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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

Mention

A court process when the solicitors for the parties to a case attend court to organise with the court how the case may proceed.

Mis-Trial

A trial that ends prematurely and without a judgment due either to a mistake that jeopardises a party's right to a fair trial or to a jury that cannot agree on a verdict.

Misfeasance

Performing a legal action in an improper way. This term is frequently used when a professional or public official does his job in a way that is not technically illegal but is nevertheless mistaken or wrong. Misfeasance is to be distinguished from non-feasance where a person simply does not do the job at all.

Misrepresentation

A term most often used in relation to the Trade Practices Act or Fair Trading Act and which relates to a misrepresentation generally in relation to a product or services given by the supplier of the product or services. It is sometimes necessary to establish that the person receiving the misrepresentation relied on a misrepresentation in making their further decision in relation to the product or services.

Month to Month Tenancy

In general the position which arises at the expiration of a commercial or residential tenancy. Most leases will provide that the tenancy continues on a month to month basis until some further notice to terminate the lease is given.

Mortgage

A loan in which the borrower puts up the title to real estate (or other assets) as security for a loan. If the borrower doesn't pay back the debt on time the lender can foreclose on the real estate or other asset and have it sold to pay off the loan. If the mortgage is secured against real estate, then the mortgage is lodged with the LPI to indicate that the owner has offered the property as security for a loan.

Mortgagee Sale

See 'Mortgage'. A mortgagee sale occurs when a mortgagee takes possession of the mortgaged property and uses it's power of sale to sell the asset to recover the monies owed to it.

Motion

During a law suit a request to the court for a decision (an order) to resolve procedural or other issues that come up during litigation. These may relate to discovery, interrogatories or particulars. The motion is also often called a Notice of Motion.

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