Legal Glossary - PQ

 

Parties

People involved in a court case. Applicants, appellants, respondents, defendants, are parties to a matter.

 

Performance

1: Any act done as a contractual obligation. Commonly used in conjunction with the term, consideration. When consideration is performed to a required extent it give rise to rights which have been agreed as correlating with it.

2: An act done in response to a court order for specific performance. This is an order given in response to equitable claims, including claims of a breach of contract where the counter-party has not done all that is required under the contract. A specific performance order stipulates what is to be done by the party concerned so as to complete all equitable obligations.

 

Person

Either a natural person (a human) or a corporation. A person can sue and be sued in their own name and hold and transfer property in their own name. Synonym: person at law.

 

Personal

Adjective for person. Used by lawyers to describe the nature of rights and obligations, as opposed to proprietary.

 

Plaintiff

A party who initiates a civil action with a petition (ie: complaint).

 

Pleading

A formal written document detailing an applicant's claim or a respondent's defence. All of the material facts the parties allege and the issues in dispute are defined in the pleadings. The pleadings define the scope of the proposed trial. They include a statement of claim, statement of cross claim, defence and reply. It does not include the originating application, any interlocutory application or affidavits.

 

Prima facie case

Latin: 'at first sight.' A case having such strong merit that it has a real chance of success.

 

Principal

A person or company that, as a client, contracts an agent or fiduciary. Thus the client of a solicitor is their principal.

 

Privity of estate

The relationship between landlord and tenant, as a unique and un-transferrable relationship. Unlike other contracts, a lease cannot be re-assigned to another party. It must be annulled with compensation or allowed to run its full term, unless consent to transfer is granted.

 

Procedural Fairness

The right to be given a fair hearing, to be able to present your case, and receive an unbiased and properly informed decision. Synonym: natural justice. See also the right to be heard.

 

Proceeding

The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the judgment.

 

Property

Anything capable of being owned by a person at law. Property includes goods and real estate. Lawyers view property in terms of the rights of ownership adhering to a thing and look into the combination of different kinds of rights held by different parties, which may coincide in the one item of property.

 

Property rights

A right to control an item of property. Property rights include legal titles, equitable titles, liens, mortgages, bailments, leases, trusts, easements, and caveats.

 

Proprietary

Adjective for property. Used by lawyers when describing the nature of a right or obligation, as opposed to personal rights and obligations. (Legal action in rem can be brought against a person with respect to their proprietary interests, thus creating proprietary obligations if successful).