Notes on Common Vocabulary in Legal English (G-Q)

The third kind of debt is the creditor's right of the legal debtor, such as the deposit in the bank and the rent of the rented building. If the losing party fails to make compensation to the other party according to the court's ruling, the losing party may issue a deduction order to the losing party's third debt to claim the awarded compensation from the third debt.

guarantee

The guarantor (guarantor) is responsible for compensating the insured for the loss if someone fails to do a specific act and fails to pay the loan on time. Guarantee is usually made in written form and contract form, which is called guarantee contract.

aural comprehension

Before hearing a case in public, the court usually listens to the application or statement of the parties in the middle of the court session, and the trial is usually held in chambers, and people unrelated to the case are not allowed to attend.

hearsay evidence

Hearsay evidence is not evidence obtained by witnesses from personal experience, but only by listening to other people's reports or submitting documents formulated by others, such as charging bills.

Implied clause

Implied terms are not expressly stipulated in the contract, but are added to the contract because of factual needs, legal provisions or relevant industry practices. For example, in the employment contract, although it is not stipulated that employees must be loyal to their duties and work hard, in fact, these conditions have been implicit in the contract and are regarded as effective terms.

violate

Infringement generally refers to the infringement of the civil rights of others, mostly used for the occupation of intellectual property rights. Using a registered trademark without its owner's permission is a serious violation of its ownership. Stealing another person's registered trademark is a serious infringement.

order

An injunction is an injunction issued by the court to prohibit a certain behavior. The banned person must obey the instructions of the order, such as not going near someone or demolishing all illegal and illegal buildings. Ignoring the ban is tantamount to contempt of court and can be fined or even imprisoned.

tool

A document that deals with legal affairs and serves as evidence, such as a transfer document.

especially

Except in legal documents and letters, this Latin word often appears, which means "list this item among them", that is, there are other matters.

Temporary order

A temporary order refers to a temporary order in the process of litigation, such as a temporary maintenance order issued by the court in a divorce application. After the case is heard, the court will make a permanent order to replace the temporary order.

middle

Instructions issued by the court in the course of litigation, such as specifying that both parties exchange the list of documents within 14 days, or approving one of them to apply for an extension of filing documents with the court.

Die without a will

If a person dies intestate, the estate of the deceased shall be distributed according to >:, but before distributing the estate, the qualified person specified in the Ordinance shall apply to the Estate Registry of the High Court to become the administrator of the estate of the deceased, and then be responsible for distributing the estate of the deceased.

Living person

Authorized to act within the scope of power, it must be carried out within the scope of power, which is considered as a legal act. What you have no right to do is ultra vires.

According to this fact

Facts make it possible to judge things only by the effects of actions or facts themselves.

question

Problems, controversies and children's problems can be explained in many ways, such as 1. Release: This was released more than a year ago. This summons was issued 1 years ago; Question: The question of this lawsuit is the date of the contract. The issue in this case is the date of the contract; Children: His children will not benefit from his inheritance. None of his children will benefit from his inheritance.

community property

Co-ownership Two people * * * jointly own a property, which can be in the form of joint ownership or in the form of separation of powers. The joint ownership of property is usually called a "long-term contract". The common form is that both parties jointly own all the property. When one of them dies, the remaining one will own the property alone.

lose effectiveness

Invalid In the process of deliberation, if the time limit for deliberation is exceeded, the relevant proposal will also lose its effectiveness. Example: This quotation will automatically overlap after the time limit. This offer will automatically expire after the time limit.

leave

The word "permission" is generally interpreted as "leaving", but it is legally used as the permission of the court. For example, it is necessary to seek the permission of the court to submit documents beyond the time limit. After the time limit is exceeded, you must get the permission of the court before you can save the document.

lien

Lien This is the right to seize other people's property, usually as a guarantee for repayment or as an exchange for repayment.

limitation period

Civil claims with time limit generally have a prescribed time limit. After the time limit, the relevant claims or procedures can only be carried out with the special approval of the court. Generally, the limitation of contract disputes is six years, but the limitation of contract-related disputes is 12 years. The period for employees to claim compensation for work-related injuries is two years from the date of the accident, and the period for other injuries is three years.

penal sum

In the civil action of fixed compensation, the compensation demanded by the plaintiff is a specific amount. After the defendant receives the summons, if he pays the plaintiff according to the prescribed compensation amount, the plaintiff has no reason to claim and the case is closed.

tabulation/listing

When a case is scheduled for trial, you may apply to the court for scheduling the trial. Cases can be arranged in a fixed roster or a floating roster.

maintain

The act of one person providing financial support to another person is called support. In family law, the living expenses provided to children's spouses are called alimony.

advantage

According to the facts in the lawsuit, the law makes the plaintiff as the legal basis for bringing a lawsuit or as the reason for the defendant to defend.

Intermediate income

If the tenant fails to pay the rent on time, the landlord can cancel the lease and recover the rent in arrears on the grounds that the tenant has breached the contract. If the tenant still occupies the building after the landlord cancels the lease, the landlord can recover the rent equal to the rent on behalf of the tenant as compensation for the tenant's illegal occupation of the building.

embezzle

The act of misappropriating other people's goods or money without the owner's consent. If there is evidence that the embezzler intends to possess the property permanently, then the embezzler's behavior belongs to theft.

alleviate

Request a lighter sentence, minus 1. The defendant in a criminal case requests the court to give him a lighter punishment, and the court will make an appropriate judgment according to whether the defendant has a criminal record, family background, and regrets the crime. Although the defendant has the responsibility to compensate the plaintiff's losses in civil compensation litigation, the plaintiff also has the responsibility to reduce the losses.

illegitimate child

An illegitimate child refers to a biological child, but it can be born in or out of wedlock.

neglect

The words "negligence" and "negligence" are often used by professionals, mainly aiming at the fact that professionals have not taken appropriate measures according to their professional ethics and behaviors, causing customers to suffer losses.

agent ad litem

The protector of litigation has this protector, mainly because the litigant is a minor or a patient and needs to be represented by this protector.

Defend that the agreement is invalid because the defendant signed it by mistake.

I didn't sign this. Nonest fact is often used as the defendant's defense, claiming that the defendant didn't sign the document, or the defendant didn't know the contents of the document when he signed it, so the English explanation of Nonest fact is that it is not my deed.

Notice of tenancy withdrawal

Notice of Lease Withdrawal In the relationship between landlord and tenant, either party can send the notice of lease withdrawal to the other party as a notice to terminate the lease. However, according to the Landlord and Tenant (Consolidation) Ordinance, the notice given by the landlord to the tenant must be subject to the time limit of the Ordinance. The lessee's notice of departure cannot be used to terminate the contract in the middle, unless both parties agree or the lease stipulates.

Invalid marriage

There are some restrictions in the law that invalidate marriage. This judgment can be that the man is impotent, or the woman refuses to fall in love with the man on the grounds that she has been married. If the court decides that the marriage is invalid, the marriage of both parties is unmarried, not divorced.

Incidental remarks

The incidental opinions expressed by the judge in the judgment process are some incidental opinions expressed by the judge in the judgment process, which will not affect the final judgment of the case.

Clean up the receptionist

Bankruptcy judge is a position in the government. Deal with bankruptcy or company liquidation. Its office is located in Queensway Government Offices 10, Hong Kong.

burden of persuasion

Details of the burden of proof can be found in the burden of proof.

Open contract

The conclusion of a contract with incomplete conditions, in addition to the basic contract maker, contract term, contract mode, and responsibilities of both parties, has many elements. However, if the contract lacks the execution time of both parties, it can be called an incomplete contract. (For details of the conclusion of the contract, please refer to the Legal Knowledge Edition).

Unloading sequence

According to the existing laws, if an individual is ruled bankrupt by the court, he needs to face various restrictions after bankruptcy, including not being a company director, not participating in company management, not borrowing money from others without revealing his bankruptcy status, and so on. If bankruptcy is approved by the court to issue a bankruptcy order, individuals can be freed.

Ordinary resolution

Ordinary Resolution Ordinary resolution refers to the resolution agreed by more than half of the voters at the shareholders' meeting of the company, which is different from extraordinary resolution and special resolution.

reject

* That is, the judgment of the high court against the lower court can be made by the Court of Appeal against the Court of First Instance * or by the Court of Final Appeal against the Court of Appeal *.

excuse

Pardon means that the conviction or judgment of a prisoner is revoked through pardon. When a prisoner is pardoned, he can no longer be convicted of the same case.

Partially intestate

Partial intestate inheritance refers to the fact that the will of the deceased does not completely include the entire estate of the deceased. For example, the deceased only mentioned the disposal of property and cash (including bank deposits) in his will, but the stocks and other jewels of the actual deceased were not mentioned in his will. Therefore, these unmentioned heritages need to be dealt with according to the intestate inheritance law.

(labour) services

Personal delivery: the service personnel will personally deliver the documents of the court or lawyer's office to the recipient. In some cases, the court or the law may require special service methods, and personal service is one of them. In addition, it can also be registered or advertised.

petition

Legally, a request can be a request for divorce or bankruptcy, and it is made in the form of a request.

Physical possession

Physical possession is different from other possession, because if an object is possessed by a person's entity, it means that that person really owns the object. However, the possession of the entity does not mean the ownership of the object. For example, if the buyer places an order with the seller, and the seller has separated the item from other commodities, and the buyer has paid all the payment, then the seller still owns the physical object of the item, but he is not the owner of the item.

plaintiff

In the course of litigation, the plaintiff usually sends a notice to the defendant, who can be an individual, a company or a government.

Possession of ownership

The right of land possession is not supported by any deed, mainly because the possessor has occupied the property for a long time. If no one objects, the possessor can register the land and become the registered owner of the land.

power of attorney

Power of attorney is formed by contract, which entrusts some personal rights to others. It is most commonly used in property management. For example, if the owner has emigrated to a foreign country and has a property in Hong Kong, he can entrust a trustworthy person to manage it for him, or he can ask the trustee to rent or sell the property for him through a power of attorney.

Preemptive right

The preemptive right most often appears in the stock trading of limited companies, because the articles of association often stipulate that if shareholders want to sell their shares in the company, they must first buy from existing shareholders. This situation is mainly to prevent outsiders from interfering in the company's business.

premium

Land premium is widely used in land transfer in the New Territories of Hong Kong or Home Ownership Scheme of Housing Department. If the seller wants to sell these businesses, he must first pay the premium of the property and get the premium certificate before selling the property. At present, the seller can also be allowed to pay the premium after receiving the buyer's house payment.

Presumption of death

Presumption of Death According to the laws of Hong Kong, if the spouse has been missing for seven years or more, the surviving spouse may apply to the court for presumption of the death of the missing spouse. If the court makes a ruling, the surviving spouse can dispose of the estate of the missing spouse.

restraining order

An injunction is usually issued by the creditor to the debtor. Creditors must convince the court that the debtor intends to evade legal responsibility and will flee Hong Kong, so they issue an injunction prohibiting the debtor from leaving the country.

quantum

The amount of compensation in civil litigation, especially in some cases of personal injury compensation, the defendant often bears the responsibility, but how much responsibility to bear to formulate a compensation amount is this quantum problem.

matter of fact

The question of fact is completely based on facts and has nothing to do with the law, but must be decided by the court. For example, in the case of * *, the victim refers to the defendant * *, and the defendant pointed out that the sexual behavior was agreed by the victim, so the fact of this case is that sexual behavior occurred, but whether or not * * involves legal issues.

legal question

If the ruling on legal issues is based on factual issues, it is difficult to infer the ruling of the lower court from the court of appeal unless there are very special circumstances. However, legal issues are different, and litigants can generally appeal on legal issues.

Quilt enjoyment

The right to quiet enjoyment usually appears in the lease. Even if the lease does not explicitly stipulate that the owner should provide a quiet and pleasant environment, this right can be used as an implicit clause for ordinary tenants.