estoppel
A legal rule that stops someone from arguing something that contradicts what they previously said or did.
Example: The doctrine of estoppel stopped him from denying the earlier agreement.
C222 words · Proficient
Legal English vocabulary — C2
Expert legal English for case law and liability, including estoppel, a prima facie case, mens rea and the vicarious liability at the centre of modern jurisprudence.
22 questions
Words in this set
22culpability
/ˌkʌlpəˈbɪlɪti/The degree to which someone is responsible or to blame for a wrongful act.
Example:
The report assessed each driver's culpability for the crash.
prima facie
Describes evidence that is strong enough to prove a case unless it is later disproved.
Example:
The photographs gave prima facie evidence of the damage.
exculpatory
/ˌɛkˈskʌlpəˌtɔri/Describes evidence that tends to show someone is not guilty.
Example:
The lawyer presented exculpatory evidence in his client's defence.
malfeasance
/ˌmælˈfizəns/Wrongdoing, especially by a public official or a person in a position of trust.
Example:
The audit uncovered evidence of financial malfeasance.
litigious
/lɪˈtɪdʒəs/Describes someone who is quick to take legal action, or an environment where lawsuits are common.
Example:
The industry has become increasingly litigious in recent years.
jurisprudence
/ˌdʒʊrəˈsprudəns/The theory and philosophy of law, or a body of legal decisions on a subject.
Example:
The professor specialises in constitutional jurisprudence.
res judicata
A legal rule that a case already finally decided cannot be tried again.
Example:
The judge dismissed the second lawsuit under res judicata.
recusal
/rɪˈkjuzəl/When a judge steps aside from a case because of a conflict of interest.
Example:
The judge's recusal meant a new judge had to be assigned.
amicus curiae
A brief filed by someone not part of a case, offering the court relevant expertise.
Example:
Several universities filed an amicus curiae brief supporting the appeal.
ultra vires
Beyond the legal power of the person or body acting.
Example:
The decision was ultra vires and had to be taken again properly.
mens rea
The guilty state of mind needed for a criminal offence.
Example:
Without mens rea the prosecution had nothing.
actus reus
The physical act that makes up a criminal offence.
Example:
Both the actus reus and the intention had to be proved.
strict liability
Responsibility that applies whether or not there was fault.
Example:
Under strict liability the intention makes no difference at all.
vicarious liability
Responsibility for what an employee did in the course of work.
Example:
Vicarious liability put the whole claim onto the company.
laches
The loss of a legal right through unreasonable delay in claiming.
Example:
The defence of laches succeeded after eleven years of silence.
subrogation
An insurer's right to pursue whoever caused the loss.
Example:
Subrogation meant the insurer sued in the customer's name.
privity of contract
The rule that only the parties to a contract can enforce it.
Example:
Privity of contract stopped the tenant suing the builder directly.
without recourse
Transferred with no right to claim back if it goes wrong.
Example:
The debt was sold without recourse and the discount showed it.
condition precedent
Something that must happen before an obligation begins.
Example:
Planning consent was a condition precedent to the whole purchase.
liquidated damages
An amount agreed in advance as compensation for a breach.
Example:
Liquidated damages were fifteen hundred pounds a week and enforceable.
de minimis
Too small for the law to concern itself with.
Example:
The overpayment was de minimis and the argument was not.
