Affidavit
A written and signed statement sworn in front of a Court officer a written statement that is signed and sworn on oath and therefore able to be used as evidence in court.
Allegation
A Statement of the issues in a written document (pleading) which a person is prepared to prove in court.
Amend
To alter formally by modification, deletion, or addition
Appeal
A request made after a trial, asking another court (usually the higher court) to decide whether the trial was conducted properly. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the appellant.
Bail
The money or bond put up to secure the release of a person who has been charged with a crime.
Case Law
Legally binding and commonly accepted rules or principles developed over time through the gradual accumulation of rulings by judges. Law made by court cases rather than legislation.
Caveat
A notice given to a legal authority not to do something until the person giving notice can be heard.
Constructive notice
The law presumes that everyone has knowledge of a fact when the fact is a matter of public record.
Contempt
Failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her
Costs
Allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees
Court order
A legal decision made by a court that commands or directs that something be done or not done. It can be made by a judge, commissioner or magistrate.
Custody
The legal right given to a person of official authority to exercise complete and immediate control over a person to insure appearance in court. Custody also refers to the actual imprisonment of the accused after a criminal conviction.
Damages
A sum of money paid in compensation for loss or injury
Defamation
Defamation is an injury to a person’s character or reputation such that a right thinking person would think less of the injured person as a result of the injurious act.
Default Judgement
A court decision in favour of the plaintiff when the defendant doesn’t answer or go to court when they’re supposed to
Defendant
In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Ex parte
On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.
Habeus Corpus
Legal term for the right to petition a court to decide whether confinement has been undertaken with due process of law
Immunity
Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.
Implied consent
A consent that is drawn from the facts of the surrounding circumstances
Indigent
Needy, poor, impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense
Injunction
A court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).
Interrogatories Written questions sent by one side in a lawsuit to an opposing side as part of pre-trial discovery in civil cases. The side that receives the interrogatories must answer them in writing under oath.
Judicial review
A procedure where the court can review administrative decisions of government
Jurisdiction
The authority, capacity, power or right of a court to hear and decide a legal matter
Natural Justice
Rules and procedure to be followed by, among others, departments when deciding rights of others or adjudicating disputes. The rules are: to act fairly, and in good faith; to act without bias (not prejudicing nor to be personally interested in the matter); and to afford a fair hearing. “Justice must not only be done, but be seen to be done
Negligence
Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given or similar circumstances. A person may be negligent by acts of omission or commission or both.
Notice
Written warning to another of a person’s intention to do something or take some (legal) action.
Plaintiff
A person who initiates a case in court. That person may also be referred to as the Claimant, Petitioner or Applicant. The person who is being sued is generally called the Defendant or Respondent
Pleadings
Written statements delivered by parties to one another setting out the legal and factual basis of a claim or defence. Pleadings may include a statement of claim, defence and reply
Power of Attorney
A legal document that authorizes another person to act on one’s behalf. A power of attorney can grant complete authority or can be limited to certain acts and/or certain periods of time.
Precedent
A precedent is a previous decision used as a justification for deciding a subsequent case in the same way.
Prejudice
Bias for or against someone or something that fails to take true account of their characteristics
Probate
Probate is the legal process of proving a will, appointing an executor, and settling an estate; but by custom, it has come to be understood as the legal process whereby a deceased person’s estate is administered and distributed.
Prosecutor
A lawyer representing the government in a criminal case
Public Interest
There is some kind of general interest of the community as a whole which can be affected by the actions of governments or private agents.
Quash
To annul or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as “quashing” service of a summons when the wrong person was served.
Reasonable doubt
An accused person is entitled to acquittal if, in the minds of the judge, guilt has not been proven beyond a “reasonable doubt”; that state of mind of judges in which they cannot say they feel an abiding conviction as to the truth of the charge.
Receiver
Receiver is the person appointed by the court or a creditor to administer the financial and business affairs of a debtor, typically one who is bankrupt or insolvent
Relief
Redress awarded by a court as a compensation for past injury.
Res ipsa Loquitur
Res ipsa loquitur is a legal term from the Latin meaning literally, “The thing itself speaks” but is more often translated “The thing speaks for itself”. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. It is most useful to plaintiffs in certain negligence cases.
Repudiation
Refusal to acknowledge or pay a debt or honour a contract (especially by public authorities); “the repudiation of the debt by the city.
Review
A judicial re-examination of the proceedings of a court.
Rule
A rule of procedure that a Court must follow, related to a specific Act. Rules are made by a lawful judiciary authority
Service
Giving court papers to the other party by hand delivering, sending them by registered mail or notifying the other party of the dissolution case through publication of a notice in a newspaper.
Statutory
Prescribed or authorized by or punishable under a statute; “statutory restrictions”; “a statutory age limit”; “statutory crimes”.
Statutory declaration
A written statement of facts that the person making it signs and solemnly declares to be true.
Stay
A judicial order forbidding some action until an event occurs or the order is lifted.
Summary Judgement
A finding and entry of judgment by the court after a hearing and review of the claims and the evidence of the parties prior to a trial wherein the court determines that there is no genuine issue or dispute as to any material fact available for presentation and that the evidence, as a matter of law, is insufficient to allow such claim to continue and renders judgment in favour of one party
Third Party
A party that is not a signatory to an agreement but who may nevertheless have rights and obligations relating to that agreement.
Trial
A proceeding or hearing of evidence in a court having jurisdiction over the persons, entities, and subject matter for a determination of all issues between the parties based upon the applicable substantive law.
Tribunal
A special court outside the civil and criminal judicial system that examines special problems and makes judgements, e.g. an industrial tribunal, which resolves disputes between employers and employees.
Undertaking
A promise, reduced to writing, which is legally enforceable.
Warrant
A written order directing the arrest of a party. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence.
Without prejudice
Without prejudice” is used in legal negotiations (eg for a motor vehicle accident, an offer can be made to pay without admitting fault for the accident). If the negotiations fail, a person will not be prejudiced or compromised by concessions or offers made in negotiations.
Witness
A person called upon by either side in a lawsuit to give testimony before the court
