Legal Dictionary

N

Nation

A group or race of people that share history, traditions and culture. The United Kingdom is comprised of four nations or national groups: the English, Scots, Irish and Welsh. Canada includes French-Canadians, English-Canadians and a number of aboriginal nations. Thus, states may be comprised of one or several nations. It is common English to use the word "nation" when referring to what is known in law as "states."

National treatment

A tenet of international trade agreements whereby nations must afford imported goods the same treatment that they afford domestic or "national" products (no discrimination).

Natural justice

A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self-evident and did not require a statutory basis. These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions.

NCND Agreement

An international trade instrument; "non circumvention/non disclosure agreement" used in the preliminary stages of a business transaction where the Seller and Buyer do not know each other, but are brought into contact with each other by one or more intermediaries (also known as brokers or middlemen), to fulfill the transaction. Non Circumvention/Non Disclosure Agreements ensure that the intermediaries in the transaction are not cicumvented and excluded from the transaction by the Buyer and/or Seller and/or the other intermediaries. Many trade transactions are chain-like. Product flows like this: seller-broker-broker-broker-buyer. The brokers in the middle use NCNDs to ensure that they are not circumvented by anyone else in the chain; also, to ensure that information on the other parties in the chain is not disclosed to outside parties. They are valid for a specified term; usually two years.

Negligence

Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation. Negligence, if it causes injury to another, can give rise to a liability suit under tort. Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Everybody has a duty to ensure that their actions do not cause harm to others. Between negligence and the intentional act there lies yet another, more serious type of negligence which is called gross negligence. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another. See also contributory negligence and comparative negligence.

Negotiate

To communicate on a matter of disagreement between two parties, with a view to first listen to the other party's perspective and to then attempt to arrive at a resolution by consensus.

Nemo judex in parte sua

Latin and a fundamental principle of natural justice which states that no person can judge a case in which he or she is party. May also be called nemo judex in sua causa or nemo debet esse judex in propria causa.

Next of kin

The nearest blood relative of a deceased. The expression has come to describe those persons most related to a dead person and therefore set to inherit the decesased's property.

Nolo contendere

Latin for "I will not defend it." Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty.

Non est factum

Latin for "not his deed" and a special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract. For example, a person who signs away the deed to a house, thinking that the document signed was only a guarantee for another person's debt, might be able to plead non est factum in a court and on that basis get the court to void the contract.

Nonfeasance

Not doing something that a person should be doing. Compare with malfeasance and misfeasance.

Non-joinder

When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings. It is the opposite of mis-joinder.

Notary

Also known as "notary public": a legal officer with specific judicial authority to attest to legal documents usually with an official seal. Most countries do not have notaries vesting administrative legal authority in lawyers or court officers. Jurisdictions which do have notaries include the Canadian provinces of Quebec and British Columbia and Australia.

Notwithstanding

In spite of, even if, without regard to or impediment by other things.

Novation

Substitute a new debt for an old debt cancelling the old debt. (Compare with "subrogation")

Nudum pactum

A contract-law term which stands for those agreements which are without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law, in those jurisdictions which still require consideration.

Nuisance

Excessive or unlawful use of one's property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public. Nuisance is a tort.

Nunc pro tunc

Latin: now for then. It refers to the doing of something late (after it should have been done in the first place), with effect as if it had been done on time.

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O

Oath

A religious or solemn affirmation to tell the truth or to take a certain action.

Obiter dictum

Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis May also be referred to as "dicta" or "dictum."

Obligee

The person who is to receive the benefit of someone else's obligation; that "someone else" being the obligor. Also called a "promisee." Some countries refer to the recipient of family support as an "obligee".

Obligor

A person who is contractually or legally, committed or obliged, to providing something to another person; the recipient of the benefit being called the obligee. Also known as the "promisor."

Obscenity

An elusive concept used in the context of criminal law to describe a publication which is illegal because it is morally corruptive. The common law has struggled with this word as society has evolved towards greater tolerance of alternative sexual behavior. Historically, it included any lewd material which had no apparent social value, which was offensive to contemporary community standards of decency, and even material which tended to invoke impure sexual thoughts. As an example of a modern definition, Canada has defined obscene material as any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and crime, horror, cruelty or violence.

Obstructing justice

An act which tends to impede or thwart the administration of justice. Examples include trying to bribe a witness or juror or providing law enforcement officers with information known to be false.

Offense

A crime; any act which contravenes the criminal law of the state in which it occurs. Spelled "offence" in Commonwealth countries.

Offer

A explicit proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract. See also "acceptance".

Ombudsman

A person whose occupation consists of investigating customer complaints against his or her employer. Many governments have ombudsmen who will investigate citizen complaints against government services.

Omnibus bill

A draft law before a legislature which contains more than one substantive matter, or several minor matters which have been combined into one bill, ostensibly for the sake of convenience. The omnibus bill is an "all or nothing" tactic.

Onus

Latin: the burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.

Open-ended agreement

An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.

Order

A formal written direction given by a member of the judiciary; a court decision without reasons.

Ordinance

An executive decision of a government which has not been subjected to a legislative assembly (contrary to a statute). It is often detailed and not, as would be a statute, of general wording or application. This term is in disuse in many jurisdictions and the words "regulations" or "bylaws" are preferred.

Orphan

A person who has lost one or both of his or her natural parents.

Out-of-court settlement

An agreement between two litigants to settle a matter privately before the Court has rendered its decision.

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