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Glossary

We want to make it as easy as possible for you to do business with us.
We try and use plain english wherever we can. Unfortunately the law
like any other industy has its own language and we can't always promise
that we won't be using words that are second nature to us, but may not
be second nature to you.

To help you find your way around the maze of legal terminology we've
provided you with a short glossary of some of the legal terms which you
are more likely to come across in our correspondence and documentation.

Our list, some of which is adapted from www.nolo.com is not exhaustive
as we have not intended to provide a detailed legal dictionary. There are
a number of other excellent websites however which will assist you should
you need any further explanations beyond those in our glossary.

Click on the following link and you will find a legal dictionary which may not
keep you amused, but will keep you informed.

www.nolo.com

Implied Warranty

A Guarantee about the quality of goods or service purchased that is not written down or explicitly spoken. Virtually everything you buy comes with two implied warranties. One for merchantability and one for fitness. The implied warranty of merchantability is an assurance that a new item will work for a specified purpose. The implied warranty for fitness applies as an assurance that an item does what it is supposed to.

In Camera

Latin for 'in chambers'. A legal proceeding is in camera when a hearing is held before the Judge in his/her private chambers or when the public is excluded from the court room. This is often done when witnesses are children.

Incapacity

A lack of physical or mental abilities that result in a person's inability to manage his or her own personal care, property or finances. A lack of ability to understand one's actions when making a Will or other legal document. The inability of an injured worker to perform his or her job either at all or to their previous capacity which may be relevant to a claim for damages or disability benefits.

Incompetence

The inability, as determined by a court, to handle one's own personal financial affairs.

Independent Contractor

A legal category of worker who unlike employees retain control over how the work they are hired to do gets done. The person or company paying the independent contractor controls only the outcome ... the product or service.

Informed Consent

An agreement to do something or allow something to happen which is made with complete knowledge of all relevant facts such as the risks involved or any available alternatives. Often used in relation to medical negligence cases.

Infringement of Copyright, Patent, or Trade Name

An unauthorised use of a copyright work, violation of a patent occurring when someone else is making, using, or selling an invention described in the patent or a product that is functionally equivalent to the invention described. Unauthorised use of a protected trade mark or service mark for use of something very similar to a protected mark.

Injunction

A court decision that is intended to prevent harm as distinguished from a court decision which provides a remedy for harm that has already occurred. Injunctions are orders that one party refrain from or cease certain actions. Injunctions can be temporary or permanent. The party seeking a temporary injunction often has to give an undertaking to pay any damages suffered by the party which is injuncted.

Interlocutory Proceedings

Proceedings of an administrative nature which occur in the course of litigation. Interlocutory hearings are often commenced by motions or take place at court managed hearings sometimes called Directions Hearings or Status Conferences. They will often relate to disputes between the parties to the litigation in relation to such matters as discovery, interrogatories, the provision of particulars, or the service of documents or expert's reports.

Interrogatories

A series of written questions in the course of a court case which are drawn up by one party for answering by the opposing party or witness to use in evidence. Answers to interrogatories are usually given under oath.

Intestate

The condition of dying without a valid Will. The Probate Division of the Supreme Court will appoint an Administrator to distribute the deceased person's property according to State Law.

Invitee

A business guest or someone who enters property held open to members of the public. Property owners must protect invitees from dangers on the property.

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