A legal restriction against the use of something or against certain
conduct. For example, in the 1920s, both the USA and Canada enacted
liquor prohibitions, outlawing the manufacture or use of alcoholic beverages.
The person who has become obliged through a promise (usually expressed
in a contract) towards another, the intended beneficiary of the promise
being referred to as the promisee. Also sometimes referred to a "obligor."
An unconditional, written and signed promise to pay a certain amount
of money, on demand or at a certain defined date in the future. Contrary
to a bill of exchange, a promissory note is not drawn on any third party
holding the payor's money; it is a direct promise from the payor to
A document which gives a person the right to make binding decisions
for another, as an agent. A power of attorney may be specific to a certain
kind of decision or general, in which the agent makes all major decisions
for the person who is the subject of the power of attorney. The person
signing the power of attorney is usually referred to, in law, as the
donor and the person that would exercise the power of attorney, the
Latin: used to refer to the actual writ that would be presented to a
court clerk to be officially issued on behalf of the court but now mostly
refers to the covering letter from the lawyer (or plaintiff) which accompanies
and formally asks for the writ to be issued by the court officer. The
precipe is kept on the court file, but does not accompany the writ when
the latter is served on the defendant.
An offence against the King or Parliament, in old English law, which
led to serious penalties but not capital punishment.
Words that express a wish or a desire rather than a clear command. "Precatory
words" are often found in trusts or wills and cause great difficulties
when courts try to find the real intention of the settlor or testator,
For example, the words "all my property to my wife to be disposed
of as she may deem just and prudent in the interest of my family"
were found to be "precatory" and did not constitute a trust
for family members other than the wife.