Legal Phrases

Legal Phrases after the fact - after something (a crime etc.) has occurred We were told, after the fact, that the company would not pay compensation to the fire victims. an act of God - an event or accident due to natural causes for which no human is responsible and which could not have been avoided by planning ahead (a storm, an earthquake, a volcano etc.) The insurance company refused to pay the money because they said that the forest fire was an act of God. assemble a case (against someone) - gather the evidence needed to make a legal case against someone The prosecution was unable to assemble a case against the man. assume liability - accept the responsibility for paying the cost of something The business refused to assume liability for the dangerous products. at arms length - at a distance, a transaction in which each person (who is not related to you) acts in their own self-interest We purchased the property at arm's length and were not involved in any management decisions. bail (someone) out - pay a sum of money that allows someone to get out of jail while waiting for a trial The family of the accused criminal paid much money to bail him out. beyond a reasonable doubt - a legal phrase meaning that something is almost certain The judge sent the man to jail because he believed, beyond a reasonable doubt, that he had committed the crime. bona fide - "in good faith" (from Latin), without any element of dishonesty or fraud The mediator asked the two sides in the dispute to make a bona fide effort to solve the dispute. a breach of promise - the breaking of a promise which may also be a breach of contract The couple was accused of breach of promise when they broke the contract to buy the condominium. a breach of the peace - causing a disturbance, violent or disorderly behavior The man was charged with breach of the peace when he began fighting with the store clerk. break the law - fail to obey the law The woman was forced to quit her job after it was discovered that she had broken the law. build a case (against someone) - gather the evidence needed to make a legal case against someone The legal team was working hard to build a case against the suspected car thief. burden of proof - the necessity to prove a disputed fact as required by the laws of evidence The burden of proof during the trial fell on the man who had accused his employee of theft. (do something) by the book - follow all the rules when you do something Our lawyer is very good and he does everything by the book. a case of mistaken identity - incorrectly identify someone The young man was arrested in a case of mistaken identity. causing a disturbance - an offence committed by fighting/screaming/shouting/swearing or being drunk in public Several of the fans were arrested for causing a disturbance after the football game. caveat emptor - "let the buyer beware" (from Latin), a buyer of something is responsible to examine the goods that he or she has purchased Caveat emptor is a good concept to remember when you are buying a used car. to cease and desist - a legal phrase which means to stop doing something and not start again - often used in the form of a cease and desist order The woman's husband was given a cease and desist order to stop bothering her. circumstantial evidence - indirect evidence My court case was difficult to win as most of my evidence was circumstantial evidence. citizen's arrest - an arrest which may be made by somebody without a warrant when somebody commits a crime The local politician tried to make a citizen's arrest of the violent beggar. civil action - legal action that deals with private or civil matters The couple decided to take civil action over their complaints about their neighbor's dog. civil law - the area of the law which deals with civil/private matters such as violations of contracts (different from criminal law) The lawyer had much experience in civil law and almost none in criminal law. class action lawsuit - a lawsuit on behalf of a group of persons in a similar situation or who have suffered a similar wrong The workers filed a class action lawsuit against the company for damage to their health. come by (something) honestly - get something honestly The woman came by a large amount of money honestly but many people wondered where it had come from. come clean (with someone/about something) - be completely honest with someone or confess something to someone The man decided to come clean with the police and he confessed everything about the crime. commercial law - the area of law that governs commerce/trade/merchandising The lawyer has specialized in commercial law since he first became a lawyer. common law - the law that is not written in statutes but is based on custom and court decisions of the past (most often with its origin in the old unwritten law of England) Through research into previous cases of common law we were able to make a decision on how to proceed with our case. common property - real property owned by a group of tenants in a condominium or subdivision which everyone has the right to use, land that is owned by the government which everyone can use The bicycles were common property and anyone in the apartment complex could use them. community property - property belonging jointly to a married couple or acquired during their marriage The couple decided to divide some of their community property and give it to their children before they left to do volunteer work overseas.