Inglés Jurídico: Vocabulario Legal Esencial

"pleadings"

The formal written statements filed by each party in a lawsuit that set out the claims and defences at issue

"The judge ordered both sides to exchange pleadings within 21 days so the court could identify the precise matters in dispute."

"burden of proof"

The obligation placed on a party to prove their allegations to a specified standard — beyond reasonable doubt in criminal cases, balance of probabilities in civil ones

"Because the burden of proof rests with the prosecution, the defendant is not required to present any evidence unless the Crown first establishes a prima facie case."

"voir dire"

A preliminary hearing held within a trial to determine the admissibility of evidence or the competence of a witness, without the jury present

"The judge conducted a voir dire to decide whether the confession obtained during police questioning would be admissible at trial."

"interlocutory injunction"

A temporary court order prohibiting or compelling a party to act in a certain way until the full trial can be heard

"The claimant obtained an interlocutory injunction preventing the defendant from destroying the disputed documents pending full disclosure."

"amicus curiae"

A person or organisation not party to a case who files a brief offering information or arguments to assist the court, literally "friend of the court"

"Several human rights organisations were granted leave to appear as amicus curiae and filed submissions on the proportionality of the sentencing guidelines."

"res judicata"

The principle that once a matter has been finally decided by a court, the same parties cannot relitigate the same issue in a subsequent proceeding

"The defendant's application to re-open the damages claim was struck out on the basis of res judicata — the point had already been conclusively determined."

"contempt of court"

Conduct that disrespects, disobeys, or obstructs the authority or administration of justice, which can result in fines or imprisonment

"The CEO was found in contempt of court after deliberately failing to comply with a disclosure order despite two formal warnings from the bench."

"summary judgment"

A court ruling in favour of one party without a full trial because the other party has no real prospect of succeeding on the relevant issue

"The defendant applied for summary judgment, arguing that the claimant's negligence claim was bound to fail as there was no duty of care owed on these facts."

"consideration"

Something of value exchanged between contracting parties that is essential for a binding contract — each party must give and receive consideration

"The court held that the variation to the employment contract was unenforceable because the employer had provided no fresh consideration for the employee's new restrictive covenant."

"misrepresentation"

A false statement of fact made by one party that induces the other to enter a contract, potentially entitling the innocent party to rescind and claim damages

"The buyer sought rescission of the share purchase agreement on grounds of fraudulent misrepresentation after discovering that the seller had concealed a major regulatory investigation."

"force majeure"

A contractual clause that excuses one or both parties from performance obligations when an extraordinary event beyond their control prevents performance

"The construction company invoked the force majeure clause after government-mandated lockdowns made it physically impossible to continue work on the site."

"indemnity clause"

A contractual provision requiring one party to compensate the other for specified losses, liabilities, or costs arising from particular events or actions

"Under the indemnity clause, the software vendor agreed to defend and hold harmless the client against any third-party intellectual property infringement claims."

"entire agreement clause"

A provision stating that the written contract represents the complete and final agreement between the parties, excluding all prior negotiations and representations

"The entire agreement clause meant that the claimant could not rely on pre-contractual emails to supplement the express terms of the signed agreement."

"liquidated damages"

A pre-agreed sum specified in a contract as compensation for breach, enforceable provided it is a genuine pre-estimate of loss rather than a penalty

"The development agreement provided for liquidated damages of £50,000 per week of delay, which the court upheld as a reasonable forecast of the likely losses."

"novation"

The substitution of a new party or obligation for an existing one by agreement of all parties, effectively replacing the original contract

"When the original contractor was acquired, the client and acquiring company agreed to novation so that the new entity assumed all rights and obligations under the original contract."

"repudiatory breach"

A breach of contract serious enough to entitle the innocent party to treat the contract as terminated and claim damages for all future performance

"The supplier's repeated failure to deliver goods of the specified quality was held to be a repudiatory breach, allowing the buyer to terminate and source products elsewhere."

"mens rea"

The mental element of a crime — the guilty mind or criminal intention required, alongside the physical act, to establish criminal liability

"The prosecution was unable to prove mens rea because the evidence showed the defendant genuinely believed the property belonged to him at the time of the taking."

"actus reus"

The physical element of a crime — the external conduct or act (or sometimes omission) that constitutes the criminal offence

"The actus reus of theft is the dishonest appropriation of property belonging to another, which the prosecution established through CCTV footage and witness testimony."

"plea bargain"

An agreement between a defendant and prosecutor in which the defendant pleads guilty, often to a lesser charge, in exchange for a reduced sentence or other concession

"After three months of negotiations, the defendant accepted the plea bargain and pleaded guilty to manslaughter, avoiding a trial on the more serious murder charge."

"habeas corpus"

A legal order requiring that a detained person be brought before a court to determine whether the detention is lawful, serving as a safeguard against unlawful imprisonment

"The defence team immediately filed a writ of habeas corpus after their client had been held in custody for 48 hours without being charged or brought before a magistrate."

"double jeopardy"

The principle that a person cannot be tried twice for the same crime after an acquittal or conviction, although reforms in some jurisdictions allow retrial for serious offences on new evidence

"The defence argued that the retrial was barred by the double jeopardy rule, but the prosecution successfully demonstrated that compelling new DNA evidence justified an exception."

"mitigating circumstances"

Facts presented to a court that, while not excusing the offence, reduce the moral culpability of the defendant and may justify a lighter sentence

"The judge acknowledged the mitigating circumstances — the defendant's clean record, remorse, and the difficult personal circumstances leading to the offence — and imposed a suspended sentence."

"arraignment"

The formal court hearing at which a defendant is brought before the court, informed of the charges, and required to enter a plea of guilty or not guilty

"At the arraignment, the defendant entered a not guilty plea, and the judge set the trial date for three months later."

"prosecutorial discretion"

The power of a prosecutor to decide whether to bring charges, what charges to bring, and how to conduct a case, based on the evidence and public interest

"The campaigners criticised the use of prosecutorial discretion to decline charges against senior executives, arguing it undermined the rule of law."

"conveyancing"

The legal process of transferring ownership of real property from one person to another, including searches, contracts, and registration

"The conveyancing process took eight weeks from exchange of contracts to completion, during which the solicitor conducted local authority, environmental, and water searches."

"easement"

A right that the owner of one parcel of land has over an adjoining parcel, such as a right of way or right to light, which runs with the land

"The neighbouring landowner challenged the building plans, claiming the new extension would interfere with the easement of light enjoyed by her property for over 20 years."

"freehold"

The absolute ownership of land and the buildings on it for an unlimited period, as opposed to leasehold ownership which is for a fixed term

"After years of paying ground rent, the leaseholders clubbed together to collectively buy the freehold of their building under the right to collective enfranchisement."

"restrictive covenant"

A binding obligation that runs with the land, restricting how the land can be used, typically imposed when the land was originally sold

"The developer discovered that the site was subject to a restrictive covenant prohibiting any use other than residential, which would prevent the planned conversion to offices."

"adverse possession"

The acquisition of title to land by a person who has openly and continuously occupied it without the owner's permission for a statutory limitation period

"The squatter applied to register title to the strip of garden land through adverse possession after proving 12 years of uninterrupted and exclusive occupation."

"charge over property"

A legal or equitable security interest granted over real property to secure a debt, giving the creditor rights to enforce against the property if the borrower defaults

"The bank registered a fixed charge over the commercial premises as security for the business loan, meaning it could appoint a receiver and sell the property on default."

"title register"

The official record maintained by the land registry showing ownership, encumbrances, rights, and interests affecting a registered property

"A search of the title register revealed two mortgages, an easement in favour of the electricity board, and a restriction preventing the owner from selling without a co-owner's consent."

"quiet enjoyment"

An implied or express covenant in a lease entitling the tenant to possess and use the property without interference by the landlord or anyone with superior title

"The tenant brought a claim for breach of the covenant of quiet enjoyment after the landlord repeatedly entered the premises without notice to carry out unnecessary inspections."

"fiduciary duty"

The highest standard of legal obligation, requiring a person in a position of trust — such as a director — to act solely in the best interests of the beneficiary

"The minority shareholders alleged that the chairman had breached his fiduciary duty by diverting a corporate opportunity to a company he personally owned."

"piercing the corporate veil"

A court's decision to hold the shareholders or directors personally liable for corporate obligations, setting aside the normal principle of separate legal personality

"The judge ordered piercing the corporate veil because the defendant had used a series of shell companies solely to defraud creditors, with no genuine commercial purpose."

"shareholder derivative action"

A lawsuit brought by a shareholder on behalf of the company against directors or third parties when the company itself refuses or fails to act

"A group of institutional investors launched a shareholder derivative action against the board after internal reports showed the CEO's conflicts of interest had been systematically ignored."

"drag-along right"

A provision in a shareholders' agreement that allows a majority shareholder to force minority shareholders to join in a sale of the company on the same terms

"When the private equity firm agreed to sell the business to a trade buyer, it exercised the drag-along right to compel the two remaining co-founders to sell their stakes simultaneously."

"tag-along right"

A contractual right that allows minority shareholders to join a controlling shareholder's sale of shares on the same price and terms

"The investment agreement included a tag-along right, ensuring that if the founders sold more than 30% of their stake, the early-stage investor could participate in the transaction."

"due diligence"

The comprehensive investigation of a company's legal, financial, and operational affairs carried out by a buyer before completing an acquisition or investment

"During due diligence, the acquirer's lawyers discovered undisclosed litigation that materially affected their valuation and resulted in a substantial price reduction."

"material adverse change"

A clause in a merger or acquisition agreement that allows a buyer to withdraw if a significant negative event occurs affecting the target company between signing and closing

"The buyer sought to invoke the material adverse change clause after the target company lost its two largest customers in the month following the signing of the sale agreement."

"articles of association"

The constitutional document of a company that sets out the rules governing its internal management, shareholder rights, and the powers of the directors

"The board resolution was challenged on the grounds that the decision exceeded the authority granted to directors under the company's articles of association."

"copyright infringement"

The unauthorised use of a protected work — such as copying, distributing, or performing it — without the permission of the rights holder

"The publisher filed a copyright infringement claim after discovering that the defendant had reproduced three complete chapters of the claimant's textbook on a freely accessible website."

"trademark dilution"

The weakening of a famous mark's distinctiveness or reputation through unauthorised use, even without direct competition or consumer confusion

"The luxury brand successfully argued trademark dilution after a discount retailer used a phonetically identical name that tarnished the prestige of the original mark."

"prior art"

Any evidence that an invention was already known, described, or used before the date of the patent application, which can be used to invalidate a patent

"The defendant commissioned a prior art search that uncovered a 1994 academic paper describing essentially the same chemical process, which formed the basis of the invalidity argument."

"trade secret"

Confidential business information that provides a competitive advantage and is protected against misappropriation, provided reasonable steps are taken to keep it secret

"The company sought an emergency injunction after a departing employee was found to have downloaded the client database and pricing algorithms — core trade secrets — to a personal device."

"fair use"

A doctrine in US copyright law (and similar doctrines elsewhere) allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, education, or parody

"The documentary filmmaker relied on the fair use doctrine to include short clips from the contested footage, arguing the use was transformative and served a clear critical purpose."

"licensing agreement"

A legal contract in which the IP owner (licensor) grants another party (licensee) permission to use the intellectual property in exchange for royalties or other consideration

"Under the exclusive licensing agreement, the pharmaceutical company paid $15 million upfront plus tiered royalties in exchange for the sole right to commercialise the patented compound globally."

"passing off"

A common law tort protecting unregistered goodwill by preventing a trader from misrepresenting their goods or services as those of another

"The claimant succeeded in its passing off claim by demonstrating substantial goodwill in its trading name, a misrepresentation by the defendant, and resulting damage to the claimant's business."

"moral rights"

Rights retained by the creator of a work to be identified as the author and to object to derogatory treatment of the work, independent of economic copyright ownership

"Although the photographer had assigned all economic rights in the images to the agency, she successfully invoked her moral rights when the agency cropped and colourised the work without permission."