"Legal Jargons for All and Sundry"
Post on: March 27, 2022
Some people are resolute in realising their dream no matter how long it takes. They may get on with their responsibilities and cares of the world, being fully immersed in the humdrum of daily living. But at the end of their mind, their dreams are always alive… awaiting the opportune moment for the flames to be ignited.
I know of a person who wanted to attain a Law degree in his 20s. However, circumstances necessitated that he had to pursue a business degree while holding on to a job. Years passed by, but the hope of realising his dream did not dissipate.
Decades later, at the age of 53, he accomplished his LLM in International Business — not only did he attain his Master degree in Laws, but he also achieved it with a commendable Merit classification! It was an arduous task getting back to books and grasping a subject on which he did not have any foundation. He struggled with the rigours of the course in the first term; he had to keep abreast with classmates who had a sound legal background.
Some of his classmates spiritedly participated in classroom discussions as though they were dissecting a case in court! Though astounded by their finesse and legal jargons, he plodded on stoically and worked his socks off. And having a wife who is legally trained helped him as he could clarify his doubts and engage in legal deliberations.
As time went by, his love for the subject and indomitable spirit made it more palatable. Soon he was able to assertively contribute to “critique and reforms” of the law during lessons and enjoyed it immensely.
“Jolly Good Times” welcomes such success stories as they may inspire others to scale greater heights in their respective fields. In the words of C S Lewis who famously said, “You are never too old to set another goal or to dream a new dream.”
In the same vein, we bring you ten legal terms that a layperson may have come across in his/her daily life and are worth echoing:
Wilful Blindness – Wilful blindness can be termed as intentional ignorance. In law, it describes a scenario where individuals seek to dodge civil or criminal liability for a wrongful deed. This is by means of deliberately keeping themselves oblivious of facts that would render them criminally liable.
Custodial Sentence – It is a sentence given by a court that comprises a term of imprisonment.
Moratorium – In the legal perspective, it refers to the temporary delay or suspension of a law to enable a legal challenge to be meted out. An example is animal rights activists requiring a hunting moratorium so as to protect endangered animals. This temporary suspension forbids hunters from shooting the animals in contention.
Forum-shopping – It describes a situation where litigants attempt to have their cases being heard in a court they consider as being the most advantageous to them.
Summary judgement – When there is adequate evidence to pronounce one party as the obvious winner of a case, a motion for summary judgement is thus granted.
Sub judice – This is a Latin term which dictates that something is under judicial consideration and hence, prohibited from discussion outside the court.
Mareva Injunction or freezing injunction — It is a court order which freezes the assets of a defendant until the plaintiff’s claim is determined. This is to thwart the defendant from transferring his assets to circumvent the enforcement of an impending judgement against him.
Conservatorship – It is a legal status to which a court appoints an individual to manage the financial and personal affairs of an incapacitated or incompetent person. The appointee or conservator may also serve as a guardian and is responsible for the physical care, and manages the living arrangement of the individual.
Alter ego – This is when a company is incorporated to act as a puppet of the controller. This is to shield the controller of the company against liability from a third-party. However, this may be defeated when the court lifts the corporate veil and exposes the controller as the alter-ego of the company.
Ipso Facto – It is a contractual provision that allows one party to the contract to terminate the operation of the contract upon the occurrence of a specified insolvency-related event. It may be carried out in the course of the appointment of a liquidator.
Were the legal jargons too hard to digest? On a lighter note — “How many lawyers does it take to change a lightbulb? None, they’d rather keep their clients in the dark. I hope a tinge of humour made it palatable to digest.
The Jolly Good Times hopes these terms come in handy in your everyday usage. If the terms are worth knowing, it has to be shared. Invite your buddies to Like us on Facebook and our Website.
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