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Definitions (25)
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acquit
To discharge, to find a person accused of criminal charges not guilty after trial.
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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.
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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.
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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.
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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.
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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.
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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 defendan [..]
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chambers
The traditional name for a barrister's office.
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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.
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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.
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