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Glossary of legal terms

Act - Law passed by parliament, known as a 'bill' before assent by governor or governor-general.

Adjournment - When a case is put off to a later date.

Administrative law - The rules governing decision-making by public officials.

Admiralty - The law and court with jurisdiction over maritime affairs in general.

Affidavit - A written declaration made under oath before a notary public or other authorised officer.

Agent - An independent person or company with authority to act on behalf of another.

Appellant - Person, person's organisation or corporation that starts an appeal in a court. Applicants, appellants, respondents, defendants, etc., are generally called 'parties'.

Appellate courts - Courts to which an appeal is made.

Applicant - Person, person's organisation or corporation that starts a case in a court. Applicants, appellants, respondents, defendants, etc., are generally called 'parties'.

Bar - The practicing members of the legal profession.

Barrister - A lawyer who presents cases in higher courts.

Case at first instance - A case for which no precedent is set.

Case law - The area of law developed by the courts while hearing and determining disputes.

Civil law - Laws regulating the behaviour of individuals; a form of private law.

Common law - Case law developed in common courts. This term is sometimes used to describe all case law or judge-made law.

Constitution - A set of rules or principles according to which a state or other organisation is governed. A body of laws governing those who make laws. The Australian Constitution is an Act that sets out the structure of federal government and the powers of federal parliament.

Counsel - A barrister.

Copyright - A right that gives the author of an artistic work, for a limited period, the exclusive privilege of making copies of the work and publishing and selling the copies.

Criminal law - Laws concerned with both the rights of the individual and of society as a whole.

Crown prosecutor - Legal representative of the Crown who institutes criminal proceedings against the accused.

Custom - A long established tradition or usage that becomes customary law if it is (a) consistently and regularly observed and (b) recognized by those states observing it as a practice that they must follow.

Customary law - The way people live and their rules including ceremonies, songs, stories; a way of life governed by a system of beliefs.

Damages - Compensation (usually money); most common outcome of civil cases.

Defendant - Person brought to court and charged with a criminal offence. Applicants, appellants, respondents, defendants, etc., are generally called 'parties'.

Determination of fact - The court's role to discover the truth.

Disclosure - Revealing all relevant information.

Discretion - The ability to choose whether to, or whether not to, proceed with a decision.

Discretionary - When the decision is made on what seems fit for the circumstances.

Dissent - To differ in opinion.

Equity - The body of rules applied to where there is no relief under common law. equity: (From Latin æquitas: 'even' or 'fair.') Being just, impartial, and fair. Justice applied in circumstances not covered by rules of law.

estoppel - (From Old French estoupail: 'stopper' or 'bung.') Legal rule that one cannot make an allegation or denial of fact that is contrary to one's previous actions or words.

Extinguish - To wipe out, make non-existent.

Human rights - Basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecution.

Injunction - A court order making a person do, or refrain from doing, something.

Intellectual property - Abstract property, such as a manuscript or computer software, over which the owner has legal possession.

Interrogatories - A method of formal discovery wherein a lawyer serves upon the other party's lawyer a written document consisting of a set of questions. The party served must answer the questions, under oath and in writing.

Judgment - An oral or written statement by a judge or judges, arbitrator or arbitrators, of a court or tribunal as to a decision reached in regard to a cause tried or argued before the court or tribunal, setting out the law as applied in the case and detailing the reasons upon which the decision is based.

Judicial discretion - The right of a judge to make a choice, eg. in punishment.

Jurisdiction - The extent of legal authority or power.

Law - A rule established by authority, society, or custom.

Legislation - An act of parliament or piece of delegated legislation.

Mediation - (From Latin mediare: 'to be in the middle.') Bringing about a peaceful settlement or compromise between parties to a dispute through the benevolent intervention of an impartial third party.

Natural justice - Rules of fair play originally developed in the common law courts.

Obiter dictum - A judge's statement made during a judgment, but not part of the reason for the decision.

Original jurisdiction - The authority or legal power to hear a case in the first instance.

Plaintiff - A party who initiates a civil action.

Precedents - Judgments quoted as an authority for deciding a similar set of facts; must come from an equivalent or higher court. precedent: (From Latin præcedens: 'going before in time').

Prima facie case - (Prima facie is Latin for 'at first sight' or 'on first consideration.') A showing of sufficient evidence to initially establish a petitioner's case. If such a case is made out, the opposing party is then required to respond; if not, the case will be dismissed.

Procedural fairness - The just administration of rules that provide how parties go about enforcing their legal rights.

Ratio decidenti - The legal reasoning on which a judgment is based.

Remedy - Redress; make up for a wrong.

Repeal - Cancellation of a statute or part of a statute or act.

Rites - Religious or solemn ceremonies that must be observed.

Rule of law - The concept that everyone obeys the law; no-one is above it.

Rules of standing - Determining who is allowed to appear before the court.

Separation of powers doctrine - Division of the power among legislative, executive and judicial arms of government to provide for checks and balances.

Statutes - Acts of parliament.

Statutory rule - The generic name for all types of delegated legislation.

Subpoena - A subpoena compels the appearance of a person at a trial to testify and to produce documents. A subpoena is a court order, and if properly issued and disobeyed, the disobedient person could be in contempt of court.

Summons - A document issued by a court directing a person to appear before it.

Sunset clause - A legal clause giving a final date after which no remedy may be sought, regardless of the grounds of complaint.

Terra nullius - Empty land; land belonging to no-one.

Tort - A civil wrong where one person unreasonably interferes with the rights of another.

Trial - Judicial examination and determination of issues between parties with or without a jury.

Tribunal - A specialised adjudication body. The term is generally used to refer to administrative dispute resolution bodies other than courts.

Ultra vires - Where a body has acted outside its law-making powers.

Writ - A written court order to do or refrain from doing something.