What Does this Technical Term Mean?
| Author | Emily Allbon/Ian Hunter/Peter Clinch |
| Pages | 329-373 |
Appendix 2
What Does this Technical Term Mean?
This glossary includes terms commonly discovered or used in the process of legal research. It covers not only usage in the United Kingdom but also in associated jurisdictions within which UK-based users might need to research (e.g. the European Union, the United States and within international law). Standard legal terms which may be found in a general dictionary of law have been omitted except in a few instances. Also, where a term has several meanings, usually, only the definitions relating to the process of legal research have been selected for inclusion.
The following were consulted in the preparation of this glossary:
• Beaton, JA, Scots Law Terms and Expressions (W Green & Son, 1982).
• Clinch, P, Using a Law Library (Oxford University Press, 2nd edn, 2001).
• Curzon, LB, Dictionary of Law (Longman, 6th edn, 2002).
• Fox, EH (compiler), The Legal Research Dictionary: from advance sheets to pocket parts (Legal Information Services (US), 2nd edn, 2006).
• McKie, S, Legal Research: how to find and understand the law (Cavendish, 1993).
• Garner, BA, A Dictionary of Modern Legal Usage (Oxford University Press, 2nd edn, 2001).
• Redfield, SE, Thinking like a Lawyer (Carolina Academic Press, 2002).
• Stott, D, Legal Research (Cavendish, 2nd edn, 1999).
• Tunkel, V, Legal Research (Blackstone Press, 1992).
Key
Most entries refer to terms used in the United Kingdom. Where it is necessary to differentiate between nations the following indicators are given at the beginning of the definition:
• EU: definition applicable to use in the European Union.
• Scotland: definition applicable to use in Scotland.
• UK: definition applicable to use in the United Kingdom.
• US: definition applicable to use in the United States.
• Wales: definition applicable to use in Wales.
Where a word or phrase in a definition or explanation is given in italics, an entry for that item (usually in the singular spelling of the word) appears elsewhere in the glossary.
330 Legal Research: A Practitioner’s Handbook
Abridg(e)ment
Usually spelt without an ‘e’. A legal digest or encyclopedia, referring usually to those published between the late-15th and late-18th centuries
Abstract
(1) UK: summary of a judgment or title
(2) US: shortened form of ‘abstract of title’, that is, the history of a particular piece of land, consisting of a written summary of the documents affecting title
Acronym
Initial letters or parts of a phrase or compound term, e.g. NATO
Act (as in enactment)
(1) Synonym for statute. Usually capitalised as ‘Act’ to avoid confusion with the noun: act (a process of doing something)
(2) The document resulting from a formal conference of the officials of nations or international bodies See also Statute
Acts and resolves
US: Name of the compiled sessionlaws in some states of the United States
Acts of Adjournal
Scotland: made by the High Court of Justiciary and contain rules for regulating procedure in criminal cases in that court, in the sheriff court when dealing with criminal cases, and in the district court. An Act of Adjournal is a statutory instrument. The Acts are published by The Stationery Office and reproduced in Scots Law Times and in the Parliament House Book
Act of Parliament
UK: a Bill of Parliament which has been passed by both Houses of Parliament at Westminster and then received the Royal Assent. Acts of Parliament are sometimes collectively known as ‘The Statute Book’
Act of the Scottish Parliament
A Scottish Parliament Bill which has been passed by the Scottish Parliament and has received the Royal Assent
Acts of Sederunt
Scotland: made by the Court of Session and contain provisions of a legislative kind but most are concerned with the regulation of procedure followed in the Court of Session, in civil cases in the sheriff court and by administrative tribunals. They are statutory instruments and published by The Stationery Office and reproduced in Scots Law Times and in the Parliament House Book
Administrative code
US: a publication, organised by subject area, containing the permanent, general and current rules in effect as of the date of publication. The subject areas are often called titles. Some administrative codes are annotated
Administrative law
Decisions, opinions, rules and other actions that issue from federal and state administrative agencies and the executive branch
Advance annotation service
US: a service consisting of pamphlets published commercially throughout the year, often monthly or bimonthly. The pamphlets update the statutory code and the pocket parts and contain recent annotations to authority applying or interpreting the law. Also called later case service
Advance code service
See Advance legislative service
Appendix 2 331
Advance legislative service
US: a series of pamphlets published commercially throughout the legislative session at periodic intervals (and after the session has ended) with the text of the new session laws. The service updates the statutory code and annual pocket parts. Also called legislative service, session law service or advance code service
Advance opinions
See Advance sheets
Advance reports
See Advance sheets
Advance sheets
US: collections of reported cases published in soft-cover publications:
(1) legislative advance sheets, see Advance legislative service
(2) judicial/administrative advance sheets
Pamphlets of recent opinions (or sometimes a group of pages from a looseleaf service) covering one court or a group of courts. Also called advance reports or advance opinions
Advisory opinion
US: term used in three different contexts:
(1) judicial advisory opinion: a nonbinding opinion issued by a court that interprets the law. Issued in response to a request from government officials, often legislators or the chief executive
(2) administrative agency advisory opinion: an opinion issued by an administrative agency. The opinion often interprets or implements a rule or statute over which the administrative agency has jurisdiction
Advisory opinion of an attorney general, see Attorney General opinion
Agenda
(1) plural form of Latin noun: agendum – ‘something to be done’
(2) a singular noun meaning ‘a list of things to be done’ or ‘a list of business to be conducted at a meeting’
Agreement
(1) a generic term embracing the widest range of international instruments both written (a treaty or convention) and oral
(2) specific term referring to a less formal document with a narrower range of subject matter than a treaty. There is a tendency to apply the term to bilateral or restricted multilateral treaties. Agreements frequently cover matters of co-operation
(3) specific meaning in connection with agreements in regional integration schemes, where instruments concluded within the framework of the constitutional treaty of the scheme are termed agreements
Amendment
(1) a legislative change in a statute or constitution, usually by adding provisions not in the original or
(2) the correction of an error or supplying of an omission in process or pleadings
American Association of Law Libraries (AALL)
US: professional association founded in 1906 to promote and enhance the value of law libraries to the legal and public communities, to foster the profession of law librarianship, and to provide leadership in the field of legal information. See
American Digest System
US: indexing classification system created by John West in the late 1800s to access reported case law
Amicus brief
US: a document submitted to a court to persuade the court to accept a legal proposition. An amicus brief is submitted to a court by a non-party to the litigation either in support of a party to the litigation or is submitted by a party having an interest in the issue being litigated
332 Legal Research: A Practitioner’s Handbook
Annotation
A note that explains or criticises (usually a case), especially to give, in condensed form, some indication of the law as deduced from cases and statutes, as well as to point out where similar cases can be found
Annotated
A publication that provides annotations to clarify, explain or interpret text
Annotated Code
US: a code with annotations added by editors employed by the publisher. The annotations generally include excerpts of judicial opinions that have interpreted the statute, relevant secondary authority discussing or analysing the statute and other references and research aids. Annotated statutory codes are usually unofficial publications. See also Administrative code, Statutory code
Annual Abridgement
Volumes published each year recording in summary form changes to the law. In England and Wales the best-known example is the set of Annual Abridgment volumes to Halsbury’s Laws of England
Annual report
Report produced each year on the activities, operations and accomplishments of an official or organisation or other entity during the previous year
Appeal
The transfer of a case from an inferior to a higher tribunal in the hope of reversing or modifying the earlier decision
Appendix
Subsidiary matter at the end of a publication. Appendixes and appendices are both correct, plural forms for appendix
Applied
Used where the court in a case heard in a superior jurisdiction has applied the principle of law enunciated in a case by a court of inferior jurisdiction to a new set of facts
Approved
Used where the court has approved the decision of an inferior court in unrelated proceedings, although the decision is not necessary for the disposition of the more recent case
Argument
Act or process of arguing or the art of persuading
Arrangement of clauses/sections
UK: a table at the front of most printings of all but the briefest Bills and Acts, setting out in order the parts, chapters and clauses (Bills) or sections (Acts) into which the text is divided
Article
A division of a statutory instrument or of a journal
Assembly measure
Wales: a form of primary legislation equivalent to an Act of Parliament made at Westminster, but made by the...
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