Legal and Administrative Writing : Etymological Dictionary
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LEGAL AND ADMINISTRATIVE WRITING : ETYMOLOGICAL DICTIONARY THE LATIN ETYMOLOGY , PHILOLOGY AND EXPLANED ORIGIN OF 800 ENGLISH LEGAL AND ADMINISTRATIVE TERMS BY PROFESSOR GAETANO PALUCCIO - LEGAL AND ADMINISTRATIVE WRITING LECTURER - INTERPRETER IN THE COURTHOUSE AND CORRECTIONAL CENTER OF CROTONE ( ITALY ) FIRST EDITION : APRIL 23 / 2014 LAST EDITION : JANUARY 13 / 2016 COPYRIGHT ( APRIL 23 / 2014 ) BY PROF. GAETANO PALUCCIO ALL RIGHT RESERVED THIS GLOSSARY HAS BEEN PUBLISHED ON THE CANADIAN SELFPUBLISHING WEBSITE WWW.LULU.COM ( AMAZON GROUP ) ON APRIL 23 / 2014 ). FOR EVERY KIND OF SUGGESTION , INFORMATION OR MARKING OF MISTAKES, PLEASE SEND AN E-MAIL TO THIS ADDRESS: [email protected] / [email protected] A ABACTION stealing of cattle . From latin "abactus" = brought away. ABDICATION to renounce at a throne . From latin "abdicere " = to refuse. ABDUCTION = unlawful restraint of person , unlawful carrying away of a person from his place of abode and against his will. From latin "abducere" = to take away with strenght / "ab" = from / "ducere" = to lead far . ABIDE AND SATISFY TO AN ORDER observance and fulfilment of an order issued by a judge. From latin " ab " = by / " idem " = the same / " satis " = sufficient / " facere " = to do. In figurative sense, a person does a sufficient performance , the same performance that has been ordered by a judge. ABJURATION OF ALLEGIANCE renunciation to the binding relationship between a person and his State of origin , when there is the change of citizenship. From latin " abdicare " = to refuse / " iurare " = to swear / " illigatum " = to be involved, to be bound. Therefore to refuse the swearing made with own's State of origin by a person that is figuratively bounded with this State. ABOLISH A RULE ( TO ABOLISH ) to suppress a rule, to abrogate a law. From latin " abolescere " = to vanish, to estinguish. ABORTIVE TRIAL not ended judgement . From latin " aboriri" = to dead. ABROGATION abolition of a former enforced law or rule. From latin "abrogare" = to anull , to void . From latin "ab" = by / "rogare" = to ask. Here meanings a proposal asked by a member of a leglislative assembly. In the old roman empire, the " rogator " was a senator having a duty to propose a new law. ABSCONDER CRIMINAL fugitive offender , concealing oneself with the aim to avoid a trial. From latin " absconditum " = to be hidden. ABSENT PARTY lacking participation to process by a party. From latin "absentia" = to be far from a place. ABSOLUTE MEASURE irrevocable measure, indefeasible measure or measure without border or limit . From latin " ab " = from / " solutus " = untied, dissolved, free, without bond. Therefore, free from any limit. Eg : in the State governed by an absolute monarchy, the king operates without limits imposed by the other public body , assembly or Constitution . There fore a measure called as absolute is indicating the its peremptoriness. ABSOLUTION acquittance, discharge. From latin " ab " = from / " solutus " = untied, dissolved, free . Therefore, freedom from a former charge with a crime. ABSTRACT OF DOCUMENT brief of document, document's docket, paperform's extract . From latin " ab " = from / " tractus " = pulled . Therefore, pulled out from a document (eg : abstract of record ). ABSTRACTION OF MONEY ( MONEY ABSTRACTION ) stealing of money or money funds. From latin " ab " = from / latin " tractus " = pulled . Here symbolizing an amount of money pulled out from a total sum. ABUSE abuse , misuse. From latin " ab " = from / " usus " = use . Therefore far from the proper use. In figurative sense is meaning an improperly use of a own faculty or right. ABUSIVE WORDS verbal or written injury against someone. From latin " ab " = from / " usus " = use . In figurative sense is meaning a word far from proper use. ACCEPTANCE allowance, permit to do something . From latin " acceptare " = to receive, to bear, to allow. ACCESSION way to purchase of property by means of originary title ( not by means of conveyance). From latin " accedere " = to go inside ( in figurative sense, the land or house goes directly inside the estate of the owner) . ACCESSORY ( A. RIGHT / A. IN CRIME) activity of secondary importance in a crime committal , complicity in a criminal conduct . From latin " accessus " = adjunctive . ACCIDENTAL INJURY occasional injury , casual injury, unwillful injury. From latin " accidere " = arriving with surprise ( eg: accidental injury or culpable offence ). ACCOMODATION OF A DISPUTE transaction, agreement, resolution of a dispute . From latin " accomodatus " = put in proper way , well settled. ACCUSATION OF A CRIME act aimed to charge somebody with a crime. From latin "accusare " = to blame. ACQUITTANCE absolution of a person at the end of a trial , receipt stating the payment of debt ( acquitted = absolved ). From latin " acquiescere " = to rest , to find relief. Here used in the figurative sense to find relief from a former charge ( from a prosecutor activity ) or to find relief from a payable debt . Also is meaning to be released of a burden, to rest because no more being under trial . ACT ( LEGAL A. ) fact, legal act , contract , legal measure . From latin " actus " = act , action , conduct. ACTION ( LEGAL A. ) deed , proceeding , lawsuit. From latin " actio " = operation , way to act. ACTUALIZATION ( CRIME A. / ACCIDENT A. ) visual reconstruction of the crime scene . From latin " actus " = scene representation in a theatre / from old italian " realizzare " = to make as true, to reproduce as real. ADJUDICATION judiciary decision , sentence issued by a judge , judgement. From latin " ad " = according to / " judicatum " = verdict issued. Therefore, the adjudication is the statement according to the issued verdict. ADMINISTRATION executive power, management. From latin " ad " = by “minister " = executor, assistant. ADMISSION OF A REQUEST ackowledgment , entry , admittance . From latin " ad " = by / "mittere " = to let go, to allow, to have tolerance. In figurative sense, means to allow a request claimed by someone. ADMONITION reprimand. From latin " admonitus " = warned , adviced ("monere " = to warn ). ADOPTION OF A CHILD to recognize a child of another parents as own child. From latin "ad" = by / " optare " = to choose. In fact, in the roman empire , the parents willing to adopt a child, had to choose one among a lot of children. ADULTERATION falsification of document , counterfeiting of an object . There are two different hypotesis . First , from latin " adulteratio " = falsification. Second, from latin " ad " = from / " ulterior " = far from the base, far from a genuine thing. In fact , in the modern italian language, the term " adulto " is meaning a mature man, a man with malice , therefore far from the genuinity of adolescence . ADVERSARY TRIAL SYSTEM accusatorial trial system . From latin "adversus " = against. In fact, during the opposite party testing , the prosecutor is stating the articles of accusation against the defendant. ADVISORY BODY consulting board . From latin " ad " = towards / " visus " = face. Here in figurative sense, means to bring a notice towards the face of somebody, to bring a notice to someone for the acknowledgement. ADVOCATION OF A CASE case defence, legal assistance . From latin " ad " = toward, to, with the aim to / " vocare " = to call. Therefore , translated from figurative sense, the meaning is to call someone with the aim to get a legal assistance . AFFILIATION STATEMENT judicial statement about the parental situation of a child . From latin " filius " = son. AFFIRMANCE OF A CONTRACT validation of a contract . From latin "affirmatio " = warranty, to be under guarantee , or from " firmare " = to keep a decision stopped. AGGRAVATING CIRCUMSTANCES situation around perpetratd crime, involving a more heavy penalty. From latin " gravare " = to load someone with a overweight / " circum " = surround , around something / " stare " = to stay, to be in a situation. AGISTMENT grazing right over a land . From latin " aggistus " = a plot of land, a cadastral slice of land. AGRARIAN CONTRACT contract involving a land exploitation. From latin "ager " = cropped farm, cropped land. AGREEMENT ( LEGAL A. ) contract, pact between two or more people. From latin "aggregare " = to join, to add something to another thing. In fact, an agreement is a joining among two or more wills. ABETTOR maker a complicity in a crime, to be accessory in a crime. From old greek " beta " = second letter of the greek alphabet. In fact, an abettor is rated in a secondary situation about the commitment of a crime . ALIBI explanation given by an accused (usually charged with murder ) that is declaring also by means of proofs or witness that at the moment of crime perpetration he was not in the crime place. From latin " aliunde " = in an different , in another / " ibi " = in that place, in that moment . In fact , to have an alibi, means to be in another place when the crime has been made. ALIENATION OF PROPERTY selling a property. From latin " alienus " = other, far from a place. ALLEGE ( TO A. ) to state something under oath, to make an affirmation . From latin " ad" = by / "ligatum "= belt, something joined by someone to another thing. Therefore " to allege " means to state something, joining it to another matter. ALIMONY amount of money providing a mainteinance to the divorced spouse. From latin "alius " = other / " munio " = duty. In fact the alimony involves a duty to provide the maintenance of another person, in this case , of a divorced spouse or children. ALLOCATION AGREEMENT