An exemption that a person (individual or corporate) enjoys from the normal
operation of the law such as a legal duty or liability, either criminal or
civil. For example,
enjoy "diplomatic immunity" which means that they cannot be prosecuted for
crimes committed during their tenure as
Another example of an immunity is where a witness agrees to testify only if the
testimony cannot be used at some later date during a hearing against the
Legal rights which are intangible such as copyrights or patents.
An incorporeal right which is attached to
property and which is inheritable.
profits ` prendre are examples of incorporeal hereditaments as are
hereditary titles such as those common in the United Kingdom.
A right or title in property that cannot be made void, defeated or canceled
by any past event, error or omission in the title. For example, certificates of
title issued under a
titles system is said to be "indefeasible" because the government warrants
that no interest burdens the title other than those on the certificate. This
makes long and expensive title searches unnecessary.
An offence which, in Canada, is more serious than those which can proceed by
summary conviction. This is the Canadian equivalent to the USA "felony". Murder
and treason are examples of crimes committed in Canada which would be indictable
offences. These crimes are usually tried by federally-appointed judges and carry
USA: a formal accusation returned by a Grand Jury, that charges a person
with a serious crime. It is on the basis of an indictment that an accused person
must stand trial.
Murder of an infant soon after its birth.
A court order that prohibits a party from doing something (restrictive
injunction) or compels them to do something (mandatory injunction).
Latin: at the beginning or on the threshold. A motion "in limine" is a
motion that is tabled by one of the parties at the very beginning of the legal
In pari delicto
Latin: both parties are equally at fault. Actually, the usual use of this
phrase is "in pari delicto, potior est conditio possidentis" which means
that where both parties in a dispute are equally at wrong, the person in
possession of the contested property will retain it (i.e. the law will not
Latin: All legal rights are either in personam or
in rem. An in personam right is a personal right attached to a
specific person. In rem rights are property rights and enforceable
against the entire world.
Latin: All legal rights are either in personam
or in rem. In rem rights are proprietary in nature; related to the
ownership of property and not based on any personal relationship, as is the case
with in personam rights.
A person not able to pay his or her debts as they become due. "Insolvency"
is a prerequisite to
Latin: "among other things", "for example" or "including". Legal drafters
would use it to precede a list of examples or samples covered by a more general
descriptive statement. Sometimes they use an inter alia list to make
absolutely sure that users of the document understand that the general
description covers a certain element (which was covered in the general
description anyway) without, in any way, restricting the scope of the general
element to include other things that were not singled out in the inter alia
A temporary court order; intended to be of limited duration, usually just
until the court has had an opportunity of hearing the full case and make a final
An addition of something to a document after it has been signed. Such
additions are ignored unless they are initialed by the signatories and, if
applicable, witnesses (e.g. wills).
Proceedings taken during the course of, and incidental to a trial. Examples
include procedures or applications made which are to assist a case in preparing
its case or of executing judgment once obtained (eg. garnishment or judicial
sale). These decisions intervene after the start of a suit and decide some issue
other than the final decision itself.
An injunction which lasts only until the end of the
trial during which the injunction was sought.
A person who, without legal right, runs a business (eg. without mandatory
licenses), or who wrongfully interferes or intercepts another's business.
A combination of treaties and customs which regulates the conduct of
themselves. The highest judicial authority of international law is the
International Court of Justice
and the administrative authority is the United Nations.
Latin: between parties.
Dying without a will.
Latin: from one living person to another living person. For example, an
inter vivos trust is one which the
up to take effect while he or she is still alive. It can be contrasted with the
testamentary trust, which is to take effect only upon the
death. Another example is the sale of a
which can only occur between persons living; i.e. inter vivos.
To take effect, to result; to come into operation.
The law according to the Muslim faith and as interpreted from the Koran.
Islamic law is probably best known for deterrent punishment, which is the basis
of the Islamic criminal system and the fact that there is no separation of
church and state. Under Islamic law, the religion of Islam and the government
are one. Islamic law is controlled, ruled and regulated by the Islamic religion.
Islamic law purports to regulate all public and private behavior including
personal hygiene, diet, sexual conduct, and child rearing. Islamic law now
prevails in countries all over the middle east and elsewhere covering twenty per
cent of the world's population. |