Legal terms - Letter A

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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.