Hi everyone! As you all know, I'm studying Paralegal Technology and I thought that a glossary would help everyone to understand the language used in this field of study. I hope this glossary helps my articles to be more understandable for everyone.
Enjoy!
Common law
noun
The part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law.
Example: "On appeal, however, the Court of Appeal found that the mischief, that the county court's jurisdiction cannot extend to contempts outside of the courtroom, was already provided for by the common law. "
fr: Loi commune
Courthouse
noun
A court is a place where legal matters are decided by a judge and jury or by a magistrate.
Example: "Another example is the British victory at Guliford courthouse: "But like so many British victories it was won at disproportionate cost," just like that at bunker hill which cost the British 1,054 men compared to around 400 colonial casualties."
fr: Tribunal
Criminal record
noun
A history of being convicted for crime.
Example: "At present, the balance in rape trials is very much in favour of the defendant; his sexual history and past criminal record are protected even if he has attacked the complainant."
fr: Dossier criminel
Doctrine
noun
A principle of law established through past decisions
Example: "This case mainly deals with the doctrine of constructive trusts. "
fr: Doctrine
Evidence
noun, verb
Matter produced before a court of law in an attempt to prove or disprove a point in issue, such as the statements of witnesses, documents, material objects, etc.
Example: "Rappaport et al agree, Rappaport et al; 1997: 3 Adapted from Morrison, Morrison; 2002: 43 Angear et al support this, Angear et al; 1989: 123 Adapted from Rappaport et al; 1997: 4 Porter et al argue empirical evidence supports this, Porter et al; 2003: 34 Second strategy proposed was setting up a new overseas subsidiary."
fr: Preuve
Felony
noun
A serious crime, usually punishable by at least one year in prison.
Example: "Whether this is fair labelling or not is a matter of opinion, although many believe that accomplices should not receive such harsh penalties as the primary parties who actually committed the felony."
fr: Crime
Incarceration
noun
The state of being confined in prison; imprisonment.
Example: "It is accentuated by massive poverty, inadequate housing facilities or shelter homes for battered women, lack of legal awareness, fear of racist treatment by the legal system to black men and fear of incarceration, fear of deportation for illegal migrants and lack of multi-lingual support services etc. "
fr: Incarcération
Injunction
noun
An authoritative warning or order.
Example: " Friendship is also an important part of Judaeo-Christian theology that corresponds to the biblical injunction to 'love thy neighbour' located at Matthew 21:39. "
fr: Injonction
Jurisprudence
noun
The theory or philosophy of law.
Example: "However, she believed that the 'general tenor of [their] jurisprudence' was different to that of which was established by the majority. "
fr: Jurisprudence
Jurist
noun
An expert in or writer on law.
Example: "Muhm, R., The Role of the public prosecutor in Germany , Irish jurist, 2003, 38, 150 - 161 Page 156 The relationship between investigator and prosecutors is similar to that in France."
fr: Juriste
Law
noun
The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties.
Example: "At various times there have been attempts to set up low-cost alternatives to challenge the 'comfy duopoly' (Four Corners, 2001), but up until 2000 all such attempts ended in failure, partially as a result of a lack of protection in Australian law against Qantas' anti-competitive 'predatory behaviour' (ibid.)."
fr: Loi
Lawyer
noun
A person who practices or studies law; an attorney or a counselor.
Example: "The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? "
fr: Avocat
Legal research
noun
Legal research is the process of identifying and retrieving information necessary to support legal decision-making.
Example: "1 A.C. 454 Guy Holborn, legal research Guide, 2nd edition, (Butterworths, 2001) Chapter 4, pp. 123-160 Pepper v Hart , in my understanding, shows that the courts are moving towards the purposive approach in interpreting statutes."
fr: Recherche juridique
Legislation
noun
A law or a body of laws enacted.
Example: "A great advantage of this area is that identical legal framework is in force due to standardised European Community (EC) legislation."
fr: Législation
Litigating
verb
To make the subject of a lawsuit, contest at law.
Example: "Litigating the International Right to Housing In relation to the international right to housing specifically, the UN Special Rapporteur for the Right to Adequate Housing has emphasised the need for justiciability of this right "in courts at all levels...in order for states effectively to respect, protect, promote and fulfil" this right."
fr: Contentieux
Mediation
noun
Intervention in a dispute in order to resolve it; arbitration.
Example: "Although Part II allowed for a no-fault divorce, it requested mediation and a period for "reflection and consideration", attempting to reduce the divorce rate."
fr: Médiation
Paralegal
noun, adjective
An attorney's assistant, not admitted to the practice of law but trained to perform certain legal tasks.
fr: Technicien juridique
Prejudice
noun, verb
Harm or injury that results or may result from some action or judgment.
Example: "This may be justified by Korea's ethnic homogeneity, related to cultural values such as the importance of social networks or shame towards disabled people (contradicted by Korea's feminism), particularism, ethnic prejudice and xenophobia and intolerance towards immigrants-see work permits in appendix 6 (Hofstede & Hofstede, 2005)."
fr: Préjudice
Prosecute
verb
To hold a trial against a person who is accused of a crime to see if that person is guilty.
Example: "Consequently, and unsurprisingly, the defendant's silence has played only a marginal role in decisions to prosecute."
fr: Poursuivre
Quebec Bar
noun
The provincial law society for lawyers in Quebec, Canada. It was founded May 30, 1849, as the Bar of Lower Canada.