LegalandLawIdioms.doc

Legal & Law Idioms

after the fact
- after something (a crime etc.) has occurred
We were told, after the fact, that the company would not pay compensation to the fire victims.

an act of God
- an event or accident due to natural causes for which no human is responsible and which could not have been avoided by planning ahead (a storm, an earthquake, a volcano etc.)
The insurance company refused to pay the money because they said that the forest fire was an act of God.

assemble a case (against someone)
- gather the evidence needed to make a legal case against someone
The prosecution was unable to assemble a case against the man.

assume liability
- accept the responsibility for paying the cost of something
The business refused to assume liability for the dangerous products.

at arms length
- at a distance, a transaction in which each person (who is not related to you) acts in their own self-interest
We purchased the property at arm's length and were not involved in any management decisions.

bail (someone) out
- pay a sum of money that allows someone to get out of jail while waiting for a trial
The family of the accused criminal paid much money to bail him out.

beyond a reasonable doubt
- a legal phrase meaning that something is almost certain
The judge sent the man to jail because he believed, beyond a reasonable doubt, that he had committed the crime.

bona fide
- "in good faith" (from Latin), without any element of dishonesty or fraud
The mediator asked the two sides in the dispute to make a bona fide effort to solve the dispute.

a breach of promise
- the breaking of a promise which may also be a breach of contract
The couple was accused of breach of promise when they broke the contract to buy the condominium.

a breach of the peace
- causing a disturbance, violent or disorderly behavior
The man was charged with breach of the peace when he began fighting with the store clerk.

break the law
- fail to obey the law
The woman was forced to quit her job after it was discovered that she had broken the law.

build a case (against someone)
- gather the evidence needed to make a legal case against someone
The legal team was working hard to build a case against the suspected car thief.

burden of proof
- the necessity to prove a disputed fact as required by the laws of evidence
The burden of proof during the trial fell on the man who had accused his employee of theft.

(do something) by the book
- follow all the rules when you do something
Our lawyer is very good and he does everything by the book.

a case of mistaken identity
- incorrectly identify someone
The young man was arrested in a case of mistaken identity.

causing a disturbance
- an offence committed by fighting/screaming/shouting/swearing or being drunk in public
Several of the fans were arrested for causing a disturbance after the football game.

caveat emptor
- "let the buyer beware" (from Latin), a buyer of something is responsible to examine the goods that he or she has purchased
Caveat emptor is a good concept to remember when you are buying a used car.

to cease and desist
- a legal phrase which means to stop doing something and not start again - often used in the form of a cease and desist order
The woman's husband was given a cease and desist order to stop bothering her.

circumstantial evidence
- indirect evidence
My court case was difficult to win as most of my evidence was circumstantial evidence.

citizen's arrest
- an arrest which may be made by somebody without a warrant when somebody commits a crime
The local politician tried to make a citizen's arrest of the violent beggar.

civil action
- legal action that deals with private or civil matters
The couple decided to take civil action over their complaints about their neighbor's dog.

civil law
- the area of the law which deals with civil/private matters such as violations of contracts (different from criminal law)
The lawyer had much experience in civil law and almost none in criminal law.

class action lawsuit
- a lawsuit on behalf of a group of persons in a similar situation or who have suffered a similar wrong
The workers filed a class action lawsuit against the company for damage to their health.

come by (something) honestly
- get something honestly
The woman came by a large amount of money honestly but many people wondered where it had come from.

come clean (with someone/about something)
- be completely honest with someone or confess something to someone
The man decided to come clean with the police and he confessed everything about the crime.

commercial law
- the area of law that governs commerce/trade/merchandising
The lawyer has specialized in commercial law since he first became a lawyer.

common law
- the law that is not written in statutes but is based on custom and court decisions of the past (most often with its origin in the old unwritten law of England)
Through research into previous cases of common law we were able to make a decision on how to proceed with our case.

common property
- real property owned by a group of tenants in a condominium or subdivision which everyone has the right to use, land that is owned by the government which everyone can use
The bicycles were common property and anyone in the apartment complex could use them.

community property
- property belonging jointly to a married couple or acquired during their marriage
The couple decided to divide some of their community property and give it to their children before they left to do volunteer work overseas.

comparitive negligence
- in a civil lawsuit where the fault (negligence) of the two parties is taken into account in assessing damages
The judge determined that it was a case of comparative negligence and the landlord and the tenant were both forced to pay damages.

conclusive evidence
- evidence that is so strong that it proves the point in question beyond reasonable doubt
The witness offered conclusive evidence that led to the conviction of the criminal.

conditional sale
- a contract where the title to the goods being sold will not go to the purchaser until a certain condition is fulfilled
The sale of the house was a conditional sale and I had to talk to my bank manager before the deal was complete.

consecutive sentences
- sentences that are given to someone and which run one immediately after another
The criminal was given three consecutive sentences for the murder of the young girls.

contempt of court
- disobedience of the orders and authority of the court, disrespect for the court process
The judge ordered the man to be held in contempt of court when he was several hours late for the trial.

crack down on (someone or something)
- enforce a rule or law more strictly
The police recently decided to crack down on speeding cars.

criminal law
- the law that is concerned with crimes by people against the state/society with the function to punish the offender
The university law department had one of the best criminal law libraries in the country.

dangerous offender
- a person who has been convicted of a violent or sexual crime and is a continuimg threat to others
Several dangerous offenders escaped from the prison last week.

disorderly conduct
- disturbing the peace
The football fans were charged with disorderly conduct after the fight during the game.

disturbing the peace
- disorderly/violent /threatening conduct, an interruption of the peace and tranquillity of the community
Two men were arrested for disturbing the peace when they got into a fight in front of the shopping mall.

draw up an agreement/contract
- put something into writing, prepare a written statement
I spent several hours with my lawyer trying to draw up an agreement to buy the small business.

due process (of law)
- the rights that each individual has to be protected by the law
Although the man was accused of theft by his employer, he knew that he was entitled to due process of law and would have no problems proving his innocence.

examination for discovery
- an oral examination that is taken under oath in which each side to a lawsuit has the right to examine the other side's witnesses before a trial or hearing
The man spent several hours in an examination for discovery session in connection with his case.

expert witness
- an expert or specialist whose opinions are used as evidence in a trial or hearing
The lawyer called in an expert witness to discuss the handwriting of the accused man.

extenuating circumstances
- special circumstances that explain an irregular or improper way of doing something
Because of extenuating circumstances, the man was able to avoid going to jail for stealing the money.

false arrest
- unlawful physical detention
It was a case of false arrest when the man was arrested as a suspect in the robbery.

false pretenses
- intentionally misrepresent facts to cheat or defraud someone
The woman was acting under false pretenses when she went to the bank and asked for a loan.

false witness
- a person who deliberately offers inaccurate evidence
The man was accused of being a false witness after he testified at the trial.

fee simple
- absolute title or ownership of real estate
The property was sold fee simple by the woman.

for cause
- reasons which the law accepts as justified
The man was fired from his job for cause after several violations of his contract.

free and clear
- own something fully with no money owed or other restrictions on the item or property
My parents own their home free and clear.

give notice
- inform an employer, employee, landlord or tenant that a contractual agreement will end
The woman gave notice that she will leave her job next month.

go into effect
- a law or rule becomes effective or in use
The new parking law will go into effect at midnight.

go legit
- begin a legitimate (honest) business after having been operating an illegal business
The brothers decided to go legit and get the proper licenses for their small business.

go on record
- make an official statement rather than an informal one
The mayor of the city plans to go on record as being opposed to the new convention center.

goods and chattels
- personal property (as opposed to land and buildings)
All of the goods and chattels of the man were seized by the bank to pay for the bad loan.

grace period
- a period of time (often about 30 days) after the due date for something
I was given a 30-day grace period in which to pay the speeding ticket.

gray area
- an area of a subject that is not clearly defined
Smoking outside of public buildings is a gray area that the smoking law does not deal with.

grounded in fact
- based on facts
The decisions that were made during the legal discussions were grounded in fact.

grounds for (something)
- a cause or reason for legal action such as a lawsuit
The fact that the woman had lied to her employer was grounds for her being quickly fired from the company.

have a brush with the law
- have a brief experience or encounter with the law
The man had a brush with the law when he was a teenager.

have a case (against someone)
- have lots of evidence that can be used against someone
The police do not have a case against the young woman.

(do not) have a leg to stand on
- do not have the facts to support or win an argument or a legal charge that is made against you (usually used in the negative)
The apartment manager tried to evict the young family but he didn't have a leg to stand on and he lost the case in court.

have a run-in with (the law/someone)
- have a bad or unpleasant encounter with the law/someone
The couple had a run-in with the law when they were on their holiday.

have (someone) dead to rights
- prove someone absolutely guilty
The police had the man dead to rights when they videotaped him stealing the car.

have (someone) in one's pocket
- have control over someone
The businessmen have the mayor of the city in their pocket.

have the right to (do something)
- have the freedom or legal right to do something
The lawyer did not have the right to ask personal questions during the trial.

a hung jury
- a jury that is divided and unable to agree on a verdict
There was a hung jury after the trial of the pop star.

implicate (someone) in (something)
- suggest that someone is involved in something
The president of the company was implicated in the scandal over the expense account.

in abeyance
- the temporary suspension of an activity or a ruling
My grandfather's estate settlement was in abeyance while the lawyers looked at his will in more detail.

in accordance with (something)
- conforming to something
The new contract was written in accordance with the new employment law.

in arrears
- late or overdue (usually for bills and money)
My account at the department store was in arrears so the manager phoned me.

in bad faith
- insincerity, with bad or dishonest intentions, the intention to deceive someone
The manager was acting in bad faith when she refused to give the documents to the other department.

in consideration of (something)
- after thinking about something
In consideration of the amount of time that I had spent on the case I charged a lot of money for my services.

in/have custody of (someone or something)
- being guarded or protected by someone or some group
The police put the man in custody last night.

in debt
- owing money
The woman is in debt to the furniture store.

in dispute
- something that is in disagreement
Most parts of the agreement are not in dispute.

in effect
- a law that is necessary to obey
The new law has been in effect for three months now.

in favor of
- in agreement with
The members of the panel voted in favor of postponing the meeting.

in good faith
- with good and honest intentions
I went to the mediation session in good faith to try and resolve the dispute.

in kind
- in goods rather than in money
We were paid in kind for our time planning for the convention.

in lieu of (something)
- instead of something
In lieu of being paid for our overtime work we were given extra time off.

in perpetuity
- forever, eternally
The man was promised by the city that he would receive a discount on his water bill in perpetuity.

in person
- personally, yourself
The man was asked to appear in the courtroom in person.

in plain English/language
- in simple and easy to understand language
The legal contract was written in plain English so that we could easily understand it.

in private
- secretly, not openly or in public
The discussion between the two judges took place in private.

in public
- openly so others can see, not secretly
The new smoking law do