| Acquit: |
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To discharge, to find a person accused of
criminal charges not guilty after trial. |
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| Adjournment: |
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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. |
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| Affidavit: |
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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. |
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| Appeal: |
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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. |
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| Bail: |
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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. |
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| Brief: |
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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. |
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| Burden of proof: |
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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. |
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| Chambers: |
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The traditional name for the barrister’s office. |
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| Damages: |
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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. |
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| Defendant: |
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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. |
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| Discovery: |
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A procedure in civil actions by which documents relevant
to the action are exchanged between the parties before
the case is heard. |
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| Exhibit: |
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A document or thing shown to a witness when giving evidence,
produced for inspection to the court or referred to in
an affidavit. |
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| Ex parte: |
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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. |
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| Indictable offence: |
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A serious crime which is triable before
a judge and a jury. |
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| Informant: |
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A person, usually a police officer, who brings a criminal
charge against another. |
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| Injunction: |
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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: |
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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. |
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| Plaintiff: |
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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. |
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