HR MANAGEMENT - Glossary of Judicial terms (Commonly Used in Employment / Industrial Law)

By Faudzil Harun - Trans Management Consultants

GLOSSARY OF JUDICIAL TERMS

(Commonly used in Employment / Industrial Law)

Judicial is defined as :

1.  Pertaining to judgment in courts of justice or to the administration of justice: judicial 

     proceedings; the judicial system.

2.  Pertaining to courts of law or to judges; judiciary: judicial functions.

NO	TERM	DEFINITION
1.	Abandonment	Left or leaving without intention of returning.
2.	Absurd	Foolish, far from what is usual and normal.
3.	Accomplice	Someone not really involved at the scene.
4.	Accused	The accused is the defendant (the person defending themselves against  legal action).
5.	Acquiring	To obtain.
6.	Acquit	The act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge.
7.	Adhere	Give support, hold or be faithful.
8.	Adjudicate	To hear or try and determine judicially.
9.	Admonish	Advise to do right, warn against wrongdoing.
10.	Affidavit	A sworn or statement made in writing in front of a notary.
11.	Affront	An action or remark that causes outrage or offense.
12.	Aggravated	To make worse or more serious.
13.	Akin	Similar to or alike.
14.	Alleged	To say that someone has done something wrong but without proving that  this is true.
15.	Ambiguous	To do a particular thing that which ones desire to be.
16.	Apparent	That which is clear, plain, and evident.
17.	Arbitrary	Not based on any principles or reason, not thinking about the wishes of the other people involved.
18.	Arbitration	The submission voluntarily or involuntarily of a disputed matter to selected persons and the substitution of their award or decision for the judgment of  a court or its confirmation by the court as a judgment of the court.
19.	Arrogant	Thinking that you are better and more important than other people and not caring about their feelings.
20.	Artisan	Skilled manual worker who makes functional or decorative items, person occupied by the practice of a craft,
21.	Ascertain	To find out.
22.	Assault	Violent or sudden attack.
23.	Attain	Reach, arrive at, and succeed in doing thing or getting skill or knowledge.
24.	Attribute	Special sign, consider as belonging.
25.	Audi alteram partem	Latin phrase that literally means "It should be heard [audiatur] also the other party", "hear [audi] the other side too", or "hear the alternative party too". It  is most often used to refer to the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond  to the evidence against them.
26.	Avenue	Method, a way or means.
27.	Awry	Wrong.
28.	Bona fide	Real or genuine, made or carried out in good faith without fraud or deceit.
29.	Breach	Act of breaking (a law, duty, promise etc.).
30.	Cardinal	Proper steps.
31.	Censure	An expression of strong disapproval or harsh criticism, a serious blame,  strong disapproval
32.	Charge	To make a claim of wrongdoing against; accuse or blame.
33.	Charge Sheet	A written claim of wrongdoing or accusation prepared after investigation.

34.	Claimant	The person making the claim.
35.	Coax	By kindness or patience.
36.	Commendation	a message expressing a favorable opinion,
37.	Common law	The body of law which originated in England and upon which present day U.S. law is based.
38.	Compel	Force to do.
39.	Compulsion	Psychiatry an inner drive that causes a person to perform actions, often of  a trivial and repetitive nature, against his or her will.
40.	Conceive	Form (an idea, plan etc.) in mind.
41.	Condonation	Not to consider something to be wrong.
42.	Condone	Accept and allow (behavior that is considered morally wrong or offensive)  to continue. Forgive or pardon.
43.	Confine	Keep or restrict someone or something within certain limits of (space,  scope, quantity, or time).
44.	Conform	Compliance in actions, behavior, etc., with certain accepted standards or norms.
45.	Conceal	Hide or keep secret.
46.	Conscience	Duty, ethics.
47.	Consequent	As a result of.
48.	Constitutes	To make up or form.
49.	Contend	To argue that is true.
50.	Contradict	To say that something is wrong or untrue or opposite of something.
51.	Contravention	Go against the law or custom.
52.	Construed	Interpret (a word or action) in a particular way.
53.	Corroborated	to support with evidence or authority : make more certain
54.	Cross- Examination	The questioning of a witness produced by the other side.
55.	Decree	A decision or order of the court - a final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional  or preliminary decree which is not final.
56.	Deemed	To consider.
57.	De facto	Existing in fact, whether legally recognized or not (concerning fact). It is commonly used in contrast to de jure (which means "concerning the law").
58.	Defamation	Hurting the reputation of by saying evil things about someone.
59.	Deliberate	Done on purpose.
60.	Delinquent	Behaving badly and often breaking the law.
61.	Demeanour	the way a person behaves towards others
62.	Deprived	1.     Suffering a severe and damaging lack of basic material and cultural benefits. 2.     (of a person). Suffering a lack of a specified benefit that is considered important.
63.	Derogatory	Expressing a lack of respect for.
64.	Deterrent	Discouraging agent or way.
65.	Deviate	Turn away from what is right.
66.	Dictation	An authoritative command or order or instruction to do something.
67.	Dignity	Elevated rank, elevation of character; worthiness, conduct, appreciation  of the formality.
68.	Diligent	Showing care and effort, hard working.
69.	Disputes	Disagreements or arguments between people.
70.	Distinguish	1.     Recognize or treat (someone or something) as different. 2.     Perceive or point out a difference.

71.	Doctrine	A belief or a set of belief that is taught by.
72.	Due	To be fair to a person, fair and reasonable..
73.	Duly	In a right or suitable manner, at the right time.
74.	Entailed	1.     Involve (something) as a necessary or inevitable part or consequence. 2.     Have as a logically necessary consequence.
75.	Enunciated	To announce, to state precisely or formally.
76.	Equity	Fairness, right judgment.
77.	Evidence	A form of proof or probative matter legally presented at the trial of an issue  by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of  the court or the jury.
78.	Evinced	To show or demonstrate clearly.
79.	Extenuate	Make wrongdoing seems less serious.
80.	Finding	The court's or jury's decision on issues of fact.
81.	Foster	Care for, help the growth or development.
82.	Flaws	Cracks that lessen the value, beauty or perfection of a thing.
83.	Fuss	Unnecessary nervous excitement or activity or time when people are angry.
84.	Hearing	A preliminary examination where evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence.
85.	Hearsay	A type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence.
86.	Heinous	Wrongful act or wicked.
87.	Inception	Origin, outset, source, root, beginning; start; commencement.
88.	Indemnity	Security against loss or damages, exemption from penalty or liability,  amount paid as compensation under an indemnity agreement.
89.	Infer	Reaching an opinion (from facts or reason).
90.	Inference	The act or process of deriving logical conclusions from premises known  or assumed to be true. The act of reasoning from factual knowledge or evidence.
91.	In lieu	Instead of, in place of or as substitute.
92.	Inter Alia	Among other things.
93.	Impartial	Fair or natural.
94.	Implicitly	Having no doubts or reservations; unquestioning.
95.	Implied	Given the impression, to express or indicate indirectly, hinted at or  suggested.
96.	Inception	An event that is a beginning; a first part or stage of subsequent events.
97.	Incriminate	To provide evidence that someone is guilty of a crime or wrongdoing.
98.	Inherent	Existing as a natural and permanent part of.
99.	Impartial Tribunal	Unbiased judgment.
100.	Inquiry	A questioning session, questions that you ask about something.
101.	Insolent	Rude, insulting.
102.	Instigate	Excite and urge.
103.	Intervene	Interfere so as to stop or change the result.
104.	Jurisdiction	The administration of justice.
105.	Jury	a prescribed number of persons selected according to law and sworn to  make findings of fact.

106.	Just cause	A reasonable and lawful ground for action, fair or right reason.
107.	Liberty	Freedom from arbitrary or control, interference, obligation, restriction.  Power or right of doing, thinking, speaking.
108.	Litigation	a legal proceeding in a court; a judicial contest to determine and enforce.  legal rights.
109.	Mala fide	With or in bad faith, in bad faith; with intent to deceive.
110.	Malingerer	A person who shirks his work or duty.
111.	Malingering	An act to avoid duty or work, evading duty or work.
112.	Mere	Nothing more than, how small, unimportant, not emphasizing.
113.	Mitigate	To make less serious.
114.	Mitigation	Reduction of penalty or punishment.
115.	Moral	Standard of behavior, principles of right and wrong.
116.	Morale	Confidence under discipline, fighting spirit.
117.	Negligence	Failure to exercise the degree of care that a reasonable person would  exercise under the same circumstances.
118.	Nemo iudex in causa sua Also called : ● nemo iudex    idoneus in    propria causa est ● nemo iudex in    parte sua ● nemo debet esse    iudex in    propria causa ● in propria causa    nemo iudex	Latin phrase that means, literally, no-one should be a judge in their own  cause. It is a principle of natural justice that no person can judge a case  in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice  must not only be done, but must be seen to be done".
119.	Norm	A pattern of behavior that is normal or expected.
120.	Obliged	To require as by law, command, force of necessity. To bind morally or  legally, as by a promise or contract.
121.	Omission	Something that has not been included or the act of not including something.
122.	Oral Proof	Evidence given by word of mouth; the oral testimony of a witness.
123.	Outright	Straight Ahead.
124.	Particeps criminis	one who has a share in a crime
125.	Pecuniary	Of money or monetary.
126.	Penal	Legal punishment or punishment by law for wrongdoing.
127.	Penalize	To be punished.
128.	Perceive	Become aware of.
129.	Persistent	Continuing to do even though people say that you are wrong or that you  cannot do it.
130.	Pertinent	Directly connected with.
131.	Pertinent Witness	A witness who is directly connected to or involved with..
132.	Perturbed	To disturb greatly; make uneasy or anxious, to throw into great confusion.
133.	Perverse	1.     Obstinate desire to behave in a way that is unreasonable or unacceptable. Contrary to the accepted or expected standard or practice.
134.	Pitfalls	Exposed to trap or unsuspected danger.
135.	Precedent	Something that is considered as an example or rule for what happens later.
136.	Prevalent	To be generally done.
137.	Probe	Examine.
138.	Proposition	The act of offering or suggesting something to be considered,accepted, adopted, or done.
139.	Provision	Provide for.
140.	Proviso	Limiting clause or condition.
141.	Quash	Cancel, overthrown thrown.
142.	Quasi-judicial	Authority that to declare that an official decision, or judgment. Authority  that to stop or defeat something by force.
143.	Realm	A field of interest, study.
144.	Redundancy	The state or condition of being redundant or superfluous, espsuperfluous  in one's job.
145.	Reinstate	To put back in the former position or condition.
146.	Reluctant	Not willing and rather slow to agree to do something.
147.	Repentance	Wish one had not done, feel sorry about wrongdoing.

148.	Repudiate	Refuse to accept.
149.	Resentment	Feel angry and scornful especially at injustice.
150.	Retrospect	View of past events, look back upon (especially of laws).
151.	Scrutiny	A careful examination or observation.
152.	Show cause letter	A written notice asking the employee to explain or to "show cause" why  he should not be given disciplinary action given what he did or did not do.
153.	Sphere	A person’s interest, activities.
154.	Subsidiary Legislation	Any proclamation, rule, regulation, order, resolution, notice, rule of court,  by law or other instrument made under or by virtue of any Ordinance and  having legislative effect.
155.	Substantial	The presence of truth or facts.
156.	Substantive	Having a firm basis in reality and therefore important, meaningful, or considerable.
157.	Summary	Done quickly.
158.	Suspicion	A feeling or belief that something is wrong or that someone has done something wrong or a feeling that something may happen or be untrue.
159.	Sustain	Continue.
160.	Taint	Trace of infection or of some bad quality, make or become infected or  spoiled.
161.	Tantamount	Equal in effect.
162.	Temptation	Persuade to do.
163.	Tort	An injury or wrong committed, either with or without force, and either intentionally or negligently, to the person or property of another.
164.	Tribunal	Any person or institution with the authority to judge, adjudicate on, or determine claims or disputes.
165.	Trifle	Things or event of little value or importance.
166.	Ultimatum	A statement that expresses or implies the threat of serious penalties if the terms are not accepted, a resort to force or other direct action
167.	Unblemished	Undamaged or untarnished.
168.	Undertake	Commit oneself to and begin, to contract to or commit oneself to, promise  to do a particular thing.
169.	Unilaterally	Of, on, relating to, involving, or affecting only one side, Performed or  undertaken by only one side, Emphasizing or recognizing only one side of  a subject.
170.	Uphold	To support (especially when other people are against).
171.	Vague	Of uncertain, indefinite, or unclear character or meaning.
172.	Verdict	The determination of a jury on the facts.
173.	Vital	Connection with or connected to.
174.	Vouched	To give personal assurances; give a guarantee, to constitute supporting evidence
175.	Vulgar	Displeasing to a person, rough and noisy.
176.	Wanton	Playful, serving no purpose, done without good reason.
177.	Willful Breach	Intent to injure, break or go against.

Source of Reference :

1.   Prem’s Judicial Dictionary
2.   Gifis, Steven H. - Law Dictionary. Barron's Educational Series, Inc., New York
3.   Black, Henry Campbell - Black's Law Dictionary. West Publishing Co.
4.   Merriam-Webster's Collegiate Dictionary
5.   Legal Dictionary/law.com
6.   wordreference.com
7.   thefreedictionary.com