or labor dispute.
In the first Minnesota case to address a new and growing form of cybercrime, federal prosecutors have charged a man with paying computer hackers to sabotage websites affiliated with his former employer (The Philadelphia Inquirer, November 7, 2017).
390. salable adj. Able to be sold; fit for sale; merchantable.
When a homeowner lists a home with real estate tax liens, federal tax liens, state revenue tax liens or litigation liens, the home may still salable, but the seller may have to take additional steps to get from the contract state to the closing table(The Washington Post, October 9, 2017).
391. salary n. A regular fixed payment made by an employer to an employee as compensation for services rendered, generally set by the year or for another fixed period, as opposed to by the hour.
Millett reported no direct stock holdings in 2012, choosing instead a portfolio of mutual funds, U.S. Treasury bonds and other vehicles. She was the only one of the judges on the possible short-list to report a spouse’s salary: her husband works as the office manager of the Florida Sugar Cane League, a trade association representing sugar companies (Newsweek, February 18, 2016).
392. sale n. The act of exchanging a commodity for money; a contract between a buyer and a seller in which the seller transfers property to the buyer in exchange for money or the promise of money.
The senator said the alleged failure to notify residents of the sale amounted to an unconstitutional lack of due process (San Francisco Chronicle, November 1, 2017).
393. search warrant n. A written order issued by a judge or judicial official in the state’s name, authorizing a sheriff or other officer of the law to search a particular place for evidence of a crime and seize it if found.
An attorney for Paul Manafort says in papers filed Friday that he expects to file pretrial motions to suppress what Mueller ‘improperly obtained by search warrant, subpoena or otherwise’ (The Economic Times, November 4, 2017).
394. secondary party n. A person who is responsible for paying a debt if the original debtor fails to; a person who has secondary liability for a debt.
Yet today the Supreme Court ruled that in 1984 the law took a wrong turn and has imposed a new equally simple test: to convict a secondary party it now must be proved beyond all reasonable doubt that they ‘had an intention to assist or encourage the main party or offender’ (The Guardian, February 18, 2016).
395. second mortgage n. A mortgage placed on property that already has a mortgage on it, which follows in priority behind the first mortgage.
During March, £93m of second charge mortgages were taken out – up 22% on the previous month. The figures show that growing numbers of homeowners are deciding to cash in on the equity in their property by taking out a second mortgage to raise money for a variety of reasons, including financing a home extension, funding a deposit for a son or daughter buying their first home, or even paying a tax bill(The Guardian, May 12, 2017).
396. segregate v. To separate; to keep certain things or people away from one another; to separate people based on race, religion, sex, etc.
All other retailers must segregate alcohol to a separate area in the shop and keep it in a closed storage unit (The Irish Times, November 3, 2017).
397. session n. A meeting of a court, legislature, or other body; the period when a court sits to hear cases.
Sessions noted his role as both a U.S. attorney and later as Alabama’s attorney general in the prosecution and execution of Klansman Henry Hays (Newsweek, November 1, 2017).
398. shield law n. A law that prevents a court from requiring witnesses to reveal certain kinds of information, such as a law that prevents opposing counsel from questioning a victim of a sex crime about his or her past sexual behavior, or a law that allows journalists to refuse to disclose confidential information in a legal proceeding.
Mr Makuch and other journalists have pushed for the government to pass a ‘shield law’, which would protect journalists from being forced to reveal their sources (BBC News, April 26, 2017).
399. sign v. To write one’s name on a document to authenticate or execute it.
A Syrian official said Tuesday that the war-ravaged country plans to sign the Paris climate accord. Until now, it had been the only United Nations member state not to have done so (Los Angeles Times, November 7, 2017).
400. sober adj. Not under the influence of drugs or alcohol.
The pilot of the hot-air balloon that crashed in Texas, killing 16 people, had a record that includes arrests for driving while intoxicated and drugs ‒ but his ex-girlfriend said he had been sober for years and would never put his passengers in danger(NBC News, August 1, 2016).
401. solvent adj. Able to pay debts; having enough money to cover one’s expenses.
After meeting with Republican and Democratic congressional leaders Wednesday morning, President Trump announced that he had cut a deal with the Democrats that would provide a first tranche of aid to victims of Hurricanes Harvey and Irma, as well as keep the government funded and solvent past the end of the month(Newsweek, June 9, 2017).
402. sovereignty n. The power by which a government rules its state or nation.
‘The South China Sea issue isn’t an issue between China and the United States,’ deputy foreign minister Zheng Zeguang said last week, adding that China had indisputable sovereignty over islands and surrounding waters, something indeed disputed by the international maritime court in The Hague last year (The Irish Times, November 6, 2017).
403. spoliation n. The act of destroying something; destruction of evidence that might prove unfavorable; destruction or modification of a document or instrument.
It is not impossible that one or two of these objects may, as research goes on, prove to have come from collections which were the subject of spoliation during the Nazi period(BBC News, January 31, 2013).
404. squatter n. A person who sets up residence on property that does not belong to him or her.
A Barcelona woman has become a squatter in her own home after finding out that her tenant was using the tourism rental website Airbnb to illegally sublet the flat in the city’s fashionable Barceloneta area (The Sydney Morning Herald, June 26, 2017).
405. stalk v. To follow or watch a person with no legitimate purpose and in such a way that it alarms the person being followed.
Man who stalked Sandra Bullock receives probation and 10-year restraining order (Los Angeles Times, May 24, 2017).
406. stalker n. A person who stalks another.
A jury has awarded Erin Andrews $55 million in her lawsuit against a stalker who bought a hotel room next to her and secretly recorded a nude video, finding that the hotel companies and the stalker shared in the blame (Valley News, March 7, 2016).
407. state law n. Laws passed by and enforced within a state, as opposed to federal law.
According to Nevada state law, an ‘act of terrorism’ is described as follows: ‘Any act that involves the use of violence intended to cause great bodily harm or death to the general population’ (BBC News, October 3, 2017).
408. status n. Social standing or rank; official classification; condition or state.
The Trump administration has agreed to a ‘very substantial’ payout and is apologizing to tea party groups to settle lawsuits over the extra, often burdensome IRS scrutiny they received when applying for tax-exempt status during the 2012 election(Valley News, October 26, 2017).
409. status quo n. The usual state of things at a particular time.
Mr O’Sullivan’s legal team will seek a short expedited hearing on the validity of Prof Conroy’s decision not to allow the appointment of those new directors and, pending the outcome of that, will ask the court to freeze the status quo (The Irish Times, August 22, 2017).
410. status quo ante n. The normal state of things before a particular event occurred.
Although there will be no return to the status quo ante, 2016 could witness the beginning of two fundamentally different systems of economic and political governance finding a way to live together (BBC News, January 4, 2016).
411. statute n. A formal written law passed by a legislature.
But under Japanese statutes, ‘you can’t establish ownership well for nonphysical stuff’. Mt Gox was once the world’s largest bitcoin exchange (The Australian, November 8, 2017).
412. statute of limitations n. A statute that limits the time in which a lawsuit may be brought for an injury or a crime, after which the party with a grievance loses the right to sue.
It falls within California’s 10-year statute of limitations for the crime of rape, and could lead to a trial if prosecutors decide they have enough evidence to support a case against the filmmaker ((BBC News, October 20, 2017).
413. statutory adj. Related to statutes; required by or governed by a statute.
All these pollies on several hundred k a year salaries hid behind the uncertainties of statutory declarations (The Australian, November 9, 2017).
414. superior court n. A court of general jurisdiction, usually wider jurisdiction than an inferior court, though meaning varies by state.
A Superior Court judge ruled, though, that this was a big enough policy change that the state needed to go through the trouble of crafting a regulation (The Boston Globe, October 24, 2017).
415. supervisor n. An employee who oversees the work of other employees.
He told his supervisor he needed to place a heavy, rubberized mat on the third rail to keep workers from getting electrocuted. The supervisor, angry that time would be wasted going upstairs to a truck to retrieve the mat, said no (The Village Voice, March 28, 2017).
416. supranational adj.Transcending national boundaries, concerns, or governments.
Three very different countries, but in all cases a conviction among a significant number of voters that they would be better off on their own outside any measure of control by a supranational authority like the EU or a nation state like Iraq or Spain(The Independent, October 6, 2017).
417. Supreme Court n. The highest court in a state or in the United States; the court of last resort in many states and in the United States; also used as a name for a court of general jurisdiction in some states.
A drag queen known for opposing Republican U.S. Senate candidate and gay marriage foe Roy Moore has given Alabama’s history agency the garb she wore during the fight that helped unseat Moore from the state Supreme Court last year (The Boston Globe, October 30, 2017).
418. surtax n. An additional tax imposed on something that has already been taxed.
Some voters might be confused when they get to the much ballyhooed Broward County transportation surtax on the absentee ballot (Florida Sun Sentinel, October 7, 2016).
419. suspended sentence n. A sentence for a criminal offense that is postponed indefinitely unless the convicted person commits another crime within a specified period.
But the 60-year-old was given a suspended sentence because of he has a curvature of the spine, which Judge Ian Lawrie said would cause him
‘considerable discomfort’ in prison (The Independent, November 13, 2017).
420. suspicion n. The act of suspecting; a belief that someone has committed a crime or misdeed.
Two Air Transat pilots have been arrested on suspicion of being ‘under the influence of alcohol’, just before the plane was due to take off from Glasgow Airport, Scotland. Two Canadian pilots have been arrested in Scotland on suspicion of attempting to fly while under the influence of alcohol (Waikato Times, July 20, 2016).
421. swindle v. To use fraud to cheat someone out of money.
It followed claims that the couple had swindled more than €500,000
(£426,347) out of the state by pretending that the self-styled ‘housewife’ had also been assisting her husband as a parliamentary attachée for almost 10 years (The Independent, January 27, 2017).
422. syllabus n. A headnote at the beginning of a reported case, summarizing the key legal points contained within.
Media outlets report that University officials on Tuesday forced Terry College of Business professor Rick Watson to remove his ‘stress reduction policy’ from the syllabus on his webpage. The policy would have allowed students to grade themselves and drop out of group work if they became too stressed. It also allowed for all tests and exams to be open book (The Boston Globe, August 8, 2017).
423. syndicate n. A group of people or companies that form an alliance, permanent or temporary, to conduct some business or activity together.
A syndicate of NHS hospital catering staff have all quit their jobs on the spot after winning a staggering £25 million on the Euromillions lottery (The Mirror, November 8, 2017).
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424. tangible property n. Property that has a physical existence, e.g. chattels and land but not choses in action nor incorporeal hereditaments.
‘The next logical step will be for courts to recognize that people who buy digital goods are owners of those goods, not mere licensees, and can resell and tinker with their digital goods to the same extent as purchasers of tangible property,’ the Electronic Frontier Foundation, a consumer group that supported Impression in the case, said Tuesday in a blog post (Los Angeles Times, May 31, 2017).
425. tax n. A compulsory contribution to the state’s funds.
But Republicans are split on taxes. A restive rump of House Republicans from high-tax states like New York, New Jersey, Illinois and California staunchly oppose the tax plan’s proposed elimination of the federal deduction for state and local taxes. They maintain it would hurt low- to mid-income taxpayers and subject them to being taxed twice (The Tribune, October 20, 2017).
426. tax avoidance n. The lawful arrangement or planning of one’s affairs so as to reduce liability to tax.
‘The Tax Cuts and Jobs Act includes specific safeguards to prevent tax avoidance and help ensure taxpayers of all income levels play by the rules under this new fairer, simpler tax system,’ the document states (The Washington Post, November 3, 2017).
427. tax evasion n. Any illegal action taken to avoid the lawful assessment of taxes; for example, by concealing or failing to declare income.
A Boca Raton attorney has pleaded guilty to income tax evasion, admitting he avoided paying more than $1.5 million he owed the IRS by hiding some of his income and assets(Florida Sun Sentinel, March 4, 2016).
428. tax year n. The year of assessment for income tax and capital gains tax purposes.
‘If you itemize your deductions on your tax return, you can elect to deduct either state and local income taxes or state and local sales taxes paid in the tax year,’ said Laurie Samay of Palisades Hudson Financial Group in Scarsdale, New York. ‘Taxpayers should choose whichever results in the largest deduction’ (Deseret News, February 29, 2016).
429. tenancy n. The interest of one who holds land by any right or title.
Pehrspace, the longstanding DIY venue on the southern edge of Echo Park, posted an ominous note that it had received a 60-day notice terminating the month-to-month tenancy on its current space (Los Angeles Times, June 7, 2016).
430. tenant n. A person who is granted a Iease or a tenancy.
Police said Canedo first began harassing the tenant Tuesday when she spray-painted her car with derogatory language, threw a rock through the tenant’s apartment window and spray-painted the home, even though it’s Canedo’s home (USA Today, November 4, 2013).
431. tenement n. A building, house, dwelling, or other structure affixed to land; a building divided into separate residences that are rented; a dilapidated or run-down apartment building.
Rift Valley Resources Limited (RVY) is a mineral exploration company with a package of tenements in areas of Tanzania and Angola (The Australian, October 11, 2014).
432. terminable interest n. An interest in property that ends when a particular event occurs or does not occur.
There’s a trust – the QTIP, or Qualified Terminable Interest Property Trust – that gives your wife a lifetime interest in the money it contains but passes assets in the trust on to your children on her death (The Guardian, November 20, 2013).
433. territorial jurisdiction n. A court’s or government’s power over a specified territory or region.
The submission by the Attorney General’s Department to the security committee said the data retention obligations applied to service providers within Australia’s territorial jurisdiction and were ‘subject to a number of substantial exceptions and an exemptions regime’ (The Guardian, February 19, 2015).
434. territorial sea n. The waters that are considered the territory of the state off which coast they lie; a band of waters parallel to the coast that can be no more than twelve nautical miles wide.
The U.S. Coast Guard rescued a dozen people from a sinking ship off the coast of Cuba. On Saturday, the Coast Guard Seventh District command center in Miami received notice that the 120-foot coastal freighter, Granam ST Anne, out of Haiti, was taking on water while in Cuban territorial seas, the Coast Guard said(Sun-Sentinel, December 28, 2015).
435. territorial waters n. All waters contained within a state or country and all ocean waters within a three-mile border around its coast.
India and Pakistan regularly arrest each other’s fishermen for illegal fishing in their poorly delineated territorial waters, often detaining them for months (Deseret News, July 9, 2017).
436. territory n. A defined area of land; an area or region under the control of one government or ruler; the area in which a judge has jurisdiction; a region that is organized and governed according to the terms of a particular nation but has not yet been admitted to statehood in that nation.
Premier Annastacia Palaszczuk’s campaign ventured so deep into LNP territory on Tuesday, she attended the same country race meet as the Deputy Opposition Leader (Sydney Morning Herald, November 7, 2017).
437. terror n. Extreme fear or dread, which can lead to intimidation; the fear typical of someone who is afraid of being hurt or killed.
New Yorkers turn to the Hudson River Greenway each day for the peace of pedaling free of car traffic. On Tuesday, America’s busiest bike path became a scene of terror (The Washington Post, November 2, 2017).
438. terrorism n. The use of violence to achieve political ends in order to intimidate citizens and governments into acquiescing to the demands of the terrorists.
The minister said the aim of the Modi government was to achieve the dream of a new India by 2022 that would free from maladies like communalism, terrorism and naxalism (The Economic Times, November 9, 2017).
439. terrorist n. A person who engages in terrorism.
A judge has imposed a 27-year prison term for a man accused of supporting terrorism and trying to arrange the killing of the Ohio federal judge who originally oversaw his case(The Philadelphia Inquirer, November 6, 2017).
440. terrorize v. To frighten someone terribly; to use violence or threats to fill someone with dread and alarm.
An eyewear website operator who threatened some of his customers with murder or rape when they complained about their eyeglasses was sentenced Thursday to four years in prison by a judge who said he terrorized them (Sydney Morning Herald, September 7, 2014).
441. testament n. A will; the part of a last will and testament that disposes of someone’s personal property.
American culture is obsessed with trying to stay young and defy mortality, but the aging process is a beautiful testament to the Lord, the Creator of time (Greeley Tribune, October 6, 2017).
442. testator n. A person who writes and executes a will; a deceased person whose property is disposed of according to the terms of his or her will.
If parties want to order their relationships through religious legal rules, they can set forth the rules themselves in their contracts or wills, for instance by saying, ‘I leave my daughter Deborah 1/3 of my property and my son Samuel 2/3.’ There is no antidiscrimination rule for testators, obligating them not to play favorites among their children, whether based on sex or any other reason (The Washington Post, February 18, 2014).
443. testify v. To speak under oath; to give evidence as a witness in a deposition or lawsuit; to serve as proof of something.
Amid reports that Russia-based organizations purchased ads on Facebook before the 2016 US presidential poll, a Senate Committee is considering inviting Facebook and Twitter to testify on misinformation spread on their platforms (The Economic Times, September 13, 2017).
444. testimony n. The spoken evidence given by a witness under oath in court or at a deposition, or written evidence provided by a witness under oath through an affidavit.
He has denied the more salacious allegations in the dossier and, according to Schiller’s sworn testimony, both men took the offer as a joke (CNN Transcripts, November 10, 2017).
445. theft n. The act of taking something that belongs to someone else, without the owner’s permission and with no intention of returning it.
In March, federal prosecutors charged two Russian intelligence agents and two hackers with masterminding a 2014 theft of 500 million Yahoo accounts, the first time the U.S. government has criminally charged Russian spies for cybercrimes (The Economic Times, November 8, 2017).
446. trademark n. A name, word, symbol, or device used by the manufacturer of a product to identify that product and distinguish it from other similar ones produced by competitors, which can be registered with the U.S. Patent and Trademark Office.
The Google Self-Driving Car Project’s ‘panda’ test vehicles became its trademark. Now named Waymo, the project has retired the panda cars in favor of sturdier on-road test vehicles (Lincoln Journal Star, June 27, 2017).
447. transact v. To conduct business; to carry on some activity.
Particularly in emerging markets, ‘mobile money’ means so much more than just a digital way to transact financial services (CNN Transcripts, November 6, 2014).
448. transaction n. One instance of conducting business, such as buying or selling an item; an agreement or act involving at least two people that alters their legal rights in relation to one another.
The deal includes $7.8 billion in cash and the assumption of $1.4 billion in debt, according to a joint press release from Northrop Grumman and Orbital ATK. The transaction, which has already been approved unanimously by the boards of directors from both companies, is expected to close in the first half of 2018(Deseret News, September 18, 2017).
449. transcript n. An official, certified, written record of a trial or other proceeding prepared by a court reporter.
For a company accustomed to making theater out of literary short stories, Supreme Court transcripts might seem like an unlikely source of inspiration (San Francisco Chronicle, March 23, 2017).
450. treason n. The act of betraying one’s country, such as by aiding an enemy of the state or plotting to overthrow the government.
Meanwhile Congressman Peter King called for Snowden to be extradited from Hong Kong and senate intelligence committee chair Dianne Feinstein accused him of treason. The justice department is investigating the case and contemplating criminal charges (The Guardian, June 10, 2013).
451. trial court n. The court in which a case is first presented, as opposed to an appellate court.
However, the panel also ruled that the church was not financially responsible for Taylor’s liability and returned the case to a trial court for a decision on liability beyond the $1.2 million (Deseret News, September 20, 2013).
452. tribunal n. A judicial court; a judge’s seat or bench; a judge or group of judges with jurisdiction in an area.
The tribunal last year rejected a Russian application to allow its athletes to compete at the Paralympics after the team was banned when a World AntiDoping Agency investigation alleged widespread doping (The Washington Post, November 6, 2017).
453. true copy n. A copy of a document that is not necessarily an exact duplicate of the original but is close enough to be clearly understood and recognized.
Meanwhile, our solicitor received a letter from births, deaths and marriages saying my original birth certificate, because it wasn’t a true copy of the original registration, was considered an illegal document (The Guardian, August 22, 2014).
454. tyrant n. A single absolute ruler; a ruler who holds absolute power over the state; a despot.
Multiple signs lead to the conclusion that the United States is preparing to show Syrian tyrant Bashar al-Assad that he went too far when he launched a chemical weapons attack(Lincoln Journal Star, August 27, 2013).
U
455. ulterior intent n. An element of the certain crimes that requires an intention to bring about a consequence beyond the criminal act itself.
As for around 31 lakh NGOs operating overtly to serve people, most of them floated by powerful politicians or their allies, their ulterior intent continues to be under cloud (Deccan Herald, June 23, 2017).
456. undertaking n. A promise, especially in legal proceedings, that creates an obligation.
In undertaking these steps, the government has four goals, Rajoy said. These are to return to legality; to restore normality and coexistence in Catalonia; to continue the region’s economic recovery; and to hold elections under normal conditions (CNN Transcripts, October 21, 2017).
457. undischarged bankrupt n. A person who has been made bankrupt and who has not yet received an order of discharge from the court.
On Thursday Culleton won a one-week extension of a stay against proceedings to seize his assets, and claimed this meant he was not an undischarged bankrupt and his removal from the Senate was not valid (The Guardian, January 12, 2017).
458. undue influence n. Influence that prevents someone from exercising an independent judgment with respect to any transaction. A contract or gift procured by the exercise of undue influence is liable to be set aside by the courts.
A judge could rule that the losing applicant be awarded an additional license or be compensated for damages. ‘Do we find a situation where there was undue influence?’ Marquez says (The Village Voice, July 22, 2015).
459. unfair dismissal n. The dismissal of an employee that an employment tribunal finds is unfair.
Basically, an evaluation for a teacher would take two years to conduct and the agreement they were working on would only last two years too, meaning the UFT and DOE would have to come to the table yet again then under a new mayor’s leadership. And that doesn’t make much sense. Also, the teachers union sought to double the arbitration hearings to defend their own against unfair dismissals (The Village Voice, May 9, 2013).
460. unfair prejudice n. Unfair conduct on the part of those entrusted to run and control a company in respect of company members.
To which lawyers for the plaintiffs responded Tuesday, in effect: Of course it is ‒ that’s the point. ‘This is precisely the type of ‘prejudice’ our adversarial system demands,’ the ex-students’ lawyers said, adding that Trump ‘may think anything that does not go his way is unfair, but that is clearly not the legal definition of unfair prejudice’ (NBC News, June 14, 2016).
461. unincorporated body n. An association that has no legal personality distinct from those of its members.
On some challenges faced by RBI, he said the menace of
‘unincorporated’ bodies and ‘fly-by-night’ operators accepting deposits needed to be addressed and they were strengthening the market intelligence efforts and inter-regulatory coordination mechanism (Deccan Herald, November 23, 2014).
462. unsecured creditor n. A person who has lent money without obtaining any security.
After filing for bankruptcy in November, the Anaheim automaker asked the court to let Hybrid buy the assets for about $25 million. Unsecured creditors objected to the price and helped bring Wanxiang, China’s largest auto parts supplier, into the case in December(San Francisco Chronicle, February 18, 2014).
V
463. vacant possession n. The exclusive use of land, to which a purchaser is entitled on completion of the transaction unless he has contracted to buy subject to another’s right of occupation.
Soon after, the banks will submit an application with the district magistrate seeking vacant possession of the mortgaged property. The magistrate, after ensuring that the banks have followed the due process, will direct the revenue authorities to take vacant possession of the property and hand over the same to the banks/ HFCs after conducting proper panchnama of inventory of the movable assets (Deccan Herald, January 28, 2016).
464. vandalism n. Defacing or damaging property. There is no offence of vandalism as such, but it will usually constitute an offence of criminal damage.
One was the acquittal of all the accused members of Sambhaji Brigade by a Pune court in the June 2004 case relating to the vandalism at the internationally-acclaimed Bhandarkar Oriental Research Institute (BORI). The other was a Pune court’s decision to allow withdrawal of the criminal case against Shiv Sena leader Neelam Gorhe and Sena chief Uddhav Thackeray’s personal assistant Milind Narvekar (Hindustan Times, October 29, 2017).
465. variance n. A discrepancy between a statement in the statements of case or between a statement in these documents and the evidence adduced in support of it at trial.
There was quite a bit of variance in the voting, with 20 of the 32 teams receiving votes, including six that got picked for the top spot with New Orleans, Kansas City and New England joining Dallas, Philadelphia and Pittsburgh (The Washington Post, November 3, 2017).
466. verdict n. A jury’s finding on the matters referred to it in a criminal or civil trial.
The 10-year-old’s rape case took three-and-a-half months to reach verdict (Hindustan Times, November 2, 2017).
467. vesting order n. An order of the High Court creating or transferring a legal estate in land.
However, the government will decide the fate of four blocks, which came under the scanner for receiving low value bids, after an Inter-Ministerial Committee report. ‘Top Coal Ministry officials had a meeting with Chief Secretaries of coal-bearing states in order to ensure smooth transfer rights, title and interests in the coal mines to successful allottees. Accordingly, vesting orders would be issued on March 23 to successful bidders who grabbed mines in the first tranche of auctions,’ an official told PTI (Deccan Herald, March 15, 2015).
468. veto n. The power given to any permanent member of the Security Council of the United Nations to refuse to agree to any nonprocedural proposal and thereby defeat it.
Congress voted overwhelmingly for the law in September, overriding a veto by US President Barack Obama in his final weeks in office. The law, known by the acronym JASTA, gives victims’ families the right to sue any foreign country found to support a terrorist attack that kills US citizens on American soil (Deccan Herald, May 11, 2017).
469. Vice Chancellor n. A judge who is vice president of the Chancery Division of the High Court. The Vice Chancellor is by statute responsible to the Lord Chancellor for the organization and management of the business of the Division and is ex officio a member of the Court of Appeal.
Ms. Mullen was asked to meet with Chancellor Green, Executive Vice Chancellor Donde Plowman, Interim Vice Chancellor of Student Affairs Laurie Bellows and Chief of Staff William Nunez. That’s a ratio of four college administrators to one undergraduate student. Feeling outnumbered and intimidated, Ms. Mullen brought her attorney to the meeting (Lincoln Journal Star, November 1, 2017).
470. victim n. A person who is actually and directly affected by an act or omission that is incompatible with the European Convention on Human Rights, or a person who is at risk of being directly affected.
The district police claimed to have solved the murder of the BSF jawan’s wife with the arrest of her nephew, here on Saturday. The 37-year-old victim, Anju Balla, was found murdered at her house in Krishna Enclave in Dinanagar on November 1 (Hindustan Times, November 5, 2017).
471. video evidence n. Evidence from witnesses provided on video, either through live video link or prerecorded.
The Aurora Police Department wants your cell phone photos – and videos too – of anything suspicious around the city. Stating that photo and video evidence of a crime is among the best available, Aurora police announced the launch of a cell phone-focused campaign titled ‘Click, then Call’ (Chicago Tribune, February 2, 2017).
472. voluntary accommodation n.Accommodation provided by a local authority for children whose parents are temporarily unable to look after them or for children who have been abandoned.
Section 20 accommodation has recently been the subject of severe judicial criticism with concerns about social workers coercing parents to consent to section 20 voluntary accommodation for their children under the threat of formal care proceedings(The Guardian, July 10, 2017).
473. voluntary arrangement n. An agreement between a debtor and his creditors concerning the payment of his debts under the provisions of the Insolvency Act 1986.
In those local authorities that do, Ashley said: ‘What’s really shocking is the number of very young babies who this is happening to very soon after birth. It’s not legal to permanently relinquish a baby under six weeks old, but mothers are being asked to sign voluntary arrangements below that age, with their babies then placed with a foster carer who’s a potential adopter’ (The Guardian, July 10, 2017).
474. voluntary settlement n. A settlement made without valuable consideration.
The Gambling Commission said Gibraltar-based Betfred was making the ‘voluntary settlement’ after the regulator identified ‘failures by the operator in its anti-money laundering and social responsibility policies’ (The Telegraph, June 14, 2016).
475. volunteer n. A person who, in relation to any transaction, has not given valuable consideration.
Members of the provincial government’s Emergency Medical Assistance Team, on the instructions of Health Minister Eric Hoskins, went to set it up and teach the Toronto volunteers how to work the tent and its systems themselves (Ottawa Citizen, November 3, 2017).
476. voting n. The process of casting a vote on a motion proposed at a company meeting.
Hundreds of thousands who want Catalonia to remain part of Spain rallied in downtown Barcelona on Sunday, two days after a separatist majority in Catalonia’s parliament exacerbated a political crisis by voting for the wealthy region to secede (Ottawa Citizen, October 29, 2017).
W
477. waiver n. The act of abandoning or refraining from asserting a legal right.
Those refused admission can apply through a U.S. embassy or consulate for a visa waiver which may be granted under some circumstances from the U.S. Department of State, says Schreiber. ‘Remember’ he said, ‘a criminal history is for life, even if the alien obtains a pardon in their home country’ (Maclean’s, September 4, 2013).
478. waiver of tort n. Giving up the right to sue for damages for a tort in favour of some other remedy, e.g. a restitution action for money that the tortfeasor has made from the tort.
The company alleges the defendants caused delays, overcharged and misused its resources and is seeking damages. ‘Finally, there are claims of conspiracy, unjust enrichment and waiver of tort against all defendants,’ the reasons for judgement stated(Journal of Commerce, March 2, 2017).
479. war n. The legal state of affairs that exists when states use force to vindicate rights or settle disputes between themselves.
The Saudis and the Iranians — regional rivals who are backing opposing sides in Syria, and fighting another proxy war in Yemen—were both at the table (Maclean’s, November 18, 2015).
480. war crime n. During wartime, a violation of the laws of war.
A former Sri Lankan general accused of war crimes by human rights groups has left Brazil, where until recently he was his country’s ambassador to six nations in South America, an embassy official said Tuesday (The Washington Post, August 29, 2017).
481. waiver of immunity n. A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, making it possible for his or her testimony to be used against him or her in future proceedings.
In cases where a UN staff member is alleged to have committed a criminal offence, governments are required to ask the body to decide whether to waive immunity, its spokeswoman Marie Okabe said. ‘In the present case, the United Nations has not received any request for the waiver of the staff member’s immunity,’ Ms. Okabe said (The Irish Times, August 5, 2013).
482. ward of the court n. A person under the age of 18 when he/she violates a criminal law or ordinance.
There was no precedent in New Zealand. My advice was that the parents’ views were not the last word; the lawyers should go to court, ensure that the child was separately represented by a lawyer, and that the only question for the court was what was in the child’s best interests. The advice was followed. The child was made a ward of court, was cared for and lived on (The Guardian, July 23, 2017).
483. warranty n. A promise by the insured, breach of which will entitle the insurer to treat the contract as discharged by breach.
The suit is the first product liability action against the marijuana industry, according to the Los Angeles Times. Flores and Larrabee didn’t suffer any known health problems from the pot, but they say the marijuana would have cost less if the pesticide use had been disclosed. The suit claims a violation of the implied warranty of merchantability (ABA Journal, October 9, 2015).
484. weapon n. An instrument used or designed to be used to threaten, injure or kill someone.
Local police departments will soon have access to grenade launchers, high-caliber weapons and other surplus U.S. military gear after President Donald Trump signed an order Monday reviving a Pentagon program that civil rights groups say inflames tensions between officers and their communities (Lincoln Journal Star, September 1, 2017).
485. will n. A document by which a person appoints executors to administer his estate after his death, and directs the manner in which it is to be distributed to the beneficiaries he specifies.
According to the will filed in probate court dated Nov. 4, 2013, and signed by Herbert R. Kent, Stanford is designated the ‘executor’ of the estate (Chicago Sun-Times, June 8, 2017).
486. workers’ compensation n. A system of benefits provided by employers to employees who are injured on the job.
Rauner promised to veto the tax measure because Democrats who control the General Assembly have not agreed to resolve his pet issues, including statewide property-tax relief, cost reductions in workers’ compensation and benefits for state-employee pensions, and an easier process for dissolving or eliminating local governments (The Washington Post, July 4, 2017).
487. with prejudice adv.Describes a claim or action that has been dismissed and that may not be brought again as a new action.
With prejudice of this sort rife it is scarcely surprising that Govanhill Law Centre concludes the Roma are frequently – and worse, routinely – subject to unequal and unlawful treatment. Private prejudice is ugly enough but the public brand is uglier still (The Scotsman, May 20, 2013).
488. without prejudice adv. With no legal rights affected; describes a claim or action that may be brought as a new action after dismissal.
Former Mississippi coach Houston Nutt’s civil lawsuit against the school and its athletics foundation has been dismissed by a federal judge. The lawsuit was dismissed by U.S. District Judge Neal B. Biggers Jr. without prejudice, meaning it can be refiled. In the one-page filing, Biggers wrote: ‘Defendants argue that jurisdiction is lacking because both the University of Mississippi and the Board of Trustees for Institutions of Higher Learning are arms of the state of Mississippi and, consequently, are not ‘citizens’ of any state for purposes of diversity jurisdiction (Arkansas Democrat Gazette, August 10, 2017).
489. without recourse adj. Having no further rights or possible remedies.
It is a long standing and fundamental principle of UK law that parties should be encouraged to settle disputes, without recourse to litigation. For that reason, the courts have strongly supported the use of the ‘without prejudice’ rule which, when it applies, can prevent a party from disclosing to the court evidence of certain admissions against the interest of the party who made them and who did so in a genuine attempt to reach an agreement (The Scotsman, May 9, 2013).
490. World Intellectual Property Organization n. An agency of the
United Nations that promotes creative activity and the protection of intellectual property.
China is also leading the global innovation race. Of the 2.9 million patent applications worldwide in 2015, about 1 million of them came from China. In comparison, 526,000 applications came from the U.S., according to data released by the World Intellectual Property Organization (NBC News, December 4, 2016).
491. World Trade Organization n. An international organization that regulates trade among nations.
Although trade between the two countries had been liberalized when China entered the world trade organization in 2001, trade in rice remained off the table. An agreement to allow exports has been in the making for nearly a decade, with talks launched by George W. Bush, continued under Barack Obama and ultimately concluded under President Donald Trump (Arkansas Democrat Gazette, August 4, 2017).
492. working day n. For banking and financial purposes, any day other than Saturday, Sunday, and bank holidays.
He said the law required the register to be finished and published six working days before the poll, with a further five days in which new entrants on the register can be challenged, when there are just 14 working days before the vote (ChronicleLive, June 8, 2016).
493. writ n. An order issued by a court in the sovereign’s name that directs some act or forebearance.
Solicitors acting on behalf of Alastair Cameron, the director of Scotland in Union, have served a writ after the former SNP MP failed to respond to a written request for a ‘full, public and sincere apology’ and an agreed charitable donation (The Scotsman, March 25, 2016).
494. wrongful death n. A statutory offense or tort for death caused by a wrongful act or negligence for which an action can be brought on behalf of the dead person’s beneficiaries.
Such a lawsuit is permitted by Utah’s wrongful death and survival action statutes, the state supreme court said, upholding a February 2015 decision by the state appeals court. The suit is not barred by the ‘absurdity doctrine,’ the supreme court said, because lawmakers could have reasonably intended to allow a person acting as an heir or personal representative to sue himself or herself for negligence (ABA Journal, November 1, 2016).
X
495. xenodochy n. Reception of stranger.
The world needs more xenodochy. And more words. My husband and I agree on the first point, and argue the second when we’ve nothing else to bicker about – which is most of the time(NBC News, April 30, 2016).
Y
496. year-and-a-day rule n. A common law rule, discarded by some jurisdictions, requiring that death occur within one year and one day of some wrongful act for that act to be considered murder.
Lawyers who learned about the year-and-a-day rule in law school have a new case to ponder: the prosecution of William J. Barnes, who served 20 years in prison for shooting and paralyzing a Philadelphia police officer in 1996 (ABA Journal, September 19, 2013).
497. yellow dog contract n. An employment contract that threatens to fire an employee if he or she joins a labor union, prohibited under most laws and unenforceable in court.
Unemployment in Bogota has been running at around 25 per cent, which, according to Mr. Benedict, gave the company leverage to apply the yellow dog contracts, or in other words force workers to renounce rights to organize in return for higher wages (The New York Times, December 26, 2013).
498. youthful offender n. A criminal who is older than a juvenile but still young, usually between the ages of 18 and 25, who might receive special consideration at sentencing to maximize chances of rehabilitation.
Kibble was founded in 1859 from a charitable bequest left in the will of Miss Elizabeth Kibble to ‘found and endow in Paisley an institution for the purpose of reclaiming youthful offenders against the laws’ (Daily Record, October 26, 2013).
Z
499. zone n. An area with a particular characteristic or assigned use.
During a hearing on Thursday, U.S. District Court Judge James Gwin said that a 3.3-mile square zone around the site of the convention, in which protests and demonstrations were to be prohibited, was unconstitutional (The Atlantic, June 23, 2016).
500. zoning n. The act or condition of dividing a town or city into zones.
Prior to 2006, the estate fell within the catchment area for Tollbrae Primary. The council agreed to honour free transport for those pupils attending Tollbrae at the time of the zoning but that agreement has now ended (Daily Record, August 21, 2013).
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18. ANZ Banking Group, 2015
19. Arkansas Democrat Gazette, 2015 ‒2017.
20. BBC News, 2013 ‒ 2017.
21. Bloomberg Businessweek, 2015 ‒ 2017.
22. Canadian Lawyer, 2013 ‒ 2017.
23. Chicago Sun Times, 2015.
24. Chicago Tribune, 2016 ‒ 2017.
25. ChronicleLive, 2013 ‒ 2017.
26. Citizen Slant, 2017.
27. CNBC, 2016.
28. CNN Transcripts, 2014 ‒ 2017.
29. Crime Magazine, 2013 ‒ 2017.
30. Daily Commercial News, 2017.
31. Daily Record, 2013 ‒2017.
32. Deccan Herald, 2014 ‒2017.
33. Deseret News, 2013 ‒ 2017.
34. DNA, 2015 ‒ 2017
35. Entrepreneur, 2015 ‒ 2017.
36. Forbes, 2016 ‒ 2017.
37. Fox News, 2016 ‒ 2017.
38. Greeley Tribune, 2017.
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44. Journal of Commerce, 2013 ‒ 2017.
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52. New Republic, 2013 ‒ 2014.
53. New Straits Times, 2017. 54. Newsweek, 2013 ‒ 2017.
55. Nieman Journalism Lab, 2013 ‒ 2016.
56. Ottawa Citizen, 2017.
57. Pensacola News Journal, 2015 ‒ 2016.
58. Providence Business News, 2014 ‒ 2017.
59. Regina Leader Post, 2017.
60. San Antonio Express-News, 2015.
61. San Francisco Chronicle, 2013 ‒2017.
62. Security Management, 2013 ‒2017.
63. Slate, 2014 ‒ 2017.
64. Sun-Sentinel, 2015 ‒ 2017.
65. The Age (Australia), 2017.
66. The Associated Press, 2013 ‒ 2015.
67. The Atlantic, 2013 ‒ 2017.
68. The Australian, 2014 ‒ 2017.
69. The Boston Globe, 2016 ‒ 2017.
70. The Conversation, 2014 ‒ 2016.
71. The Courier Mail, 2017.
72. The Dallas Morning News, 2015 ‒ 2017.
73. The Economic Times, 2017.
74. The Economist, 2013 ‒ 2016.
75. The Federalist Society, 2014 ‒ 2017.
76. The Guardian, 2013 ‒ 2017.
77. The Hamilton Spectator, 2015 ‒2017.
78. The Herald, 2013 ‒ 2017.
79. The Independent, 2013 ‒ 2017.
80. The Inquirer, 2013 ‒ 2017.
81. The Irish Times, 2014 ‒ 2017.
82. The Mercury News, 2017.
83. The Mirror, 2014 ‒ 2017.
84. The National Post, 2014 ‒ 2017.
85. The New York Times, 2013 ‒ 2017.
86. The New Zealand Herald, 2014 ‒ 2017.
87. The Observer, 2015.
88. The Philadelphia Inquirer, 2016 ‒ 2017.
89. The Plymouth Herald, 2017. 90. The Scotsman, 2013 ‒ 2016.
91. The Southland Times, 2013 ‒ 2017.
92. The Telegraph, 2013 ‒ 2017.
93. The Toronto Star, 2013 ‒ 2017.
94. The Tribune, 2015 ‒ 2017.
95. The Vancouver Sun, 2013.
96. The Village Voice, 2013 ‒ 2017.
97. The Washington Post, 2013 ‒ 2017.
98. The Washington Times, 2013 ‒ 2017.
99. The Weekend Australian, 2013 ‒ 2017. 100. USA Today, 2013 ‒ 2017.
101. Valley News, 2016 ‒ 2017.
102. Waikato Times, 2016 ‒ 2017.
103. Washingtonian, 2016.
Навчальне видання
ТЛУМАЧНИЙ СЛОВНИК
ЮРИДИЧНИХ ТЕРМІНІВ
СУЧАСНОЇ АНГЛІЙСЬКОЇ МОВИ
Редактор, оригінал-макет – А.В. Самотуга
Підп. до друку 16.01.2019. Формат 60х84/16. Друк трафаретний. Папір офісний.
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