Glossary L-N

landlord
a person who leases land to another (the tenant).

lawyer/client costs
the costs a lawyer can properly charge a client; also known as solicitor/client costs.

lease
a document of agreement between a landlord and a tenant for rental of premises.

leasehold
an interest in land for a fixed period.

leave of court
the grant by the court of something, which, without such grant, would have been unlawful to do.

legal capacity
the ability of a person to understand and make legally binding decisions or be held liable for their actions (e.g. children under the age of
10 are presumed to lack capacity in criminal proceedings).

legally binding
able to be enforced by law.

legatee
a person who is left property in a will.

legislate
to make or enact laws.

legislation
laws made by parliaments, often called statute law or Acts.

lessee
a person to whom property is leased.

lessor
a person who leases property to another.

letter of administration
if a person has died without leaving a will or without naming an executor, the court can grant letters of administration that authorise someone to administer the deceased person’s estate.

letter of demand
a notice from a creditor that legal action will be taken if a debt is not paid.

liability
legal responsibility (e.g. for breaking a contract, committing a crime or a debt owed).

libel
a publication in a permanent form likely to damage someone’s reputation.

lien
the right to hold a person’s property until they perform an obligation (e.g. the payment of money owing).

limitation period
the period of time within which a civil action or prosecution may be commenced.

liquidate
1. to determine the value of;
2. to settle an outstanding obligation.
(un)liquidated amount
an amount that is (not) capable of being specified or ascertained financially.

litigation
the act or process of taking a case to court; court proceedings.

litigation guardian
a person who represents another person (e.g. a child) in court who does not have legal capacity; in some courts referred to as Next Friend.

locus standi
the right to start a legal action.

lucid interval
a period in which a person with a mental illness is capable of giving consent to an action or arrangement.

magistrate
judicial officer appointed to hear and decide matters in a court of summary jurisdiction.

maintenance
money paid for the financial support of a person (e.g. spouse or child).

majority (to attain)
in Australia, a person attains majority age at 18 years.

mandamus
an order to make a lower court or government official perform certain duties.

mandate
to command or order.

manufactured home (mobile home)
a structure (other than a tent or caravan) that is like a house, but designed to be moveable, and which is not permanently attached to land.

McKenzie friend
a lawyer who steps up in court to assist a lay litigant as a friend of the court.

mediation
a process where the people in a dispute meet face to face in the presence of a neutral third party (mediator) in an attempt to resolve the dispute; mediators do not make any decisions about who
is right or wrong, and they do not impose penalties.

mens rea
criminal intent; knowledge that an act is wrong.

mention date
a short discussion of a matter in court to determine its progress.

merchantable quality
reasonable quality, being in good enough condition to be sold.

merits review/appeal
review of an administrative decision based on the facts of the particular case.

minor
a person under the age of 18.

misdemeanour
commonly used to describe minor offences such as traffic offences.

misrepresentation
making a false statement to induce someone to
do something they would otherwise not have done (e.g. buy something).

mitigation
in criminal law, circumstances that might reduce the damages or punishment ordered against a defendant or prisoner; in tort law, the duty on
a plaintiff to avoid or minimise loss.

moral rights
the personal or non-economic rights of a creator or author of a work, protected by copyright law.

moratorium
an authorised delay in performing an obligation.

mortgage
a transfer of property as security for the repayment of money borrowed; the borrower is the mortgagor, the lendor is the mortgagee.

native title
a form of communal title whereby land is not owned but is used by those who have rights over it; describes traditional Aboriginal rights over land in Australia.

natural justice
the right to be given a fair hearing, to present one’s case and to have a decision made by an unbiased decision maker.

negligence
a failure to take care not to harm someone else or their property in circumstances where there is a duty of care; a breach of that duty and damage as a result of the breach.

negotiable instrument
a signed document by means of which money may be transferred from one person to another or through several hands (e.g. a cheque or bill of exchange).

next friend
see litigation guardian.

next of kin
person or people most closely related to another by blood or relationship.

nolle prosequi
a legal notice that a prosecutor will not continue with charges against an accused.

nominal defendant
an insurance scheme created to allow a person injured in an accident involving an unidentified or unregistered vehicle to recover damages for their injuries.

non est factum
‘it is not my deed’; a defence raised where a person has completed a deed or other document without understanding what it is for.

non-feasance
failure to act when there was a duty to act.

non-parole period
the minimum term a prisoner must serve before being eligible for parole.

notary public
a person who can witness a signature or certify
a copy of a document, particularly for use in other jurisdictions or country.

notice of defence
in civil proceedings, written notice which a defendant is required to give within a certain time, stating that they intend to defend the action.

notifiable death
a death that must be reported to the coroner because of unusual circumstances or because the cause of death cannot be certified.

nuisance
an interference with an occupier’s use or enjoyment of land by such things as water, smoke or noise.