Legal Glossary - JK

 

Joinder of documents

The conceptual connection of documents which relate to the one contract, so as to create a unified set of terms. It must be very clear that the separate documents are connected and refer to the same contractual relationship, and all essential terms of the contract must be present in the documents.

 

Joint tenants/ joint owners

A joint tenancy is where tenants or owners hold equal shares in, and are co-holders of the one, real property estate. Their interests are not willable; when one dies or ceases to exist, the other(s) inherit the discontinued interest automatically. No one tenant can act independently so as to bind the other(s) to an arrangement of their own. Joint tenants cannot exclude their colleagues from any part or benefit of the property. See also tenants in common.

 

Judgment

The reasoning of a judge and orders made by them after a hearing or appeal. A trial judgement sets out both the evidence of the parties usually condensed into a single account as accepted by the judge. It then deals with issues of law and how the judge applies the law to the situation. A judgment is said to be ‘reserved’ (as opposed to ‘ex tempore’) when the Court postpones the delivery of the judgment to a later date to allow time to consider the evidence and submissions. Judgments become part of the body of case law and are referred to by lawyers and judges in later cases.

 

Jurisdiction

The extent of legal authority of a Court or of any agent of the Government to apply the law. Jurisdiction exists with respect to geographic territory, subject matter, the body of law involved, the type of court proceedings, and the level of invested authority.

 

Jurisprudence

The study and philosophy of the legal system.

 

Written by Andrew Pingree. All copyright, 2014-2016 vests in Civilaco Pty Ltd.

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