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xvi<br />

Glossary<br />

This glossary contains a list of technical and legal terms. It is intended as a<br />

reference aid <strong>to</strong> be used when you do not understand a specific technical<br />

expression or legal term. You can look up <strong>the</strong> term or expression here but<br />

you need not memorise <strong>the</strong> explanation. A very important fur<strong>the</strong>r aid is<br />

Hiemstra VG and Gonin GL Trilingual Legal Dictionary (1992) 3 ed Juta<br />

Cape Town. In that work you will find more terms and expressions.<br />

accrual system postponed community of profit<br />

a contrario as a contrast; on <strong>the</strong> o<strong>the</strong>r hand<br />

a fortiori so much <strong>the</strong> more<br />

a priori before <strong>the</strong> case has been investigated. An a<br />

priori argument is an argument based on<br />

accepted axioms and not on experience. It is<br />

<strong>the</strong>refore not empirical<br />

a quo from which. The judgment of a court of first<br />

instance or an inferior court or <strong>the</strong> court<br />

appealed from, that is <strong>the</strong> court before which<br />

<strong>the</strong> matter served before it was brought<br />

before <strong>the</strong> present court<br />

ab initio from <strong>the</strong> beginning<br />

absolution from <strong>the</strong> instance this means that <strong>the</strong> plaintiff has not<br />

discharged his or her burden of proof, but<br />

<strong>the</strong> claim is not dismissed, so that <strong>the</strong><br />

defendant cannot raise a plea of res iudicata if<br />

<strong>the</strong> plaintiff institutes <strong>the</strong> same action later.<br />

The plaintiff may <strong>the</strong>refore institute his or<br />

her claim against <strong>the</strong> defendant on <strong>the</strong> same<br />

cause of action<br />

accrual <strong>the</strong> amount by which <strong>the</strong> value of <strong>the</strong><br />

spouse's estate at <strong>the</strong> dissolution of <strong>the</strong><br />

marriage exceeds <strong>the</strong> value of <strong>the</strong> estate at<br />

<strong>the</strong> commencement of <strong>the</strong> marriage<br />

actio action<br />

ad hoc for a specific occasion or<br />

purpose<br />

ad idem agreed<br />

ad infinitum <strong>to</strong> infinity

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