GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS

A Fortiori Action Ex Delicto Agency hearing and decision, If a statement is true, A cause of action arising A fiduciary relationship in which is usually binding. inference there from is out of fault, misconduct or which one person acts for Assign true malfeasance. another, with his authority. To transfer an interest in Ab Initio Ad Hoc Agent property or other From the beginning (Latin: "For this") for a An individual who agrees to rights to another. Assigns: particular purpose, like act on behalf of another. those who so take or Abandonment interim bill without details. receive such interest or Deliberate and willingly Allegation rights. giving up performance of Ad Infinitum The statement of the issues contract ( L a t i n : ' To i n f i n i t y " ) to be proved; a declaration Attest Unlimited; continuing or assertion of fact issued in To declare and affirm as Abeyance without bounds. pleading. true; to bear witness as a U n d e t e r m i n e d o r document is executed. incomplete, suspended Adhesion Contract Amicus Curiae state of affairs An agreement so clearly A non-party who calls the Averment favouring one party, as c o u r t ' s a t t e n t i o n t o A declaration or allegation Abrogate f r o m i n e q u a l i t y i n information that it needs to of facts in a pleading. To annul, destroy, revoke, bargaining power, that it make a proper judgment. cancel Bankruptcy raises doubts about its Annul Insolvency; a debtor's Abuse Of Process voluntary nature - one To avoid or dissolve, from i n a b i l i t y t o p a y h i s Misuse of civil process for sided contract. the beginning. obligations as they are due. the purpose other than Adjourn intended by law. Ante Bench To postpone, disperse or (Latin): Before, prior, The judge's position in the Abut put off until a later time. preceding. courtroom. The court or To adjoin or border upon Adjournment of meeting. judges collectively. Anticipatory Breach Accord & Satisfaction Adjudicate T h e v i o l a t i o n o f a Best Payment, usually of a To consider and pass contractual agreement In the law of evidence, a smaller amount than judgment on a controversy before actual performance rule requiring that the c o n t r a c t e d f o r , i n b a s e d o n e v i d e n c e is required, usually by original of a writing be e x t i n g u i s h m e n t advanced. declared repudiation that produced, not a copy, unless (satisfaction) of a debt, Admissible Evidence the contractor cannot or will compelling reason is shown. agreed upon (accord) by Information that can be not perform his duties. the obligor and the obliged. Bill received into Arbitral Appeal A statement of proposed Accrual Tribunal to aid the Arbitrator A request for a higher court new legislation. T h e g a t h e r i n g o r in deciding a case to review judgment of the accumulation, such as of Bill Of Lading Affidavit court below. interest in a savings A written acknowledgement A statement in writing, made account. Apportion of the receipt of goods and under oath before a notary To divide equitably or fairly, the responsibility for Acquiescence public or other qualified proportionally, but not shipping them to an P a s s i v e c o m p l i a n c e : p e r s o n , i n c l u d i n g necessarily equally. addressee. conduct from which guilt or Arbitrators. consent can be implied, Arbitrary Blackmail Affirmative Defense p a r t i c i p a t i o n w i t h o u t Not according to a fixed Extraction of value from a Not simply a denial of a protest. standard, but resulting from person by means of threats charge, but assertion of new one's opinion or will. of injury or accusations that Action evidence to exonerate or defame him. Process in which one party avoid judgment against the Arbitration prosecutes another for a defendant. The submission of a Boiler Plate wrong or to protect a right or dispute to an impartial third Standardized contract prevent a wrong. party for an informal provisions; the parts of a GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS contract that do not deal Caveat Counteroffer specifically with the (Latin: "Take care, beware.") A key element in all An offer, made in response particular matter at hand. A warning or direction for , something of to an original offer that caution. value given in exchange for changes its terms and Bona Fide a promise of performance requires affirmation from (Latin: "In or with good Circumstantial Evidence by the other party. the original offeror. faith") genuine, without Indirect evidence, the result fraud or deceit. of reasoning instead of facts. Consortium Course Of Dealing A business group venture. Conduct of parties prior to Bond Citation making a contract A written instrument Reference to a source of Construction guaranteeing payment of a legal authority. An order to An interpretation developed Covenant sum. appear in the court on a t o g i v e m e a n i n g o r A formal agreement or specific day. coherency to statutes, promise to do or not to do a Breach contracts, etc., which would specific act. The failure of a party to Claim otherwise remain vague or perform as promised. A demand, an assertion of Cross Claim ambiguous a right A claim that is brought by Brief Constructive the co-plaintiffs or co- A written summary of a Classification Of Risks That which is not actual or defendants against each lawyer's legal point and The section of an insurance real, but accepted by law as other. authorities supporting his policy that lists the types of the equivalent. version of the facts. events and risks covered Cross Examination by the policy Contract Interrogation of a witness Burden Of Proof A promise or set of by the opposing counsel The duty of a party to a Coercion promises recognized by after direct questioning by lawsuit to establish an Compulsion, by force or law as a duty and for which the side who introduced the issue in order to prevent other means, to destroy the law provides a remedy witness. dismissal of his case or to free will for a breach. The elements convince the court about Damages Collateral o f t h e c o n t r a c t a r e the truth of his claim. Money awarded by a Court Secondary, auxiliary, at or competent parties, legal to compensate for a civil C.I.F. by the side. Property subject objective, consideration, wrong such as a or a Cost, Insurance and freight to a secured interest. plus mutual agreement and . charges included in quoted obligation. Collusion price as a part of a contract De Facto An agreement to defraud a Contractor (Latin: "In fact, actually, in Caption third party of his rights. It A party to a contract, one r e a l i t y " ) D e f a c t o The heading of a document implies illegality, either in who contracts to do the segregation, for example, telling the names of parties the means used or the end work of another. simply occurs without and when, where and gained. Counsel prompting from law. under whose authority the Concealment An attorney who represents document is issued. De Jure Withholding material a client (Also: Counselor). (Latin: "By right, by law, Case Law information from one who Counterclaim legitimate, by justice") De The aggregate of judgments has right to it. A counter-demand by a jure segregation, is intended already rendered on an Condition defendant against the and sanctioned by law. issue of law(as opposed to A requirement, either past, plaintiff, not merely denying statutes covering the topic) De Novo present or future, attached claims asserted by the (Latin: "Made anew, Cause Of Action to an agreement as part of plaintiff but alleging a renewed.") A second time. A factual situation sufficient contractual obligations. separate cause of action Proceedings de novo, an to prompt enforcement of a that will oppose or deduct Consensual Contract appeal for an entirely new right, a claim sufficient to from the plaintiff's claim. An unwritten oral agreement, conducted by another bring a lawsuit made by the contracting tribunal. parties. GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS

Declaratory Judgment another to do what he action previously taken by Fault A c o u r t j u d g m e n t would otherwise not do. that party. The responsibility for establishing the rights of negligence or a . Duty Et Al the parties without ordering Conduct owed by the L a t i n : " A n d o t h e r s . " Fiduciary any remedy or damages. obligation to another. Abbreviation for et alii). An individual who has a Deed Legally, a sanctioned Evidence duty to another by virtue of A legal instrument that o b l i g a t i o n w h i c h , i f The entire means used at h i s responsibility or effects a transfer of real breached, makes the trial or in an investigation in stewardship of that person's property offending party liable, order to prove or disprove affairs or created by regardless of the existence Default ant alleged matter of fact. undertaking. of a contract. Any failure to perform or Ex Parte discharge a duty without Duty To Mitigate Damages (Latin: " In part") In behalf of (French: "Greater force") A cause. The obligation of a plaintiff the application of one party superior unyielding force- to reduce his injury if Defendant only. A proceeding that Acts of GOD; beyond the reasonably possible so as In civil matters, the involves consideration of control of a party not to take advantage of the respondent to the original one side's approach only, if defendant. Foreclosure complaint by plaintiff. the other party does not The termination of the right Encumbrance participate. Demur to a property, in real Any legal liability on land, To object. A demurring or Examination In-Chief property, an action to such as easement, that formal objection. Deposition / replies by a compel payment of a debt does not interfere with witness introduced by such as mortgage, secured Dictum passing of title but which party. It could be direct or by by a lien. A comment, remark or diminishes the property's way of affidavit. statement in judicial v a l u e o r o b s t r u c t s Forum opinion not essential for the performance of contract on Exculpatory Clause A tribunal or court where decision of the case. the encumbered site. A provision that excuses disputes are decided using one or more parties from legal principles. Direct Examination Equitable any liability from the Questioning of a witness by A rule allowing a person Fraud agreement the counsel who presented acting in reliance on a Deception, intentionally that witness. promise to seek a court Expert Witness causing loss/injury to remedy if the promise is A witness recognized as another. Disclaimer revoked or dishonored. having special knowledge A r e n u n c i a t i o n o f a Frivolous of the subject he testifies on. previously articulated claim Equity Clearly insufficient as a or right Justice, or a form of justice, Express Warranty matter of law, obviously based on what is fair and An overt assurance or lacking in substance. Discovery right as opposed to what is guarantees, an expressed Pre-trial procedures in Garnishment in formal written law. promise to indemnify for which one party obtains A proceeding in which a any loss if that which is information about the claims Escrow plaintiff attached goods or assured should prove and defenses asserted by A document which puts money that are in the hands untrue. the adverse party. property in the care of the of the third person but that t h i r d p a r t y p e n d i n g Expressed Statement are due to a defendant. Dissent fulfillment of the owner's A definite, as opposed to To express disagreement General Denial obligation to someone else. implicit, statement of fact or or a contrary opinion about A defendant's pro forma In escrow, property in such opinion, either written or oral. a matter, a judge in the denial of all; charges a condition. Escrow Account. minority on a panel often Fact lodged against him. writes a dissenting opinion Estoppel An event deemed proven to Generic A legal doctrine that bars or a jury, anything that has been Duress General, referring to a class precludes a party from done or that has existed. Compulsion by one party of of related things, as opposed making a claim contrary to to "specific" GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS

Germane writings or words, but Inter Alia structure and forms, as I m p o r t a n t , i n c l o s e determined by deduction Latin: Among other things. opposed to the content of relationship, appropriate, from known facts or law. The science of law. Interest pertinent. evidence. ( F r o m t h e L a t i n Compensation paid for the jurisprudents: "Skilled or Gratis Implied Contract use of money. Ownership experienced at law".) ( L a t i n : " W i t h o u t A contract arising not from a or a share in property. recompense.') Without written instrument or Laches Interlocutory consideration, reward or spoken words but from the (French: "Set free, let go.") Temporary, provisional, not compensation. Free. See. conduct of the parties A doctrine in equity, holding final. An interlocutory consideration. that long neglected claims decree is often issued or rights should not be Gratuitous Promise A guaranty of fitness temporarily during a trial. enforced, made specific in A promise made without implied by law to apply Inventory statutes of limitations. requiring any consideration goods sold unless expressly A form of discovery in civil in return; ordinarily not transferred otherwise. Latent Defect action in which parties are enforceable as a contract. A flaw in goods or property Impute given a set of questions to not easily observable in a Guarantee/Guaranty To attribute to a person be answered under oath. casual inspection. Latent An agreement under which o r e n t i t y t h e l e g a l Ipse Dixit construction defect. o n e p a r t y a s s u m e s responsibility for the act of (Latin: "He himself says it.') r e s p o n s i b i l i t y f o r another because of the Law An assertion without performance, or for the debt relationship between the two. The body of government authority other than that of or default of another. See enacted rules of conduct In Camera the speaker. also.: accommodation among individuals in a (Latin: "in the vault or paper Ipso Facto society as interpreted by chamber.") Refers to actions (Latin: "The fact itself.") In Courts. Hearsay Evidence taken by a judge/tribunal not and of itself by the fact Statements by one person in presence of outsiders. Leading Case itself. as having been made out- The most authoritative or In Personam of-court by another who is Issue influential prior decision of (Latin: "At, in, against the not a witness. To circulate and send out. the point of law under person') In pleading, a Descendants. A certain discussion. Hypothetical Question liability action brought dispute of fact or law taken An inquiry based on against an individual or Leading Question to court. assumed and proven facts, individuals. A query of a witness that posed to an expert witness Jeopardy suggests the desired In Rem during trial. Risk or peril; loss answer. (Latin: "Against the thing.") Ibid Action against the thing Joinder Liability (Latin: abbr. for ibidem: "In (property) rather than The combining of two or A duty to perform or refrain t h e s a m e p l a c e o r against the person. more claims into a single from doing something. An manner.") Used to avoid lawsuit. obligation to pay money. In Toto repetition of material to be Latin: In total, in entirety Joint And Several License found on the same page as A condition in which A right or permit granted an immediately proceeding Independent Contractor individual rights and someone that enables him reference. One having direct control liabilities are also shared to do something he could over means of performance Illusory Promise collectively by a group. not legally do without who agrees with another to A f a l s e , d e c e p t i v e permission. perform the work neither Judgment statement that is so having the right to negate The final decision of a court Lien indefinite that it cannot be the contract at will. on a matter brought before A charge, security or enforced legally. it. encumbrance upon one's Injunction Implied property created by an A judicial order requiring a Jurisprudence Not explicitly expressed in obligation. party to refrain from doing a The study of legal system particular action. GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS

Liquidate Mediation Nudum Pactum subsequent case. The To determine an amount The procedure under which (Latin: "Naked agreement") overruling voids the prior due and to extinguish that a dispute is settled by A bare contract a naked case's value as precedent. claim; to settle submitting it to an impartial promise, without ant Parole Evidence Rule third party- mediator similar obligation or consideration A substantive rule providing to conciliation. on the other side. Usually A specific amount of generally that once a not enforceable. damages stated in a Mitigation Of Damages written contract is made, no contract to be owed by one A legal requirement that Nullity testimony about oral party in event he breaches one injured by another's A void act or one having no understandings made at the contract. breach or tort must reduce force or validity the time or prior to the his damages and avoid contract will be admissible Lis Pendens Oath aggravating the injury (Latin: "A pending lawsuit.") An affirmation of the truth of whenever possible. Pendente Lite A doctrine under which any a declaration; if knowingly (Latin: "Suspended, or property involved in a Mutuality Of Contract given to false p e n d i n g a c t i o n . " ) l a w s u i t c a n n o t b e The reciprocal obligations testimony, it subjects the Suspended by the lawsuit, transferred or sold except a n d r e s p o n s i b i l i t i e s oath taker to perjury pending litigation. Refers subject to the outcome of imposed upon parties to a charges. generally to the matters the suit. contract Obiter Dicta contingent upon the Malfeasance Natural Law (Latin: "Said in passing.") outcome of the suit. Performing an unlawful or A system of rules and Passing or incidental Per Se wrongful act, usually in principles for the guidance statements. In court Latin: By itself performance of official o f h u m a n c o n d u c t , opinions, comments not duties as a public official. independent of any written vital to the disposition of the Peremptory l a w, t h a t m i g h t b e case. Absolute, final, conclusive, Mandate discovered by the rational not vulnerable to question A judicial order that Objection intelligence of man as or appeal. commands or orders some The protesting on legal agreeable. action. See; injunction g r o u n d s o f a c o u r t Performance Negligence procedural decision. The completion of an Material The failure to exercise the obligation or promise, Important or necessary. Obligee degree of care that a particularly under a contract Material fact: information The party on whose behalf reasonable man would necessary to decide a case a contractual obligation is Perjury display in the same or to enter into a contract. made. Making false statement circumstance. Material witness: a person under an oath, a criminal Obligor who can provide key Nominal Damages offense. One who engages to information in a trial. A small sum, often one perform some contractual Plaintiff d o l l a r, a w a r d e d a s Matter Of Fact obligation. The person who initiates a damages to recognize that Testimony decided upon as suit, the party bringing a a legal wrong has been Offer factual, apart from a court action. committed but that the A stated willingness to decision as to its legality. recovery of substantial bargain made to encourage Plea Matter Of Law damages is not warranted another party to consider A defendant's formal The legal significance of (in tort not in contract). that his assent is sought answer to charges against facts in contention decided and its granting will him. Notice by a judge. complete the deal. Communicated information Pleadings Matter Of Record from an authorized person Overrule Legal statement of facts that Something provable by or derived from a proper To overturn the holding of a constitutes the plaintiff's checking existing papers or source. prior case and render it cause of action and the documents void, usually by a court in a defendant's grounds for denying the matter. GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS

Power Of Attorney Primary Evidence Rescission A written authorization by a Proof, such as the original (Latin: "As much as he The cancellation of a person for an agent to act of a document, that gives deserved") A concept contract, by mutual consent legally on his behalf. greatest certainty designed to prevent unjust of the parties or by decree enrichment by providing of a court, returning the Privity Prayer payment for services parties to the positions they A relationship between The section of a complaint rendered even when no occupied prior to the parties from which a or petition setting out the contract is entered into. contract. Nullity. mutuality of interest arises relief requested. Quasi Revocation Pro Rata (Latin: "Just as if, a sort of.") C a n c e l l a t i o n o f a n Preamble (Latin: "According to the Similar but different; instrument or the recalling An introductory clause that rate") In proportion. seemingly; so to speak of authority granted. details a document's intent Pro Se or purpose. Query Rider (Latin: "For himself") In A question; to seek answer. A clause added to a one's own behalf. An Precedent An indication that the legislative bill or contract, individual who represents A case, decided previously, p r o p o s i t i o n u n d e r often markedly altering the himself in a legal action recognized as authority for discussion is open to terms or irrelevant to the without counsel acts pro se. determining the outcome of question or is not settled. main document's purpose. other cases. Promissory Estoppel Quid Pro Quo A doctrine in equity holding Royalty (Latin: "What for what?") Prejudice that an individual who Payments made for the use The consideration one An indication of a cause's makes a promise that is of a protected item, receives in return for finality. A case dismissed relied upon by another particularly a patented or something he promises, w i t h p r e j u d i c e i s cannot later deny that a copyrighted work. gives or does. considered decided on the contract has been made. merits and may not be re- Rebuttal Evidence Secondary Evidence Promissory Note filed; one dismissed without Anything that tends to Material from a non- A type of negotiable prejudice does not bar a disprove, overcome or primary source, such as a instrument in which the subsequent suit on the dispel previously offered copy of a contract rather maker promises to pay a same cause of action. e v i d e n c e o r l e g a l than the original document sum certain at a particular presumptions. itself. time or times, or on Preponderance Of demand. Sum certain: a Reliance Evidence Set-Off s p e c i f i c a m o u n t , a s T r u s t , c o n f i d e n c e , The standard of proof in distinguished from a sum dependence upon what is general civil cases: the A defendant's counterclaim that is not and cannot be considered sufficient trust version of facts more likely arising from a separate made certain. or authority. Detrimental to be true than not. cause of action; it can reliance prompts an Public Domain diminish the plaintiff's individual to take steps that Presumption All lands and waters owned recovery if granted. worsen his position An assumption, based on a by the government (as rule of law that requires a opposed to that owned by Res Judicata Sic fact to be accepted from private individuals and (Latin: "A thing decided or Latin: Thus, so, in such a another set of facts, and corporations) judged") A doctrine under manner given legal weight as true. which a decision is binding Punitive Damages upon the same parties in Sine Qua Non Money awarded by the Prima Facie future litigation involving (Latin: "Without which Court for the purposes of (Latin: "At first view.") the same cause of action. nothing (is).") That which punishing the defendant. Requiring no additional (Also: res adjudicata) must be first proved to exist No application in Arbitration support to establish validity applies to claim not or to have happened before or credibility pressed. GLOSSARY OF LEGAL TERMS FOR ENGINEERS GLOSSARY OF LEGAL TERMS FOR ENGINEERS another thing can exist. terms of a contract so that One sided, by one party its authenticity. Something essential, the goal of the contract is only indispensable. reached. Words Of Art Phrases or words that Specific Denial Tender A principle in contract law h a v e a n a c c e p t e d A court's refusal to pursue a The unconditional offer to under which a party who is meaning in a particular p a r t i c u l a r a l l e g a t i o n perform, accompanied by unjustly enriched at the discipline. e.g. "last clear contained in a complaint. an ability to do so, if refused expense of another is chance" in the law. without justification, it r e q u i r e d t o m a k e places the refusing party in A r e m e d y i n e q u i t y restitution. default of the contract. requiring a party in a breach of contract suit to perform Tort V all obligations under the (Latin, torquere: "To twist, Latin, abbreviation for contract. hurt." French: tort. "A versus: against wrong, a hurt.") A civil or Stare Decisis private wrong, an injury Vicarious Liability (Latin: "To stand by or upon outside of contract resulting The imputation of legal what is decided")Rule from a breach of legal duty. liability upon one person for under which courts follow actions of another. generally those legal Trespass principles established in A wrongful disturbance or Vitiate former court decisions. interference with the To annul or void, to impair. Statute property of another. A law enacted by a Void legislature Trial Unenforceable, empty, A proceeding before a ineffectual, having no legal Statute Of Limitations competent tribunal to force. A law which sets time determine the facts and/or period during which a party law in a dispute. Waiver must act to enforce a right A voluntary and intentional or be barred from doing so. Tribunal surrender of a known right. Stipulation A judge, officer or body An agreement between possessing authority to Warranty parties to a suit as to facts adjudicate disputes. A p r o m i s e b y o n e or other matters involved c o n t r a c t i n g p a r t y t o Ultra Vires indemnify the other party Strict Construction ( L a t i n : " O u t s i d e t h e for any loss if specific facts Interpretation strictly powers.") Beyond, outside prove to be untrue. confined to the expressed of, in excess of powers. terms of a law or contract Weight Of Evidence with particular attention to The relative value of all the literal meaning of the Improper constraint or evidence on one side of a worlds. See; construction persuasion that can dispute compared with all Sub Judice invalidate a contract. that on the other. (Latin: "Under judicial Rescission can be ordered consideration") Not yet if the influence of one party Witness determined is judged to have destroyed One who gives testimony the free choice of the under oath in a case; or one Substantial Performance contracting party. who views the execution of The completion of all a document and attests to essential and important Unilateral