A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Abet
To assist or encourage as an accomplice in the commission of an offence, being present when the offence is
committed. One who abets is a principal in the second degree.
Acquittal
A setting free from a criminal charge.
Accused
A
person charged with an offence; the defendant in criminal proceedings.
Action
1 a civil proceeding instituted by one party against another;
2 the right of instituting legal
proceedings.
Act of Parliament
A statute; a legislative decree of parliament.
Actus reus
(in the analysis and definition of
criminal offences) the physical component of a particular crime, being the action itself, as opposed to the necessary accompanying state of mind (see mens rea) [L: guilty act, from the entrenched mistranslation of the maxim actus non facit
reum nisi mens sit rea as "no guilty act without a guilty mind", rather than ‘act does not make a man guilty unless his mind be guilty’]
Ad hoc
For this purpose. The
phrase is often used in the sense of "impromptu".
Adjourn
To suspend or postpone, especially a meeting or hearing to a future date.
Adjudicate
To determine an issue or dispute in a judicial manner.
Administrative Appeals Tribunal
A statutory body forming part of the framework of administrative
law introduced by federal parliament since 1975. This non-judicial mechanism for the review of administrative decisions was established under the Administrative Appeals Tribunal Act 1975. Matters over which the tribunal has jurisdiction
include taxation, social welfare, deportation of migrants, etc. An administrative decision of a Commonwealth agency may be taken to the tribunal as a form of appeal, and the tribunal can then review the case on its merits and make recommendations.
Appeals on questions of law from decisions of the tribunal are heard by the Federal Court of Australia, which sits as a full court when the tribunal was constituted by a Federal Court judge. Abbrev: AAT.
Administrator
A person appointed by the court to administer an estate which lacks an executor.
Admiralty jurisdiction
Jurisdiction over maritime matters, including
damage to ships and cargoes, collisions at sea and seafarers wages.
Admissible evidence
Evidence which may be adduced in court. See also rules of evidence.
Adoption
The legal process by which a child becomes the child of the adopting parent and ceases to be the child of any person who was its parent before the adoption.
Ad testificandum
For the purpose of giving evidence. [L] See also subpoena
Adult
A person who has attained 18 years of age.
Advocate
The person presenting a case to a court or tribunal on behalf of one of the parties involved.
Affidavit
A written statement, sworn or
affirmed, which may be used as a substitute for oral evidence in court.
Affirmation
A solemn declaration, being the secular equivalent of an oath.
Agent
A person authorised to act on behalf of another (the principal). A general agent (or universal agent) is one with general authority to act, or with authority to act in transactions in the course of his/her ordinary
business. A special agent is one with authority to act for a special purpose only. An agent of necessity is a person deemed to have authority to act as an agent for another in an emergency. An agent’s remuneration is usually a commission or a
fee.
Age of consent
The age at which a person is judged capable in law of consenting to sexual intercourse (generally, 16 for females, 18 for males).
Agreed facts
Often in written form, a statement of facts agreed to by all parties.
Alias
A false name.
Allegation
An assertion, still to be proved, made by a party in a legal proceeding.
Allocatur
The certificate of a taxing officer stating costs allowed. [L: it is allowed]
Allocatus
In a criminal trial, the invitation to the convicted person, after pronouncement of the verdict, to comment as to why the court should not impose its penalty.
Alternative counts
(in an indictment) alternative descriptions of the same offence.
Alternative verdict
A verdict of guilty in respect of an
offence other than that with which the accused was charged, eg manslaughter for murder.
Amicus curiae
A person, not being a representative of a party to the proceedings, permitted to argue
a point of law or fact before the court, usually on behalf of some party indirectly interested.
Anor
Another.
Appeal
1
an application to a higher court to review the decision of a lower court on the ground that it was in some way flawed;
2 a rehearing, as the result of such an application.
Appearance
1 formal notice of a defendant’s intention to take part in the proceedings;
2 the presence in court of a party, either personally or be legal representative.
Appellant
A party who appeals against a judicial decision which is not in his/her favour. See also Appeal.
Appellate
Relating to appeals; having power to decide
appeals.
Arraign
To call a prisoner to the court to answer the charge in the indictment.
Arrears
A debt owing after the time
for payment.
Attachment
1 the process by which a court is able to seize a person’s money or property for the purpose of ensuring that a judgment can be satisfactorily rendered.
Attachment of a debt involves the seizing of a person’s money in order that a judgment debt can be paid to the judgment creditor. It may be used in a garnishment
to seize the garnishee’s funds;
2 the arrest of a person
for disobedience to or contempt of the court.
Attestation
The act of witnessing, eg that a document has been signed.
Automatism
An inability to control physical reflexes, produced by some external cause. It is a criminal defence.
Autrefois acquit
A plea that the prisoner has already been tried for
and acquitted of the same offence
Bail
In criminal
proceedings, the release of a prisoner from legal custody into the custody of persons acting as sureties, undertaking to produce the prisoner to court at a later date or forfeit the security deposited as a condition of release. The term may also be
applied to the security, or to the person acting as surety. Neither security nor sureties are obligatory in a modern grant of bail.
Bailiff
An administrative officer performing the
functions of a sheriff in connection with a lower court.
Bar
1 an imaginary barrier isolating the bench and the front row of counsel’s seats from the rest of the court;
2 (of the house) a bar or rail opposite the presiding officer’s chair in a house of parliament, marking off the body of the house a space to which non-members may be admitted for certain purposes;
3 to prevent or block the bringing
of a legal action or claim;
4 to block, destroy or put to an end to, as in to bar an entail.
Bar table
The table in a courtroom at which the advocates sit.
Barrister
A legal practitioner whose main function is to act as an advocate in court.
Bench
1 a collective term for judges;
2
the judges of a court of law.
Bench warrant
A warrant for arrest issued by a court.
Bill of costs
A solicitor’s account
of costs incurred on the client’s behalf.
Bona fide
In good faith; honestly [L]
Bond
1 a formal undertaking, such
as a contract under seal, which binds a person to pay a sum of money in default of fulfilling some condition or acknowledges the existence of a debt;
2 an instrument of indebtedness generally issued by a government or by semi government
bodies/ Bonds issued by companies are call debentures;
3 an undertaking by an offender to be of good behaviour for a certain period.
Burden of proof
(in the law of evidence)
1 the obligation on the party who asserts a matter to establish his/her case by adducing sufficient supporting evidence and/or argument to satisfy the required standard of proof. In criminal trials, the burden rests on the prosecution,
except in the case of certain defences;
2 the obligation to adduce evidence sufficient to be considered by the jury at a trial.
By-law
Subordinate legislation, generally at
the local government level.
Call over
The reading out in court
of a list of cases yet to be dealt with in order that hearing dates may be arranged.
Case category
Categorises the different cases for statistical purposes. The case category does not
affect any other aspects of the case.
Case event
Any activity of a court process being created at a Registry which is then broken down to specific events such as initiating events or
enforcement events.
Caseflow statistics
Will monitor and track events and gauge time lapses against pre-determined time standards.
Case law
Principles of law established by judicial decisions rather than by legislation.
Case list
A daily list of matters for hearing
Case stated
A submission from a lower to a higher court, setting out a decision of the lower
court and requesting an opinion on a point of law involved in the decision.
Cause of
action
The circumstance or combination of circumstances giving rise to a right to bring a legal action.
Caveat
A legal notice lodged with the appropriate court or authority to
prevent further steps being taken in certain processes (eg granting of probate) until the claim of the caveator has been determined. (Let him beware)
Caveator
One who lodges a caveat.
Certified copy
A copy of a document, endorsed by a person with authority to do so as being a true copy of the original.
Chambers
1 rooms for the use of judges or other court officials, adjacent to the courtroom;
2 offices occupied by barristers.
Circuit court
A court in a provincial centre, to which
judges are rostered by the central administration.
Citation
1 the quotation of an authority in legal argument;
2 a reference to the report of a case, comprising the year, an
abbreviation of the relevant series of law reports, and the page number;
3 the calling before the court of a person not party to an action.
Civil Law
1 law pertaining to
matters between private citizens (as distinct from criminal law, administrative law or industrial law), as in civil proceedings, civil remedy, civil wrong;
2 law pertaining to civilians, as opposed to military law;
3 (in comparative
law) a system of law based on Roman law, typified by the codification of large areas of law and a relative freedom from the constraints of precedent, in contrast to legal systems developed from the English common law.
(in civil law systems) law applicable to ordinary citizens, as distinct from commercial law.
Closed court
A court from which the public has been excluded.
Codicil
A document which may add to, alter or revoke a will in some way.
Commit
1 to consign to custody in an institution;
2 to send to a higher court
for trial by jury.
Committal proceedings
Proceedings to determine whether there is sufficient evidence to put a person on trial for an indictable offence.
Common law
The unwritten law based on court decisions and customs, as distinct from statute law.
Common seal
The official seal of a corporation, used to
authenticate documents issued in the name of the corporation.
Complainant
One who makes a complaint.
Complaint
1.
information in written form giving details of an alleged criminal offence. This is a means by which summary and committal proceedings may be commenced;
2. in certain jurisdictions, the means by which various civil matters are initiated.
Conciliation
The bringing together of parties in dispute with the aim of settling prior to the court being involved. Mainly civil matters.
Concurrent sentence
A sentence to be served at the same time as another sentence.
Conference
A meeting between solicitor and counsel for discussion of a case.
Confession
1 (in criminal law) a statement admitting guilt concerning the charge, whether made formally, ie by pleading guilty, or informally, out of court;
2 (in civil proceedings) a formal
admission, as in confession and avoidance (a pleading in defence admitting the allegations made by the other party but seeking to deflect them with allegations of one’s own)
Consent
judgment
A judgment effected by agreement of the parties.
Contempt of court
Disobedience to or open disrespect of a court or legislature, its rules or orders, or conduct likely to
prejudice a hearing. In some jurisdictions sanctions are provided by statute. In others a tribunal may be able to punish contempt of its authority as a consequence of its status as a superior court of record.
Conviction
A finding that an accused is guilty of the crime charged.
Coram
In the presence of.
Costs
The
sums of money which the successful party is entitles to recover for reimbursement of particular expenses incurred in litigation.
Counsel
1 a barrister, barristers (collectively);
2 in criminal law, to advise concerning the commission of a crime.
Count
In criminal procedure, a paragraph in an indictment charging one distinct offence.
Counterclaim
A substantive claim made by a defendant against the plaintiff, capable of grounding an independent action, but dealt with for the sake of convenience in the proceedings initiated by the
plaintiff.
Court
1 a judicial tribunal;
2 the seat of a judicial tribunal.
Court of appeal
A State court
exercising the Supreme Court’s appellate jurisdiction in civil matters.
Court of Criminal Appeal
A State court exercising the Supreme Court’s appellate jurisdiction in criminal
matters.
Court of record
A court the proceedings of which are made part of a permanent record, and which has the power to punish contempt.
Court of summary jurisdiction
A Magistrates Court exercising primarily criminal jurisdiction.
Creditor
A person or entity to whom a sum of money is due from another
(the debtor).
Criminal
1 of or pertaining to crime; pertaining to criminal as opposed to civil law;
2 a person convicted of a crime.
Cross examination
The interrogation of one party’s witness by the opposing party.
Crown Solicitor
The government solicitor.
Cumulative
Added one to another, as in cumulative sentences.
Custody
1 (In family law) the right to have, and the responsibility to make decisions concerning, the daily care and control of a child;
2 (In relation to choses in possession) a physical holding not amounting to possession.
3 (In criminal law) imprisonment; being taken into control by a police officer, an officer of the court, etc.
Damages
Pecuniary compensation for damage suffered, as paid by the person causing it or awarded by a
court in a civil law proceeding.
Days of grace
Additional days allowed for the doing of some act after the expiry of the original time limit.
Debt
A sum of money due from one person or entity to another.
Debtor
A person or entity who owes a sum of money to another (the creditor).
Decision
The determination, usually in the form of a reasoned statement, reached by a court or tribunal after hearing a case or an issue in dispute. A statement of opinion or recommendation, or observations on
the side which do not go to the essence of the matter, may not be a decision. The existence of a decision may determine whether an appeal or review of tribunal proceedings is available.
Declaration
1 a statement asserting facts, as in declarations of deceased persons;
2 a declaratory judgment
Default
Failure to perform an act legally required,
especially failure on the part of a defendant to give notice of intention to take part in legal proceedings.
Defence
1 in pleading, the formal contesting of the plaintiff’s
statement of claim or the prosecutor’s case by the defendant or the accused;
2 a legally recognised justification or excuse, eg provocation, as a defence to murder;
3 collectively, the defendant and the legal agents of the
defendant.
Defend
To contest a criminal charge or civil claim.
Defendant
1 a person against whom civil proceedings are
brought;
2 a person charged with a criminal offence in a lower court;
Demurrer
A traditional form of pleading in reply, alleging that the opponent’s plea was misconceived in
law.
Deposition
A statement under oath, taken down in writing for use in subsequent court proceedings.
Dietrich application
Named after a High Court case where a party named Dietrich argued successfully for a stay of halt of action against him on the grounds that he was poor and would not be able to fund an adequate defence and therefore would not receive a fair
trial.
Direction
1 a judge’s instruction to the jury on a matter of law;
2 the administrative function and process of a tribunal to ensure that hearings are
expeditiously and justly conducted. The power to give such directions is either expressly conferred by statute or arises from a tribunal’s power to regulate its proceedings and procedure.
Directions conference
A pre-trial hearing held in order to expedite settlement and/or streamline the case about to be heard, in which the parties identify all points of contention and points upon which agreement has been reached.
Discovery
(before a hearing or trial) the production by one party, at the request of the other, of a list all documents currently or formerly in the party’s possession relating to the case.
District Court
An intermediate court, presided over by a District Court judge, superior to the lowest level of courts which are presided over by magistrates, and inferior to the Supreme Court.
Dock
The stand in which the accused is placed.
Double probate
A second grant of probate made to one or more of the other executors named in the will who did not
initially apply for a grant of probate.
DPP
Director of Public Prosecutions.
Duces tecum
You will bring with you [L] See
also subpoena
Duty solicitor
A solicitor rostered to attend a court in order to advise or represent persons without legal representation due to appear in court that day.
Empanel
The process of selecting potential jurors to sit on a criminal
trial.
Enforcement
The process by which the law seeks to deter breach of statutes, regulations, rules of common law, awards and agreements by individuals and/or organisations. Enforcement
takes place when proceedings are taken to penalise persons who might have disobeyed the law or an award.
Estreatment
Forfeiture of a guarantee.
Evidence
Data tending to support or prove a fact at issue in judicial proceedings.
Examination
The formal interrogation in a court or tribunal of a person bound by oath
or affirmation to answer truthfully.
Executor
A person appointed by a testator in his/her will to carry out the provisions of the will.
Ex gratia
Out of grace; as a matter of favour (of a payment made without any admission of legal
liability). [L]
Exhibit
A material object displayed in court to
illustrate or amplify verbal evidence.
Ex officio
By virtue of office [L]
Ex parte
On the application of one party to an
action in the absence of the other. [L]
Extradition
The delivery by one state to another of a person subject to criminal proceedings in the receiving state.
Family Court of Australia
A federal court operative since 1976 and exercising jurisdiction over
family law under the provisions of the Family Law Act 1975.
Finding
The determination of a factual issue, as a result of judicial inquiry.
Fine
In criminal law, a sum
of money payable to the Crown by an offender as punishment.
For mention only
A short hearing.
Full Court
An appellate or
reference court constituted by not less than a prescribed quorum of judges sitting together. Colloquially also, full bench.
Full bench
A sitting of a court or tribunal consisting of more
than one judge.
Functus officio
Having discharged his duty. The phrase is used of an agent or official who, having performed his/her function, has no further authority in a matter [L].
General gaol delivery
Appearance of all prisoners in gaol for
arraignment on the first day of each month.
Grant of representation
Authority to administer a deceased person’s estate, given by an appropriate court. A grant of probate is made
to an executor nominated by the deceased in a will, but where for one reason or another there is no executor to act for the deceased, letters of administration are granted to an administrator.
Guarantor
One who gives a guarantee; a surety.
Guardian ad litem
A person appointed to stand in the place of a minor (or other under legal disability) made party to a
suit.
Guilty
Legally responsible for a criminal offence.
Hearing
A general term for the presentation of a matter before a tribunal.
Hung jury
A jury unable to reach a verdict.
In camera
In private, ie, in a judge’s private room or in a
closed court.
Indictable offence
A more serious crime, triable by jury. In contrast to summary offence.
Indictment
A formal written accusation charging a person with an offence to be tried by jury.
Industrial Court
An industrial tribunal constituted by judges or legally qualified
persons and dealing with various judicial functions. The court which under the Workers Compensation Act, 1971 has the jurisdiction to hear and determine questions or disputes in relation to the liability to pay workers compensation.
Information
A document by means of which criminal proceedings may be initiated in a magistrate’s court, stating the details of the alleged criminal conduct.
Instruct
(of a solicitor) to request a barrister to present a particular case in court and to furnish him/her with the information and material necessary to do so.
Interlocutory
Interim; temporary or provisional, pending determination or final judgment.
Interrogatory
A written question on a relevant issue, submitted by one of the
parties in a civil proceeding to the other before the trial, requiring a written response. Interrogatories are part of the discovery process.
Intestate
Without having left a valid will, or
having left a will which does not dispose entirely of one’s property.
JP
Justice of the Peace
Joinder
The inclusion of several clauses of action or of several parties in a single proceeding.
Judge
A judicial officer whose function is to adjudicate on matters brought before a court for decision. In Australia, only those who preside over intermediate or superior courts are generally classified as judges. The title of
Judge is applied to judges of the intermediate courts, while the title of ustice is reserved for judges of the superior state courts and all federal courts.
Judgment
The court’s
decision as to the rights of parties in an action brought before it, sometimes including the reasoning and any interpretation of phrases in legislation or awards which led the judge to the decision.
Judgment by default
Judgment against a defendant who fails to take the steps necessary to bring a defence before the court of otherwise respond.
Judgment by direction
In civil proceedings in some jurisdictions, a direction by the judge on the application of the defendant that judgment be entered for the defendant on the ground that the plaintiff has failed to establish a prima facie case.
Judgment creditor
The party to whom a judgment debt is owed.
Judgment debt
A debt which a court has ordered to be paid. The party ordered to
pay it is the judgment debtor and the party to whom it is owed is the judgment creditor.
Judgment debtor
The party liable to pay a judgment debt.
Jurisdiction
1 the power of a State to legislate and enforce its laws;
2 the power or authority of a court to exercise judgment (over some matter);
3 the territory over which such power is exercised.
Juror
A member of the jury
Jury
A body of 12 persons without legal experience, chosen at random from the general community, and
given the responsibility of determining questions of fact on the basis of evidence presented in criminal trials on indictment.
Legislation
1 the process of making or enacting laws;
2 a law or a body of laws enacted, including not only acts of parliament but also delegated
legislation.
Lien
A type of security over property. Under a legal lien, the creditor has the right to retain possession of a debtor’s property until the debt is paid. Where the
property retained is connected with the debt owed, the lien is a particular lien; where there is no connection, the lien is a general lien. An equitable lien, however, may exist irrespective of possession and arises by operation of
law rather than by express agreement, conferring on the creditor rights over certain property of the debtor.
Litigation
Civil action by one party against another.
Magistrate
A judicial officer presiding over a court of the lowest tier (ie with
summary criminal jurisdiction and a limited civil jurisdiction).
Magistrates Court
An inferior court presided over by a magistrate. It usually has summary criminal jurisdiction and a
limited civil jurisdiction but may also have a special jurisdiction when sitting as a Youth Court, Coroner’s Court or industrial magistrates' court.
Maintenance order
A court order for
payment of money towards the support of a spouse of child.
Master
A legally qualified officer of a Supreme Court, empowered to perform auxiliary judicial duties.
Matter
In Australian constitutional law, a question involving the conflicting claims of specific parties, to be settled by the determination of the court.
Mens rea
(in the analysis and definition of criminal offences) the requisite mental constituent of a particular crime. [L]
Minor Indictable offence
An offence punishable by a maximum
of five years gaol. It can be heard either by a magistrate or a District Court judge.
Mistrial
A trial without legal effect because some fundamental error in the proceedings.
Motion
An application or request to a court, generally made orally by a party in open court.
My learned friend
The phrase customarily used
by counsel when referring to opposing counsel in court.
Native title
Title to land based on traditional Aboriginal and Torres Strait Island law and custom. In 1992, the High Court of Australia recognised that Murray Islanders were entitled "as against the whole world, to possession, occupation, use and
enjoyment of the lands of the Murray Islands" (see Mabo v Queensland [No 2] 919920 175 CLR1). This meant that Australia could no longer be regarded as terra nullius at the time of colonisation. The extent of the native title of a group of
indigenous people depends upon that group’s particular customs and traditions. Native title can be lost in a number of ways, including the indigenous people losing their connection with the land, Crown grants of freehold title, and other grants
which are inconsistent with its existence.
Next friend
A person appointed to stand in the place of a plaintiff who is a minor, or otherwise under legal disability.
No case
In civil or criminal proceedings, a submission by one party that the other party has failed to establish a prima facie case. Such a submission, if successful, results in dismissal of the case.
Nolle prosequi
A decision by the state or by a plaintiff, in criminal or civil proceedings respectively, not to proceed with all or part of a case. [L]
Non-parole period
That
part of a prison sentence before the expiry of which a prisoner cannot be released on parole. The non-parole period is, however, subject to remission for good behaviour.
Non-proving executor
An executor who is named in the will but who is not applying to prove the will.
Not guilty
The plea to a criminal charge where the accused wants to put the prosecution to the task of
proving his/her guilt. A verdict of "not guilty" signifies the prosecution’s failure to establish the accused’s guilt beyond reasonable doubt
Notice practitioner
A
specific practitioner of a representing law firm to whom notices relating to a case party represented by that law firm are specifically directed.
Offence
A crime. The word is especially associated with crimes created by statute and capable of being dealt with summarily.
Opening address
Counsel’s introductory speech to the court, in which the party’s case and evidence to be adduced in support are outlined.
Out of court
settlement
The private settlement of litigation.
Order
The command or direction by a court or tribunal.
Parole
The conditional release of a prisoner before the expiration of the sentence.
Part heard
This means that the case has
begun.
Particulars
(in pleadings) details of a claim or defence.
Party
A person, group or organisation who takes part in a
transaction or legal proceeding.
Payment into court
One of the accepted methods of out-of-court settlement of legal proceedings, entailing payment by the defendant into an account
maintained by the court of an amount estimated by the defence as adequate to satisfy the plaintiff’s claim. The plaintiff’s acceptance of the amount before the trial effectively disposes of the action.
Per se
By itself. A wrong is actionable per se if it can be sued upon without showing that it has caused actual damage. [L]
Personal service
The delivery
of a writ etc, by leaving it in the presence of the person to be served and drawing his/her attention to its nature.
Perverse verdict
A verdict of a jury unreasonable in the light of the
evidence; or contrary to the judge’s direction on a point of law.
Plaintiff
A person who brings a civil action.
Plea
A
contention put forward by one party in answer to the accusation of the other party, eg a plea of not guilty in a criminal case.
Plead
To make a plea in a civil or criminal proceeding.
Praecipe
A form requesting a court officer to issue or prepare some document.
Prasad direction
An invitation to a jury by a judge to
find the accused not guilty prior to hearing the defence case. The jury is entitled to decline the invitation and elect to continue the trial. At any time thereafter during the defence case, should it wish to do so, the jury can unanimously find the
defendant not guilty.
Presiding judicial officer
A justice of the Supreme Court, judge of the District Court, master or magistrate. The senior member of a panel of judicial officers is
sometimes called the President.
Pre-trial hearing
A conference between opposing counsel for the purpose of narrowing down the issues and to seek agreement on which matters should be
presented at the trial.
Prima facie
At first
appearance. [L]
Prima facie case
A court case supported by evidence capable of
establishing it to the satisfaction of a jury in the absence of any evidence from the opposing side.
Prisoner
A defendant who has been placed into custody or on bail.
Privileged will
A will made by a privileged testator (ie one in whose case the usual formalities of writing, witnesses, signature etc are waived). Statutes of different jurisdictions define privileged testators
as members of the armed forces on actual military service and seamen when at sea.
Probate
A document issued by the court certifying that a will has been proved as valid, and authorising the
executor named in the will to administer the estate. An executor may not begin to administer an estate until probate has been granted.
Probate jurisdiction
Jurisdiction over grants of
representation of the estates of deceased persons, and ancillary matters.
Probation
As an alternative to imprisonment of offenders, freedom under supervision, conditional on good
behaviour.
Proceedings
A general term for civil or criminal cases.
Proof
That which establishes the existence or non-existence
of an alleged fact.
Prosecution
1 the institution and conduct of criminal proceedings against an accused;
2 (in a criminal trial) the side prosecuting as opposed to the
defence.
Proving executor
The executor who is applying to prove the will
Proving a will
Having a will accepted as genuine in
order to obtain a grant of representation.
Public Trustee
A statutory corporation sole, authorised to perform the functions of executor, administrator and trustee.
QC
Queen's Counsel (a member of the senior of the two grades of barrister)
Quash
To set aside, cancel.
R
Rex (the King) or Regina (the Queen), ie the Crown (in the context of prosecutions by the state).
Rebuttal
Evidence called to rebut or destroy the effect of prior
evidence.
Recidivism
Tendency to relapse into criminal behaviour.
Recognizance
An obligation, acknowledged before a court or
magistrate, to pay a debt, appear in court, be of good behaviour, etc.
Registry
Individual physical locations of business offices of the Courts Administration Authority throughout South
Australia eg Port Adelaide, Mount Gambier, Elizabeth, Adelaide, Coober Pedy.
Remand
To recommit or readmit an accused to custody or to bail respectively, pending further court
proceedings.
Renouncing Executor/Administrator
The name of the executor/administrator who is renouncing his right and title to a grant of representation.
Renunciation
A document filed at the Probate Registry signed by either the executor or administrator renouncing his right and title to a grant of representation.
Reseal
The sealing in the probate jurisdiction of a grant of representation which was issued by another court outside of the probate jurisdiction.
Respondent
A party called to answer
legal proceedings by petition or appeal, including a party responding to an application or notification of an industrial dispute lodged with an industrial tribunal.
Retrial
A new trial,
ordered in certain circumstances by a court of appeal.
Right of challenge
Each accused person and the Crown has the right to challenge the selection of up to three jurors before they take
their seats in the jury box, without giving any reason, by simply saying ‘challenge’.
Sentence
The determination by the court of the penalty to be imposed on a convicted person.
Sheriff
An officer with responsibility for the service
of process, the enforcement of civil judgments and the provision of juries.
Sine die
Without appointing a day on which to reconvene.
SM
Stipendiary Magistrate.
Statement
Written evidence stating facts.
Stay of proceedings
The permanent or temporary
discontinuance of an action, by order of the court.
Subpoena
A writ issued by a court ordering a person, with penalty for non-compliance, to come before it to give evidence or to produce relevant documents.
Sue
To initiate an action in civil law against another person or body for a perceived wrong.
Summary jurisdiction
The jurisdiction, exercised by a
magistrate’s court, to try persons accused of minor criminal offences without a jury.
Summary offence
A minor criminal offence triable before a magistrate without a jury. In contrast
to indictable offence.
Summing up
A judge’s review of the evidence and explanation of the law relevant to the case for the benefit of the jury before they
retire to consider their verdict.
Summons
An originating notice calling on a person to appear before a court for a specified purpose.
Surety
One who gives another an undertaking to answer for any debt or default of a third party in respect of a dealing between the second and third parties.
Suspended sentence
A
sentence pronounced but not carried into effect, as long as the offender does not offend again within a given period.
Taxation of costs
Scrutiny and adjustment by a court officer of costs claimed to have been incurred in litigation.
Testator
The maker of
a will.
Tipstaff
An officer of a higher court whose function is to maintain order in the courtroom.
Trustee company
A company
authorised by statute or by its own constitution to act as a trustee, executor or administrator, as required.
Under oath
A witness having sworn to tell the truth. This can be done by swearing on a bible, Koran etc. Or by secular affirmation.
Undertaking
A promise, pledge or guarantee, especially one made by a party in the course of legal proceedings.
Voir Dire
A hearing by the judge in the course of, but apart from, the main trial (and in the absence of the jury where the trial is by jury), in order to settle a question raised by either party concerning any fact which has to be assumed for the purposes of the trial proper, eg the hostility, expertise, or competence of witnesses, or the voluntariness of confessions. It is sometimes called the "trial within a trial".
Warrant
Written authority to do some act,
eg to carry out a search or make an arrest.
Bench warrant - used for non-appearance of a prisoner on bail and authorises their arrest and appearance before the court.
Will
A
person’s declaration of intention, oral or written, concerning arrangements to take effect on or after his/her death. Strictly speaking, a will comprises a person’s testamentary instruments, although the term is sometimes used for the main
instrument, as distinct from a codicil.
Youth Court
A special court in each Australian state and territory with jurisdiction over offences committed by children and young persons up to the age of 17 or 18. The trial is summary, without a jury, in a closed court.
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