Forum shopping

This occurs where a plaintiff appears unsure as to the appropriate court to institute his matter and he is as a result “gambling” by trying his luck in different courts in order to arrive at the appropriate court. Courts usually frown at this practice.

Novation

Novation means the replacement of an old contract with a new one. This may play out where a bank enters into an agreement with another bank so as to off-set a customer's indebtedness to the other bank in order to win the customer over to its own side. What this means is that a new contract now exists between the two banks while the individual customer is no longer a party to it.

Set off

Set off is a form of monetary claim filed by a defendant in the same suit where he is sued by a plaintiff for recovery of debt or damages and in response to the plaintiff's case, the defendant is asking the court to give an order deducting what he owes the plaintiff from what the latter is also owing him.


For example, A files an action to claim for the payment of money due to him from B. B in responding to A's suit, on the other hand, is asking the court to deduct what he owes A from what A is owing him which may be from another transaction. The claim that B is making in this regard qualifies as set-off.

ulterior motive

Ulterior motive refers to a secret purpose or a hidden reason behind an action.
I supposed that he had an ulterior motive for trying to help us. He'd never helped us before.

Corpus delicti

The Latin term "corpus delicti" is normally used to denote a physical evidence of a crime. It is the evidence referring to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime, therefore, "corpus delicti" is one of the most important concepts in a murder investigation. A corpse in a murder case is an example for "corpus delicti".

Sine die

It means indefinitely. A case may have to be adjourned without giving it a specific date in which case it will be said that it is adjourned sine die.

utterly

It is an adjective that means "completely, absolutely".
He looked utterly ridiculous when he dressed like a teenager.
It is utterly impossible to dig since the ground is frozen hard.
That clock is utterly wrong - it's 10.30, not 4.30.
She has been utterly alone since her husband died.
She is utterly convinced of her husband's innocence.
He was utterly devastated when the doctor told him the news.
She is utterly miserable living on her own.

Abuse of court process

This encompasses a court action initiated against another person out of malice or for no just cause. Abuse of court process is also said to occur where a party duplicates court actions in order to harass an opponent. Such actions will be struck out as they amount to forum shopping.

Secondment

Secondment is a situation where an employee is posted outside his regular place of work by his employer usually on a temporary arrangement.

Warrant

In finance, a warrant is a security which gives you the right to purchase a certain number of shares of corporate stock on or before a certain date at a certain price.

Moratorium

Moratorium is a period of waiting or suspension in the doing of an act. For example, in relation to whether death penalty should be abolished or not in places where it remains a legal form of punishment, a moratorium may be allowed in which no death penalty will be carried out while the debate on its abolition is on-going.


It may also be used concerning payment of a debt and in that case, the payment of the debt will be delayed for some time.

Dissenting judgment

This is a minority judgment in which a different result is arrived at as opposed to the lead/majority judgment. However, a dissenting judgment is a mere opinion of the dissenting judge. It does not represent the judgment of the court.


See, concurring judgement.

Fieri facias

Fieri facias, shortened as FI.FA and is also known as writ of execution, is a court order directing an official of court to carry out a judgment. It may come in form of removing a debtor's (otherwise known as a judgment debtor) property to the court's premises so as to sell it (i.e. auction) in order to settle his debt to the judgment creditor.

Arbitration

Arbitration is a means by which a dispute is taken before a mutually-acceptable arbitrator instead of a court. This is done in order to save time and maintain a friendly business relationship.

Leading question

It is a question that is suggestive of the expected answer. This kind of questions is not allowed under examination-in-chief.


An example of a leading question may come in this way “Are you not a trained accountant?” This question is unacceptable unless it is a build up question to a previous one which has already established the fact that the witness is a trained accountant.

Unconditional love

Love without any conditions or requirements.
She says his dogs give him unconditional love, but I think they just love his food.

Federal court

Federal courts are courts of limited jurisdiction established under Article III of the U.S. Constitution to hear matters involving either federal question jurisdiction or diversity jurisdiction.


The federal courts are composed of three levels of courts. Trial jurisdiction is usually in the district courts, intermediate appellate jurisdiction is in the courts of appeal, and final appellate jurisdiction is in the Supreme Court.

LL.M

LL.M is an abbreviation for Legum Magister which, in English, means Master of Laws.

Conduit

A connection between two things.
Britain is a useful conduit to Europe for United States.