Page 366 - Law and the Media

Appendix A Glossary of Legal Terms
Summing up The judge’s address to the jury at the end of a case. The judge sums up the
evidence and the arguments of the prosecution and the defence. After the summing up,
the jury is sent out to consider its verdict.
Surety A person who assumes legal responsibility for the fulfilment of another’s
obligation. Also a person who puts up bail for another.
Tort A civil wrong or injury arising from an act or failure to act for which an action for
damages (other than arising from a breach of contract) may be brought. Known as
‘delict’ under the law of Scotland.
Tortfeasor A person who commits a civil wrong or injury for which damages may be
claimed at law.
Trademark A mark that identifies a product or service and prevents a person from taking
unfair advantage of the goodwill of an established business. Trademarks use the symbol
™ if the trademark is not registered, or ® if the trademark is registered, to demonstrate
protection.
Trustee in bankruptcy The person to whom the property of a person adjudged to be
bankrupt is passed and who administers that property for the benefit of the bankrupt’s
creditors.
Ultra vires Beyond the legal power of authority of a person, corporation or agent.
Ward of court A minor or person legally incapable of handling his own affairs who is
placed under the control and protection of the court.
Warrant An authorization granted by a magistrate allowing the police to arrest a person
or search or seize property.
Without prejudice communications Communications between the parties to litigation
which explore settlement. They are privileged on public policy grounds of encouraging
parties to settle their differences, rather than to litigate before the court.

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