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Legal Terminology

IF YOU are lost in the sea of legal jargon, we will here lend you a hand. Do you need to know the meaning of some equally puzzling legal terms? Here you will find definitions from the common to the bizarre in simple English.

Fiat: It means 'let it be done.' A decree; a short order or warrant of a judge or public officer that certain steps should be taken. In many countries, it is provided that proceedings may not be instituted without the sanction of the Attorney-General.

Tort: Tortus means twisted, distorted. A civil wrong independent of contract. Liability in tort arises from breach of a duty primarily fixed by the Law, which is towards others generally, breach of which is redressible by an action for unliquidated damages. It is also an injury to one person for which the person who caused the injury is legally responsible. A tort can be intentional, like an angry punch in the nose, but is far more likely to result from carelessness (called 'negligence'), such as riding your bicycle on the sidewalk and colliding with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a requirement, libel, slander and the 'intentional infliction of mental distress' are on a good-sized list of torts not based on a physical injury.

Liable: Legally responsible. For example, a person may be liable for a debt, liable for an accident due to careless behaviour, liable for failing do something required by a contract or liable for the commission of a crime. Someone who is found liable for an act or omission must usually pay damages or, if the act was a criminal one, face punishment.

Libel: It is a false and defamatory statement made of or conveyed by written or printed words without lawful justification or excuse. It is also untruthful statement about a person, published in writing or through broadcast media, that injures the person's reputation or standing in the community. Because libel is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. Libel is a form of defamation. Libel is considered more serious than slander because the communication is permanently recorded in print or because it was broadcast to a large number of people.

Slander: It is a false and defamatory statement made by spoken words or gestures to a person other than the person defamed, causing injury to him. It is also a type of defamation. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media -- for example, over the radio or on TV, it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience.

Defamation: A false statement that injures someone's reputation and exposes him to public contempt, hatred, ridicule or condemnation. Defamation is also a tort.

Toxic tort: A personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages and pain and suffering.