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KembaraXtra – Legal Terms – Non-Molestation Order
A non-molestation order is a protective court order made under section 42 of the Family Law Act 1996.
The order prevents a person from molesting or harassing another person with whom they are associated, such as a spouse, civil partner, cohabitant, relative, or former intimate partner.
Molestation is interpreted broadly and includes not only physical violence but also threatening behaviour, intimidation, harassment, or repeated unwanted contact.
The order may also be made for the protection of a child connected to the parties.
When deciding whether to grant the order, the court considers the need to protect the health, safety, and wellbeing of the applicant and any relevant child, and breach of the order is a criminal offence.
A non-molestation order is a protective court order made under section 42 of the Family Law Act 1996.
The order prevents a person from molesting or harassing another person with whom they are associated, such as a spouse, civil partner, cohabitant, relative, or former intimate partner.
Molestation is interpreted broadly and includes not only physical violence but also threatening behaviour, intimidation, harassment, or repeated unwanted contact.
The order may also be made for the protection of a child connected to the parties.
When deciding whether to grant the order, the court considers the need to protect the health, safety, and wellbeing of the applicant and any relevant child, and breach of the order is a criminal offence.
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KembaraXtra – Legal Terms – Non Licet
Non licet is a Latin expression meaning “not permitted.”
The phrase is used in legal contexts to indicate that a particular act, conduct, or course of action is prohibited by law.
It reflects the principle that certain behaviour is legally unauthorized or forbidden.
The expression may appear in legal writings, judgments, or academic discussions involving restrictions imposed by law.
Although rarely used in modern everyday practice, it remains part of traditional legal terminology.
Non licet is a Latin expression meaning “not permitted.”
The phrase is used in legal contexts to indicate that a particular act, conduct, or course of action is prohibited by law.
It reflects the principle that certain behaviour is legally unauthorized or forbidden.
The expression may appear in legal writings, judgments, or academic discussions involving restrictions imposed by law.
Although rarely used in modern everyday practice, it remains part of traditional legal terminology.
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KembaraXtra – Legal Terms – Nonjoinder
Nonjoinder refers to the failure to include all necessary parties in a legal action.
Historically, nonjoinder could be raised as a plea in abatement, arguing that the proceedings were defective because an essential person had not been joined to the case.
Modern civil procedure no longer causes an action to fail merely because of nonjoinder.
Instead, the defect can usually be corrected through amendment or by adding or substituting parties under Part 19 of the Civil Procedure Rules.
The purpose of these rules is to ensure that all relevant persons are properly represented so that the court can resolve the dispute effectively and fairly.
Nonjoinder refers to the failure to include all necessary parties in a legal action.
Historically, nonjoinder could be raised as a plea in abatement, arguing that the proceedings were defective because an essential person had not been joined to the case.
Modern civil procedure no longer causes an action to fail merely because of nonjoinder.
Instead, the defect can usually be corrected through amendment or by adding or substituting parties under Part 19 of the Civil Procedure Rules.
The purpose of these rules is to ensure that all relevant persons are properly represented so that the court can resolve the dispute effectively and fairly.
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KembaraXtra – Legal Terms – Non-Intervention Principle (No Order Principle)
The non-intervention principle, also known as the no order principle, is a rule introduced by section 1 of the Children Act 1989.
It provides that when a court is considering whether to make an order concerning a child, the court should only do so if making the order would positively improve or promote the child’s welfare.
The principle reflects the idea that unnecessary legal intervention in family life should be avoided.
Courts therefore begin from the position that making no order may sometimes be better for the child than imposing formal legal arrangements.
This principle works together with the welfare principle, under which the child’s welfare remains the court’s paramount consideration.
The non-intervention principle, also known as the no order principle, is a rule introduced by section 1 of the Children Act 1989.
It provides that when a court is considering whether to make an order concerning a child, the court should only do so if making the order would positively improve or promote the child’s welfare.
The principle reflects the idea that unnecessary legal intervention in family life should be avoided.
Courts therefore begin from the position that making no order may sometimes be better for the child than imposing formal legal arrangements.
This principle works together with the welfare principle, under which the child’s welfare remains the court’s paramount consideration.
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KembaraXtra – Legal Terms – Non-Insane Automatism
Non-insane automatism refers to involuntary conduct caused by an external factor where the defendant is not suffering from legal insanity.
A person acting in such a state lacks conscious control over their actions and therefore may not be criminally liable because the conduct was not voluntary.
Examples include actions performed while suffering from concussion, reflex movements, hypnotic states, spasms, or certain medical conditions such as a diabetic hypoglycaemic episode.
The defence is only available where the automatism was not self-induced and where the defendant did not knowingly fail to take reasonable steps to prevent the condition.
If established successfully, non-insane automatism results in a complete acquittal because the essential voluntary element of the offence is absent.
Non-insane automatism refers to involuntary conduct caused by an external factor where the defendant is not suffering from legal insanity.
A person acting in such a state lacks conscious control over their actions and therefore may not be criminally liable because the conduct was not voluntary.
Examples include actions performed while suffering from concussion, reflex movements, hypnotic states, spasms, or certain medical conditions such as a diabetic hypoglycaemic episode.
The defence is only available where the automatism was not self-induced and where the defendant did not knowingly fail to take reasonable steps to prevent the condition.
If established successfully, non-insane automatism results in a complete acquittal because the essential voluntary element of the offence is absent.
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KembaraXtra – Legal Terms – Non-Governmental Organization (NGO)
A non-governmental organization (NGO) is a private international or national organization that operates independently from government control.
NGOs often promote cooperation and activities in areas such as humanitarian work, social welfare, education, culture, environmental protection, economic development, and technical assistance.
At the international level, NGOs may work alongside organizations such as the United Nations.
Under Article 71 of the United Nations Charter, the Economic and Social Council may consult with NGOs on matters within its competence.
NGOs therefore play an important role in civil society by influencing policy, providing services, and promoting international cooperation.
A non-governmental organization (NGO) is a private international or national organization that operates independently from government control.
NGOs often promote cooperation and activities in areas such as humanitarian work, social welfare, education, culture, environmental protection, economic development, and technical assistance.
At the international level, NGOs may work alongside organizations such as the United Nations.
Under Article 71 of the United Nations Charter, the Economic and Social Council may consult with NGOs on matters within its competence.
NGOs therefore play an important role in civil society by influencing policy, providing services, and promoting international cooperation.
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KembaraXtra – Legal Terms – Nonfeasance
Nonfeasance means a failure to perform an act or duty that the law requires to be carried out.
Historically, public authorities such as highway authorities were not liable for injuries caused by failing to repair or maintain roads, although they could be liable for misfeasance, which involved improper performance of a duty.
This defence of nonfeasance was later abolished by statute in relation to highway authorities.
Today, such authorities may instead rely on a statutory defence by showing that they took all reasonable care to ensure that the highway was not dangerous.
The concept therefore distinguishes complete failure to act from improper or negligent performance of an act.
Nonfeasance means a failure to perform an act or duty that the law requires to be carried out.
Historically, public authorities such as highway authorities were not liable for injuries caused by failing to repair or maintain roads, although they could be liable for misfeasance, which involved improper performance of a duty.
This defence of nonfeasance was later abolished by statute in relation to highway authorities.
Today, such authorities may instead rely on a statutory defence by showing that they took all reasonable care to ensure that the highway was not dangerous.
The concept therefore distinguishes complete failure to act from improper or negligent performance of an act.
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KembaraXtra – Legal Terms – Not Negotiable
The words “not negotiable” written on a crossed cheque indicate that a person receiving the cheque cannot obtain a better title to it than the person who transferred it.
This means that if the transferor had defective title, the transferee will also suffer from that defect.
Most banks now issue cheques marked “not negotiable” following the Cheques Act 1992.
A bill of exchange carrying these words is also not transferable in the ordinary negotiable sense.
The words “not negotiable” written on a crossed cheque indicate that a person receiving the cheque cannot obtain a better title to it than the person who transferred it.
This means that if the transferor had defective title, the transferee will also suffer from that defect.
Most banks now issue cheques marked “not negotiable” following the Cheques Act 1992.
A bill of exchange carrying these words is also not transferable in the ordinary negotiable sense.
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KembaraXtra – Legal Terms – Noting a Bill
Noting a bill refers to a formal step connected with the protest of a dishonoured *bill of exchange.
It is a preliminary certification by a notary public confirming that the bill has been dishonoured.
This process provides official evidence of non-acceptance or non-payment and may later support a formal protest.
Noting a bill refers to a formal step connected with the protest of a dishonoured *bill of exchange.
It is a preliminary certification by a notary public confirming that the bill has been dishonoured.
This process provides official evidence of non-acceptance or non-payment and may later support a formal protest.
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KembaraXtra – Legal Terms – Moratorium
A moratorium is the lawful suspension or postponement of legal remedies, obligations, or enforcement actions.
Moratoria are commonly introduced during periods of economic or financial crisis to protect debtors from immediate legal action.
The term may also refer to the actual period during which the suspension remains in effect.
Governments or courts may impose moratoria to prevent widespread financial collapse, protect businesses, or allow time for restructuring.
During a moratorium, creditors are generally prevented from enforcing claims or pursuing legal proceedings against debtors.
A moratorium is the lawful suspension or postponement of legal remedies, obligations, or enforcement actions.
Moratoria are commonly introduced during periods of economic or financial crisis to protect debtors from immediate legal action.
The term may also refer to the actual period during which the suspension remains in effect.
Governments or courts may impose moratoria to prevent widespread financial collapse, protect businesses, or allow time for restructuring.
During a moratorium, creditors are generally prevented from enforcing claims or pursuing legal proceedings against debtors.