Name the Crime 1
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THE BOX BELOW gives the names of twenty-two crimes. The list gives the definition of the same crimes. Match the crimes to their definitions. The first one has been done for you: the crime of assault is “acting in such a way as to make someone believe he or she will be hurt”.
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arson – assassination – assault – bigamy – blackmail – bribery – burglary – embezzlement – espionage – extortion – forgery – fraud – libel – manslaughter – murder – perjury – piracy – robbery – slander – smuggling – theft – treason
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1. __assault__acting in such a way as to make someone believe he or she will be hurt.
2. __________betraying your country to a foreign power.
3. __________copying patented inventions or copyrighted works.
4. __________entering a building illegally and stealing things.
5. __________ getting money from people by threatening to publicize facts they do not want revealed.
6. __________getting money from people by using threats.
7. __________getting property or money from people by making them believe untrue things.
8. __________ going through a ceremony of marriage when you are still married to someone else.
9.___________killing a public figure illegally and intentionally.
10.__________killing someone illegally and intentionally.
11. __________killing someone unintentionally or in mitigating circumstances.
12. _________ making an illegal copy of a banknote or document.
13. _________offering money corruptly to get someone to do something to help you.
14. _________ saying something which damages someone’s character.
15. _________ setting fire to a building.
16. _________ stealing something by using force or threatening to use force.
17. _________ stealing, taking property which belongs to someone else.
18. _________taking goods illegally into or out of a country.
19. _________ telling lies when you have sworn an oath to say what is true in court.
20. _________trying to find out secrets by illegal means.
21. _________using illegally or stealing money which you are looking after for someone else.
22. _________writing, publishing or broadcasting a statement which damages someone’s character.
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Extensions. Work with a partner and test each other. One person turns the page over, the other asks questions. “What do you call the crime of acting in such a way as to make someone believe he or she will be hurt” “Define’ treason’.”
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ANSWERS:
1. assault – 2. treason – 3. piracy – 4. burglary – 5. blackmail – 6. extortion – 7. fraud – 8. bigamy – 9. assassination – 10. murder - 11. manslaughter - 12. forgery – 13. bribery – 14. slander – 15. arson – 16. robbery – 17. theft – 18. smuggling – 19. perjury - 20. espionage – 21. embezzlement - 22. libel
sexta-feira, 30 de janeiro de 2009
Check your vocabulary for Law – Opposites 2
Opposites 2
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THE WORDS BELOW are all from the world of Law. Match them into pairs with opposites meanings and write them in the table. The first one has been done for you as an example: guilty and innocent are opposites.
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accidental - acquit – borrow – bring forward – cancel – civil – confess – confirm – convict – criminal – defense – defendant – defer – deliberate – deny – guilty – imprison – innocent – landlord – lend – plaintiff – prosecution – release – tenant
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1.__________________
2.__________________
3.__________________
4.__________________
5.__________________
6.__________________
7.__________________
8.__________________
9.__________________
10._________________
11._________________
12._________________
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Exercise 2. Complete these twelve sentences. Use one Word from each pair of opposites. The first one has been done for you as an example.
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1. He was found ___guilty___ and sentenced to two years in prison
2. There was insufficient evidence for the court to __________ her.
3. As the accused was seriously ill, the judge decided to _________ the trial until the 23rd.
4. The _________ says he cannot pay the amount the court has awarded.
5. According to the terms of the contract, if the __________ doesn’t pay the rent for two months he can be evicted.
6. The police were accused of using torture to make suspects _____________.
7. Before you _________ such a large amount of money, are you sure you can repay it?
8. He brought a ___________ action against the company, claiming that the accident had been caused by a manufacturing fault in the automobile.
9. He has served twelve years in prison and the authorities will _________ him tomorrow.
10. The ___________ case is that the accused could not have committed these crimes as he was in Glasgow on the day in question.
11. I’m afraid I’ll have to ___________ our meeting on the 16th – I have to go to Berlin on that day to see a client.
12. The question is this: when he left the gun in the room was it a __________ plan or a moment of carelessness?
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Extension: Work with a partner and test each other with questions like: “What’s the opposite of guilty?”
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ANSWERS:
accidental / deliberate
acquit / convict
borrow / lend
bring forward / defer
cancel / confirm
civil / criminal
confess / deny
defense / prosecution
defendant / plaintiff
guilty / innocent
imprison / release
landlord / tenant
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Exercise 2
1. guilty – 2. convict – 3. defer – 4. defendant – 5. tenant – 6. confess – 7. borrow – 8. civil – 9. release - 10. defense – 11. cancel – 12. deliberate
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THE WORDS BELOW are all from the world of Law. Match them into pairs with opposites meanings and write them in the table. The first one has been done for you as an example: guilty and innocent are opposites.
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accidental - acquit – borrow – bring forward – cancel – civil – confess – confirm – convict – criminal – defense – defendant – defer – deliberate – deny – guilty – imprison – innocent – landlord – lend – plaintiff – prosecution – release – tenant
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1.__________________
2.__________________
3.__________________
4.__________________
5.__________________
6.__________________
7.__________________
8.__________________
9.__________________
10._________________
11._________________
12._________________
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Exercise 2. Complete these twelve sentences. Use one Word from each pair of opposites. The first one has been done for you as an example.
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1. He was found ___guilty___ and sentenced to two years in prison
2. There was insufficient evidence for the court to __________ her.
3. As the accused was seriously ill, the judge decided to _________ the trial until the 23rd.
4. The _________ says he cannot pay the amount the court has awarded.
5. According to the terms of the contract, if the __________ doesn’t pay the rent for two months he can be evicted.
6. The police were accused of using torture to make suspects _____________.
7. Before you _________ such a large amount of money, are you sure you can repay it?
8. He brought a ___________ action against the company, claiming that the accident had been caused by a manufacturing fault in the automobile.
9. He has served twelve years in prison and the authorities will _________ him tomorrow.
10. The ___________ case is that the accused could not have committed these crimes as he was in Glasgow on the day in question.
11. I’m afraid I’ll have to ___________ our meeting on the 16th – I have to go to Berlin on that day to see a client.
12. The question is this: when he left the gun in the room was it a __________ plan or a moment of carelessness?
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Extension: Work with a partner and test each other with questions like: “What’s the opposite of guilty?”
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ANSWERS:
accidental / deliberate
acquit / convict
borrow / lend
bring forward / defer
cancel / confirm
civil / criminal
confess / deny
defense / prosecution
defendant / plaintiff
guilty / innocent
imprison / release
landlord / tenant
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Exercise 2
1. guilty – 2. convict – 3. defer – 4. defendant – 5. tenant – 6. confess – 7. borrow – 8. civil – 9. release - 10. defense – 11. cancel – 12. deliberate
Check your vocabulary for Law - Legal Adverbs
Legal adverbs
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THERE ARE ADVERBS which are typical of legal documents. In fact, some of them are only used in legal documents. They are used to refer clearly to specific times and places in and around documents. Most are formed using here and there.
Here means this document – the one you are reading
There means that document – the one which is being discussed, not the one you are reading.
Some adverbs with here and there are listed below. Match them to the correct definitions.
Here
1. hereafter
2. hereby
3. herein
4. hereinafter
5. hereof
6. hereto
7. heretofore
8. hereunder
9. herewith
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a. accompanying this document
b. appearing somewhere in this document
c. following this document
d. in the future – from the production of this document on
e. listed later in this document
f. mentioned in this same section of this document
g. previous to the production of this document
h. relating to this document or part of it
i. resulting from this document
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There
1. thereafter
2. thereby
3. therefore
4. therein
5. thereinafter
6. thereinbefore
7. thereinunder
8. thereof
9. thereto
10. theretofore
11. therewith
THERE ARE ADVERBS which are typical of legal documents. In fact, some of them are only used in legal documents. They are used to refer clearly to specific times and places in and around documents. Most are formed using here and there.
Here means this document – the one you are reading
There means that document – the one which is being discussed, not the one you are reading.
Some adverbs with here and there are listed below. Match them to the correct definitions.
Here
1. hereafter
2. hereby
3. herein
4. hereinafter
5. hereof
6. hereto
7. heretofore
8. hereunder
9. herewith
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a. accompanying this document
b. appearing somewhere in this document
c. following this document
d. in the future – from the production of this document on
e. listed later in this document
f. mentioned in this same section of this document
g. previous to the production of this document
h. relating to this document or part of it
i. resulting from this document
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There
1. thereafter
2. thereby
3. therefore
4. therein
5. thereinafter
6. thereinbefore
7. thereinunder
8. thereof
9. thereto
10. theretofore
11. therewith
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a. accompanying that document
b. appearing somewhere in that document
c. following that document
d. for that reason or purpose
e. from the production of that document until now
f. in the time before that document was produced
g. listed later in that document
h. mentioned in that section of that document
i. mentioned previously in that document
j. relating to that document
k. resulting from that document or decision
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ANSWERS:
HERE
1-d, 2 – i, 3 – b, 4 – e, 5 – h, 6 – c, 7 – g, 8 – f, 9 – a
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THERE
1 – e, 2 – k, 3 – d, 4 – b, 5 – g, 6 – i, 7 – h, 8 – j, 9 – c, 10 – f, 11 - a
a. accompanying that document
b. appearing somewhere in that document
c. following that document
d. for that reason or purpose
e. from the production of that document until now
f. in the time before that document was produced
g. listed later in that document
h. mentioned in that section of that document
i. mentioned previously in that document
j. relating to that document
k. resulting from that document or decision
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ANSWERS:
HERE
1-d, 2 – i, 3 – b, 4 – e, 5 – h, 6 – c, 7 – g, 8 – f, 9 – a
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THERE
1 – e, 2 – k, 3 – d, 4 – b, 5 – g, 6 – i, 7 – h, 8 – j, 9 – c, 10 – f, 11 - a
Check your vocabulary for Law - Legal Crossword 1
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Legal Crossword 1
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Across
1. To mention or write about something. “We _________ to your letter of May 26th” (5)
5. To take something which is being offered – to say yes (6)
8. The place where a trial is held (5)
9. Wrong done to someone (4)
10. Separate into sections. “The two companies ________ the market between them” (7)
12. One hour, two weeks, half past two… (4)
13. To encourage someone to commit a crime – “To aid and ________” (4)
15. Twelve people who must decide (4)
16. People who succeed to an inheritance ________
18. _______ after/by/for/from/in.. (5)
19. Older than eighteen (5)
21. To be against something. “ The police have decided to _____ your application for bail” (6)
23. Decide the value – “I _______ this company as being worth £ 1 bn.” (7)
25. Opposite of yes (2)
26. John married my mother after her divorce: he’s my _______-father (4)
28. Before second (5)
30. Independent nation – say clearly (5)
31. Innocent (3,6)
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Down
1. Placing on an official list – “ ________ of a trademark” (12)
2. An exact copy of a document – possibly electronically transmitted (9)
3. Unfair, inexact, approximate: “This is a case of ______ justice” (5)
4. A person who brings a lawsuit against another (8)
5. Opposite of convict: “, the jury decided to _______ the defendant because there was insufficient evidence” (6)
6. To reduce suddenly – “We are going to _______ all our prices by 25%” (3)
7. Latin expression meaning “by itself” (3,2)
10. The person accused of the crime – the person who is sued (9)
11. Twenty-four hours (3)
14. The number of years a person has been alive (3)
15. Decides (5)
17. Mistake (5)
20. Not to win (3)
22. “That’s an interesting ________, but I don’t agree with your argument” (5)
24. To take something which is not yours (5)
27. To ask – very formally (4)
28. Money paid for a service (3)
29. To manage – “ After my father dies I’ll _________ the company” (3)
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quinta-feira, 29 de janeiro de 2009
Legal terms - Letter A
A
abandonment n. 1. The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius (a thing belonging to no one), and a person taking possession of it therefore acquires a lawful title. An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge. However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse. In marine insurance, abandonment is the surrender of all rights to a ship or cargo in a case of *constructive total loss. The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss. 2. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal. Any claim is now considered to be abandoned once a *notice of discontinuance is served, according to rule 38(1) of the *Civil Procedure Rules. 3. The offence of a parent or guardian leaving a child under the age of 16 to its fate. A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment.
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abduction n. The offence of taking an unmarried girl under the age of 16 from the possession of her parents or guardians against their will. It is no defence that the girl looked and acted as if she was over 16 or that she was a willing party. No sexual motive has to be proved. It is also an offence to abduct an unmarried girl under the age of 18 or a mentally defective woman (married or unmarried) for the purpose of unlawful sexual intercourse. In this case a defendant can plead that he had reasonable grounds for believing that the girl was over 18, or that he did not know the woman was mentally defective, respectively. It is also an offence to abduct any woman with the intention that she should marry or have unlawful sexual intercourse with someone, if it is done by force or for the sake of her property. It is also an offence for a parent or guardian of a child under 16 to take or send him out of the UKwithout the consent of the other parent or guardians. Belief that the other person has or would have consented is a defence. It is also an offence for any other person to remove or keep such a child, without lawful authority or reasonable excuse, from the person with lawful control of him. Proof of belief that the child was 16 is a defence here. See also KIDNAPPING.
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abet vb. See AID AND ABET.
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abortion n. The termination of a pregnancy: a miscarriage or the premature expulsion of a foetus from the womb before the normal period of gestation is complete. It is an offence to induce or attempt to induce an abortion unless the terms of the Abortion Act 1967 and the Abortion Regulations 1991 are complied with. The pregnancy can only be terminated by a registered medical practitioner, and two registered medical practitioners must agree that it is necessary, for example because (1) continuation of the pregnancy would involve a risk to the life or physical or mental health of the pregnant woman (or of other children of hers) that is greater than the risk of terminating the pregnancy, or (2)that there is a substantial risk that the child will be born with a serious physical or mental handicap. However, doctors are not obliged to perform abortions if they can prove that they have a conscientious objection to so doing. A husband cannot prevent his wife having a legal abortion if she so wishes. Compare CHILD DESTRUCTION.
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absconding n. The failure of a person to surrender to the custody of a court in order to avoid legal proceedings. See also SURRENDER TO CUSTODY.
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absence n. (in court procedure) The nonappearance of a party to litigation or a person summoned to attend as a witness.
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absent-mindedness n. See AUTOMATISM.
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absent parent See NONRESIDENT PARENT; CHILD SUPPORT MAINTENANCE.
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absolute assignment See ASSIGNMENT. absolute discharge See DISCHARGE.
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absolute right A right set out in the European Convention on Human Rights that cannot be interfered with lawfully, no matter how important the public interest in doing so might be. Absolute rights include *freedom of thought, conscience, and religion and the prohibitions on *torture, *inhuman treatment or punishment, and *degrading treatment or punishment. Compare QUALIFIED RIGHT.
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absolute title Ownership of a *legal estate in registered land with a guarantee by the state that no one has a better right to that estate. An absolute title to freehold land is equivalent to an estate in fee simple in possession in unregistered land. Absolute leasehold title, unlike *good leasehold title, guarantees that the lessor has title to grant the lease. (Compare POSSESSORY TITLE; QUALIFIED TITLE.) The title may be subject to (1) *encumbrances and other entries noted on the register by means of substantive registration (e.g.a registered legal charge or land charge); (2)minor interests, such as that of a beneficiary under a trust, which may be protected by means of "entry" on the register rather than by substantive registration; and (3) *overriding interests (which by their nature do not appear on the register and must be ascertained by search and enquiry). See also LAND REGISTRATION.
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abstracting electricity The *arrestable offence, punishable with up to five years' imprisonment and/or a fine, of dishonestly using, wasting, or diverting electricity. This offence may be committed by someone who bypasses his electricity meter or reconnects a disconnected meter or who unlawfully obtains a free telephone call
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(though there is a more specific and potentially less serious offence to deal with this). Bypassing a gas or water meter could constitute *theft of the gas or water. Joyriding in a lift (or some similar abuse) might also constitute wasting electricity. Computer hackers were formerly charged with offences of abstracting electricity until the Computer Misuse Act 1990made *hacking a specific criminal offence.
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abstraction of water The taking of water from a river or other source of supply. It normally requires a water authority licence but there are exceptions; for example when less than 1000 gallons are taken, when the water is for domestic or agricultural use (excluding spray irrigation), or when it is removed in the course of fire-fighting or land drainage. It has been held not to include gravitational loss from a canal replacing water drawn from a connecting outfall channel.
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accessory n. One who is a party to a crime that is actually committed by someone else. An accessory is one who either successfully incites someone to commit a crime (counsels or procures) or helps him to do so (*aids and abets). The accessory is subject to the same punishments and orders as the principal (see alsoCOMMON DESIGN). It is an offence to assist a person whom one knows has committed an arrestable offence with the intention of impeding his apprehension or prosecution.
See also IMPEDING APPREHENSION OR PROSECUTION.
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accessory liability If a stranger knowingly and dishonestly assists a trustee in a breach of trust he will be liable as an accessory. He will not usually have received any trust assets; however, in assisting in the breach he will be personally liable to account to the trust for any losses arising from his actions.
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accident n. See FATAL ACCIDENTS; MISTAKE; ROAD TRAFFIC ACCIDENTS.
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accommodation bill A bill of exchange accepted by an accommodation party, i.e. a person who signs without receiving value and for the purpose of lending his name (i.e. his credit) to someone else. An accommodation party is liable on the bill to a *holder for value.
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accomplice n. One who is a party to a crime, either as a *principal or as an *accessory. See alsoCORROBORATION.
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accord and satisfaction The purchase by one party to a contract of a release from his obligations under it when the other party has already performed his side of the bargain. A release of this one-sided nature constitutes a unilateral discharge of the contract; unless granted by deed, it can at common law be effected only by purchase, i.e.by a fresh agreement (accord) for which new consideration (satisfaction) is given. If, for example, A is due to pay £1000 on a particular date to B for contractual services rendered, B might agree to accept £900 paid on an earlier date, the earlier payment constituting satisfaction. Compare BILATERAL account of profits A remedy that a claimant can claim as an alternative to damages in certain circumstances, e.g. in an action for breach of *copyright. A successful claimant is entitled to a sum equal to the monetary gain the defendant has made through wronging the claimant.
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accounts pl. n. A statement of a company's financial position. All registered companies must present accounts (in the form prescribed by the Companies Act 1985) annually at a *general meeting. These consist of a *balance sheet and a *profitand-loss account with *group accounts (if appropriate) attached. They are accompanied by a directors' report and an auditor's report. All limited companies must deliver copies of their accounts to the *Companies Registry (where they are open to public inspection) but companies that are classified (on the basis of turnover, balance sheet total, and number of members) as "small" or "medium-sized" enjoy certain exemptions. Members are entitled to be sent copies of the accounts. See also ELECTIVE RESOLUTION; SUMMARY FINANCIAL STATEMENT.
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accretion n. The process by which new land formations are legally assimilated to old by a change in the flow of a water channel. In contrast to *avulsion, this process involves a very slow, near imperceptible, natural action of water and other elements. It would include, for example, the natural diversion of a boundary river leaving an island, sandbank, or dry land where it previously flowed, the formation of islands at a river mouth, and additions to a delta by the deposit of sand and soil upon the shoreline. Accretion will allow the beneficiary state to legitimately claim title to the new land so created. See alsoTHALWEG, RULE OF THE.
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accumulation n. The continual addition of the income of a fund to the capital, so that the fund grows indefinitely. Before the Accumulation Act 1800 accumulation was permitted for the length of the perpetuity period (i.e. lives in being plus 21 years: see RULE AGAINST PERPETUITIES). The periods for which accumulation is now permitted are shorter; they are listed in the Law of Property Act 1925 and the Perpetuities and Accumulations Act 1964 and include a period of 21 years from the date of the disposition, the period of the life of the settlor, and the duration of the minority of any person mentioned in the disposition. Income is often directed to be accumulated if (for example) the beneficiary is a minor, or the interest in his favour is protected or contingent, or if the terms of a trust are discretionary.
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accusatorial procedure (adversary procedure) A system of criminal justice in which conclusions as to liability are reached by the process of prosecution and defence. It is the primary duty of the prosecutor and defence to press their respective viewpoints within the constraints of the rules of evidence while the judge acts as an impartial umpire, who allows the facts to emerge from this procedure. Common-law systems usually adopt an accusatorial procedure. See also BURDEN OF PROOF. Compare INQUISITORIAL PROCEDURE. DISCHARGE. See also (PROMISSORY) ESTOPPEL.
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acknowledgment and undertaking Confirmation in a *title deed that a person may see and have copies of relevant deeds not in his possession (acknowledgment), with a promise from the holder of them to keep them safely (undertaking). Thus when part of an owner's land is sold, he keeps his deeds to the whole but in the conveyance gives this acknowledgment and undertaking to the purchaser, who can then prove his title to the part from copies of the earlier deeds and by calling for production of the originals. In the majority of cases the vendor gives the purchaser all title documents relating solely to the land conveyed, and an acknowledgment and undertaking is only necessary when this does not happen. Note that personal representatives and fiduciary owners will normally give only an acknowledgment, no undertaking. Breach of an undertaking gives rise to an action in damages.
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acknowledgment of service A response by a defendant to a claim. A defendant who intends to contest proceedings brought against him by a claimant must respond to the claim by filing an acknowledgment of service and/or by filing a *defence. Acknowledgments of service are used if the defendant is unable to file a defence within the required time or if the defendant intends to dispute the jurisdiction of the court, By acknowledging service a defendant is given an extra 14 days for filing the defence. In effect this means that the defendant has a 28-day period after service of the claim before the defence must be served. Once the defendant has returned the relevant section of the acknowledgment of service form, the court must notify the claimant in writing.
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ACP states The African, Caribbean, and Pacific states that are associated with the
European Union through the Convention. This convention, which was signed at (Togo)in 1975, provides for cooperation in matters of commerce between ACP states and EU states, including access to the EU market for products from the ACPcountries. The Convention also provides for cooperation in industrial and financial matters.
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acquiescence n. Express or implied *consent. In law, care must be taken to distinguish between mere knowledge of a situation and positive consent to it. For example, in the defence of *volenti non fit injuria an injured party will not be regarded as having consented to a risk simply because he knew that the risk existed.
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acquired rights See RELEVANT TRANSFER.
acquis communautaire [French] The body of *Community legislation by which all EU member states are bound.
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acquittal n. A decision by a court that a defendant accused of a crime is innocent. A court must acquit a defendant following a verdict of *not guilty or a successful plea of *autrefois acquit or *autrefois convict. Once acquitted, a defendant cannot be retried for the same crime on fresh evidence, but an acquittal in a criminal court does not bind civil courts (for example, in relation to a libel charge against someone alleging the defendant's guilt).
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active trust (special trust) A trust that imposes duties on the trustee other than that of merely handing over the trust property to the person entitled to it (compare BARE TRUST). These duties may impose a specific obligation on the trustee or confer a discretion on him.
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act of God An event due to natural causes (storms, earthquakes, floods, etc.) so exceptionally severe that no-one could reasonably be expected to anticipate or guard against it. See FORCE MAJEURE.
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Act of Parliament (statute) A document that sets out legal rules and has (normally) been passed by both Houses of *Parliament in the form of a *Bill and agreed to by the Crown (see ROYAL ASSENT). Under the Parliament Acts 1911 and 1949, however, passing of public Bills by the House of Lords can be dispensed with, except in the case of Bills to extend the duration of Parliament or to confirm provisional orders. Subject to these exceptions, the Lords can delay Bills passed by the House of Commons; it cannot block them completely. If the Commons pass a money Bill (for example, one giving effect to the Budget) and the Lords do not pass it unaltered within one month, it may be submitted direct for the royal assent. Any other Bill may receive the royal assent without being passed by the Lords if the Commons pass it in two consecutive sessions and at least one year elapses between its second reading in the first session and its third reading in the second.
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Every modern Act of Parliament begins with a long title, which summarizes its aims, and ends with a short title, by which it may be cited in any other document. The short title includes the calendar year in which the Act receives the royal assent (e.g. The Competition Act 1998). An alternative method of citation is by the calendar year together with the Chapter number allotted to the Act on receiving the assent or, in the case of an Act earlier than 1963,by its regnal year or years and Chapter number. Regnal years are numbered from the date of a sovereign's accession to the throne, and an Act is attributed to the year or years covering the session in which it receives the royal assent. (See alsoENACTING WORDS.) An Act comes into force on the date of royal assent unless it specifies a different date or provides for the date to be fixed by ministerial order.
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Acts of Parliament are classified by the Queen's Printer as public general Acts, local Acts, and personal Acts. Public general Acts include all Acts (except those confirming provisional orders) introduced into Parliament as public Bills. Local Acts comprise all Acts introduced as private Bills and confined in operation to a particular area, together with Acts confirming provisional orders. Personal Acts are Acts introduced as private Bills and applying to private individuals or estates. Acts are alternatively classified as public Acts or private Acts according to their status in courts of law. A public Act is judicially noticed (i.e. accepted by the courts as a matter of general knowledge). A private Act is not, and must be expressly pleaded by the person relying on it. All Acts since 1850 are public unless they specifically provide otherwise. The printed version of an Act, rather than the version set out on the HMSOwebsite, is the authentic text, although there are current proposals (2001) to alter this rule under the Electronic Communications Act 2000.
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actus reus [Latin: a guilty act] The essential element of a crime that must be proved to secure a conviction, as opposed to the mental state of the accused (see MENS REA). Inmost cases the actusreuswill simply be an act (e.g. appropriation of property is the act of theft) accompanied by specified circumstances (e.g.that the property belongs to another). Sometimes, however, it may be an *omission to act (e.g. failure to prevent death may be the actus reus of manslaughter) or it may include a specified consequence (death resulting within a year being the consequence required for the actusreusof murder or manslaughter). In certain cases the actus reus may simply be a state of affairs rather than an act (e.g. being unfit to drive through drink or drugs when in charge of a motor vehicle on a road).
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actus reus non tacit reum nisi mens sit rea [Latin: an act does not make a person guilty of his crime unless his mind be also guilty] The maxim that forms the basis for defining the two elements that must be proved before a person can be convicted of a crime (see ACTUS REUS; MENS REA).
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ad colligenda bona [Latin] To collect the goods. The court may grant *letters of administration ad colligenda bonato any person to deal with specified property in an estate when that property might be endangered by delay. For example, if part of the estate consists of perishable goods the court may grant administration ad colligenda bona to any suitable person to allow him to sell or otherwise deal with those goods for the benefit of the estate. This is a limited grant only and ceases on the issue of a full grant of representation to the persons entitled to deal with the whole estate. In one case, such a grant was issued to the Official Solicitor on an application by the Inland Revenue when the executors of the deceased's will delayed applying for probate.
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additional voluntary contribution (AVq An additional payment that may be made by an employee to a pension scheme in order to increase the benefits available from their pension fund on retirement. AVCs can be paid into an employer's scheme or into a scheme of the employee's choice (a free-standing AVe); they can be made free of tax within Inland Revenue limits (see PENSION).
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address for service The address, which a party to court proceedings gives to the court and/or the other party, to which all the formal documents relating to the proceedings should be delivered. Notices delivered at that address (which may be, for example, the address of his solicitors) are binding on the party concerned.
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ademption n. The cancellation or reduction of a specific *legacy because the subject matter of the gift is no longer part of the testator's estate at his death, or the testator no longer has power to dispose of it, or there is nothing conforming to the description of it in the will. For example, if the will bequeaths a particular house that the testator sold during his lifetime, or if after making a will giving a legacy to his child the testator gives the child property constituting a *portion, the legacy is in each case adeemed. The gift of the house is cancelled and the child's legacy is reduced by the amount of the portion (see also SATISFACTION). Ademption need not occur by the testator's own deed; for example, an Act of Parliament that nationalized a company in which the testator had shares would cause a legacy of those shares to adeem.
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ad idem [Latin: towards the same] Indicates that the parties to a transaction are in agreement. See CONSENSUS AD IDEM.
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ADIZ See AIR DEFENCE IDENTIFICATION ZONE.
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adjective law The part of the law that deals with practice and procedure in the courts. Compare SUBSTANTIVE LAW.
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adjournment n. (in court procedure) The postponement or suspension of the hearing of a case until a future date. The hearing may be adjourned to a fixed date or sinedie (without day), i.e. for an indefinite period. If an adjournment is granted at the request of a party the court may attach conditions, e.g. relating to the payment of any *costs thrown away.
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adjudication n. 1. The formal judgment or decision of a court or tribunal. 2. A decision by the Commissioners of Inland Revenue as to the amount (if any) of *stamp duty payable on a written document.
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adjudication order Formerly, a court order that made a debtor bankrupt. See BANKRUPTCY ORDER.
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adjustment n. 1. The determination of the amount due under a policy of insurance. 2. The working out by an average adjuster of the rights and liabilities arising in a case of general *average.
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ad litem [Latin] For the suit. A grant adlitem is the appointment by a court of a person to act on behalf of an estate in court proceedings, when the estate's proper representatives are unable or unwilling to act. For example, the Official Solicitor may be appointed administrator ad litem when a person wishes to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (see FAMILY PROVISION) but the personal representatives are not willing to act, or nobody is entitled to a grant, or the only person entitled to a grant is the litigant himself. A guardian ad litem is the former name for a *children's guardian.
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admissibility of evidence The principles determining whether or not particular items of evidence may be received by the court. The central principle of admissibility is *relevance. All irrelevant evidence is inadmissible, but evidence that is legally relevant may also be inadmissible if it falls within the scope of one of the *exclusionary rules of evidence. See also CONDITIONAL ADMISSIBILITY; MULTIPLE ADMISSIBILITY.
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admissibility of records In civil cases documents containing information (records) are admissible as evidence of the facts stated in them. Before the introduction of the Civil Evidence Act 1995, such documents and records were admissible only if they came within an exception to the rules prohibiting the use of hearsay evidence. Since 1995 the hearsay rules in civil cases have been abolished and accordingly these records are admissible. In criminal cases the hearsay rules in relation to business documents have been relaxed, although not completely abolished, by the Criminal Justice Act 1988.Under these provisions, such records are admissible if they have been compiled by someone acting in the course of a duty to do so.
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admonition n. A reprimand from a judge to a defendant who has been discharged from the further prosecution of an offence.
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advocacy qualification A qualification authorizing a person to act as an *advocate under the provisions of the Courts and Legal Services Act 1990. There are separate qualifications for different levels of the court system, but the rights of those already entitled to appear as advocates at any level of the system at the time when the Act came into force are preserved.
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advocate n. 1. One who exercises a *right of audience and argues a case for a client in legal proceedings. In magistrates' courts and the county courts both *barristers and *solicitors have the right to appear as advocates. In most Crown Court centres, the High Court, the Court of Appeal, and the House of Lords barristers have exclusive rights of audience. However, the provisions of the Courts and Legal Services Act 1990allows solicitors with appropriate experience to qualify for rights of audience similar to those of barristers and acquire *advocacy qualifications for the Crown Court, High Court, and Supreme Court. In many tribunals there are no rules concerning representation, and laymen may appear as advocates. Advocates no longer enjoy immunity from law suits for negligence in relation to civil or criminal litigation. 2. In Scotland, a member of the Faculty of Advocates, the professional organization of the Scots Bar.
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Advocate General An assistant to the judge of the *European Court of Justice whose function is to assist the court by presenting opinions upon every case brought before it. The Advocate General acts as an *amicuscuriaein putting forward arguments based upon his own view of the interests of the European Union, although it is not open to any of the parties to the legal action to submit observations on his opinion.
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advowson n. A right of presenting a clergyman to an ecclesiastical living. The advowson is an incorporeal *hereditament that gives the owner (or patron) the right to nominate the next holder of a living that has fallen vacant. It may exist in gross (i.e. independently of any ownership of land by the person entitled) or may be appendent (i.e. annexed to land so that it may be enjoyed by each owner for the time being). The right is usually associated with the lordship of a manor. aequitas est quasi aequalitas See EQUALITY IS EQUITY.
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affidavit n. A sworn written statement used mainly to support certain applications and, in some circumstances, as evidence in court proceedings. The person who makes the affidavit must swear or *affirm that the contents are true before a person authorized to take oaths in respect of the particular kind of affidavit. See also ARGUMENTATIVE AFFIDAVIT.
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afiliation order Formerly, an order of a magistrates' court against a man alleged to be the father of an illegitimate child, obliging him to make payments towards the upkeep of the child. Affiliation proceedings have been abolished by the Family Law Reform Act 1987 and financial provision for illegitimate and legitimate children is now the same (see CHILD SUPPORT MAINTENANCE).
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amendment n. 1. Changes made to legislation, for the purpose of adding to, correcting, or modifying the operation of the legislation. 2. Changes made to the *statement of case used in civil litigation. Changes in the parties' knowledge of the case as it proceeds may require alterations in the claim form, defence, or other documents. For example, an amendment will be necessary in order to add the name of a second defendant to the claim. On occasion, errors need to be corrected. The Civil Procedure Rules make clear that amendments may be allowed (1) with the consent of all parties, (2)with the permission of the court, or (3)in the absence of consent and without the court's permission, provided the amendment is made before the claim is served. The court may impose the penalty of costs on the party seeking the amendment if this has been made necessary by negligence. Not every minor development in the litigation, however, needs to be reflected in an amendment, only those changes that will have a real effect on the litigation. 3. An alteration of a *treaty adopted by the consent of the *high contracting parties and intended to be binding upon all parties. An amendment may involve either individual provisions or a complete review of the treaty. a mensa et thoro [Latin] From board and bed. A decree of divorce a mensa et thoro was the forerunner of the modern judicial separation order. See also AVINCULO
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annual general meeting (AGM) Ameeting of company members required by the Companies Act 1985 to be held each calendar year. Not more than 15 months should elapse between meetings, and 21 days' written notice (specifying the meeting as the annual general meeting) must usually be given. AGMs are concerned with the accounts, directors' and auditor's reports, dividends, the election of directors, and the appointment and remuneration of the auditor. Other matters are treated as *special business. See alsoELECTIVE RESOLUTION; GENERAL MEETING.
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annual return A document that registered companies are required by law to send to the *Companies Registry, usually each year. It includes information concerning the type of company and its business activities, the registered office, directors, company members, and certain company debts. It is open to public inspection. Failure to file the return is a criminal offence and may lead to the company being removed from the register and fined. See REGISTRATION OF A COMPANY.
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annual value of land The annual rent that might reasonably be expected from letting land or buildings, if the tenant pays all usual rates and taxes while other expenses (including repairs) are borne by the landlord. It is used in assessing *rates. The Inland Revenue carries out the valuation.
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annuity n. A sum of money payable annually for as long as the beneficiary (annuitant) lives, or for some other specified period (e.g.the life of another person (pur autre vie) or the minority of the annuitant). An annuity left by will is treated as a pecuniary legacy. An annuity may be charged on, or directed to be paid out of, a particular fund or it may be unsecured. Ajoint annuity, in which money is payable to more than one annuitant, terminates on the death of the last survivor. See also RENTCHARGE.
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annulment n. 1.A declaration by the court that a marriage was never legally valid. In all cases of nullity except nonconsummation, a decree of annulment will only be granted within three years after the celebration of the marriage. See also NULLITY OF MARRIAGE. 2. The cancellation by a court of a *bankruptcy order, which occurs when it considers that the debtor was wrongly made bankrupt, when all the debts have been paid in full, or when the court approves a *voluntary arrangement. The power of annulment is discretionary. Annulment does not affect the validity of any sale of property or other action that has already taken place as a result of the bankruptcy order. 3. The cancellation of *delegated legislation by resolution of either House of Parliament. 4. The setting aside of legislation or other action by the *European Court of Justice.
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appointed day The date specified in an Act of Parliament (or in a commencement order) for its coming into force.
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appointee n. 1.A person in whose favour a *power of appointment is exercised. 2. A person selected for a particular purpose.
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appointment n. See POWER OF APPOINTMENT.
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appointor n. A person given a *power of appointment to exercise.
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approbate and reprobate To accept and reject. A person is not allowed to accept the benefit of a document (e.g.a deed of gift) but reject any liabilities attached to it.
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arraign vb. To begin a criminal *trial on indictment by calling the defendant to the bar of the court by name, reading the indictment to him, and asking him whether he is guilty or not. The defendant then pleads to the indictment, and this completes the arraignment.
arrangement n. 1. (in commercial and company law) See DEED OF ARRANGEMENT; SCHEME OF ARRANGEMENT; VOLUNTARY ARRANGEMENT. 2. (in international law) See TREATY.
array n. See CHALLENGE TO JURY.
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arrest n. The apprehension of a person suspected of criminal activities. Most arrests are made by police officers, although anybody may, under prescribed conditions. effect an arrest. In some cases the constable must have a *warrant of arrest signed by a magistrate, which must be shown to the accused (though not necessarily at the time of arrest). However, a warrant is not required for *arrestable offences. Further, a constable who reasonably suspects that a nonarrestable offence has been or is being committed may arrest the suspect if (1) he thinks that service of a *summons is impracticable or inappropriate because a "general arrest condition" is satisfied (for example, if he reasonably believes that arrest is necessary to prevent the suspect causing injury) or (2) he has specific statutory power to make the arrest without warrant (e.g. for *drunken driving or *soliciting) or common-law power (see BREACH OF THE PEACE). When an arrest is made, the accused must be told that he is being arrested and given the ground for his arrest. A policeman has power to search the person he is arresting for any property that may be used in evidence against him. Anyone making or assisting in an arrest may use as much force as reasonable in the circumstances. Resisting lawful arrest may involve the crime of *assault or *obstructing a police officer. A person who believes he has been wrongfully arrested may petition for *habeas corpus and may sue the person who arrested him for *false imprisonment. See also BAIL; CAUTION; DETENTION; REMAND.
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arrestable offence An offence for which there is a fixed mandatory penalty or which carries a sentence of at least five years' imprisonment (e.g. theft). There are also some crimes that are specified to be arrestable offences even though they do not fulfil the usual conditions. For example, taking someone else's motor car for temporary use is arrestable even though it carries a maximum of only three years' imprisonment. Inciting, attempting, or conspiring to commit, or being an accessory to, an arrestable offence is also an arrestable offence. All other crimes are termed nonarrestable offences. Anyone may lawfully *arrest, without a *warrant, a person who is in the act of committing an arrestable offence or whom he reasonably suspects to be in the act of committing it. If an arrestable offence has been committed, anyone may subsequently arrest, without warrant, a person who is, or whom he reasonably suspects is, guilty of the offence. A constable who reasonably suspects that an arrestable offence has been committed may arrest anyone he reasonably suspects to be guilty of it. He may also arrest someone who is about to commit (or whom he reasonably suspects is about to commit) such an offence. A police officer may also enter and search any place he suspects is harbouring a person who may be arrested for an arrestable offence. There are also special offences of *impeding apprehension or prosecution of persons guilty of an arrestable offence or concealing (for gain) information relating to such offences.
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arson n. The intentional or reckless destruction or damaging of property by fire without a lawful excuse. There are two forms of arson corresponding to the two forms of *criminal damage in the Criminal Damage Act 1971. Arson carries a maximum sentence of life imprisonment.
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Article 234 Reference A provision of the Treaty of Rome entitling national courts to refer matters of EU law to the European Court of Justice for a determination. The case ultimately returns to the national court for a final judgment. Such a procedure is known as a "234 reference". Article 234 (formerly 177) is a provision of the Treaty that empowers the Court of Justice to decide such issues as how the Treaty of Rome should be interpreted and whether or not the European Commission or other bodies have acted properly.
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articles of association Regulations for the management of registered companies (see TABLE A). They form, together with the provisions of the *memorandum of association, the company's constitution.
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artificial insemination See HUMAN ASSISTED REPRODUCTION. artificial person See JURISTIC PERSON.
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ascertained goods See UNASCERTAINED GOODS.
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assault n. An intentional or reckless act that causes someone to be put in fear of immediate physical harm. Actual physical contact is not necessary to constitute an assault (for example, pointing a gun at someone is an assault), but the word is often loosely used to include both threatening acts and physical violence (see BATTERY).
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Words alone cannot constitute an assault. Assault is a form of *trespass to the person and a crime as well as a tort: an ordinary (or common) assault, as described above, is a *summary offence punishable by a *fine at level 5 on the standard scale and/or up to six months' imprisonment. Certain kinds of more serious assault are known as aggravated assaults and carry stricter penalties. Examples of these are assault with intent to resist lawful arrest (two years), assault occasioning *actual bodily harm (five years), and assault with intent to rob (life imprisonment). See also AFFRAY; INDECENT ASSAULT.
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Assembly of the European Communities See EUROPEAN PARLIAMENT.
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Assets Physical property and/or rights that have a monetary value and arecapable of being those of a *juristic person or a natural person (i.e. a human being). They can comprise real assets (real property) and personal assets (personal property). In respect of a juristic person, such as a corporation, assets include fixed or capital assets (those identified as being held and used on a continuing basis in the business activity, e.g. machinery) and current or circulating assets (those not intended to be used on a continuing basis in the business activity but realized in the course of trading). In respect of a natural person who is deceased, assets comprise all real and personal property that forms part of the deceased's estate and is available for the payment of the deceased's debts and liabilities. See also FAMILY ASSETS; WASTING ASSETS.
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assignee n. See ASSIGNMENT.
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assured shorthold tenancy A special kind of *assured tenancy at the end of which the landlord is entitled to recover possession without having to show one of the usual grounds for possession of an assured tenancy. This kind of tenancy was introduced by the Housing Act 1988,replacing protected shorthold tenancies. Under the 1988 Act the landlord was obliged to give the tenant notice before the grant of the tenancy that it was an assured shorthold tenancy. However, under the Housing Act 1996,from 28 February 1997the requirement for the landlord to serve a notice is removed, and all new tenancies are automatically assured shortholds unless otherwise agreed. If a landlord wants to give the tenant security under an assured tenancy, this must be specifically created; if this is not done, the tenancy is an assured shorthold without *security of tenure. A tenant can apply to a rent assessment committee if he thinks the rent of the tenancy is excessive. The committee can fix a new rent if they think that the rent is significantly higher than that of other assured tenancies in the area. However, government regulations may restrict this right in certain areas or in certain circumstances.
The landlord may obtain possession at any time when he would have been entitled to do so contractually, by giving two months' notice and specifying that the tenancy is an assured shorthold tenancy. No order for possession may be made in the first six months of the tenancy.
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attempt n. (in criminal law) Any act that is more than merely preparatory to the intended commission of a crime; this act is itself a crime. For example, shooting at someone but missing could be attempted murder, but merely buying a revolver would not. One may be guilty of attempting to commit a crime that proves impossible to commit (e.g. attempted theft from an empty handbag).
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Attorney General (AG) The principal law officer of the Crown. The Attorney General is usually a Member of Parliament of the ruling party and holds ministerial office, although he is not normally a member of the Cabinet. He is the chief legal adviser of the government, answers questions relating to legal matters in the House of Commons, and is politically responsible for the *Crown Prosecution Service, *Director of Public Prosecutions, *Treasury Solicitor, and *Serious Fraud Office. He is the leader of the English Bar and presides at its general meetings. The consent of the Attorney General is required for bringing certain criminal actions, principally ones relating to offences against the state and public order and corruption. The Attorney General sometimes appears in court as an *advocate in cases of exceptional public interest, but he is not now allowed to engage in private practice. He has the right to terminate any criminal proceedings by entering a *nolle prosequi. See also SOLICITOR GENERAL.
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avoidance of disposition order An order by the High Court preventing or setting aside a transaction by a husband or wife that was made to defeat his (or her) spouse's claim to financial provision. A transaction, such as a gift, made within three years before the application is presumed to have been made in order to defeat the spouse's claim if its effect would be to defeat her claim. But a sale of property to a purchaser in good faith will not be set aside.
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avulsion n. A sudden and violent shift in the course of a river that leaves the old riverbed dry. This could be caused by such natural forces as floods, tidal waves, or hurricanes. The alteration of territory by this means does not affect the title to territory; thus new claims by a state that would appear to benefit from the rapid geological change would be disbarred. Compare ACCRETION.
abandonment n. 1. The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius (a thing belonging to no one), and a person taking possession of it therefore acquires a lawful title. An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge. However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse. In marine insurance, abandonment is the surrender of all rights to a ship or cargo in a case of *constructive total loss. The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss. 2. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal. Any claim is now considered to be abandoned once a *notice of discontinuance is served, according to rule 38(1) of the *Civil Procedure Rules. 3. The offence of a parent or guardian leaving a child under the age of 16 to its fate. A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment.
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abduction n. The offence of taking an unmarried girl under the age of 16 from the possession of her parents or guardians against their will. It is no defence that the girl looked and acted as if she was over 16 or that she was a willing party. No sexual motive has to be proved. It is also an offence to abduct an unmarried girl under the age of 18 or a mentally defective woman (married or unmarried) for the purpose of unlawful sexual intercourse. In this case a defendant can plead that he had reasonable grounds for believing that the girl was over 18, or that he did not know the woman was mentally defective, respectively. It is also an offence to abduct any woman with the intention that she should marry or have unlawful sexual intercourse with someone, if it is done by force or for the sake of her property. It is also an offence for a parent or guardian of a child under 16 to take or send him out of the UKwithout the consent of the other parent or guardians. Belief that the other person has or would have consented is a defence. It is also an offence for any other person to remove or keep such a child, without lawful authority or reasonable excuse, from the person with lawful control of him. Proof of belief that the child was 16 is a defence here. See also KIDNAPPING.
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abet vb. See AID AND ABET.
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abortion n. The termination of a pregnancy: a miscarriage or the premature expulsion of a foetus from the womb before the normal period of gestation is complete. It is an offence to induce or attempt to induce an abortion unless the terms of the Abortion Act 1967 and the Abortion Regulations 1991 are complied with. The pregnancy can only be terminated by a registered medical practitioner, and two registered medical practitioners must agree that it is necessary, for example because (1) continuation of the pregnancy would involve a risk to the life or physical or mental health of the pregnant woman (or of other children of hers) that is greater than the risk of terminating the pregnancy, or (2)that there is a substantial risk that the child will be born with a serious physical or mental handicap. However, doctors are not obliged to perform abortions if they can prove that they have a conscientious objection to so doing. A husband cannot prevent his wife having a legal abortion if she so wishes. Compare CHILD DESTRUCTION.
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absconding n. The failure of a person to surrender to the custody of a court in order to avoid legal proceedings. See also SURRENDER TO CUSTODY.
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absence n. (in court procedure) The nonappearance of a party to litigation or a person summoned to attend as a witness.
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absent-mindedness n. See AUTOMATISM.
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absent parent See NONRESIDENT PARENT; CHILD SUPPORT MAINTENANCE.
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absolute assignment See ASSIGNMENT. absolute discharge See DISCHARGE.
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absolute right A right set out in the European Convention on Human Rights that cannot be interfered with lawfully, no matter how important the public interest in doing so might be. Absolute rights include *freedom of thought, conscience, and religion and the prohibitions on *torture, *inhuman treatment or punishment, and *degrading treatment or punishment. Compare QUALIFIED RIGHT.
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absolute title Ownership of a *legal estate in registered land with a guarantee by the state that no one has a better right to that estate. An absolute title to freehold land is equivalent to an estate in fee simple in possession in unregistered land. Absolute leasehold title, unlike *good leasehold title, guarantees that the lessor has title to grant the lease. (Compare POSSESSORY TITLE; QUALIFIED TITLE.) The title may be subject to (1) *encumbrances and other entries noted on the register by means of substantive registration (e.g.a registered legal charge or land charge); (2)minor interests, such as that of a beneficiary under a trust, which may be protected by means of "entry" on the register rather than by substantive registration; and (3) *overriding interests (which by their nature do not appear on the register and must be ascertained by search and enquiry). See also LAND REGISTRATION.
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abstracting electricity The *arrestable offence, punishable with up to five years' imprisonment and/or a fine, of dishonestly using, wasting, or diverting electricity. This offence may be committed by someone who bypasses his electricity meter or reconnects a disconnected meter or who unlawfully obtains a free telephone call
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(though there is a more specific and potentially less serious offence to deal with this). Bypassing a gas or water meter could constitute *theft of the gas or water. Joyriding in a lift (or some similar abuse) might also constitute wasting electricity. Computer hackers were formerly charged with offences of abstracting electricity until the Computer Misuse Act 1990made *hacking a specific criminal offence.
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abstraction of water The taking of water from a river or other source of supply. It normally requires a water authority licence but there are exceptions; for example when less than 1000 gallons are taken, when the water is for domestic or agricultural use (excluding spray irrigation), or when it is removed in the course of fire-fighting or land drainage. It has been held not to include gravitational loss from a canal replacing water drawn from a connecting outfall channel.
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accessory n. One who is a party to a crime that is actually committed by someone else. An accessory is one who either successfully incites someone to commit a crime (counsels or procures) or helps him to do so (*aids and abets). The accessory is subject to the same punishments and orders as the principal (see alsoCOMMON DESIGN). It is an offence to assist a person whom one knows has committed an arrestable offence with the intention of impeding his apprehension or prosecution.
See also IMPEDING APPREHENSION OR PROSECUTION.
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accessory liability If a stranger knowingly and dishonestly assists a trustee in a breach of trust he will be liable as an accessory. He will not usually have received any trust assets; however, in assisting in the breach he will be personally liable to account to the trust for any losses arising from his actions.
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accident n. See FATAL ACCIDENTS; MISTAKE; ROAD TRAFFIC ACCIDENTS.
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accommodation bill A bill of exchange accepted by an accommodation party, i.e. a person who signs without receiving value and for the purpose of lending his name (i.e. his credit) to someone else. An accommodation party is liable on the bill to a *holder for value.
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accomplice n. One who is a party to a crime, either as a *principal or as an *accessory. See alsoCORROBORATION.
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accord and satisfaction The purchase by one party to a contract of a release from his obligations under it when the other party has already performed his side of the bargain. A release of this one-sided nature constitutes a unilateral discharge of the contract; unless granted by deed, it can at common law be effected only by purchase, i.e.by a fresh agreement (accord) for which new consideration (satisfaction) is given. If, for example, A is due to pay £1000 on a particular date to B for contractual services rendered, B might agree to accept £900 paid on an earlier date, the earlier payment constituting satisfaction. Compare BILATERAL account of profits A remedy that a claimant can claim as an alternative to damages in certain circumstances, e.g. in an action for breach of *copyright. A successful claimant is entitled to a sum equal to the monetary gain the defendant has made through wronging the claimant.
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accounts pl. n. A statement of a company's financial position. All registered companies must present accounts (in the form prescribed by the Companies Act 1985) annually at a *general meeting. These consist of a *balance sheet and a *profitand-loss account with *group accounts (if appropriate) attached. They are accompanied by a directors' report and an auditor's report. All limited companies must deliver copies of their accounts to the *Companies Registry (where they are open to public inspection) but companies that are classified (on the basis of turnover, balance sheet total, and number of members) as "small" or "medium-sized" enjoy certain exemptions. Members are entitled to be sent copies of the accounts. See also ELECTIVE RESOLUTION; SUMMARY FINANCIAL STATEMENT.
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accretion n. The process by which new land formations are legally assimilated to old by a change in the flow of a water channel. In contrast to *avulsion, this process involves a very slow, near imperceptible, natural action of water and other elements. It would include, for example, the natural diversion of a boundary river leaving an island, sandbank, or dry land where it previously flowed, the formation of islands at a river mouth, and additions to a delta by the deposit of sand and soil upon the shoreline. Accretion will allow the beneficiary state to legitimately claim title to the new land so created. See alsoTHALWEG, RULE OF THE.
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accumulation n. The continual addition of the income of a fund to the capital, so that the fund grows indefinitely. Before the Accumulation Act 1800 accumulation was permitted for the length of the perpetuity period (i.e. lives in being plus 21 years: see RULE AGAINST PERPETUITIES). The periods for which accumulation is now permitted are shorter; they are listed in the Law of Property Act 1925 and the Perpetuities and Accumulations Act 1964 and include a period of 21 years from the date of the disposition, the period of the life of the settlor, and the duration of the minority of any person mentioned in the disposition. Income is often directed to be accumulated if (for example) the beneficiary is a minor, or the interest in his favour is protected or contingent, or if the terms of a trust are discretionary.
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accusatorial procedure (adversary procedure) A system of criminal justice in which conclusions as to liability are reached by the process of prosecution and defence. It is the primary duty of the prosecutor and defence to press their respective viewpoints within the constraints of the rules of evidence while the judge acts as an impartial umpire, who allows the facts to emerge from this procedure. Common-law systems usually adopt an accusatorial procedure. See also BURDEN OF PROOF. Compare INQUISITORIAL PROCEDURE. DISCHARGE. See also (PROMISSORY) ESTOPPEL.
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acknowledgment and undertaking Confirmation in a *title deed that a person may see and have copies of relevant deeds not in his possession (acknowledgment), with a promise from the holder of them to keep them safely (undertaking). Thus when part of an owner's land is sold, he keeps his deeds to the whole but in the conveyance gives this acknowledgment and undertaking to the purchaser, who can then prove his title to the part from copies of the earlier deeds and by calling for production of the originals. In the majority of cases the vendor gives the purchaser all title documents relating solely to the land conveyed, and an acknowledgment and undertaking is only necessary when this does not happen. Note that personal representatives and fiduciary owners will normally give only an acknowledgment, no undertaking. Breach of an undertaking gives rise to an action in damages.
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acknowledgment of service A response by a defendant to a claim. A defendant who intends to contest proceedings brought against him by a claimant must respond to the claim by filing an acknowledgment of service and/or by filing a *defence. Acknowledgments of service are used if the defendant is unable to file a defence within the required time or if the defendant intends to dispute the jurisdiction of the court, By acknowledging service a defendant is given an extra 14 days for filing the defence. In effect this means that the defendant has a 28-day period after service of the claim before the defence must be served. Once the defendant has returned the relevant section of the acknowledgment of service form, the court must notify the claimant in writing.
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ACP states The African, Caribbean, and Pacific states that are associated with the
European Union through the Convention. This convention, which was signed at (Togo)in 1975, provides for cooperation in matters of commerce between ACP states and EU states, including access to the EU market for products from the ACPcountries. The Convention also provides for cooperation in industrial and financial matters.
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acquiescence n. Express or implied *consent. In law, care must be taken to distinguish between mere knowledge of a situation and positive consent to it. For example, in the defence of *volenti non fit injuria an injured party will not be regarded as having consented to a risk simply because he knew that the risk existed.
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acquired rights See RELEVANT TRANSFER.
acquis communautaire [French] The body of *Community legislation by which all EU member states are bound.
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acquittal n. A decision by a court that a defendant accused of a crime is innocent. A court must acquit a defendant following a verdict of *not guilty or a successful plea of *autrefois acquit or *autrefois convict. Once acquitted, a defendant cannot be retried for the same crime on fresh evidence, but an acquittal in a criminal court does not bind civil courts (for example, in relation to a libel charge against someone alleging the defendant's guilt).
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active trust (special trust) A trust that imposes duties on the trustee other than that of merely handing over the trust property to the person entitled to it (compare BARE TRUST). These duties may impose a specific obligation on the trustee or confer a discretion on him.
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act of God An event due to natural causes (storms, earthquakes, floods, etc.) so exceptionally severe that no-one could reasonably be expected to anticipate or guard against it. See FORCE MAJEURE.
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Act of Parliament (statute) A document that sets out legal rules and has (normally) been passed by both Houses of *Parliament in the form of a *Bill and agreed to by the Crown (see ROYAL ASSENT). Under the Parliament Acts 1911 and 1949, however, passing of public Bills by the House of Lords can be dispensed with, except in the case of Bills to extend the duration of Parliament or to confirm provisional orders. Subject to these exceptions, the Lords can delay Bills passed by the House of Commons; it cannot block them completely. If the Commons pass a money Bill (for example, one giving effect to the Budget) and the Lords do not pass it unaltered within one month, it may be submitted direct for the royal assent. Any other Bill may receive the royal assent without being passed by the Lords if the Commons pass it in two consecutive sessions and at least one year elapses between its second reading in the first session and its third reading in the second.
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Every modern Act of Parliament begins with a long title, which summarizes its aims, and ends with a short title, by which it may be cited in any other document. The short title includes the calendar year in which the Act receives the royal assent (e.g. The Competition Act 1998). An alternative method of citation is by the calendar year together with the Chapter number allotted to the Act on receiving the assent or, in the case of an Act earlier than 1963,by its regnal year or years and Chapter number. Regnal years are numbered from the date of a sovereign's accession to the throne, and an Act is attributed to the year or years covering the session in which it receives the royal assent. (See alsoENACTING WORDS.) An Act comes into force on the date of royal assent unless it specifies a different date or provides for the date to be fixed by ministerial order.
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Acts of Parliament are classified by the Queen's Printer as public general Acts, local Acts, and personal Acts. Public general Acts include all Acts (except those confirming provisional orders) introduced into Parliament as public Bills. Local Acts comprise all Acts introduced as private Bills and confined in operation to a particular area, together with Acts confirming provisional orders. Personal Acts are Acts introduced as private Bills and applying to private individuals or estates. Acts are alternatively classified as public Acts or private Acts according to their status in courts of law. A public Act is judicially noticed (i.e. accepted by the courts as a matter of general knowledge). A private Act is not, and must be expressly pleaded by the person relying on it. All Acts since 1850 are public unless they specifically provide otherwise. The printed version of an Act, rather than the version set out on the HMSOwebsite, is the authentic text, although there are current proposals (2001) to alter this rule under the Electronic Communications Act 2000.
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actus reus [Latin: a guilty act] The essential element of a crime that must be proved to secure a conviction, as opposed to the mental state of the accused (see MENS REA). Inmost cases the actusreuswill simply be an act (e.g. appropriation of property is the act of theft) accompanied by specified circumstances (e.g.that the property belongs to another). Sometimes, however, it may be an *omission to act (e.g. failure to prevent death may be the actus reus of manslaughter) or it may include a specified consequence (death resulting within a year being the consequence required for the actusreusof murder or manslaughter). In certain cases the actus reus may simply be a state of affairs rather than an act (e.g. being unfit to drive through drink or drugs when in charge of a motor vehicle on a road).
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actus reus non tacit reum nisi mens sit rea [Latin: an act does not make a person guilty of his crime unless his mind be also guilty] The maxim that forms the basis for defining the two elements that must be proved before a person can be convicted of a crime (see ACTUS REUS; MENS REA).
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ad colligenda bona [Latin] To collect the goods. The court may grant *letters of administration ad colligenda bonato any person to deal with specified property in an estate when that property might be endangered by delay. For example, if part of the estate consists of perishable goods the court may grant administration ad colligenda bona to any suitable person to allow him to sell or otherwise deal with those goods for the benefit of the estate. This is a limited grant only and ceases on the issue of a full grant of representation to the persons entitled to deal with the whole estate. In one case, such a grant was issued to the Official Solicitor on an application by the Inland Revenue when the executors of the deceased's will delayed applying for probate.
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additional voluntary contribution (AVq An additional payment that may be made by an employee to a pension scheme in order to increase the benefits available from their pension fund on retirement. AVCs can be paid into an employer's scheme or into a scheme of the employee's choice (a free-standing AVe); they can be made free of tax within Inland Revenue limits (see PENSION).
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address for service The address, which a party to court proceedings gives to the court and/or the other party, to which all the formal documents relating to the proceedings should be delivered. Notices delivered at that address (which may be, for example, the address of his solicitors) are binding on the party concerned.
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ademption n. The cancellation or reduction of a specific *legacy because the subject matter of the gift is no longer part of the testator's estate at his death, or the testator no longer has power to dispose of it, or there is nothing conforming to the description of it in the will. For example, if the will bequeaths a particular house that the testator sold during his lifetime, or if after making a will giving a legacy to his child the testator gives the child property constituting a *portion, the legacy is in each case adeemed. The gift of the house is cancelled and the child's legacy is reduced by the amount of the portion (see also SATISFACTION). Ademption need not occur by the testator's own deed; for example, an Act of Parliament that nationalized a company in which the testator had shares would cause a legacy of those shares to adeem.
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ad idem [Latin: towards the same] Indicates that the parties to a transaction are in agreement. See CONSENSUS AD IDEM.
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ADIZ See AIR DEFENCE IDENTIFICATION ZONE.
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adjective law The part of the law that deals with practice and procedure in the courts. Compare SUBSTANTIVE LAW.
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adjournment n. (in court procedure) The postponement or suspension of the hearing of a case until a future date. The hearing may be adjourned to a fixed date or sinedie (without day), i.e. for an indefinite period. If an adjournment is granted at the request of a party the court may attach conditions, e.g. relating to the payment of any *costs thrown away.
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adjudication n. 1. The formal judgment or decision of a court or tribunal. 2. A decision by the Commissioners of Inland Revenue as to the amount (if any) of *stamp duty payable on a written document.
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adjudication order Formerly, a court order that made a debtor bankrupt. See BANKRUPTCY ORDER.
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adjustment n. 1. The determination of the amount due under a policy of insurance. 2. The working out by an average adjuster of the rights and liabilities arising in a case of general *average.
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ad litem [Latin] For the suit. A grant adlitem is the appointment by a court of a person to act on behalf of an estate in court proceedings, when the estate's proper representatives are unable or unwilling to act. For example, the Official Solicitor may be appointed administrator ad litem when a person wishes to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (see FAMILY PROVISION) but the personal representatives are not willing to act, or nobody is entitled to a grant, or the only person entitled to a grant is the litigant himself. A guardian ad litem is the former name for a *children's guardian.
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admissibility of evidence The principles determining whether or not particular items of evidence may be received by the court. The central principle of admissibility is *relevance. All irrelevant evidence is inadmissible, but evidence that is legally relevant may also be inadmissible if it falls within the scope of one of the *exclusionary rules of evidence. See also CONDITIONAL ADMISSIBILITY; MULTIPLE ADMISSIBILITY.
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admissibility of records In civil cases documents containing information (records) are admissible as evidence of the facts stated in them. Before the introduction of the Civil Evidence Act 1995, such documents and records were admissible only if they came within an exception to the rules prohibiting the use of hearsay evidence. Since 1995 the hearsay rules in civil cases have been abolished and accordingly these records are admissible. In criminal cases the hearsay rules in relation to business documents have been relaxed, although not completely abolished, by the Criminal Justice Act 1988.Under these provisions, such records are admissible if they have been compiled by someone acting in the course of a duty to do so.
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admonition n. A reprimand from a judge to a defendant who has been discharged from the further prosecution of an offence.
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advocacy qualification A qualification authorizing a person to act as an *advocate under the provisions of the Courts and Legal Services Act 1990. There are separate qualifications for different levels of the court system, but the rights of those already entitled to appear as advocates at any level of the system at the time when the Act came into force are preserved.
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advocate n. 1. One who exercises a *right of audience and argues a case for a client in legal proceedings. In magistrates' courts and the county courts both *barristers and *solicitors have the right to appear as advocates. In most Crown Court centres, the High Court, the Court of Appeal, and the House of Lords barristers have exclusive rights of audience. However, the provisions of the Courts and Legal Services Act 1990allows solicitors with appropriate experience to qualify for rights of audience similar to those of barristers and acquire *advocacy qualifications for the Crown Court, High Court, and Supreme Court. In many tribunals there are no rules concerning representation, and laymen may appear as advocates. Advocates no longer enjoy immunity from law suits for negligence in relation to civil or criminal litigation. 2. In Scotland, a member of the Faculty of Advocates, the professional organization of the Scots Bar.
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Advocate General An assistant to the judge of the *European Court of Justice whose function is to assist the court by presenting opinions upon every case brought before it. The Advocate General acts as an *amicuscuriaein putting forward arguments based upon his own view of the interests of the European Union, although it is not open to any of the parties to the legal action to submit observations on his opinion.
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advowson n. A right of presenting a clergyman to an ecclesiastical living. The advowson is an incorporeal *hereditament that gives the owner (or patron) the right to nominate the next holder of a living that has fallen vacant. It may exist in gross (i.e. independently of any ownership of land by the person entitled) or may be appendent (i.e. annexed to land so that it may be enjoyed by each owner for the time being). The right is usually associated with the lordship of a manor. aequitas est quasi aequalitas See EQUALITY IS EQUITY.
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affidavit n. A sworn written statement used mainly to support certain applications and, in some circumstances, as evidence in court proceedings. The person who makes the affidavit must swear or *affirm that the contents are true before a person authorized to take oaths in respect of the particular kind of affidavit. See also ARGUMENTATIVE AFFIDAVIT.
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afiliation order Formerly, an order of a magistrates' court against a man alleged to be the father of an illegitimate child, obliging him to make payments towards the upkeep of the child. Affiliation proceedings have been abolished by the Family Law Reform Act 1987 and financial provision for illegitimate and legitimate children is now the same (see CHILD SUPPORT MAINTENANCE).
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amendment n. 1. Changes made to legislation, for the purpose of adding to, correcting, or modifying the operation of the legislation. 2. Changes made to the *statement of case used in civil litigation. Changes in the parties' knowledge of the case as it proceeds may require alterations in the claim form, defence, or other documents. For example, an amendment will be necessary in order to add the name of a second defendant to the claim. On occasion, errors need to be corrected. The Civil Procedure Rules make clear that amendments may be allowed (1) with the consent of all parties, (2)with the permission of the court, or (3)in the absence of consent and without the court's permission, provided the amendment is made before the claim is served. The court may impose the penalty of costs on the party seeking the amendment if this has been made necessary by negligence. Not every minor development in the litigation, however, needs to be reflected in an amendment, only those changes that will have a real effect on the litigation. 3. An alteration of a *treaty adopted by the consent of the *high contracting parties and intended to be binding upon all parties. An amendment may involve either individual provisions or a complete review of the treaty. a mensa et thoro [Latin] From board and bed. A decree of divorce a mensa et thoro was the forerunner of the modern judicial separation order. See also AVINCULO
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annual general meeting (AGM) Ameeting of company members required by the Companies Act 1985 to be held each calendar year. Not more than 15 months should elapse between meetings, and 21 days' written notice (specifying the meeting as the annual general meeting) must usually be given. AGMs are concerned with the accounts, directors' and auditor's reports, dividends, the election of directors, and the appointment and remuneration of the auditor. Other matters are treated as *special business. See alsoELECTIVE RESOLUTION; GENERAL MEETING.
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annual return A document that registered companies are required by law to send to the *Companies Registry, usually each year. It includes information concerning the type of company and its business activities, the registered office, directors, company members, and certain company debts. It is open to public inspection. Failure to file the return is a criminal offence and may lead to the company being removed from the register and fined. See REGISTRATION OF A COMPANY.
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annual value of land The annual rent that might reasonably be expected from letting land or buildings, if the tenant pays all usual rates and taxes while other expenses (including repairs) are borne by the landlord. It is used in assessing *rates. The Inland Revenue carries out the valuation.
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annuity n. A sum of money payable annually for as long as the beneficiary (annuitant) lives, or for some other specified period (e.g.the life of another person (pur autre vie) or the minority of the annuitant). An annuity left by will is treated as a pecuniary legacy. An annuity may be charged on, or directed to be paid out of, a particular fund or it may be unsecured. Ajoint annuity, in which money is payable to more than one annuitant, terminates on the death of the last survivor. See also RENTCHARGE.
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annulment n. 1.A declaration by the court that a marriage was never legally valid. In all cases of nullity except nonconsummation, a decree of annulment will only be granted within three years after the celebration of the marriage. See also NULLITY OF MARRIAGE. 2. The cancellation by a court of a *bankruptcy order, which occurs when it considers that the debtor was wrongly made bankrupt, when all the debts have been paid in full, or when the court approves a *voluntary arrangement. The power of annulment is discretionary. Annulment does not affect the validity of any sale of property or other action that has already taken place as a result of the bankruptcy order. 3. The cancellation of *delegated legislation by resolution of either House of Parliament. 4. The setting aside of legislation or other action by the *European Court of Justice.
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appointed day The date specified in an Act of Parliament (or in a commencement order) for its coming into force.
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appointee n. 1.A person in whose favour a *power of appointment is exercised. 2. A person selected for a particular purpose.
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appointment n. See POWER OF APPOINTMENT.
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appointor n. A person given a *power of appointment to exercise.
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approbate and reprobate To accept and reject. A person is not allowed to accept the benefit of a document (e.g.a deed of gift) but reject any liabilities attached to it.
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arraign vb. To begin a criminal *trial on indictment by calling the defendant to the bar of the court by name, reading the indictment to him, and asking him whether he is guilty or not. The defendant then pleads to the indictment, and this completes the arraignment.
arrangement n. 1. (in commercial and company law) See DEED OF ARRANGEMENT; SCHEME OF ARRANGEMENT; VOLUNTARY ARRANGEMENT. 2. (in international law) See TREATY.
array n. See CHALLENGE TO JURY.
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arrest n. The apprehension of a person suspected of criminal activities. Most arrests are made by police officers, although anybody may, under prescribed conditions. effect an arrest. In some cases the constable must have a *warrant of arrest signed by a magistrate, which must be shown to the accused (though not necessarily at the time of arrest). However, a warrant is not required for *arrestable offences. Further, a constable who reasonably suspects that a nonarrestable offence has been or is being committed may arrest the suspect if (1) he thinks that service of a *summons is impracticable or inappropriate because a "general arrest condition" is satisfied (for example, if he reasonably believes that arrest is necessary to prevent the suspect causing injury) or (2) he has specific statutory power to make the arrest without warrant (e.g. for *drunken driving or *soliciting) or common-law power (see BREACH OF THE PEACE). When an arrest is made, the accused must be told that he is being arrested and given the ground for his arrest. A policeman has power to search the person he is arresting for any property that may be used in evidence against him. Anyone making or assisting in an arrest may use as much force as reasonable in the circumstances. Resisting lawful arrest may involve the crime of *assault or *obstructing a police officer. A person who believes he has been wrongfully arrested may petition for *habeas corpus and may sue the person who arrested him for *false imprisonment. See also BAIL; CAUTION; DETENTION; REMAND.
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arrestable offence An offence for which there is a fixed mandatory penalty or which carries a sentence of at least five years' imprisonment (e.g. theft). There are also some crimes that are specified to be arrestable offences even though they do not fulfil the usual conditions. For example, taking someone else's motor car for temporary use is arrestable even though it carries a maximum of only three years' imprisonment. Inciting, attempting, or conspiring to commit, or being an accessory to, an arrestable offence is also an arrestable offence. All other crimes are termed nonarrestable offences. Anyone may lawfully *arrest, without a *warrant, a person who is in the act of committing an arrestable offence or whom he reasonably suspects to be in the act of committing it. If an arrestable offence has been committed, anyone may subsequently arrest, without warrant, a person who is, or whom he reasonably suspects is, guilty of the offence. A constable who reasonably suspects that an arrestable offence has been committed may arrest anyone he reasonably suspects to be guilty of it. He may also arrest someone who is about to commit (or whom he reasonably suspects is about to commit) such an offence. A police officer may also enter and search any place he suspects is harbouring a person who may be arrested for an arrestable offence. There are also special offences of *impeding apprehension or prosecution of persons guilty of an arrestable offence or concealing (for gain) information relating to such offences.
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arson n. The intentional or reckless destruction or damaging of property by fire without a lawful excuse. There are two forms of arson corresponding to the two forms of *criminal damage in the Criminal Damage Act 1971. Arson carries a maximum sentence of life imprisonment.
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Article 234 Reference A provision of the Treaty of Rome entitling national courts to refer matters of EU law to the European Court of Justice for a determination. The case ultimately returns to the national court for a final judgment. Such a procedure is known as a "234 reference". Article 234 (formerly 177) is a provision of the Treaty that empowers the Court of Justice to decide such issues as how the Treaty of Rome should be interpreted and whether or not the European Commission or other bodies have acted properly.
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articles of association Regulations for the management of registered companies (see TABLE A). They form, together with the provisions of the *memorandum of association, the company's constitution.
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artificial insemination See HUMAN ASSISTED REPRODUCTION. artificial person See JURISTIC PERSON.
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ascertained goods See UNASCERTAINED GOODS.
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assault n. An intentional or reckless act that causes someone to be put in fear of immediate physical harm. Actual physical contact is not necessary to constitute an assault (for example, pointing a gun at someone is an assault), but the word is often loosely used to include both threatening acts and physical violence (see BATTERY).
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Words alone cannot constitute an assault. Assault is a form of *trespass to the person and a crime as well as a tort: an ordinary (or common) assault, as described above, is a *summary offence punishable by a *fine at level 5 on the standard scale and/or up to six months' imprisonment. Certain kinds of more serious assault are known as aggravated assaults and carry stricter penalties. Examples of these are assault with intent to resist lawful arrest (two years), assault occasioning *actual bodily harm (five years), and assault with intent to rob (life imprisonment). See also AFFRAY; INDECENT ASSAULT.
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Assembly of the European Communities See EUROPEAN PARLIAMENT.
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Assets Physical property and/or rights that have a monetary value and arecapable of being those of a *juristic person or a natural person (i.e. a human being). They can comprise real assets (real property) and personal assets (personal property). In respect of a juristic person, such as a corporation, assets include fixed or capital assets (those identified as being held and used on a continuing basis in the business activity, e.g. machinery) and current or circulating assets (those not intended to be used on a continuing basis in the business activity but realized in the course of trading). In respect of a natural person who is deceased, assets comprise all real and personal property that forms part of the deceased's estate and is available for the payment of the deceased's debts and liabilities. See also FAMILY ASSETS; WASTING ASSETS.
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assignee n. See ASSIGNMENT.
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assured shorthold tenancy A special kind of *assured tenancy at the end of which the landlord is entitled to recover possession without having to show one of the usual grounds for possession of an assured tenancy. This kind of tenancy was introduced by the Housing Act 1988,replacing protected shorthold tenancies. Under the 1988 Act the landlord was obliged to give the tenant notice before the grant of the tenancy that it was an assured shorthold tenancy. However, under the Housing Act 1996,from 28 February 1997the requirement for the landlord to serve a notice is removed, and all new tenancies are automatically assured shortholds unless otherwise agreed. If a landlord wants to give the tenant security under an assured tenancy, this must be specifically created; if this is not done, the tenancy is an assured shorthold without *security of tenure. A tenant can apply to a rent assessment committee if he thinks the rent of the tenancy is excessive. The committee can fix a new rent if they think that the rent is significantly higher than that of other assured tenancies in the area. However, government regulations may restrict this right in certain areas or in certain circumstances.
The landlord may obtain possession at any time when he would have been entitled to do so contractually, by giving two months' notice and specifying that the tenancy is an assured shorthold tenancy. No order for possession may be made in the first six months of the tenancy.
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attempt n. (in criminal law) Any act that is more than merely preparatory to the intended commission of a crime; this act is itself a crime. For example, shooting at someone but missing could be attempted murder, but merely buying a revolver would not. One may be guilty of attempting to commit a crime that proves impossible to commit (e.g. attempted theft from an empty handbag).
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Attorney General (AG) The principal law officer of the Crown. The Attorney General is usually a Member of Parliament of the ruling party and holds ministerial office, although he is not normally a member of the Cabinet. He is the chief legal adviser of the government, answers questions relating to legal matters in the House of Commons, and is politically responsible for the *Crown Prosecution Service, *Director of Public Prosecutions, *Treasury Solicitor, and *Serious Fraud Office. He is the leader of the English Bar and presides at its general meetings. The consent of the Attorney General is required for bringing certain criminal actions, principally ones relating to offences against the state and public order and corruption. The Attorney General sometimes appears in court as an *advocate in cases of exceptional public interest, but he is not now allowed to engage in private practice. He has the right to terminate any criminal proceedings by entering a *nolle prosequi. See also SOLICITOR GENERAL.
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avoidance of disposition order An order by the High Court preventing or setting aside a transaction by a husband or wife that was made to defeat his (or her) spouse's claim to financial provision. A transaction, such as a gift, made within three years before the application is presumed to have been made in order to defeat the spouse's claim if its effect would be to defeat her claim. But a sale of property to a purchaser in good faith will not be set aside.
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avulsion n. A sudden and violent shift in the course of a river that leaves the old riverbed dry. This could be caused by such natural forces as floods, tidal waves, or hurricanes. The alteration of territory by this means does not affect the title to territory; thus new claims by a state that would appear to benefit from the rapid geological change would be disbarred. Compare ACCRETION.
Check your vocabulary for Law - Opposites 1 - Prefixes
Opposites 1 - Prefixes
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ENGLISH OFTEN USES prefixes to create opposites. There are several different prefixes which are used. Choose the right prefixes for each of the adjectives in the box and write it into the table. The first one has been done for you: evidence which is inadmissible will not be accepted (admitted) by a court.
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Admissible – capable – competent – confirmed – correct – dependent – insured – just – lawful – legal – legitimate – moral – movable – perfect – professional – proper – reconcilable – recoverable – regular – relevant – reliable – sane – solvent – valid
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il –
1.
2.
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im –
1.
2.
3.
4.
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in –
1. inadmissible
2.
3.
4.
5.
6.
7.
8.
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ir –
1.
2.
3.
4.
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un –
1.
2.
3.
4.
5.
6.
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Exercise 2.
Use twelve of the adjectives in the table to complete these sentences. The first one has been done for you as an example:
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1. Hearsay evidence – evidence which a witness has heard from another source – is inadmissible in a court of law.
2. Can you check these accounts? Some of the figures seem to be____________.
3. The witness was completely ___________: she kept changing her story.
4. it is __________ for a lawyer to enter into personal relations with a client.
5. We returned the goods to the supplier because they were __________.
6. That’s very interesting, but _________ : can you please comment only on the case?
7. There are rumors of a takeover, but they are still __________.
8. It is ___________ to sell tobacco without a license.
9. He could not pay his debts and was declared __________.
10. This document is ____________ without the signature of a witness.
11. The director of the company has left the country permanently and I’m afraid the debt is now __________.
12. At twenty-one she left home and became ____________.
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Answers:
Exercise 1:
-il
1. illegal, 2. Illegitimate
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-im
1. Immoral, 2. Immovable, 3. Imperfect, 4. Improper
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-in
1. inadmissible, 2. Incapable, 3. Incompetent, 4. Incorrect, 5. Independent, 6. Insane, 7. Insolvent, 8. Invalid
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-ir
1. irreconcilable, 2. Irrecoverable, 3. Irregular, 4. Irrelevant
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-un
1. unconfirmed, 2. Uninsured, 3. Unjust, 4. Unlawful, 5. Unprofessional, 6. Unreliable
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Exercise 2:
1. Inadmissible, 2. Incorrect, 3. Unreliable, 4. Improper, 5. Imperfect, 6. Irrelevant, 7. Unconfirmed, 8. Illegal, 9. Insolvent, 10. Invalid, 11. Irrecoverable, 12. Independent
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ENGLISH OFTEN USES prefixes to create opposites. There are several different prefixes which are used. Choose the right prefixes for each of the adjectives in the box and write it into the table. The first one has been done for you: evidence which is inadmissible will not be accepted (admitted) by a court.
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Admissible – capable – competent – confirmed – correct – dependent – insured – just – lawful – legal – legitimate – moral – movable – perfect – professional – proper – reconcilable – recoverable – regular – relevant – reliable – sane – solvent – valid
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il –
1.
2.
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im –
1.
2.
3.
4.
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in –
1. inadmissible
2.
3.
4.
5.
6.
7.
8.
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ir –
1.
2.
3.
4.
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un –
1.
2.
3.
4.
5.
6.
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Exercise 2.
Use twelve of the adjectives in the table to complete these sentences. The first one has been done for you as an example:
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1. Hearsay evidence – evidence which a witness has heard from another source – is inadmissible in a court of law.
2. Can you check these accounts? Some of the figures seem to be____________.
3. The witness was completely ___________: she kept changing her story.
4. it is __________ for a lawyer to enter into personal relations with a client.
5. We returned the goods to the supplier because they were __________.
6. That’s very interesting, but _________ : can you please comment only on the case?
7. There are rumors of a takeover, but they are still __________.
8. It is ___________ to sell tobacco without a license.
9. He could not pay his debts and was declared __________.
10. This document is ____________ without the signature of a witness.
11. The director of the company has left the country permanently and I’m afraid the debt is now __________.
12. At twenty-one she left home and became ____________.
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Answers:
Exercise 1:
-il
1. illegal, 2. Illegitimate
.
-im
1. Immoral, 2. Immovable, 3. Imperfect, 4. Improper
.
-in
1. inadmissible, 2. Incapable, 3. Incompetent, 4. Incorrect, 5. Independent, 6. Insane, 7. Insolvent, 8. Invalid
.
-ir
1. irreconcilable, 2. Irrecoverable, 3. Irregular, 4. Irrelevant
.
-un
1. unconfirmed, 2. Uninsured, 3. Unjust, 4. Unlawful, 5. Unprofessional, 6. Unreliable
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Exercise 2:
1. Inadmissible, 2. Incorrect, 3. Unreliable, 4. Improper, 5. Imperfect, 6. Irrelevant, 7. Unconfirmed, 8. Illegal, 9. Insolvent, 10. Invalid, 11. Irrecoverable, 12. Independent
Check your vocabulary for Law - Pronunciation 1
World stress
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ALL ENGLISH WORLDS with more than one syllable have a stress: one syllable which is emphasized more than the others. There are three possible patterns for three-syllable words. Look at these examples and practice saying them.
.
1. Stress on the first syllable…………………….For example: cri-mi-nal; occ-u-pant; le-gis-late
2. Stress on the second syllable……………….For example: fi-nan-cial; co-llec-tion; ex-po-sure
3. Stress on the third syllable…………………..For example: le-ga-tee; dis-po-ssess; con-tra-vene
.
Read the conversations below and find all the three-syllable words. Underline them and classify them in the groups on the right. The first one has been done for you as an example.
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Conversation 1
Have you seen the evidence? It looks very strong.
Yes, but we still expect an acquittal.
Do you really think she’s innocent?
Wait until you see the forensic report.
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Conversation 2
I hear the Appeal Court disapproved of the decision.
Yes, they said that the indictment was incorrect.
What’s Jack’s opinion?
Oh, he’s very upset.
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Conversation 3
Would you recommend buying shares in Giant Plc?
No. Their performance has been poor lately. There are better companies.
For example?
I’ve made a selection for you to consider. Let me give you a copy.
.
Conversation 4
Have you heard about Giant? One of their employees embezzled over £200,000 in six months.
No. Who was it?
They don’t know yet but it may have been the director of the accounts department.
Do you think they’ll prosecute?
.
Conversation 5
Look at this. Another case of government corruption.
Is that the thing about the Minister for the Arts?
No, it’s the Treasury Secretary. He’s been accused of insider trading.
What are the details?
.
Group 1
1. evidence
2. ___________
3.___________
4.___________
5. ___________
6. ___________
7. ___________
8. ___________
.
Group 2
1.___________
2. ___________
3. ___________
4. ___________
5. ___________
6. ___________
7. ___________
8. ___________
9. ___________
10. __________
11. __________
12. __________
13. __________
14. __________
.
Group 3
1. ___________
2. ___________
3. ___________
.
Answers:
.
Group 1: 1.evidence, 2. innocent, 3.companies, 4.prosecute, 5.government, 6. minister, 7. treasury, 8. Secretary
Group 2: 1.acquittal, 2. Forensic, 3.decision, 4. Indictment, 5.opinion, 6. Performance, 7. Example, 8, selection, 9. Consider, 10. Embezzled, 11. Director, 12. Department, 13. Corruption, 14. Insider
Group 3: 1.disapproved, 2. Incorrect, 3. Recommend, 4. Employees
.
ALL ENGLISH WORLDS with more than one syllable have a stress: one syllable which is emphasized more than the others. There are three possible patterns for three-syllable words. Look at these examples and practice saying them.
.
1. Stress on the first syllable…………………….For example: cri-mi-nal; occ-u-pant; le-gis-late
2. Stress on the second syllable……………….For example: fi-nan-cial; co-llec-tion; ex-po-sure
3. Stress on the third syllable…………………..For example: le-ga-tee; dis-po-ssess; con-tra-vene
.
Read the conversations below and find all the three-syllable words. Underline them and classify them in the groups on the right. The first one has been done for you as an example.
.
Conversation 1
Have you seen the evidence? It looks very strong.
Yes, but we still expect an acquittal.
Do you really think she’s innocent?
Wait until you see the forensic report.
.
Conversation 2
I hear the Appeal Court disapproved of the decision.
Yes, they said that the indictment was incorrect.
What’s Jack’s opinion?
Oh, he’s very upset.
.
Conversation 3
Would you recommend buying shares in Giant Plc?
No. Their performance has been poor lately. There are better companies.
For example?
I’ve made a selection for you to consider. Let me give you a copy.
.
Conversation 4
Have you heard about Giant? One of their employees embezzled over £200,000 in six months.
No. Who was it?
They don’t know yet but it may have been the director of the accounts department.
Do you think they’ll prosecute?
.
Conversation 5
Look at this. Another case of government corruption.
Is that the thing about the Minister for the Arts?
No, it’s the Treasury Secretary. He’s been accused of insider trading.
What are the details?
.
Group 1
1. evidence
2. ___________
3.___________
4.___________
5. ___________
6. ___________
7. ___________
8. ___________
.
Group 2
1.___________
2. ___________
3. ___________
4. ___________
5. ___________
6. ___________
7. ___________
8. ___________
9. ___________
10. __________
11. __________
12. __________
13. __________
14. __________
.
Group 3
1. ___________
2. ___________
3. ___________
.
Answers:
.
Group 1: 1.evidence, 2. innocent, 3.companies, 4.prosecute, 5.government, 6. minister, 7. treasury, 8. Secretary
Group 2: 1.acquittal, 2. Forensic, 3.decision, 4. Indictment, 5.opinion, 6. Performance, 7. Example, 8, selection, 9. Consider, 10. Embezzled, 11. Director, 12. Department, 13. Corruption, 14. Insider
Group 3: 1.disapproved, 2. Incorrect, 3. Recommend, 4. Employees
Check your vocabulary for Law - Word Association 3
Mind Maps
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A MIND MAP is a way of organising vocabulary to show the connections between words. This mind map is based on the word "thef".
.
.
.
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Exercise 1. Find words in the mind map which fit these definitions.
.
1. The past participle of the verb steal.
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2. A person who enters a house to steal things.
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3. To steal something from a person on the street without their noticing.
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4. To stop a person on the street and using violence or threats to rob him or her.
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5. Going into a building by force to steal things (one word).
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6. A person who steals from a shop.
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7. A psychological compulsion to steal things.
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8. A person who commits an act of theft.
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9. To rob a place, usually by using with guns or other weapons.
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10.Things obtained by robbery.
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Exercise 2. Design a mind map for one or more of the following:
.
A MIND MAP is a way of organising vocabulary to show the connections between words. This mind map is based on the word "thef".
.
.
.
.
Exercise 1. Find words in the mind map which fit these definitions.
.
1. The past participle of the verb steal.
.
2. A person who enters a house to steal things.
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3. To steal something from a person on the street without their noticing.
.
4. To stop a person on the street and using violence or threats to rob him or her.
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5. Going into a building by force to steal things (one word).
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6. A person who steals from a shop.
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7. A psychological compulsion to steal things.
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8. A person who commits an act of theft.
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9. To rob a place, usually by using with guns or other weapons.
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10.Things obtained by robbery.
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Exercise 2. Design a mind map for one or more of the following:
- the stock exhange
- tax
- the courtroom
Answers:
1. stolen
2. burglar
3. to pick (someone's) pocket
4. to mug
5. housebreaking
6. shoplifting
7. kleptomania
8. thief
9. to hold up (a place)
10. stolen property
Check your vocabulary for Law - Word Association 2
Partnerships
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SOME WORDS FORM “partnerships”. For example, we talk about income tax not revenue tax. Both forms are grammatically correct, but only the first is normally used.
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Exercise1. Match the verbs on the left with nouns on the right to make ten partnerships. Some verbs will go with more than one noun; different answers are given in the key.
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VERBS………………………….. NOUNS
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1. break………………………...a case
2. commit……………………...a market
3. cross examine……….…....a fee
4. charge……………………….an interest
5. declare………………………a Law
6. enter…………………………a crime
7.evade.................................a verdict
8. hear…………………………..terms
9. negotiate…………………....a witness
10.return…………………….…taxes
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Exercise 2. Complete these sentences using the partnerships from the first exercise. You may have to make some changes to fit the grammar of the sentences. The first one has been done for you as an example.
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1. You must know that you are _____breaking the law___ when you park on the pavement.
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2. The merger will only go ahead if the two companies can _________ they are both happy with.
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3. After two hours deliberating the jury ___________ of not guilty.
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4. We are going to ____________ with a revolutionary new product next month.
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5. A good accountant can save you money by finding ways to _____________.
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6. We have _____________ for the prosecution, which depends on an unreliable identification.
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7. When she was ____________ he contradicted his earlier testimony.
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8. I am innocent; I did not __________ you accuse me of.
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9. During the recent debate on this matter Mr. Allen failed to __________: he is a director of the company bidding for the contract.
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10. Most solicitors do not _________ for the first consultation.
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Answers:
Exercise 1:
1.break down
2. commit a crime
3. cross examine a witness
4. charge a fee
5. declare an interest
6. enter a market
7. evade taxes
8. hear a case
9. negotiate terms
10. return a verdict
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Exercise 2:
1.breaking the law
2. negotiate terms
3. returned a verdict
4. enter the market
5. evade taxes
6. heard the case
7. cross examining the witness
8. commit the crime
9. declare an interest
10. charge a fee
.
SOME WORDS FORM “partnerships”. For example, we talk about income tax not revenue tax. Both forms are grammatically correct, but only the first is normally used.
.
Exercise1. Match the verbs on the left with nouns on the right to make ten partnerships. Some verbs will go with more than one noun; different answers are given in the key.
.
VERBS………………………….. NOUNS
.
1. break………………………...a case
2. commit……………………...a market
3. cross examine……….…....a fee
4. charge……………………….an interest
5. declare………………………a Law
6. enter…………………………a crime
7.evade.................................a verdict
8. hear…………………………..terms
9. negotiate…………………....a witness
10.return…………………….…taxes
.
Exercise 2. Complete these sentences using the partnerships from the first exercise. You may have to make some changes to fit the grammar of the sentences. The first one has been done for you as an example.
.
1. You must know that you are _____breaking the law___ when you park on the pavement.
.
2. The merger will only go ahead if the two companies can _________ they are both happy with.
.
3. After two hours deliberating the jury ___________ of not guilty.
.
4. We are going to ____________ with a revolutionary new product next month.
.
5. A good accountant can save you money by finding ways to _____________.
.
6. We have _____________ for the prosecution, which depends on an unreliable identification.
.
7. When she was ____________ he contradicted his earlier testimony.
.
8. I am innocent; I did not __________ you accuse me of.
.
9. During the recent debate on this matter Mr. Allen failed to __________: he is a director of the company bidding for the contract.
.
10. Most solicitors do not _________ for the first consultation.
.
Answers:
Exercise 1:
1.break down
2. commit a crime
3. cross examine a witness
4. charge a fee
5. declare an interest
6. enter a market
7. evade taxes
8. hear a case
9. negotiate terms
10. return a verdict
.
Exercise 2:
1.breaking the law
2. negotiate terms
3. returned a verdict
4. enter the market
5. evade taxes
6. heard the case
7. cross examining the witness
8. commit the crime
9. declare an interest
10. charge a fee
Check your vocabulary for Law - Useful Verbs 1
Useful Verbs 1
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ALL THE VERBS below relate to legal matters. Use them to complete the sentences. The first one has been done for you as an example.
.
Adjourn – Approve – Arbitrate – Bribe – Dismiss – Earn – Employ – Evict – Issue – Obligate – Reach – Recommend – Rescind – Testify – Withhold
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1. The jury was unable to ___reach__ a unanimous decision.
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2. The new landlord has started proceedings to ________ all the tenants.
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3. I am sure the board will ________ your proposal: It’s just the sort of thing they’re looking for at the moment.
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4. The policeman warned him that it was illegal to _________ evidence.
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5. How much dividend do these shares __________?
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6. The minister was desperate and even tried to ________ the policeman to get the charges dropped.
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7. Unfortunately the committee has had to _________ its earlier decision on the use of local government premises.
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8. This tribunal will now ________ until tomorrow at 10 A.M.
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9. How many people does the company _______?
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10. Are you ready to _________ in court that this is what happened?
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11. The company is going public and they are going to _________ 25,000 shares.
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12. Do you realize that this contract will _________ you to buy a minimum quantity of goods each year?
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13. This evidence is hearsay and I call upon the court to _______ it.
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14. The prisoner’s behavior has been good and I am going to _________ him for parole.
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15. The management and the union could not agree and they called in an industrial tribunal to _________.
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Answers:
1.reach
2. evict
3.approve
4. withhold
5. earn
6. bribe
7. rescind
9. adjourn
10. testify
11. issue
12. obligate
13. dismiss
14. recommend
15. arbitrate
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ALL THE VERBS below relate to legal matters. Use them to complete the sentences. The first one has been done for you as an example.
.
Adjourn – Approve – Arbitrate – Bribe – Dismiss – Earn – Employ – Evict – Issue – Obligate – Reach – Recommend – Rescind – Testify – Withhold
.
1. The jury was unable to ___reach__ a unanimous decision.
.
2. The new landlord has started proceedings to ________ all the tenants.
.
3. I am sure the board will ________ your proposal: It’s just the sort of thing they’re looking for at the moment.
.
4. The policeman warned him that it was illegal to _________ evidence.
.
5. How much dividend do these shares __________?
.
6. The minister was desperate and even tried to ________ the policeman to get the charges dropped.
.
7. Unfortunately the committee has had to _________ its earlier decision on the use of local government premises.
.
8. This tribunal will now ________ until tomorrow at 10 A.M.
.
9. How many people does the company _______?
.
10. Are you ready to _________ in court that this is what happened?
.
11. The company is going public and they are going to _________ 25,000 shares.
.
12. Do you realize that this contract will _________ you to buy a minimum quantity of goods each year?
.
13. This evidence is hearsay and I call upon the court to _______ it.
.
14. The prisoner’s behavior has been good and I am going to _________ him for parole.
.
15. The management and the union could not agree and they called in an industrial tribunal to _________.
.
Answers:
1.reach
2. evict
3.approve
4. withhold
5. earn
6. bribe
7. rescind
9. adjourn
10. testify
11. issue
12. obligate
13. dismiss
14. recommend
15. arbitrate
Check your vocabulary for Law - Word Association 1
Word Association 1
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Missing links
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Each of the sets of four words below can be linked by one other word. All the words are to do with legal matters. What are the five missing link words? Write them in the center of the charts. More than one answer may be correct, though you will find a suggested answer bellow.
.
CIVIL................................... COMMERCIAL
.
....................1.__________
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CRIMINAL .........................CONSTITUTIONAL
.
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OPEN................................... ACTION
.
....................2.__________
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CASE.................................... CONTEMPT
.
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MEMBERS............................ FOREMAN
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....................3.___________
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VERDICT.............................. MAJORITY
.
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EVASION.............................. EXEMPTION
.
....................4.__________
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ALLOWANCE....................... AVOIDANCE
.
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CONCURRENT..................... CONSECUTIVE
.
....................5.__________
.
CUSTODIAL.......................... SUSPENDED
.
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Answers: 1. LAW – 2.COURT – 3. JURY – 4. TAX – 5. SENTENCE
.
Missing links
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Each of the sets of four words below can be linked by one other word. All the words are to do with legal matters. What are the five missing link words? Write them in the center of the charts. More than one answer may be correct, though you will find a suggested answer bellow.
.
CIVIL................................... COMMERCIAL
.
....................1.__________
.
CRIMINAL .........................CONSTITUTIONAL
.
.
OPEN................................... ACTION
.
....................2.__________
.
CASE.................................... CONTEMPT
.
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MEMBERS............................ FOREMAN
.
....................3.___________
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VERDICT.............................. MAJORITY
.
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EVASION.............................. EXEMPTION
.
....................4.__________
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ALLOWANCE....................... AVOIDANCE
.
.
CONCURRENT..................... CONSECUTIVE
.
....................5.__________
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CUSTODIAL.......................... SUSPENDED
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Answers: 1. LAW – 2.COURT – 3. JURY – 4. TAX – 5. SENTENCE
quarta-feira, 28 de janeiro de 2009
Jacket Copy – What are the 100 most beautiful words in the English language?
Photo: Lonely Angel CP via Flickr
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Jacket Copy – What are the 100 most beautiful words in the English language?
Published on L.A.Times – January 28h, 2009 by Carolyn Kellogg
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When thinking of good words, apparently, it's hard to separate them from their meanings. The site alphaDictionary has compiled its selection of the 100 most beautiful words in English (via Nigel Beale) -- in its entirety here or after the jump, with definitions. The list, when recited, is quite beautiful, and the words, for the most part, are familiar rather than obscure: adroit, champagne, dulcet, ebullient, efflorescence, paean, rhapsody.
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There is a plethora (on the list) of words whose meanings are halcyon (on the list), even effervescent (on the list). If you try, you can find the negative -- surreptitious and beleaguer are both on the list -- but the victory would be Pyrrhic (on the list); anyone who can't enjoy the serendipity (on the list) of discovering diaphanous and ingenue together (both on the list) risks being called jejune (on the list).
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You might have noticed a preponderance (not on the list) of words that don't sound particularly English. There does seem to be a definite Francophile (not on the list) bent to the words that made the grade. Is it the pretty, soft sounds? The unusual vowel pairings? The (not on the list) je ne sais quoi?
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I'd suggest two more words for the list: copasetic (all good) and callipygean (I'll let you look it up). What words would you add?
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1 adroit Dexterous, agile.
2 adumbrate To very gently suggest.
3 aestivate To summer, to spend the summer.
4 ailurophile A cat-lover.
5 beatific Befitting an angel or saint.
6 beleaguer To exhaust with attacks.
7 blandiloquent Beautiful and flattering.
8 caliginous Dark and misty.
9 champagne An effervescent wine.
10 chatoyant Like a cat’s eye.
11 chiaroscuro The arrangement of dark and light elements in a picture.
12 cockle A heart-shaped bivalve or a garden flower.
13 colporteur A book peddler.
14 conflate To blend together, to combine different things.
15 cynosure A focal point of admiration.
16 desuetude Disuse.
17 diaphanous Filmy.
18 diffuse Spread out, not focused or concentrated.
19 dulcet Sweet, sugary.
20 ebullient Bubbling with enthusiasm.
21 effervescent Bubbly.
22 efflorescence Flowering, the opening of buds or a bloom.
23 elixir A good potion.
24 emollient A softener.
25 encomium A spoken or written work in praise of someone.
26 ephemeral Short-lived.
27 epicure A person who enjoys fine living, especially food and drink.
28 epiphany A sudden revelation.
29 erstwhile At one time, for a time.
30 eschew To reject or avoid.
31 esculent Edible.
32 esoteric Understood only by a small group of specialists.
33 ethereal Gaseous, invisible but detectable.
34 etiolate White from no contact with light.
35 evanescent Vanishing quickly, lasting a very short time.
36 exuberant Enthusiastic, excited.
37 felicitous Pleasing.
38 fescue A variety of grass favored for pastures.
39 foudroyant Dazzling.
40 fragile Very, very delicate.
41 fugacioius Running, escaping.
42 gambol To skip or leap about joyfully.
43 glamour Beauty.
44 gossamer The finest piece of thread, a spider’s silk.
45 halcyon Happy, sunny, care-free.
46 hymeneal Having to do with a wedding.
47 imbricate To overlap to form a regular pattern.
48 imbroglio An altercation or complicated situation.
49 imbue To infuse, instill.
50 incipient Beginning, in an early stage.
51 ingenue A naive young woman.
52 inglenook The place beside the fireplace.
53 inspissate To thicken.
54 inure To jade.
55 jejune Dull; childish.
56 lagniappe A gift given to a customer for their patronage.
57 lagoon A small gulf or inlet in the sea.
58 languor Listlessness, inactivity.
59 lassitude Weariness, listlessness.
60 laughter The response to something funny.
61 lilt To move musically or lively, to have a lively sound.
62 lithe Slender and flexible.
63 loquacious Talkative.
64 luxuriant Thick, lavish.
65 mellifluous Sweet-sounding.
66 missive A message or letter.
67 moiety One of two equal parts, a half.
68 mondegreen A misanalyzed phrase.
69 nebulous Foggy.
70 niveous Snowy, snow-like.
71 obsequious Fawning, subservience.
72 odalisque A concubine in a harem.
73 oeuvre A work.
74 offing That part of the sea between the horizon and the offshore.
75 onomatopoeia The creation of words by imitating sound.
76 paean A formal expression of praise.
77 palimpsest A manuscript written over one or more earlier ones.
78 panacea A complete solution for all problems.
79 panoply A complete set.
80 pastiche A mixture of art work (art or music) from various sources.
81 peccadillo A peculiarity.
82 pelagic Related to the sea or ocean.
83 penumbra A half-shadow, the edge of a shadow.
84 peregrination Wandering, travels.
85 petrichor The smell of earth after a rain.
86 plethora A great excess, overabundance.
87 porcelain A fine white clay pottery.
88 potamophilous Loving rivers.
89 propinquity An inclination or preference.
90 Pyrrhic Victorious despite heavy losses.
91 quintessential The ultimate, the essence of the essence.
92 redolent Sweet-smelling.
93 rhapsody A beautiful musical piece.
94 riparian Having to do with the bank of a river or other body of water.
95 ripple A small, circular wave emanating from a central point.
96 scintillate To sparkle with brilliant light.
97 sempiternal Forever and ever.
98 seraglio Housing for a harem.
99 serendipity Finding something while looking for something else.
100 surreptitious Sneaky.
domingo, 25 de janeiro de 2009
Convention Cheklist
Convention Checklist
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This handy Checklist includes important information and details that can “make or break” a successful meeting. Early planning is the first step to success ... this checklist can lead the way!
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Tips include:
• Planning meeting objectives, schedule of activities and budget.
• Designing announcements, publicity and mailings for delegates. Setting deadlines.
• Developing an information sheet for each function: meals, tours, spouse programs,
hospitality rooms, etc.
• Planning registration procedures and materials.
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Group Travel Information
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Attendance
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Total members expected
Total guests expected
Total spouses, family members
Approximate number of rooms needed:
· Single
· Double
· Suites
Room rates/range $
Policy of hotel regarding confirmation of reservations,
deposits, room block cut-off (release) date, complimentary room policy:
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Transportation
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Arrangements needed for transportation from airport:
· Limousines
· Taxis
· Shuttles
· Buses
Early/late arrivals
Private cars
Buses for tours and off-site functions
Do you need meet/greet services at airport?
· own personnel
· hired personnel
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Dates
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Most of group will arrive
Most of group will depart
Uncommitted rooms released
Convention registration cut-off date
Hotel registration cut-off date
Arrangements for early/late arrivals
.
Complimentary Accommodations
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Number of each room type needed:
· Single
· Double
· Suites
Room rates confirmed
Bars, snacks, complimentary buffets
Transportation
Registration Form
See checklist (next page) for items to include on form
.
Items to include on Registration Form
.
Use this checklist to prepare registration and promotional materials.
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Name of meeting
Date of meeting
Place of meeting
Delegate name, address, telephone no.
Name of spouse, if attending
If sharing room, roommate’s name, etc.
Hotel(s) name, address, phone, fax, room rates
Cut-off date for hotel registration for group room rates
Cut-off date for delegate registration for conference
Late registration fees, if any
Where to mail hotel registration
Explain alternate/overflow hotel
Where to mail conference registration form
Cost of conference alone
Advance payment necessary?
Check payable to?
Credit cards accepted? Number/Exp. dates.
Description and cost of special activities or tours
Number planning to attend each tour
Description and cost of spouse program
Number planning to attend
Description and cost of pre/post convention tours
Number planning to attend
Cost of transportation from airport to hotel and by what means
Check-in/out hours at hotel
Registration hours and location for on-site conference registration
Time of arrival and departure
Refund policies
Hotel deposit information will be sent with hotel confirmation from hotel or
convention bureau (in Tucson bureau does housing upon request only if three
or more hotels are contracted)
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Meeting / Event Information:
.
Finances
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Who has fiscal responsibility?
Are sponsors needed?
Budget $
Deposit receipts
Record keeping
Payments
Final statement
Arrangements handled by:
· Destination Management Company
· Own personnel/volunteers
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Guest Speakers and Visitors
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Invitations to local dignitaries/speakers
Invitation(s) accepted
Tickets provided
Lodging provided/for spouse
Welcome, host arranged, airport transportation or directions provided
· Name tags/ribbons prepared
· Biography
Honorarium required
Honorarium paid
Special equipment needs
Photocopy/print handouts
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Equipment & Facilities
.
Make list of all equipment needed
Make list of all organizational supplies
Make list of all items to be rented with prices
Equipment operators
Photographer/Stenographer
Signage:
· Registration
· Directional
· Welcome
· Flags/banners
Lights:
· Spots
· Floods
· Other
Projection equipment:
· Movie
· Slide
· Overhead
· Video
· Computer
Video:
· VHS
· ½”
· Recorder or playback
· Monitor
· Camera
· Tape
Audio:
· Tape Recorder
· Cassette
· Blank Tape
· Microphone
· Sound System
Miscellaneous:
· Chalk Board / White Board
· Flip Chart
· Chart Stand
· Screens
· Lectern
· Extension Cords
· CD Player
.
Meetings
.
Make a list of date and times of each
Make a list of room sizes needed for each and setup ( theater, banquet, schoolroom, hollow square, etc…)
Record names and cost of rooms
Room needed for office / conference headquarters
When rooms can be set up
· Make seat plan for each room (skirted, tables, etc.)
Speaker’s tables/needs
Exhibit area/needs
Microphone type, podium, staging, lectern, water pitcher / glasses
Pencils, notepads, handouts
Review equipment checklist above for other needs
Mark location of restrooms and smoking areas
Sign, flags, banners, placed correctly
Arrangement for breakfast / meals (how many and location)
.
.
This handy Checklist includes important information and details that can “make or break” a successful meeting. Early planning is the first step to success ... this checklist can lead the way!
.
Tips include:
• Planning meeting objectives, schedule of activities and budget.
• Designing announcements, publicity and mailings for delegates. Setting deadlines.
• Developing an information sheet for each function: meals, tours, spouse programs,
hospitality rooms, etc.
• Planning registration procedures and materials.
.
Group Travel Information
.
Attendance
.
Total members expected
Total guests expected
Total spouses, family members
Approximate number of rooms needed:
· Single
· Double
· Suites
Room rates/range $
Policy of hotel regarding confirmation of reservations,
deposits, room block cut-off (release) date, complimentary room policy:
.
Transportation
.
Arrangements needed for transportation from airport:
· Limousines
· Taxis
· Shuttles
· Buses
Early/late arrivals
Private cars
Buses for tours and off-site functions
Do you need meet/greet services at airport?
· own personnel
· hired personnel
.
Dates
.
Most of group will arrive
Most of group will depart
Uncommitted rooms released
Convention registration cut-off date
Hotel registration cut-off date
Arrangements for early/late arrivals
.
Complimentary Accommodations
.
Number of each room type needed:
· Single
· Double
· Suites
Room rates confirmed
Bars, snacks, complimentary buffets
Transportation
Registration Form
See checklist (next page) for items to include on form
.
Items to include on Registration Form
.
Use this checklist to prepare registration and promotional materials.
.
Name of meeting
Date of meeting
Place of meeting
Delegate name, address, telephone no.
Name of spouse, if attending
If sharing room, roommate’s name, etc.
Hotel(s) name, address, phone, fax, room rates
Cut-off date for hotel registration for group room rates
Cut-off date for delegate registration for conference
Late registration fees, if any
Where to mail hotel registration
Explain alternate/overflow hotel
Where to mail conference registration form
Cost of conference alone
Advance payment necessary?
Check payable to?
Credit cards accepted? Number/Exp. dates.
Description and cost of special activities or tours
Number planning to attend each tour
Description and cost of spouse program
Number planning to attend
Description and cost of pre/post convention tours
Number planning to attend
Cost of transportation from airport to hotel and by what means
Check-in/out hours at hotel
Registration hours and location for on-site conference registration
Time of arrival and departure
Refund policies
Hotel deposit information will be sent with hotel confirmation from hotel or
convention bureau (in Tucson bureau does housing upon request only if three
or more hotels are contracted)
.
Meeting / Event Information:
.
Finances
.
Who has fiscal responsibility?
Are sponsors needed?
Budget $
Deposit receipts
Record keeping
Payments
Final statement
Arrangements handled by:
· Destination Management Company
· Own personnel/volunteers
.
Guest Speakers and Visitors
.
Invitations to local dignitaries/speakers
Invitation(s) accepted
Tickets provided
Lodging provided/for spouse
Welcome, host arranged, airport transportation or directions provided
· Name tags/ribbons prepared
· Biography
Honorarium required
Honorarium paid
Special equipment needs
Photocopy/print handouts
.
Equipment & Facilities
.
Make list of all equipment needed
Make list of all organizational supplies
Make list of all items to be rented with prices
Equipment operators
Photographer/Stenographer
Signage:
· Registration
· Directional
· Welcome
· Flags/banners
Lights:
· Spots
· Floods
· Other
Projection equipment:
· Movie
· Slide
· Overhead
· Video
· Computer
Video:
· VHS
· ½”
· Recorder or playback
· Monitor
· Camera
· Tape
Audio:
· Tape Recorder
· Cassette
· Blank Tape
· Microphone
· Sound System
Miscellaneous:
· Chalk Board / White Board
· Flip Chart
· Chart Stand
· Screens
· Lectern
· Extension Cords
· CD Player
.
Meetings
.
Make a list of date and times of each
Make a list of room sizes needed for each and setup ( theater, banquet, schoolroom, hollow square, etc…)
Record names and cost of rooms
Room needed for office / conference headquarters
When rooms can be set up
· Make seat plan for each room (skirted, tables, etc.)
Speaker’s tables/needs
Exhibit area/needs
Microphone type, podium, staging, lectern, water pitcher / glasses
Pencils, notepads, handouts
Review equipment checklist above for other needs
Mark location of restrooms and smoking areas
Sign, flags, banners, placed correctly
Arrangement for breakfast / meals (how many and location)
Terms and Definitions for the Hospitality Industry
Terms and Definitions for the Hospitaliy Industry.
Access Aisle
An Aisle That Is A Necessary Part Of An Accessible Parking Space. The Aisle Allows Disabled Individuals With A Device, Such As A Wheelchair, To Enter And Exit Vehicles And Travel To The Sidewalk Or Building Entrance. See Accessible Parking Space.
Accessible Parking Space
A Parking Space, Specially Designed For Disabled Persons, That Meets Or Exceeds The Requirements Of The People With Disabilities Act. It Should Have A Minimum Width Of 13 Feet (4 Meters)--8 Feet (2.4 Meters) For The Vehicle And 5 Feet (1.5 Meters) For An Access Aisle.
Accessible Route
A Route That Connects The Accessible Parking Area To An Accessible Entrance Of The Building The Parking Lot Serves. An Accessible Route Should Be A Minimum Of 36 Inches (91 Centimeters) Wide And Have No Abrupt Surface Transitions (From Sidewalks To Streets, For Example) Or Obstructions That Would Present Hazards To A Visually Impaired Person.
Acoustics
Sound Absorption Or Sound Reflection Quality Of Certain Materials, Usually In Ceilings, Walls, Or Floors.
Actual Beverage Cost Percentage
Net Beverage Cost Divided By Total Bar Sales.
Ad Valorem Tax
A Tax Based On The Assessed Value Of The Asset Itself, Usually A Fixed Percentage Of The Value.
Adjoining Rooms
Guestrooms Located Side By Side Without A Connecting Door Between Them.
Affiliate Reservation System
A Hotel Chain's Reservation System In Which All Participating Properties Are Contractually Related. Each Property Is Represented In The Computer System Database And Is Required To Provide Room Availability Data To The Reservation Center On A Timely Basis.
Affiliated Hotel
A Hotel That Is A Member Of A Chain, Franchise, Or Referral System. Membership Provides Special Advantages, Particularly A National Reservation System.
Airline-Related Guests
Airplane Crew Members And Passengers Who Need Emergency Accommodations.
Airport Hotel
A Hotel Located Near A Public Airport. Although Airport Hotels Vary Widely In Size And Service Levels, They Are Generally Full-Service And Are More Likely Than Other Hotels To Have In-Room Movies, Computerized Property Management Systems, And Call Accounting Systems.
Ala Carte Menu
A Food And Beverage Menu In Which Each Item Is Listed And Priced Separately.
Alcoholic Beverage Menu
A Menu That Lists Cocktails, Wines, And Other Alcoholic Beverages An Operation Offers To Guests. Alcoholic Beverages Can Be Listed On A Separate Menu Or Included On The Regular Menu. Restaurants With A Large Selection Of Wines May Have A Separate Wine List. Many Beverage Menus Also Include No- Or Low-Alcohol Drinks.
All-Expense Tour
A Tour Offering All Or Most Services--Transportation, Lodging, Meals, Sight-Seeing, And So On--For A Pre-Established Price. The Terms "All-Expense" And "All-Inclusive" Are Much Misused. Virtually No Tour Rate Covers Everything. The Terms And Conditions Of A Tour Contract Should Specify Exactly What Is Covered.
American Plan (AP)
A type of room rate which includes the price of the room, breakfast, lunch, and dinner. Also known as full pension.
Apartment Hotel
Accommodation in apartment-style units rather than rooms: with minimum or expanded in-suite cooking facilities. Defined by legislation for licensing and classification purposes.
Available Rooms (suites, beds)
The number of rooms normally available on a day to day basis, LESS those permanently used for some purpose other than guest occupancy.
Average Daily Rate (ADR)
The total room revenue for a given period (day, month to date, month, year to date), divided by the number of rooms occupied for the same period. Frequently used as a measure of economic performance.
Bed and Breakfast (B&B)
A type of room rate which includes the price of the room and breakfast. Also known as Continental Plan.
Boutique Hotel
Historical, classic buildings, remodeled into boutique hotels with usually have less than 30 rooms.
Central Reservation System (CRS/CReS)
The ability of guests to make a reservation for one out of a number of hotels by contacting one agency, contracted by the hotels acting as a group, to operate this "central" reservation service.
Complimentary Room
An occupied guest room for which no price is charged. This may include a room occupied by a hotel employee.
Condominium Hotels
Customers purchase fee-simple equity in the units - the hotel's guestrooms. Unit owners may live in the hotels permanently or use them as second and third homes. Depending on the hotel's policy, unit owners may rent their units independently or through the management company's rental program and derive income through a revenue-sharing arrangement. Unit owners also incur budgeted maintenance and operating expenses. Depending on the management company, unit owners have varying degrees of access to their hotel's amenities and services.
Credit Card Commissions
A fee paid to credit card companies based upon a contracted percentage of credit card charges accepted.
Destination Clubs
The newest entrant to lodging, this niche most closely resembles country clubs in ownership structure. While developers of destination clubs expect to branch out into other price segments, for now this niche targets the most affluent of travelers. Customers pay initiation fees that can run as high as $500,000 and annual dues running as high as $25,000. In return, customers get to stay for weeks at a time in multi-million dollar residences and villas in prime urban and resort locations and enjoy a full range of amenities and services.
Facilities
Core physical features: accommodation, restaurants, bars, and meeting rooms.
Five Star Hotel
Luxury hotels; most expensive hotels/resorts in the world; numerous extras to enhance the quality of the client's stay (for example: some have private golf courses and even a small private airport).
Four Star Hotel
First class hotels; expensive (by middle-class standards); has all of the previously mentioned services; has many "luxury" services (for example: massages or a health spa).
Franchise
The right to market a service and/or product often exclusive for a specified area, as granted by the manufacturer, developer or distributor in return for a fee: prevalent in the fast food industry but increasingly adopted within the hotel community.
Frequent Independent Traveler (FIT)
Designation which applies to visitors who arrive on their own as opposed to being a part of an organized group.
Front Office
An office usually situated in the lobby, always located inside the main entrance, whose primary function is to control the sale of guest rooms, provide keys, mail, information service for guests, maintain guest accounts, render bills, receive payments as well as providing information to other departments within the hotel.
Guest Account
An itemized record of a guest's charges and credits, which is maintained in the front office until departure. Also referred to as a guest bill, guest folio, and/or guest statement.
Guest Amenities
Not to be confused with "amenities", this is the term given to the range of disposable items provided in guest room bathrooms and includes such items as shampoo, lotion, conditioner, soap, toothpaste, toothbrush, shower caps, etc… The cost of these items are built into room rate.
Guest Check (Restaurant)
The invoice presented to restaurant and bar patrons for food and beverage consumed during a visit. Also referred to as a waiter's check or restaurant check.
Guest History
A record maintained for each guest who has stayed at the hotel with a separate entry for each visit and details of pertinent preferences. This is a valuable reference tool for reservations, marketing, and credit departments. Guest histories are now more readily available through the increased utilization of computers and technology.
Guest House
A personal residence with a small amount of overnight accommodation sometimes limited by legislation and residence constraints. Typically provides breakfast which is included within the room rate but no other meals. Not licensed to provide alcoholic beverages commercially.
Guest Service Directory
A documented listing of all of the features of a hotel together with general and pertinent information about the community within which the property is located. Directories are usually provided within each guest room.
High (Peak) Season / Shoulder Season
The period of consecutive months during which optimum revenues, room/suite occupancy and average room rates are generated. In the Rajasthan this is generally October through March.
Hotel
Minimum number of available rooms, services, and amenities, usually defined by legislation for licensing and classification purposes as well as eligibility for fiscal incentives in some jurisdictions. May provide food and beverage services on site but not always within the accommodation building(s): usually by in-house staff but occasionally through an outside food and beverage contractor. May or may not provide a range of recreation and other amenities on site or by arrangement with others off site. Includes motor hotel, resort hotel or resort, and commercial hotel.
Hotel Representative
An individual or firm with the responsibility to facilitate market accessibility to the hotel property by the travel trade.
Ingress and Egress
Ingress/Egress relates to the Civil Authority coverage part of the Business Income/EE forms. If one is unable to enter or exit by direction of civil authority.
Innkeepers Statutes
Statutes that limit the common law liability of innkeepers.
Intelligent Hotels
Hotels that are identified because they have state of the art technology systems for their operations. These hotels have replaced the traditional systems to reduce their energy cost and usually have integrated systems which join analog and digital systems to achieve an effective communication in their hotels. The return on investment is reflected in the energy-cost savings and the comfort they provide to their guests.
Limited Service Hotels
Brand hotels with franchise memberships of recognized hotels, built within limited areas without a restaurant. These hotels are located near business areas such as industrial parks, cities, and airport terminals.
Loss of Attraction
"Loss of Attraction" falls under the Business Income and Extra Expense coverage form although coverage is rarely included as it is hard to prove. For example, if a fire occurred at a hotel in Las Vegas, there may be other hotels in the surrounding area that will have lost income as a result of the reduction in tourism. For those hotels that have not suffered direct damage to the property, Business Income claims would fall under “Loss of Attraction.” Loss of Attraction coverage is not common and can be difficult to identify the loss resulting from a disaster and that which could have resulted from poor management or other uninsured factors. Physical damage to insured property is the primary trigger for business interruption claims; however, additional triggers of coverage outside of physical damage include acts of civil authority, ingress/egress, contingent business interruption and loss of attraction.
Low (off-peak) Season
The consecutive months during which the lowest revenues, room/suite occupancy and average room rates are generated. In the Rajasthan this is generally April to September.
M.O.D.
Manager On Duty.
Mini Bar
A specially designed small floor mounted refrigerator containing a variety of beverages and snacks located in guest rooms, with individual guest room key access. This amenity serves as a more credible and profitable substitute for room service.
Motel
Overnight accommodation originally targeted to automobile travelers and therefore, situated at roadside locations. A more contemporary definition would be the provision of accommodation only, with no other amenities and services provided by the motel.
Night Manager
Evening Manager.
No Category Hotels
These hotels include motels, cottages, bungalows and others with limited services. Nevertheless, these hotels represent 41% of the total hotel market share.
Occupancy (Occ. %) (Occ Rate)
The percentage of available rooms occupied for a given period of consecutive time. This figure is calculated by dividing the number of rooms occupied for a period by the number of rooms available for the same period and is expressed as a percentage.
One Star Hotel
Low budget hotels; inexpensive; may not have maid service or room service.
Overbooking
A situation in which more room reservations have been taken by a hotel than what the hotel is able to accommodate. Hotels that use overbooking as a policy are increasingly being targeted by tour wholesalers and operators in an attempt to better control and minimize the serious adverse marketing effects which overbooking has for all stakeholders.
Package
The name given to an assembly of components under a one price system. Typically, the core package price would include: return transportation, ground transfers, baggage handling, accommodation, one or more meals per day, and applicable taxes. Car rentals, recreation and entertainment and gratuities may also be included, but are more often supplementary to the core package price.
Rack Rate
The full, undiscounted published room rate (price).
Registration Card (Reg. Card)
A form on which arriving guests record their names, addresses, and other details including mode of transportation used, nationality, purpose of visit (usually business or pleasure), method of payment, and length of stay. A space is also provided for signature, room rate and room number. Additional questions may be included as a part of the hotel's market research platform.
Resort Hotels & Spas
A hotel that caters primarily to vacationers and tourist and typically offers more recreational amenities and services, in a more aesthetically pleasing setting, than other hotels. These hotels are located in attractive and natural tourism destinations and their clientele are groups and couples that like adventure with sophistication and comfort. The attractions vary depending on the region and some might offer golf, tennis, scuba diving and, depending on the natural surrounding, may also arrange other recreational activities.
Revenue Per Available Room (REVPAR)
Revpar is the key measure in the performance of the core business of hotels-selling rooms. Revenue per available room (revpar) is the key indicator of performance for hotels and can be broken down into two parts reflecting occupancy and rates: Revpar = occupancy (percentage of available rooms occupied) × average room rate per night. Trends in revpar are very important. Revpar can be used to compare companies but only if they have broadly similar hotels - i.e. similarly priced in similar locations. This is less unlikely than it may seem as most hotels companies give regional breakdowns of revpar and this can be compared.
Room Block
A predetermined number of rooms reserved in advance for group (conference, tour) use.
Room Service
Food and beverage delivered and served in a guest room.
Safety Deposit Boxes
Individual boxes provided for the safekeeping of guest valuables. Located either in a central, secure, and supervised location or in individual guest rooms.
Shoulder Season
The period between peak and low season.
Three Star Hotel
Middle class hotels; moderately priced; has daily maid service, room service, and may have dry-cleaning, Internet access, and a swimming pool.
Timeshare (Vacation Ownership)
A marketing and equity financing concept which permits participants to enjoy vacation accommodation for a fixed, one time amount for life, or shorter contracted period. According to the American Resort Development Association (ARDA), timeshare consumers make a one-time purchase of furnished resort accommodations, at a fraction of whole ownership costs, and pay an annual maintenance fee. Each condominium, or unit, of a vacation ownership resort is divided into intervals, either by the week or points equivalent, which are sold separately. The accommodations are priced according to a variety of factors, including size of the unit, resort amenities, location, and season. The purchaser owns the vacation accommodations, but only for the amount of time he or she plans to use it - typically one or two weeks each year. With time-share, the owner has all the benefits of a vacation home without the year-round costs. From its origin, the idea behind time-sharing was to give people the ability to purchase their future vacation - at current prices. Fractional is a variation of timeshare in which the purchaser owns longer intervals, from four to 12 weeks a year. Costs of fractional are significantly higher, ranging to more than $600,000. Major branded hotel companies participate in fractional timeshare, though not to the extent of independent operators.
Tour Operator
An organization or individual who actively manages and escorts tours and tour packages to FIT and group visitors.
Traditional Lodging
Guests pay nightly rates for single rooms or suites and have full access to the hotels' range of amenities and services. Rates begin at "rack," but vary widely, based on time of week and season and nearby events and attractions.
Transfer
This refers to the transportation of visitors between their point of arrival and selected hotel, and back again on departure day.
Two Star Hotel
Budget hotels; slightly more expensive; usually has maid service daily.
Wake Up call
A call made by front office, usually by telephone, to a guest room at the time requested by a room guest to be wakened.
Walk In Guest
Who checks-in without an advance reservation.
Walked Guests
When a hotel is overbooked and a guest room is not available for a confirmed guest, the hotel has “walk the guest” to a nearby hotel. This usually includes paying for transportation to the hotel and covering any difference in the room rate at the hotel the guest was “walked” to.
Assinar:
Postagens (Atom)
Postagens
