Moin & Associates - Legal Terms

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LEGAL TERMS

Act	A law passed by parliament.
Adjournment	This means the case is only part heard and is being put off to another time or date.
Adversarial	A system in civil law where two sides argue their case.
Adversary System	The procedure followed in hearings and trials in Australia.
Affidavit	A written statement of facts made on oath or affirmation that may be used as evidence.
Affirmation	A declaration that the evidence to be given in court is the truth - made instead of taking a religious oath.
Arbitration	Where a person called an arbitrator: hears evidence and makes a legally binding decision about a dispute The arbitrator is usually a person with experience in the subject of the dispute.
Assets/Liabilities	An asset is an item which: has some economic value to its owner may be money or can be converted into money for the owner's benefit An example of an asset is a bank account, a house, a car etc. Assets may be used for the payment of debts. A liability is something a person: is obliged to do or is responsible for An example of a liability is a mortgage or debt.
Bail	A written promise (undertaking) that the defendant will appear in Court on the date required.
Bankruptcy	The state of being or becoming bankrupt. A bankrupt person is one who, upon his own petition or that of his creditors, is declared insolvent by a court. You may be declared insolvent if you are unable to satisfy creditors or discharge liabilities, either because: your liabilities exceed your assets, or because of an inability to pay debts as they mature Once a person is bankrupt their property is administered for and divided among their creditors.
Barrister	A lawyer who argues cases in court.
Bench	Area where the Judge or Magistrate sits in court.
Bench Warrant	A Bench Warrant allows the Police to arrest the person and bring them before the court. If a person has been summonsed to Court and fails to attend, a Bench Warrant can be ordered.
Bill	A draft of a proposed statute presented to parliament but not yet passed and made law.
Brief	1 The instructions given by an arresting officer to the Police Prosecutor about the case 2 The instructions given by a solicitor to a barrister
By-Law	A law made by an authority that only has legal effect within the boundaries of that authority's jurisdiction, eg a council by-law
Clerk of Courts	The officer in charge of the Court House and administration.
Common Law	Law made through judgments made in court/precedent.
Compensation	Paying money for the damage or hurt done.
Complainant	The person who has complained to the police ie the victim.
Consent Orders	Orders made by a Court with the consent of the parties involved. These orders reflect an agreement between the disputing parties.
Constitution	The rules governing a Company The fundamental set of rules which gives power to the states or Commonwealth to make laws.
Contact	The interaction, regular or occasional, between a child and another person. The other person can be the child's mother, father, grandparent, carer, etc. Contact can mean: face to face contact, when the child is placed in that person's care contact by telephone or contact by letter After separation it is usual for a child to live with one parent (called the resident parent) and to have contact with the other parent (the non-resident or contact parent). Contact involves issues such as where, when, and how the child spends time with the contact parent.
Coroner	A judicial officer who investigates deaths which are not due to natural causes.
Corroboration	Evidence which supports evidence that has been previously given.
Costs	This is the money claimed by the successful side at the end of a case for costs incurred in going to court.
Criminal Law	Law dealing with offences which are considered to be offences against the community as a whole. For example burglary, drug offences, murder.
Cross-Examination	When the opposing party, or their lawyer, questions a witness.
Custody	Confinement in a police station, prison or remand centre.
Defamation	Injury to another's reputation by making false statements.
Default	To fail to comply with an order of the Court eg fine, good behaviour bond.
Defendant	A person charged with an offence or about whom a civil complaint has been laid.
Equity	Equity is the application of the principles of natural justice to settle disputes. Natural justice involves a fair, impartial and just outcome to a situation. Equity is used to remedy the limitations and the inflexibility of the law.
Examination-in-Chief	The questioning of a witness in court by the party who called the witness to give evidence.
Financially Associated Person	Any person: you may receive financial assistance from you provide financial assistance to who could reasonably be expected to financially assist you in obtaining legal services, eg relative, spouse, trust, corporation, group etc
Hague Conventions	The Hague Conventions are a series of agreements between certain countries. They are named Hague Conventions because they were the result of international conferences held in The Hague, in the Netherlands. Generally, they are created to ensure different countries have similar high standards of law. Countries who sign a particular agreement are agreeing to abide by that agreement as if it were a law of their own country. An example of a Hague Convention is the Hague Convention on Intercountry Adoption, which ensures that precise and uniform rules relating to adoption are maintained by all countries that belong to that agreement.
Indictable Offence	An offence that is dealt with by Judge and Jury in a District or Supreme Court. Some indictable offences can be dealt with summarily (by a Magistrate in a lower court) at the Defendant's request or the Magistrates discretion.
Intensive Youth Supervision Order	A sentence for juveniles which can be made with or without detention and may involve going to a rehabilitation centre or course, doing supervised unpaid community work, reporting in to the Juvenile Justice Division Officer.
Interlocutory Application	A process in civil law, where a matter is brought before a judge, magistrate or registrar, which is usually to compel compliance with a specific order, such as discovery of documents.
Judge	The judicial officer who decides outcomes of cases in the District and Supreme Courts.
Support Officer	A Court Officer who sits in front of the Magistrate in Court and records exhibits, arranges adjournment dates etc.
Judiciary	The system of courts of justice and the personnel, such as judges, who are involved in making judgments.
Jurisdiction	The extent of authority to make judgments and administer justice.
Legislation	Law made by the parliament.
Litigant	One of the persons involved in a court civil action.
Litigation	A lawsuit.
Magistrate	A judicial official who makes judgments in the Children's and Local Court.
Mediation	A system using a neutral person to help two parties in a dispute to come to an agreement or settlement without going to court.
Mention	The name given to a court appearance when the matter is not finally heard or dealt with.
Negotiation	1. A form of dispute resolution where an independent person arranges settlement via discussion or compromise 2. Process where parties discuss potential resolution of issue
Oath	A sworn acknowledgment to speak the truth in court.
Order	A command or direction by a Court.
Personal Undertaking (Bail)	The defendant signs an undertaking or promise that he will return to court on the required date. Sometimes an amount of money is attached to the promise. If the defendant should fail to appear in court on the next date, he must pay the set amount of money to the court.
Plaintiff	A person who commences proceedings other than criminal proceedings.
Precedent	A prior decision which serves as an example or justification for later decisions.
Preside	To occupy the position of authority or control and to hear and determine the matter brought before the court.
Prosecutor	The person who is representing the Crown or State.
Quantum	A share or portion of something, such as damages or an estate, which is owed to a certain party.
Quantum of Damages	The amount of money awarded as damages or compensation for proven losses.
Recognisance/Bail	While waiting to appear in court for the first time, or while waiting to come back to court, a person can remain at liberty after signing an undertaking or bail agreement. The only requirement may be to appear in court at a certain date. Sometimes bail conditions may be imposed which limits a person's movements or associations with other people.
Re-Examination	The examination of a witness for a second time by the party calling him/her, following the opposing party's cross-examination of that witness.
Remand	Defendant is in custody after having been refused bail or if bail cannot be considered ( eg if defendant is a sentenced prisoner). Is often used in Magistrates court instead if the word "adjournment" and simply means that the matter is put off until another date and the defendant remains on bail.
Residence	Residence refers to where a child will live (the child's home). After separation, it is usual for a child to live with one parent (the resident parent) and to spend regular or occasional time (contact) with the other parent (the contact parent).
Restitution	This is the payment of money equal to the value of what has been stolen or damaged and is ordered to be paid by the child or adult. Restitution can be apportioned to several co-accused.
Return of Property	Police retain property that has been recovered until after the Court case, in case it should be required for evidence. They then ask the court for an order to return the property to the complainant.
Senior Counsel	Previously known as Queens Council or QC, a senior barrister who has been appointed to this position of distinction by the Chief Justice.
Separation of Powers	Having the judiciary separate from and not influenced by the parliament and the executive arm of the government.
Solicitor	A lawyer who mainly advises clients, prepares cases and briefs barristers. They can also appear in Court.
Statute	A law passed by parliament.
Summary Offence	A minor criminal offence triable before a Magistrate without a jury.
Summons	1. A document requiring a person to appear in court on a charge. It states the charge and the date and place of the court appearance 2. A document issued from the court that begins a legal action. The summons contains a claim made against a defendant by the plaintiff requiring the defendant to enter a defence within a given time.
Supreme Court	The Supreme Court is the State's highest court, with responsibility for both criminal and civil matters. It deals with serious criminal charges, such as murder, armed robbery and serious breaches of Commonwealth drug enforcement laws. Generally, it hears civil cases where the amount involved is more than $750,000.
Witness	A person who gives evidence in court.
Your Honour	The term used when addressing a Magistrate or Judge.