acquit | To discharge, to find a person accused of criminal charges not guilty after trial. |
adjournment | The suspension a court hearing to a future date. It may be a specified date or to a date that is not fixed (this is often referred to as being adjourned sine die). Adjournments may be agreed to by consent between the parties, after consultation with the court, or may be ordered by the court. |
affidavit | A written document sworn on oath before a person with authority to administer it. Affidavits are often filed with the court and set out the evidence a witness is to give in the hearing. The person in whose name the document is sworn is called the deponent. |
appeal | A party to a proceeding may, subject to the rules governing the particular court, appeal a decision of the court to a higher court for further consideration. The limits on what cases may be appealed, the time in which they must be appealed and the scope of the appeal varies in each jurisdiction. |
bail | The term applied to the law which enables a person accused of a criminal charge to be released from custody between the date they are charged and the hearing date. |
brief | The papers provided to the barrister by the solicitor in order for the barrister to perform the required service. The brief usually contains a memorandum from the solicitor advising what service is required. For example, it may be a brief to appear, or a brief to advise, or a brief to draft court documents. |
burden of proof | The burden or onus of proof is the obligation to prove what is alleged. In criminal cases, this obligation rests on the prosecution (police) which must prove its case beyond reasonable doubt. In civil cases it rests on the plaintiff, who must prove the case on the balance of probabilities. Sometimes this burden shifts, for example when the defendant raises a particular defence. |
chambers | The traditional name for a barrister's office. |
damages | If a person has suffered a loss as a result of a civil wrong they may apply to the Court for an order that their loss be compensated by payment of money. The money claimed or paid is referred to as damages. |
defendant | A person who has been charged with a criminal defence or against whom a civil action has been brought. In civil proceedings in some courts they are referred to as the respondent. |
discovery | A procedure in civil actions by which documents relevant to the action are exchanged between the parties before the case is heard. |
exhibit | A document or thing shown to a witness when giving evidence, produced for inspection to the court or referred to in an affidavit. |
ex parte | Means "of the one part". Usually refers to an application to the court by one party in the absence of the other. It may also refer to an application made by an interested person who is not a party. |
indictable offence | A serious crime which is triable before a judge and a jury. |
informant | A person, usually a police officer, who brings a criminal charge against another. |
injunction | A court order that directs someone to do, or refrain from doing, a particular thing. An injunction may be:
- interim (operating until the hearing and determination of the application for an interlocutory injunction)
- interlocutory (operating until the hearing and determination of the proceeding itself) or
- final (operating after trial permanently).
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interrogatories | In a civil action, written questions on relevant points of the dispute, put by one party in a civil proceeding to another prior to the hearing. |
plaintiff | A party (individual or corporate) who initiates legal proceedings against another in a civil dispute. In some courts that party is referred to as the applicant or the complainant. |
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. |
precedent | A judgment or decision of a court cited as an authority for deciding a similar set of facts or for a legal principle to be followed. |
pro bono | If someone does work for a client pro bono it usually means that they are acting free of charge. |
stay of proceedings | An order that no further steps be taken in a proceeding. A stay may be for a fixed period, until certain events occur (such as a decision in a related proceeding) or may be permanent. |
subpoena | A writ issued in an action requiring the person to whom it is directed to be present at a specified date and time and for a specified purpose or for the production of specified documents to the Court. |
summary offence | A criminal offence heard and decided by the Magistrates' Court and not sent for trial before a judge or jury. |
summons | A document which is issued by the Court requiring the attendance of the person named in the summons at court on a specified date. A summons may be used in both civil and criminal proceedings. |