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Definitions and explanations of various legal terms and concepts related to contract law, tort, and jurisdiction. It covers topics such as abrogation, tort law, contract law, prosecution, jurisdiction, ratify, declaration of incompatibility, and directives. The document also includes related words and collocations for each term.
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Definitions:
“v. to annul or repeal a law or pass legislation that contradicts that contradicts the prior law. Abrogate is also applies to revoking or withdrawing conditions of a contract”.
From: Legal dictionary
“abrogation is the institute through which the legislator determines the cessation ex nunc (not retroactive) of the effectiveness of a juridical norm”. From: Wikipedia
Examples in contest:
“Fifa’s associations is to examine the progress made by Nigeria to regularize their statues their ongoing meeting in Zurich”. The congress of the Nigeria Football Association (NFA) passed a new governing law into effect in December 2004, to meet Fifa’s demand that the country’s government plays no further role in the management of the NFA. But the country’s parliament is yet to abrogate the previous law which gives the government the power to do so”. From: BBC NEWS 17 feb 2005
Mounting tensions on the Korean Peninsula reached a new level Tuesday as North Korean agency announced that the communist nation is severing all ties with is neighbor to the south and will “abrogate the agreement on non-aggression”. A spokesman for North Korea’s Committee for the Peaceful Reunification of Korea accused South Korean president Lee Myung-bak of falsely blaming Pyongyang for the sinking in March of the South Korean warship Cheonan, according to the state-run Korean Central News Agency. An official South Korean report accused the communist North of firing a torpedo at the ship, killing 46 sailors. From: The CNN Wire Staff May 25, 2010
Related words:
Abrogation(noun), abjure, abnegate, cancel, contradict, contravene, declare null and void
Collocations
Abrogating an appeal, express abrogation
Definitions:
“A wrongful act or omission for which damages can be obtained in a civil court by the person wronged, other that is only a breach of contract” Oxford dictionary of law
“The body of the law which allows an injured person to obtain compensation from the person who caused the injury”.
From: Duhaime Online Dictionary www.duhaime.org
(1) subject to the provisions of this Act, a person who is not a party to a contract (a third party) may in his own right enforce a term of the contract if (a) the contract expressly provides that the may, (b)subject to subsection (2), the term purports to confer a benefit on him.
From: “ Legal English and the Common Law ” by Alison Riley and Patricia pag 81
A clan chief who taught a young Barack Obama has died. Iain MacNiel, 80, was chief of Clan MacNeil of Barra. He was a popular figure on the island and put the family estate there into public ownership. He taught the future US president a course on contract law while a visiting professor at Harvard Law School.
From: BBC NEWS 17 FEB 2010
Relate words:
Act, reform.
Collocations:
The agreement between the two companies had to be drawn up following the terms of the current contract Law.
Translation:
Diritto contrattuale, leggi sui contratti
Definition:
Prosecution is the process of preparing and presenting the case against a person accused of crime, taking criminal preceedings against someone
From English for law by Alison Riley
the act of pursuing a lawsuit or criminal trial, i.e., the state. Where the civil litigant, or the state in a criminal trial, fails to move the case towards final resolution or trials reqired by the court schedule, the matter may be dismissed for want of prosecution or for failure to prosecute.
From Law dictionary
Examples in the context:
Before the introduction of the Crown Prosecution Service, the police was responsible for both the investigation and prosecution of crime.
The prosecution lawyers are CPS staff.
From: “ Legal English and the Common Law ” by Alison Riley and Patricia Sours pag 163.
An act to amend the Civil Aviation Act 1982 so as to provide for the prosecution of persons commiting offences on foreign aircraft while in flight to the United Kingdom.
From http://www.opsi.gov.uk Civil Aviation (Amendment) Act 1996
Related words:
Criminal prosecution-legal action
Collocation:
Prosecution of- Prosecution Lawyers
Translation:
Azione giudiziaria, prosecuzione dell’azione penale.
Definition:
the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.
From: http://dictionary.law.com Legal authority to judge or to act in a given situation or case.
From: http://www.duhaime.org
Jurisdiction is a term that refers to whether a court has the power to hear a given case. Jurisdiction is important because it limits the power of a court to hear certain cases. If courts did not exercise appropriate jurisdiction, every court could conceivably hear every case brought to them, which would lead to confusing and contradictory results. From: http://www.catea.gatech.edu
Example in context:
Barack Obama has just given the United Nations jurisdiction to go after the State of Arizona and the 22 other states that are attempting to enforce the immigration laws that he refuses to enforce. On August 20, the United States, for the first time ever, submitted a 29 page “Universal Periodic Review" (UPR) to the UN Human Rights Council which outlines a laundry list of alleged human rights abuses supposedly committed by the United States.
Definitions:
toaffirm, authorize
From: http://thesaurus.com
v. to confirm and adopt the act of another even though it was not approved beforehand From: http://dictionary.law.com
to adopt or affirm (as the prior act or contract of an agent) by express or implied consent with the effect of original authorization From: http://research.lawyers.com
Example:
After signing the Convention, written in two authentic texts in English and French, parties must ratify it. Ratification is a step by which the international obligation is assumed, in accordance with the national constitutional procedures of each state.
From: Legal English and common law by Alison Riley and Patricia Sours chapter three pag 104
U.S. President Barack Obama expressed hope on Thursday that the Senate would ratify a new nuclear arms reduction agreement with Russia before the end of this year's congressional term.
From: http://en.rian.ru
A graduate student union held a vote Tuesday across the UC system to ratify demands for upcoming contract negotiations and to authorize a strike if university representatives "refuse to negotiate."
From: http://webcache.googleusercontent.com
The upper house of Russia’s parliament voted Wednesday to ratify a key protocol on reforming the European Court of Human Rights (ECHR), allowing the reform to proceed after years of resistance from Moscow.
From: http://www.rnw.nl
Related words To affirm,To authorize
Collocations To authorize an act
Translation Approvare, certificare, omologare
Definitions:
a monarchy without constitutional limits
From: http://www.thefreedictionary.com
Absolute monarchy is a monarchical form of government where the monarch exercises ultimate governing authority as head of state and head of government, thus wielding political power over the sovereign state and its subject peoples. In an absolute monarchy, the transmission of power is twofold; hereditary and marital. As absolute governor, the monarch’s authority is not legally bound or restricted by a constitution as in a limited monarchy.
From: http://en.wikipedia.org
Example in context:
The prime example of an absolute monarch in history is Louis XIV, King of France from 1654 to
From: http://www.ehow.com
Saudi Arabia has very strict laws that have been put in place by the royal family. The people living in the country have no voice in an absolute monarchy.
From: http://webcache.googleusercontent.com
The Uk today is no longer an absolute monarchy, but has become over the centuries a constitutional monarchy: this means that the poker of the monarch are constitutionally limited.
From: “ Legal English and the Common Law ” by Alison Riley and Patricia Sours pag 59
Act provides the Crown with an entitlement to notice, where court is considering whether to make such a declaration. In further provides various parties with entitlement, to be enjoined in the proceedings. From http://www.opsi.gov.uk. Statutory Instrument 2000 No. The criminal Appeal (Amendment) Rules 2000 Related words:
Proclamation-Announcement
Collocation:
A declaration of incompatibility has been made- to make a declaration of incompatibility- a declaration of incompatibility does not effect
Translation
Dichiarazione di incompatibilità.
Definition:
In a negligence, any harm caused to a person, such as a broken bone, a cut, or a bruise. Any invasion of a personal right, including mental suffering and false inprisonment.
From Black’s Law Dictionary third pocket edition.
An injury to one’s body, mind, or emotions; an injury that is not to one’s property.
From FindLaw http://dictionary.lp.findlaw.com/
Examples in the context:
Each action corresponds to a category of tort, with the exception of personal injuries. This term refers to damnage in the form of physical injury to the person rather than damnage to property
From Legal English and common Law by Alison Riley and Patricia Sours pag 200
We have sought to do justice to the range of points of view expressed in this debate. In particular, we accept the contention repeatedly made by consultees that the fairness of awards is partly reliant on their being perceived to be fair. Accordingly we have commissioned research from the Office for National Statistics into public perceptions of what the levels of damages for non-pecuniary loss in personal injury cases ought to be. Our conclusion is that awards of damages for non-pecuniary loss in cases of serious personal injury are too low and should generally be increased by a factor of a least, but not more than a factor of 2 and 50 per cent for injuries which fall just within or proposed definitions of serious injury. We define a serious personal injury as one for which damages for pain and suffering and loss of amenity for that injury alone would be more than €2,000. We have reached the view that this increased would best be effected by the court of Appeal and/or the House of Lords, using their existing powers to lay down guidelines as to quantum in the course of personal injury litigation. If change is not effected in this way within a reasonable period, we recommend that damages should be increased by the enactment of a short legislative provision. it will be plain from the above that we do not recommend the extension of jury trial in personal injury cases. Rather, we have concluded that the assessment of damages for personal injury should always be for a judge and should never be left to a juri.
From http://www.bailii.org/Damages
Damages For Personal Injury: Not-Pecuniary Loss(Report) [1998] EWLC 257 (15 December 1998) To achieve a uniform passenger liability regime and make it fully enforceable in the EU, the Athens Protocol will also need to be transposed into EU law by regulation. Before 2004 the Commission will alo propose a regulation implementing the Protocol’s provisions relating to liability for tdeath and personal injury of passengers at sea which will harmonise the rules across the union.
From http://europa.eu/index_en.htm
Related words:
Damnum-privation-Prejudice
Collocation:
Directives impose an obligation on Member State to enact legislation to give effect to terms of the directive. In conditions laid down in the jurisprudence of the ECJ, a directive may be of the direct effect in Member State and confer rights on individuals against the state concerned and quasigovernmental entities in the state.
From Osborn’s Concise law Dictionary 10 edition.
Eu directives lay down certain results that must be archived in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member State, or all of them. Each directive specifies the date by which the nationals laws must be adapt. Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market.
From http://europa.eu The European Union multilingual website.
Examples in the contest:
“The European parliament and the council of the European union, having regard to the Theatry establishing the European Community, and in particular Article 95 thereof, having regard to the proposal from the Commission Acting in accordance with the procedure laid down in Article 251 of the Treaty whereas: Directive 95/46/EC of the European parliament of the Council of 24 october 1995 on the protection of individuals with regard to data requires Member States to ensure the rights and freedoms of natural persons with regard to the processing of personal data, and in particular their right to privacy, in order to ensure the free flow of personal data in the Community. This directive horminises the provisions of the Member States require to ensure an equivalental level of protection of fundamental rights and freedoms, and in particular the right to privacy, with respect to the processing of personal data I the electronic communication equipment and services in the community”.
From Legal English and the Common law By Alison Riley and Patricia Sours pag 25.
This text belongs in the contexts of European Community law. It is part of an EC directive know as the Directive in privacy and electronic communications: Directive 2002/58/EC of the European parliament and of the Council of 12 July 2002 concernig the processing of personal data and the protection of privacy in the elettronic communications sector.
A directive is a type of legislative text. In the Community context the treaties are primary legislation and Community acts, including directives are secondary legislation, enacted by the competed EU institutions. Member states must pass national legislation to give effect to the provisions of the directive in the national legal order. The directive on privacy and elettronic communications was implemented in the United Kingdom by ‘statutory instrument’ – a typical form of delegated legislation: the Privacy and Elettronic Communications regulations 2003 SI 2003 No.2426. In Italy the directive was implemented by means of legislative decree: Decreto legislativo 30/672003, N196-Codice in material di protezione dei dati personali GIURI n° 174 del 29/7/2003 pag 11
From Legal English and Common Law by Alison Riley and Patricia Sours pag 34.
Related words:
Directive. Judgement- Vertic- official Order.
From Mancmillan Dictionaries.
Collocation:
Prescribed by the directive- Later directive – Directives lay down – The directive is in force.
Translation:
Direttiva.
