Monday, July 12, 2010

PRESS LAW

LAW TERMS
1. CONSIDERATION
Paying something (valuable in the eyes of the receiver, not necessarily all) for an offer. It usually comes in contract (offer and acceptance). An inducement for something promised.
2. INDEMNITY
It is undertaken not to hold someone responsible for an act or a deed. Some sought of guarantee given to someone not to be responsible for the consequences of any actions (indemnify another). Example: when Emma gives Yaw information about a situation. Emma can tell Yaw to indemnify him. That is, not to hold him (Emma) responsible for any consequences that may result form that piece of information.

3. ACQUITAL
When you are left free in a court of law especially in criminal matters (discharge from court)

4. ACCUSATORIAL PROCEEDINGS
There are two types of handling cases (proceedings)
• Accusatorial (English system)
It is a procedure in the court of law in which it is the duty of a party which is allergen (in criminal cases) to produce that evidence. He who alleges must prove. Example: if you say I have stolen, you have to prove I have stolen.
• Inquisitorial (French system)
The procedure in which the accused would have to prove that he or she is not guilt. Example: if you say I have stolen, I have to prove I have or have not stolen



5. ADJOURNMENT
To the layman, it is postponement. When a matter in court is set for another day for parties to appear, the matter is said to be adjourned.

6. ALIBI
A plea of not being present when a crime was committed. When you plead alibi the case (proceeding) would have to stop for investigation.

7. ASSAULT
An act of unlawfully touching somebody intentionally or recklessly, normally accompanied with battery (violent assault).

8. AUDI ALTERAM PATERM
Audi – to hear Alteram – alternative, alter
To hear or listen to the other side, that is, no man should be condemned unheard. He who shall decide anything without the other side having been heard, although may have said what is right, will not have done what is right).

9. BIGAMY
1. Being married under ordinance and going into another marriage whiles the initial marriage is existing.
2. When you know someone is married and you allow the person to marry you. You can be charge for bigamy

10. CERTIORARI
A prerogative writ or order to which a superior court quashes or cancels a lower court’s orders given without it (lower court) jurisdiction. This order can also bring them (lower court) back within the limits assigned by law, whenever there has been a failure, or absence or express of jurisdiction.

11. CAVEAT
A warning to a person not to do something until the matter is gone into (investigated) in respect to estate matters. It is a form of injunction.

12. CONTEMPT OF COURT.
When you do anything against the orders of the court or you do anything to prevent justice from being carried out.

13. INTESTATE
When one dies without a will

14. PRECEDENT
An official action, judgment or decision of a court of law that happened in the past and that is seen as or an example or rule to be followed in a similar situation later. Example: when someone steals and is punished for a year. If there is a similar case in the future, that same or exceeding punishment would be meted out to the person.

15. INTENT
Intention, the purpose, mind with which something is done.
16. EQUITY
Equality, fairness. He who comes for equity must come with clean hands.

17. MISDEMEANOUR
A minor offense, example: when someone slaps another person. Misdemeanor is the smallest among the offenses. It normally goes with a fine or caution or both. However, if you kill someone it is a first degree felony.

18. CONVEYANCE
The transfer of one thing form one person to another, the thing or document is a conveyance. An instrument which passes a freehold interest in real property or an interest in real property or an instrument that transfers property from one person to another

19. DE FACTO
Something existing as a matter of fact, example: it is a fact that Ghana has a president.

20. DE JURE
Something existing as a matter of right or with full backing of a legal authority or lawful authority. Example: right to life

21. ADULTERY
Being married and sleeping (having sex) with any other person apart form the one whom you have married.

22. RAPE
Having sexual intercourse with a woman above sixteen years without her consent


23. CARNAL KNWOLEDGE
Having sex the missionary way
• Inflagrantedilicto
Seeing the people having sex as it happens (live)

24. AUTREFOIS ACQUIT
When someone pleads autrefois acquit, it means he or she had already been acquitted on a stated offense and as such could not be tried on that same offense.

25. BRUTUM FULMEN
An empty threat

26. HABEAS CORPUS
An order to bring a body, it is used when someone has been unlawfully detained

27. ACTUS REUS
A guilty or bad intention

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