The Law Handbook 2024

Glossary 1159 interpleader summons  An action by which a person who claims a right to property can bring the question before a court to determine ownership. interrogation  The asking of questions. In criminal cases, the questioning of suspects by police. In civil proceedings, a pre-hearing process in which one party asks the other party a series of written questions, called interrogatories, which must be answered on oath. intervention order  A court order that prohibits a person harming or harassing another person. See also family violence intervention order ; personal safety intervention order . intestate  Without a will. A person is said to have died intestate if they die without making a will. Their property is then distributed to the nearest relatives in a set order according to law. invalid  Not valid; with no legal effect and not enforceable at law. For example a legal provision or document may be invalid because it is not in proper legal form. involuntary patient  A patient admitted to a mental hospital on a doctor’s recommendation, without the patient’s consent. irreconcilable difference  Long-term disagreement between parties that the court accepts are serious and cannot be overcome. irretrievable breakdown (of a marriage)  The final end or collapse of the relationship. If the marriage cannot be saved, the court will grant a divorce if the husband and wife have been separated for 12 months or more. That period of separation is accepted as evidence of the irretrievable breakdown of the marriage. ITP  See Independent Third Person (ITP) . J joint tenants  A form of ownership in which two or more people own property together, so that the whole property is undivided and equally shared. There are no separate shares that can be left in a will, because if one of the joint owners dies, the property remains with the other owners. Compare with tenants in common . judgment debt  The amount of money that a court has ordered a debtor to pay. judicial review  The court’s review of an administrative decision on the basis of a legal error in the decision-making process. For example, a court can review a decision by an official on the ground that the official is biased. Compare review on the merits . See also administrative act . jurisdiction  The authority of a court or tribunal to hear matters brought before it, based on some factor such as area of law, amount of money claimed or geographic area. juror  A member of a jury. jury  A panel of people selected from the general public to decide whether an accused in a criminal case is guilty or not guilty, or to decide questions of fact and the amount to be awarded as damages in civil cases. K knowingly concerned  Consciously and deliberately involved in committing an offence. L lawyer–client costs  The costs a lawyer charges their own client. lease  A residential rental agreement that sets out an agreement between a residential rental provider (previously a landlord) and a renter (tenant) for the renting out of a property, or an agreement for the use of other personal property such as a car. leasehold  Rental of real property. Leasehold gives the leaseholder possession but not ownership. legally binding  Able to be enforced by law. legatee  A person who receives a gift in a will. The gift, called a legacy , is not land but usually something else of value, such as jewellery or shares. legislation  Statutory rules made by parliament or by bodies the parliament delegates power to; for example, a local council or a registration authority. See also delegated legislation ; statute . lessee  A person who rents property; for example, a tenant who rents a house from a landlord. lessor  A person who owns property and leases it (rents it out) to another person. letter of demand  A letter, usually written by a lawyer for their client, or by a creditor, telling the person who receives it that unless they do what the letter says they will be sued. Often a letter of demand asks a debtor to repay a loan to avoid being sued, but the demand could be about any legal claim. letters of administration  A document that gives a person authority to manage the property of a person who has died without making a valid will that covers all their estate . See also intestate . liability  Legal responsibility, enforced by civil or criminal courts. libel  See defamation . lien  The right to hold a person’s property as security until an obligation is performed. For example, a car repairer can hold onto a car that has been repaired until the repair bill has been paid. limitation period  The period within which time court proceedings must be issued. This varies according to the type of case and requires legal advice. It is generally 15 years to recover land and 6 years for contracts and torts other than personal injuries (3 years if the injury was discoverable, and early notification requirements may apply, but a more generous long-stop limitation period may also apply). linked credit provider  A credit provider who has an agreement with someone selling goods; for example, a car. If a customer wants to buy goods but needs to borrow themoney, the seller will suggest the buyer go to that credit provider.