by Henry Ameyaw
JURAT: The note at the foot of an affidavit or deposition stating the time, place and persons before whom it is sworn.
REAL ESTATE, REAL PROPERTY, REALITY: Land.
PERSONAL PROPERTY: property which is not land.
OCCUPIER: One who lives in or a house or land.
POSSESSION: A right to occupy, use or enjoy land and any other thing. sometimes possession means the actual occupation, use of enjoyment of land or some other thing, without the right in which case the possession is said to be wrongful.
AN AGENT:One who is employed to act for another. the position or job of an agent is called Agency.
ATTESTED COPY: Copies certified by someone to be true.
BOND: Written acknowledgement of debt or contract to pay under seal.
BAIL BOND: Bond signed by a person arrested and his surieties binding to appear in court, recognizance.
CERTIFIED COPY: Copy of a document with a certificate on it signed by a person such as a Registrar, saying it is true copy.
DEED: A written, passing some property or enbodying some agreement which is not signed by the persons making it, but also sealed and delivered. A person usually delivered deed by touching the seal he has place upon it saying ‘ I declare this as my act and deeds’
EXECUSION { DEED} : Signing, sealing, and delivering it.
COMMON LATIN WORDS AND PHRASES
CONTRA BONOS MORES: Against good morals or manners
DIES NON: A day on which a court is not held.
DE NOVO : New or fresh
ET CETERA : and the rest, and so on
IPSO FACTO : by the very act itself; as a consequence.
INTER ALIA : Among other things.
IN STATU QUO: in the former state; ‘ as you were’
IN LOCO PARTRIS: in the place of a father
EX PARTE: without notice to the other party
EX OFFICIO : By virtue of this office or post
EXEMPLI GRATIA : for the sake of example.
ONUS PROBANDI : The burden of proof, the duty which lies on a man to proof his case.
PER DIEM : by the day.
PRIMA FACIE : at first sight
PRO RATA : in proportion
RES JUDICATA : The case has been judge. it is defence by a person who says that he was summoned for the same thing.
SINE DIE : without a day appointed.
SINE QUA NON: an indispensable condition.
SUB JUDICE : Under consideration by a court.
ULTRA VIRES : Beyond his {or other } powers of authority.
VERITAS : Truth
VICE VERSA : the terms or words exchanged.
VIVA VOCE : by the living voice, that is not writtng.
FIFA: when a person obtains a judgement and the debtor does not pay the creditor can go to court and get a warrant or writ of FIFA to seize and sell the debtors goods.
CAVEAT : { take heed} a notice entered into books of a court to prevent certain steps being taken without informing the person who had enterd the notice. eg you may lodge a caveat { objection}to a marriage. commonly used legal terms in Ghanaian courts.
RES IPSA LOQUITUR: A ‘ things speaks for itself’ the fact that their is a vehicle accident is proof that someone was negligent/
GUARDIAN AD LITEM : A person appointed by the court to represent a minor in a legal suit. in certin juridictions the term is extended to include persons appointed to represent certain incompetent adults.
Explaination: a minor under the law is not a competent party and cannot contract or sue or defend him/her in a law. The law has made it possible for the court to appoint someone to acts on behalf of such minor and represent his/her interests. A minor can contract throgh a guardian and in litigation be represented by a guardian ad litem.
QUID PRO QUO: Ssomething for something
Explaination: in contractual context, it means that one party offer something valuable in exchange for receiving something for value. son if one party does not receive any consideration then there is no quid pro quo.
PLAINTIFF: The person who brings or initiates a civil action
DEFENDANT: The defendant is the person who is issued and must defend against the action.
PETITIONER: This refer to a person who files an aquitable action, a mnon adversarial action or who files an appeal.
Explaination : Most cases are adverialin which the two parties have opposing interest or claims. There are however cases in which the parties have some common interests and are not adverse to the one another or enemies so to speak. The labels plaintiff and defendant do not propeerly describe or fit such parties. The term pertitioner which is less suggestive of adversity is used instead to describe the filing party . In actions for dissolution of marriage, the initiator of the action is the petition.
RESPONDENT: The respondent is the person who defends against either or non adersarial action or an equitable action {where the initiator is called the petitioner} or is the party defending agaist an appeal
Explianation : in an action for dissolution of marriage, the party who iniated the action is the husband [ Akwasi} is called Petitioner. The action is for dissolution of his marriage to Mary hence, Mary is the respondent, that is the defending party.
CERTIORARI: Certiorari is an order issued by a Superior court quashing a decision or order of a lower court or tribunal whose decision or order was made without juridition either because the court exceed it juridictionor lacked juridition in the matter.
APPEALLANT: The party that appeals a court judgement. this does not depend on who was plaintiff or defendant in the trial court. it refers to the party who has shown his displeasure with the trial courts, decision or judgement and has gone on to file at the appeallate court.
explanation: During the trials of cases and especially hen dealing with a novel issues, the court may ask the opinions of counsel to offer an opinion as a friend of court. Also in a certain jurisdiction in important cases, people who are not parties to the litigation may want to file research notes or briefs to aid the court, hoping to persuade the court to adopt their views.
These people are called amicus curiae, and they seek the permission of the court to offer their briefs for consideration.
Dictum: This statement form part of the judgement of a court. It is an authoritative formal pronouncement.
Obiter dictum{Dicta} Pi : An opinion voiced by a judge that has only incidental bearing on the case in question and therefore not binding, it is also refers to an incidental remarks or observation. passing comment.
Nonfeasance: It is the failure to acts as a reasonable person in those circumstances would have acted.
Explanation : This is a type of negligence in which one failed to do what the law requires him to do.
Misfeasance: it is a type of negligence in which one does something belong the standard of care required by law.
Respondent Superior L : ‘ Let the master { superior} answer ‘ This is a legal concept whereby an employer is liable for the torts of his /her employees arising from actions made at work.
Injunction : An order of a court directing a person to do a particular things or refrain from taking a particular action or step.
Explanation: Basically an injunction seeks to keep the status the same, it either prevents a person from doing something or requires a person to take a certain course of action. It seeks to prevent an injury rather than correct prior injuries.
Garnishment: A person whereby a 3rd person who owes money or property to the defendant is ordered by the court to deliver those goods to a designated individuals.
Attachment: A person by which the sheriff or other authorized persons seize someone’s property under an order of a court.
Moot Case; A moot case a law suit that is not ready for judicial decision because the legal issues have not yet arisen
Corpus Juris L : ‘ The body of the Law’
Explanation: Refers to all the books, codes and cases on the law .
Precedent: In common law systems, precedent means that a previously decided case can be used to decide the law of current case.
Stare Decisis : Courts must follow already settled.
for comment pls kindly- E mail us on – contactsghnewsday@gmail.com
