English Legal Glossary

English Legal Glossary
UNIVERZA V MARIBORU
PRAVNA FAKULTETA
ENGLISH LEGAL TERMINOLOGY
ENGLISH LEGAL
GLOSSARY
JJaannjjaa H
Hoojjnniikk
Maribor, September 2006
A
Abandonment
giving up a legal right. (opustitev, zapustitev)
Abatement
is:
-
cancelling a writ or action;

reducing the payments to creditors in proportion, if there is not enough money to
pay them in full
(razveljavitev, zmanjanje)
Abduction
taking someone away by force.
Abovementioned
describing something which has been referred to before in the document.

(zgoraj/prej omenjen)
Abscond
when a person fails to present themselves before the court when required, such as when
they have been released on bail and not returned to court. (skriti se, uiti, ubeati)
Abuse of process
when criminal proceedings are brought against a person without there being any good
reason and with malice.
(zloraba postopka)
Abuttal
the part of the boundaries of a piece of land which touch pieces of land alongside. (mejnik)
Acceptance
when an offer is accepted unconditionally and a legally binding agreement is created.

(sprejem, odobritev)
Accessory
someone who encourages or helps another person to commit a crime.
Accomplice
someone who helps another person to commit a crime.
Accordingly
a word used in legal documents which means therefore or so. (torej, v skladu s tem)
Accounts
the record of an organisation's income, spending and financial situation.

(rauni, poslovna poroila gospodarskih drub)
Accused
the person charged with a criminal offence.
(ugrabitev)
(udeleenec)
(sokrivec, pomaga)
(obdoleni, abtoeni)
Acknowledgement admitting that someone has a claim or admitting that a debt exists.
(priznanje)
Acquittal
the court's decision that a person is innocent of the crime they were charged with.
(oprostitev; tudi poravnava dolga)
Action
using the law to make a claim.
Actuary
an expert on pension scheme assets and liabilities, life expectancy and probabilities (the
likelihood of things happening) for insurance purposes. An actuary works out whether
enough money is being paid into a pension scheme to pay the pensions when they are due.
(aktuar, zavarovalniki statistik)
Adjudge/
adjudicate
to give an official judgement about something.
Administrator
someone who has been appointed: to manage the affairs of a bankrupt business; or to
manage the estate of someone who has died without leaving a will.
(upravitelj, izvritelj (oporoke))
(toba, sodni postopek)
(izdati sodno odlobo, razsoditi)
Admissibility of
evidence
which evidence can be presented in court. Evidence must be relevant to the case but even
some relevant evidence cannot be presented, such as hearsay or evidence of little value.
Also applies in relation to action grounds.
(dopustnost dokaza, sprejemljivost)
Admission
one side in a case agreeing that something the other side has alleged is true.
(priznanje, tudi dopustitev)
Admonishment
reprimanding of a defendant by a judge even though the case against the defendant has
been discharged (dropped).
(svarilo, opomin, ukor)
Adoption
the system which people use to become parents, even though they are not the child's
natural parents.
(posvojitev)
Adoptive child
a child who has been legally adopted.
Adoptive parent
a person who has legally adopted a child.
Adverse witness
a witness who gives evidence which damages the case of the side which asked the witness
to testify for them.
(nasprotna, sovrana pria)
Advocate
is: the lawyer who speaks in court for a client; or a Scottish lawyer who is the equivalent
of a barrister in England and Wales.
(odvetnik, zagovornik)
Affirm
to:
(posvojenec)
(posvojitelj)
solemnly promise to tell the truth in court;

confirm a decision made by a lower court.
(potrditi, zatrditi)
Affray
fighting unlawfully. It is a criminal offence.
Aforementioned
describing something referred to previously in the document. (prej omenjeni)
Agency
the relationship between a principal and an agent.
(zastopanje)
Agent
someone appointed to act for a principal.
(zastopnik, agent)
(prepir, pretep)
Aggravated assault a more serious type of assault such as one leading to actual bodily harm.
(huda telesna pokodba)
Alibi
a claim that a person was elsewhere when a crime was committed. If someone is accused
of a crime their alibi is:
evidence that the person was somewhere else when the crime was committed; or
an attempt to prove that the person was somewhere else when the crime was
committed.
(alibi; drugje ne na kraju dejanja)
Alien
someone from a foreign country.
Alienation
transferring the ownership of property from one person to another.
Alleviate
to lessen or reduce.
Allotment
shares allocated to a buyer. An allotment of shares in a company gives the owner (of the
allotment) an unconditional right to buy the shares at a fixed price. (dodelitev)
(tujec, razlien)
(odtujitev, odsvojitev)
(omiliti, zmanjati)
Alternate director
a person appointed by a director to take the director's place.
Amalgamation
two or more companies combining.
Ambiguity
capability of more than one meaning. When a statement's meaning is not clear because it is
capable of more than one meaning, it contains an ambiguity.
(dvoumnost, nejasnost)
Amnesty
not punishing a person for an offence they have committed and removing details of the
offence from the court's records is giving the person an amnesty. (amnestija, akt milosti)
Annual accounts
the summary of an organisation's financial transactions during the year covered by their
accounts, and a 'snapshot' of the assets and liabilities at the end of the year.(letno poroilo)
Annual general
meeting
the yearly meeting of the members of an organisation which must be held to meet legal
conditions. The annual accounts are presented for approval at this meeting.
(letna skupina)
Annul
to cancel, e.g. an invalid marriage or a bankruptcy order.
Antenuptial
agreement
a legal agreement between two people who are about to get married. The agreement sets
out how the couple's assets will be divided between them if they later divorce.
(predporoni sporazum)
Appeal
asking a court to overturn a lower court's decision. If the decision of a court is disputed it
may be possible to ask a higher court to consider the case again by lodging an appeal.
(pritoba; tudi poziv)
Appellant
the person who is appealing to a court against a decision of a lower court. (pritonik)
Applicant
the person asking a court to do something.
Appointee
the person who gets the benefit of the use of a power of appointment. (imenovani)
Appurtenances
minor rights in land such as a right to do something on the land.

(pritikline, posestna pravica)
Arbitration
settling a dispute by using a referee. If a dispute goes to arbitration it is settled by an

independent referee. It avoids having to use the courts to settle the dispute. (arbitraa)
(namestnik direktorja)
(zdruitev, fuzija)
(razveljaviti)
(tonik, vlagatelj zahtevka, prosilec)
Arbitrator/arbiter the independent referee who settles a dispute without the need to use the courts.
(razsodnik, arbiter)
Arrest
to seize someone, usually because they are suspected of committing a crime, and take them
into custody. (pripreti, zapreti, zadrati)
Arson
setting fire to something to cause damage to it.
Article
a clause in a document.
Assault
when someone threatens another person with physical harm. (napad, telesna pokodba)
Assent
to agree, consent with certain proposal or argument.
Assets
something owned such as a building, a vehicle or money in the bank. (premoenje)
(poig)
(len, doloilo)
(privolitev, strinjanje)
Assign
to formally transfer something, such as when ownership of property is transferred from

one person to another.
(nakazati, prenesti)
Assignment
the formal transfer of the rights to something. An example would be a bank customer
assigning to the bank the right to receive the benefits from a life insurance policy to give
the bank security for a loan.
(nakazilo, prenos)
Assurance
insurance cover for an event which will definitely happen, such as death.
(zavarovanje, jamstvo, zagotavljanje)
Assured
the person whose life is insured or who is entitled to receive the benefit from the assurance
cover. (zavarovan)
Attest
to sign to witness a signature on a document.
Attorney
a person appointed to act for another person (such as when someone cannot look after their
own affairs). It is also the name used for a US lawyer.
(pravni zastopnik)
Audit
an independent examination of an organisation's records and financial statements (report

and accounts) to make sure that the financial statements show a fair reflection of the
financial position at the accounting date.
(revizija)
Autopsy
an examination of a dead body to find the cause of death.
(izpriati, potrditi)
(obdukcija, razteleenje)
B
Bail
to pay, or promise to pay, an amount of money so that an accused person is not put in
prison before the trial. If the accused person does not appear at the trial, the court can keep
the money put up for bail.
(varina, tudi porotvo)
Balance sheet
a summary of an organisation's financial position. It lists the values, in the books of

account on a particular date, of all the organisation's assets and liabilities. The assets and
liabilities are grouped in categories and paint a picture of the organisation's strengths and
weaknesses.
(bilanca stanja)
Bankrupt
someone who has had a bankruptcy order.
Bar
the collective term for barristers. When a lawyer becomes a barrister, it is called 'being
called to the bar'.
(odvetnitvo, advokatura)
Barrister
a lawyer who can speak in the higher courts, which a solicitor is not allowed to do (in
England and Wales).
(zagovornik, odvetnik)
Barter
a way of paying for things by exchanging goods instead of using money.
Beneficiary
someone who benefits from a will, a trust or a life insurance policy. (koristnik, dedi)
Bequeath
to leave something (such as possessions or money) to someone in your will.

(zapustiti, voliti v oporoki)
Bequest
something given in a will. (zapuina, volilo)
Bigamy
the offence committed by someone who is already married but still goes through a
marriage ceremony with someone else.
(dvoenstvo, dvojna zakonska zveza)
(steajni dolnik)
(menjava)
Bill of exchange
a signed written order, instructing the person it is addressed to pay an amount of money to
someone. A cheque is a type of bill of exchange. (menica, vrsta vrednostnega papirja)
Binding effect
the fact that an agreement must be kept to by law.
(zavezujo uinek)
Binding precedent following the decisions made by higher courts in common law. Lower courts must follow
the precedents set by the decisions of higher courts and this is called binding precedent.
(zavezujo precedens, predhodna sodna odloba v common law sistemu)
Blackmail
demanding payment from a person in return for not revealing something shameful about
them.
(izsiljevanje)
Bodily harm
physical injury or pain.
Bond
a written promise to repay a debt at an agreed time and to pay an agreed rate of interest on
the debt.
(zadolnica, obveznica)
(telesna pokodba)
Breach of contract failing to carry out a duty under a contract.
(kritev pogodbe)
Breach of duty
failing to carry out something which is required by law, or doing something the law
forbids.
(kritev obveznosti, dolnosti)
Bribery
Procuring an official to commit an illegal act of providing certain benefit to the briber
(podkupovanje; tudi corruption)
Burglary
entering a building without permission with the intention of stealing or doing damage.
(vlom)
C
Call
asking people to pay for new shares they have applied for. A company makes a call when
it asks buyers of its new shares to pay some, or all, of the share price. When this happens
the shares are being called up.
(poziv, klic)
Canon law
the name for the rules used for running a Christian church.
Capacity
someone's ability to enter into a legal agreement. For example, a minor would not be able
to buy something on credit.
(sposobnost poslovna)
Capital gain
the profit you make if you sell or dispose of a long-term asset (such as a building) for more
than it cost you.
(dobiek)
Capital gains tax
a tax charged on certain capital gains.
Capital
punishment
punishing someone for a crime by killing them.
Careless driving
driving a car without consideration for other people using the road. (lahkomiselna vonja)
Cartel
an agreement between businesses to restrict competition and e.g. keep prices high. (kartel,
sporazum med podjetji, ki omejuje svobodno konkurenco)
Case law
law that is based on the results of previous court cases. (sodna praksa)
(kanonsko pravo)
(davek na dobiek)
(smrtna kazen)
Causation
one thing being done causing something else to happen. (vzronost, povzroitev)
Cause of action
the reason someone is entitled to sue someone else.
Caution
is a warning given by the police to a suspected criminal when the suspect is arrested.
(opomin, pouk)
(tobeni temelj)
Certificate of origin a certificate stating in which country the goods being imported were made.
(potrdilo izvora)
Chambers
the offices used by barristers and the judge's private office. (uradni prostor, urad)
Charge
means to formally accuse someone of committing a crime. (obtoiti; tudi zaraunati)
Charity
an organisation set up to do good for the community, such as help poor people, educate
people and protect animals. (dobrodelna organizacija)
Chattels
any property except freehold land.
Cheque
a written order, addressed to a bank, instructing the bank to pay an amount of money to the
person or organisation named on the cheque. The bank takes the money out of the relevant
customer's account.
(ek)
Child abuse
molestation or ill-treatment suffered by a child.
Circumstantial
evidence
evidence which suggests a fact but does not prove the fact is true. (posredni dokaz po
sklepanju na okoliine)
Civil court
a court which does not hear criminal cases. It deals with people's rights such as collection
of debts.
(sodie za civilnopravne zadeve)
Claim
means:
to apply for a right;
to demand a remedy; or
an application for something such as a right.
(preminine)
(zloraba otroka)
(toba, zahtevek)
Claimant
the person making a claim.
Clause
a section in a contract.
Coercion
used as a defence that a crime was committed because the person accused was forced to do
it. (sila; silobran self-defence)
Compensation
money paid to make up for damage or loss caused.
Compulsory
winding up
the liquidation of a company by order of the court. It usually happens because the
company has not been able to pay its bills on time and a creditor has presented to the court
a petition for winding up the company. (prisilno prenehanje drube, likvidacija)
Concealment
failure by one side negotiating a contract to disclose (reveal) information which the other
side would need to consider when deciding whether or not to go ahead.
(prikrivanje)
(tonik)
(klavzula, del dogovora, pridrek)
(odkodnina, nadomestilo)
Confiscation order If someone has been convicted of a crime the court may order the person convicted to pay
the court a sum of money. This is called a confiscation order.
(odredba o zasegu, zaplembi)
Consent
to agree to something. A contract would not be valid unless all the parties consented to it.
(privolitev, soglasje, privoliti, soglaati)
Consignee
the person goods have been sent to. (naslovnik, konsignator, prejemnik blaga)
Consignor
the person who sent the goods.
Conspiracy
is:
(poiljatelj)
an agreement by two or more people to commit a crime; or

some people acting together and harming a third party.
(zarota)
Contract
an agreement between two or more people (or groups) to do (or not to do) something. The
agreement can be enforced by law.
(pogodba)
Conviction
being found guilty of a criminal offence.
Copyright
a legal right which stops things being copied without permission. If you have the copyright
over something (such as a book or music), nobody can copy it or reproduce it without your
permission.
(avtorska pravica)
Coroner
a person who investigates the cause of death when a person has suffered a sudden, violent
or suspicious death.
(mrliki oglednik)
(obsodba)
Corporate body (or a group of people acting together, such as a club. The group has a separate legal identity
from the individual members' identities. A company is another example of a corporate
corporation)
body.
(korporacija, delnika druba)
Counsel
a barrister or group of barristers.
Counterclaim
making a claim in court against someone who has already made a claim in court against
you.
(nasprotna toba, terjatev)
Counterfeit
something that is forged or copied with the intention of deceiving. (ponaredek, ponarediti)
Court of Appeal
a court which hears appeals against the decisions of other courts. (pritobeno sodie)
Creditor
a person you owe money to.
Criminal
responsibility
When someone reaches the age when the law says they are able to commit a criminal
offence they have reached the age of criminal responsibility.
(kazenska odgovornost)
Customs duties
duties which are charged on imports of goods into the EU.
(svetovalec, odvetnik)
(upnik)
(carina)
D
Damages
the name for money awarded by a court as compensation.
Debenture
a document issued by a company which acknowledges that some or all of the company's
assets are security for a debt (usually to a bank). It is also the name for certain long-term
loans to companies.
(zadolnica, obveznica)
(odkodnina)
Debt
money owed.
Debtor
someone who owes you money.
Deceit
when one person deliberately misleads a second person with a statement which causes the
second person to do something that causes them damage. (goljufija)
Decree
an order by a court.
Deed
a legal document which commits the person signing it to something.
Defamation
making a statement, either orally or in writing, which damages someone's reputation.

(obrekovanje)
Default
failing to do something which had been agreed to. (izostanek, neizpolnitev)
Defence
the name for the team of people (lawyers and so on) defending against proceedings
brought against someone.
(obramba)
Defendant
a person defending a court action which has been taken against them. (obtoenec, toenec)
Dependant
someone who depends on someone else for financial support. (vzdrevana oseba)
Deposition
a statement, by a witness, made under oath.
Depreciation
the drop in value of an asset due to wear and tear, age and obsolescence (going out of
date), as recorded in an organisation's financial records.
(razvrednotenje)
Derogation
damaging someone's rights or entitlements.
Diminished
responsibility
a defence sometimes used for someone charged with murder, that they suffered lowered
powers of reasoning and judgement because of their unusual state of mind. If their defence
succeeds they will be convicted of manslaughter. (zmanjana odgovornost)
Discharge
release from:
a commitment such as a debt;
a contract because it has finished or the parties agree to end it; or
a punishment for a crime.
(odpustitev)
Disclaim
to give up a claim or a right or refuse to take over an onerous (having more obligations
than advantages) contract.
(odrei se)
Dissent
to disagree. An appellate court opinion setting forth the minority view and outlining the
disagreement of one or more judges with the decision of the majority. (drugano mnenje)
Distrain/distress
to seize goods as security for an unpaid debt.
Divorce
the legal end to a marriage.
Duress
threatening or pressurising someone to do something.
(dolg)
(dolnik)
(odredba)
(pogodba)
(prievanje)
(omejitev, znianje)
(zapleniti, zasei, zaplemba)
(razveza)
(sila)
10
E
Equity
Generally, justice or fairness. Historically, equity refers to a separate body of law

developed in England in reaction to the inability of the common-law courts, in their strict
adherence to rigid writs and forms of action, to consider or provide a remedy for every
injury. Equity and law courts are now merged in most jurisdictions.
Estate
Is all a person owns at the date of their death.
Estoppel
a rule of law that a person cannot deny something they previously said, if someone else
acted on what was said and their position was changed, possibly for the worse, as a result.
Euthanasia
killing someone to end their suffering.
Evidence
Information presented in testimony or in documents that is used to persuade the fact finder
(judge or jury) to decide the case for one side or the other. (dokaz)
Excess of
jurisdiction
someone such as a judge acting without authority.
Excise duty
a type of tax levied on certain goods such as petrol. It is also levied on some activities such
as gambling and on certain licences for activities (such as driving a car on the public
roads).
(troarina)
Exclusive licence
a licence under which only the licence holder has any rights. (izkljuna licenca)
Execute
to carry out a contract.
Executor
a man/woman appointed in a will to deal with the estate, according to the wishes set out in
the will.
(izvritelj)
Expert witness
an expert in a particular field who is called to give an opinion in a court case. (izvedenec)
Extradition
the handing over of a criminal to the country the crime was committed in. (izroitev)
(posestvo)
(evtanazija, milostna smrt)
(prekoraitev pristojnosti)
(izvriti)
F
False
imprisonment
wrongfully keeping someone in custody (for example in prison). (zmotno zaprtje)
False pretence
misleading someone by deliberately making a false statement. (prevara)
Felony
the former term used for serious crimes such as rape or murder. It is still in use in the
USA.
(zloin)
File
To place a paper in the official custody of the clerk of court/court administrator to enter
into the files or records of a case.
(vloiti)
Force majeure
an event which cannot be controlled and which stops duties under an agreement from
being carried out. (This phrase is French.)
(vija sila)
Foreclosure
repossessing property. If a mortgagor (the borrower) has failed to keep up the repayments
on a mortgage, the mortgagee (the lender) may apply to the High Court for an order that
the debt be repaid by a particular date. If the debt is not repaid the property will be
repossessed.
(zaplemba in prodaja upnikovega premoenja)
11
Fostering
looking after other people's children. Sometimes children are looked after by people who
are not their parents (natural or adopted). It usually happens because the parents cannot
look after the children properly because of changed circumstances such as illness.
(rejnitvo)
Fraud
lying or deceiving to make a profit or gain an advantage, or to cause someone else to make
a loss or suffer a disadvantage.
(prevara, goljufija)
Free of
encumbrances
no one else having any rights over something. When property is owned by someone and
nobody else has any rights over it, it is owned free of encumbrances. (prosto bremen)
Frustration
stopping a contract. Sometimes a contract cannot be carried out because something has
happened which makes it impossible. (razveza pogodbe)
G
General meeting
a meeting of the members of a company to make decisions about the company.

(skupina)
Guarantee
a promise by a person (the guarantor) to repay a debt owed by a second person if the
second person fails to repay it. For example, a guarantee is sometimes required by a bank
before it will lend money to a customer.
(porotvo)
Guarantor
a person or organisation that promises to pay a debt owed by a second person, if the
second person fails to repay it.
(porok)
Guardian
a person appointed formally to look after the interests of a child, or of someone who is not
capable of looking after their own affairs. (skrbnik)
Guilty
a court's verdict that the person charged with a crime committed it.
(kriv)
H
Harassment of
debtors
the illegal act of attempting to collect a debt by threatening, or habitually acting in a way
that humiliates or distresses, a debtor.
(trpinenje dolnikov)
Hearsay evidence
evidence given in court of something said to the witness by another person. (govorica)
Hire
to pay to borrow something for a period.
House of Lords
the highest court in the UK. (zgornji dom anglekega parlamenta in vrhovno sodie)
(najeti)
I
Inadmissible
That which, under the rules of evidence, cannot be admitted or received as evidence.
(nedopusten)
Indict
using legal means, to officially accuse someone of committing an offence. (obtoiti)
Indictment
a document setting out the details of the offence a defendant is accused of.
(obtonica, obtoba)
12
Injunction
Writ or order by a court prohibiting a specific action from being carried out by a person or
group. A preliminary injunction is granted provisionally, until a full hearing can be held to
determine if it should be made permanent.
(sodni nalog, sodna prepoved; zaasna odredba)
Intangible property property which does not physically exist, such as a right or a patent.
(neopredmetena sredstvo)
Interest
a legal right to use property.
Interlocutory
proceedings
the first things to be done before a civil case comes to trial.
(obresti)
(predhodni postopek)
Intestacy/intestate when someone dies without leaving a will. Their estate is divided up between their
relatives following the rules set by law. (smrt brez oporoke)
Intimidation
threatening or frightening someone into doing something.
Issue
The legal word for the matter to be decided by a court action.
(gronja)
(zadeva)
J
Joint and several
liability
two or more people responsible for repaying a debt. They are each responsible individually
to repay all the debt as well as being responsible as a group. (solidarna odgovornost)
Judge
a person whose job is to adjudicate in court cases.
Judgement
a decision by a court.
Judgement in
default
getting a judgement against you because you failed to do something. If a civil case has
gone to court but the defendant does not do something required by the court (such as turn
up), judgement for the claimant may be given. (zamudna sodba)
(sodnik)
(sodba)
Judicial immunity immunity that a judge normally has from being sued for damages when acting as a judge.
(sodna imuniteta)
Jurisdiction
is:
the territory in which a court can operate;
the power it has to deal with particular cases; or
the power it has to issue orders.
(sodna pristojnost)
Juror
one of the people who are acting as a jury.
Juvenile offender
a person aged between 14 and 18 who has committed a criminal offence.

(mladoletniki prestopnik)
(porotnik)
K
Kidnap
to take someone away by force against their will.
(ugrabitev)
13
Know-how
the expertise in an organisation which may be protected by a patent.
L
Land
Includes the buildings built on the land; the subsoil; the airspace above the land necessary
for ordinary use of the land; and property fixed to the land. (nepreminina, zemljie)
Lawsuit
a claim made in a court of law.
Leading question
a question which:
suggests the answer to be given; or
assumes things to be true which in fact are disputed. (zavajajoe vpraanje)
Lease
a contract between the owner of a property and a tenant, giving the tenant sole use of the
property for an agreed time. (najem, zakup)
Legal aid scheme
a scheme for paying legal costs out of public funds for people who cannot afford to pay for
them. (pravna pomo)
Letter of credit
a letter one bank sends to a second bank asking them to pay money to a named person.
(kreditno pismo, akreditiv)
Liability
a debt or obligation.
Licence
an authority to do something.
(toba, pravda)
(obveznost)
(dovoljenje, pooblastilo)
Life imprisonment a sentence given to a criminal to be imprisoned for the rest of their life.
(doivljenjska zaporna kazen)
Limited company
a company which limits how much its members will have to pay if the company is wound
up. The members of most limited companies will only have to pay any money unpaid on
their shares. (kapitalska druba d.o.o. in delnika druba)
Liquidation
the process of winding up a company by disposing of its assets, paying its creditors in a
strict order of priority and distributing any money left among the members.
(likvidacija, oblika prenehanja gospodarske drube)
Litigant
a person involved in a lawsuit.
Litigation
taking legal action through the courts.
Loan capital
money borrowed by an organisation.
(pravdna stranka)
(pravdanje)
(tuj, sposojen capital)
M
Maintenance
money paid (and things paid for) to support a partner (husband or wife) and children when
a marriage has failed.
(preivnina)
Majority
the age when a person gains full legal rights and responsibilities. In Slovenia it is when a
person becomes 18 years old. (polnoletnost; veina)
Mandate
an authority to act given by one party to another.
(naroilo, mandat)
14
Manslaughter
killing someone illegally but by accident.
(uboj na mah)
Matrimonial causes the court proceedings: to divorce people; to separate a married couple; or to dissolve a
marriage.
(zakonski spori)
Mediation
help from an independent person (a mediator) to solve differences between a husband and
wife whose marriage has broken down. The mediator helps them to agree what should be
done about their children, money and so on. (mediacija, posredovanje)
Mercantile law
the branch of the law dealing with commerce.
Minor
someone who has not yet reached the age when they get full legal rights and
responsibilities. In Slovenia this is a person under 18 years old.
(mladoletnik)
Minority
being under the age of full legal rights and responsibilities.
Minutes
a record of the meetings held by members and directors of companies. (zapisnik)
Misadventure
an unexpected accident which happens while lawfully doing something.
Miscarriage of
justice
the court system failing to give justice to someone.
Misconduct
deliberately doing something which is against the law or which is wrong.

(nepravilno, nezakonito ravnanje)
(trgovinsko pravo)
a trial that has been made invalid.
(nesrea)
(nepravina, zmotna sodba)
Misrepresentation a lie told to persuade someone to enter into a contract.
Mistrial
(mladoletnost; manjina)
(zavajanje)
(neveljaven proces)
Molest/Molestation behaviour by a person which annoys or greatly troubles their children or spouse. The
behaviour can include violence, verbal threats and written threats. (nadlegovanje)
Money laundering making money from crime and then passing it through a business to make it appear
legitimate.
(pranje denarja)
Moratorium
an agreement not to take action to recover a debt for an agreed period of time.
(moratorij, odlog)
Mortgage
using property as security for a debt. It is also the name for the contract which is signed by
the borrower and lender when money is lent using property as security for a loan.
(hipoteka)
Motive
a reason for a person doing something. (motiv, nagib)
Murder
The unlawful killing of a human being with deliberate intent to kill. Murder in the first
degree is characterized by premeditation; murder in the second degree is characterized by
a sudden and instantaneous intent to kill or to cause injury without caring whether the
injury kills or not. (See also manslaughter.)
(umor)
15
N
Naturalisation
giving a citizen of one country citizenship of another.

(naturalizacija, sprejem v dravljanstvo)
Negligence
lack of proper care to do a duty properly. (malomarnost)
Negligent
lacking proper care to do a duty properly. (malomaren)
Notary
a person (usually a solicitor) who is authorised to certify documents, take affidavits and
swear oaths.
(notar)
Notice
a warning of something which is about to happen.
Novation
replacing an existing agreement with a new one.
Nuisance
doing something that harms other people's rights.
(obvestilo, oglas, opomin)
(prenovitev, novacija)
(motenje, emisija)
O
Oath
swearing the truth of a statement.
Obligation
a legal duty to do something.
Obligee
someone who, under a contract, receives money or has something done. (upnik)
Obligor
someone who is bound by a contract to pay money or do something. (dolnik, zavezanec)
Occupation
taking control of a piece of land which belongs to someone else.
Occupational
pension scheme
a pension scheme organised by an employer for its employees.

(poklicno pokojninsko zavarovanje)
Offensive weapon
an object that is intended to physically injure someone. (oroje)
Offer
a promise to do something, or not to do something. If the promise is accepted it becomes

legally binding. (ponudba)
Offeror
the person who makes the legally binding offer.
Omission
a failure to do something.
Order
an instruction by or command of a court.
(zaprisega)
(obligacija, obveznost)
(ponudnik)
(opustitev)
(odredba)
(prilastitev, okupacija)
16
Overt act
an act done openly and from which the criminal intention of the act is clear.
(premiljeno delo)
P
Parole
release from prison early. If someone is given parole they may be returned to prison if they
offend again.
(pogojni odpust)
Party
the claimant or defendant in a lawsuit. It is also someone who has taken out a contract or
agreement.
(stranka)
Patent
an official right for a specified period of time to be the only person (or organisation) to
make or sell something.
(patent)
Pawn
to pledge goods as security for a loan.
Penalty
is:
(zastaviti)
a sum of money which has to be paid if the terms of a contract are broken; or
a punishment given to someone who commits a crime.
(kazen)
Performance
doing what is required under a contract.
Perjury
lying to a court after you have been sworn in.
Plaintiff
the person who goes to court to make a claim against someone else. (Since April 1999, this
term has been replaced with 'Claimant'.)
(tonik)
Plea
the defendant's answer to the accusations.
Plead
to declare to the court whether you are guilty or not guilty.
Polygamy
being married to more than one person at once.
Possess
to have property under your control.
Possession
having something under your control even though you may not own it. (lastnina/posest)
Possessory title
gaining title through possession. (lastninski naslov)
Preamble
an explanation of a proposed law.
Precedent
In common law system lower courts have to follow the decisions of the higher courts.
(precedens, prej razsojen primer)
Pre-emption
the right to buy property before others are given the chance to buy. (predkupna pravica)
(izpolnitev)
(kriva prisega)
(zagovor)
(zagovarjati se, braniti se)
(poligamija, mnogoenstvo)
(imeti v last/, v posesti)
(preambula, uvod)
17
Preference
when insolvent, paying one creditor while leaving other creditors unpaid.
(prednost, prioriteta)
Principal
is:
someone who authorises another person to act for them; (naronik, pooblastitelj)
the actual person who committed a crime; or
(glavni storilec)
an amount of money lent or invested, not including the interest. (glavnica)
Privilege
special rights which some people have because of the job they do or their special status.
(privilegij)
Probation
is an alternative to sending the person to prison.
Process
In law a process is:

(sodni postopek, sodni poziv)
a summons or writ which is used to order someone to appear in court;
the whole of a case from beginning to end; or
the total number of summonses or writs issued during a case.
Procurator
a person who has been given authority to manage another person's affairs, such as under a
power of attorney.
(pooblaenec, zastopnik)
Product liability
the liability of manufacturers and sellers to compensate people for unsafe goods which
have caused injury to people or property. (odgovornost za izdelek)
Prosecution
the name for the team of lawyers bringing proceedings against someone else. Also when
legal proceedings are taken against someone it is called a prosecution. (toilstvo, obtoba)
Prosecutor
the person who brings legal proceedings, on behalf of the State, against the accused.
(toilec)
Provocation
causing someone to lose their self-control by doing or saying something (such as

threatening to harm a baby) which would cause a reasonable person to temporarily lose
their self-control.
(izzivanje)
Proxy
a person appointed by a shareholder to go to a meeting of shareholders. The proxy can

vote at the meeting for the shareholder.
(zastopnik, namestnik)
Public nuisance
a crime by which the general public is put in danger or suffers damage to its health,
property and so on.
(motenje javnega reda)
Putative father
the man found by a court to be the father of an illegitimate child.

(nezakonski, sodno ugotovljeni oe)
(pogojna obsodba)
Q
the lowest number of qualifying people needed for a meeting to be able to make a
decision.
(kvorum, potrebno tevilo glasovalec)
Quorum
R
Racial
discrimination
treating someone less favourably because of their race, colour, nationality or culture.
(diskriminacija na temelju rase)
18
Rape
having sex with a person without their permission (such as if they were asleep or
unconscious) or forcing them to have sex against their will. (posilstvo, oneaenje)
Real property
land and buildings, minerals in the land and rights over the land. (nepreminine)
Record
the documents in a court case from beginning to end.
Redemption
paying off all the money borrowed under an agreement.
Redundancy
being dismissed from a job because it no longer exists. (odpust; redundant preseni
delavec)
Registered office
the official address where documents can be served on a company.
Reinsurance
an insurance company insuring part of a risk it is covering. If an insurance company has

taken on a large insurance contract it may decide to spread the risk of loss by insuring part
of the risk with another insurance company.
(pozavarovanje)
Release
means:
(zapisnik)
(odplailo; povraten kup)
(sede)
to free someone from prison; or

(osvoboditev)
a document used to cancel a claim one person has against another.
(pobotnica)
Remedy
using the law to get compensation for damage done or for rights infringed. Also, a remedy
can be using the law to prevent something from happening. (pravno sredstvo)
Rent
a regular payment to the landlord by a tenant in return for being allowed to possess and use
the landlord's property.
(najemnina)
Repeat offender
a person who continues to commit the same offence. (povratnik)
Reply
a claimant's answer to a claim. In a civil case the defendant may offer a defence to the
claim, or even make a counterclaim.
(odgovor na tobo)
Representation
is:
- acting on behalf of someone else (such as a solicitor acting for a client);
- taking someone else's place (such as when a court gives an executor the right to deal
with a dead person's affairs).
(predstavljanje, zastopanje)
Reserves
money set aside in accounts which can be spent in later years. Some types of reserve can
only be spent if certain conditions are met.
(reserve)
Residue
what is left of an estate after all debts, taxes, expenses and specific legacies have been
dealt with. (ostanek premoenja po poplailu dolgov)
Resisting arrest
a person trying to prevent the police arresting him or her. A charge could be made of
obstructing a police officer in the course of duty.
(upiranje prijetju)
Resolution
a decision taken by the members of a company in a meeting.
Respondent
the person an action is being taken against.
(toenec)
(sklep, odloitev)
19
Restitution
is:
(restitucija, vrnitev v prejnje stanje)
- an order for the return of stolen goods to the victim of the theft or for compensation to
be paid to the victim; or
- a writ, following a successful appeal, for the return of the items lost after the original
case.
Restraining order
an order which a court may issue to prevent a person from doing a particular thing. For
example, if someone has been harassing another person, the court may order that the
harassment must stop.
(prepoved priblievanja)
Restriction
when placed on a piece of land the owner cannot sell or mortgage the land. (pridrek)
Revocation
cancellation.
Right of way
a legal right obliging the owner of land to allow authorised people to cross it.
(slunost poti)
Robbery
using or threatening to use force while carrying out a theft.
(preklic)
(rop)
S
Satisfaction
is:
(povrailo, satisfakcija, izravnava)
- paying a debt;
- settling an obligation by an act; or
- settling an obligation by substituting something satisfactory for what was originally
required.
Search warrant
a warrant issued by a judge to allow police officers to search premises.

(nalog za preiskavo)
Securities
stocks, shares, debentures and so on where there is a right to receive interest or dividends
from the investment.
(vrednostni papirji)
Sedition
writing things or saying things which encourage ordinary people to rise up against the
Government or which cause discontent.
(upor, vstaja)
Sentence
the penalty the court imposes on someone found guilty of an offence. (obsodba)
Sequestration
a court order for the seizure of someone's property. (zaplemba, sekvestracija, razlastitev)
Shoplifting
stealing goods from a shop.
Slander
saying something untrue about a person or doing something, such as making a gesture,
which damages their reputation. (ustna alitev asti, obrekovanje)
Smuggling
importing or exporting goods illegally to avoid a ban on them or to avoid the duties on
them.
(tihotapljenje)
20
Stalking
the name given to a form of harassment where a person is made to feel alarmed or
distressed by another person's actions. The prosecution has to prove that a reasonable
person would have known that the behaviour would create distress or fear. The harassment
must have happened on at least two occasions.
(zalezovati)
Statute
an Act of Parliament.
Statute law
the law created by Acts of Parliament.
Statutory audit
an audit required by law. Certain companies have to have their accounts audited by
suitably qualified accountants.
(revizija)
Stockbroker
a person who buys and sells stocks and shares for clients. (borzni posrednik)
Subrogation
substituting one person for another including all rights and responsibilities.
(nadomestitev, zamenjava, subrogacija)
Subsidiarity
subsidiary activities. Member countries of the European Community agreed that activities
could be done by the individual member countries unless they could not do them
adequately alone. The European Community therefore should only do subsidiary activities
and this is called subsidiarity.
(subsidiarnost)
Subsidiary
a company controlled by another company. The control is normally a result of having

more than 50% of the voting rights.
(odvisna druba)
Sue
to start legal proceedings in the civil court against someone.
Suicide
the act of killing oneself intentionally.
Suit
proceedings brought by one person against another in a civil court.
Summons
an order by a court that a person attend at a particular court at a stated time on a particular
date.
(poziv)
Supreme Court
the highest court (vrhovno sodie)
(zakon)
(zakonsko pravo; precedenno pravo)
(toiti)
(samomor)
(toba, pravda)
T
Tangible asset
an asset which can be physically touched.
Tax
money raised by the Government to pay for the services it provides. Some taxes are called
indirect because they are part of the price we pay for goods and services, such as VAT.
Other tax is called direct because the individual taxpayer pays it. Income tax and
corporation tax are examples of direct taxes.
(davek)
Taxation
the levying of taxes.
Tenant
a person or organisation granted a lease.
(opredmeteno premoenje)
(obdavitev)
(najemnik, zakupnik)
21
Term
any of the clauses which form part of a contract.
Terrorism
using violence for political purposes.
Testator
a person who makes a will.
Testify
to give evidence.
Testimony
the evidence a witness gives in court.
Theft
taking someone else's property dishonestly, with the intention of never returning it.
(tatvina)
Title
the right to own something.
Tort
doing something which harms someone else. It may result in a claim for damages. (This
word is Old French.) (delikt)
Trademark
a mark which is registered at trademark registries and which is used on products produced
by the owner. It is illegal for anyone else to display the mark. (blagovna znamka)
Treason
the crime of betraying your country such as helping your country's enemies in wartime.
(izdaja)
Trespassing
going on land without the owner's permission.
(doloba, pogoj)
(terorizem)
(oporonik)
(priati)
(prianje)
(pravni naslov, pravna osnova)
(nepooblaen vstop)
U
Unfair contract
terms
prevents a party to a contract unfairly limiting their liability. (nepoteni pogodbeni pogoji)
Unfair dismissal
sacking an employee unfairly. When an employee has been dismissed it is the employer's
responsibility to prove that the dismissal was fair.
(nezakonita odpoved delovnega razmerja)
V
Void
unable to be enforced by the law.
Voidable
able to be cancelled in certain circumstances.
(nien)
(izpodbojni)
W
Will
a legal document which people use to bequeath (leave as a gift) money and property when
they die.
(oporoka)
Winding up
disposing of all a company's assets and paying all its debts. Any money left is then divided
among the members.
(likvidacija)
Witness
someone who:
(pria)
- watches a signature being put on a document, and then signs as well to verify the
signature's authenticity; or
- attends court to testify about events they know about.
Writ
an order issued by a court telling someone to do something or not to do something.

(sodno pisanje)
22

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ENGLISH LEGAL TERMINOLOGY

Maribor, September 2006