Unjumbling the Jargon: Basic Definitions of Some Common Legal Terms (Part 1)
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If you’ve ever been involved with any aspect of the law – from making a contractual agreement, putting together a Will, or filing for divorce, to actioning a claim, handling child matters, or building a strong criminal defence – “legal talk” can often seem like an entirely different language.
In this two-part blog series, we’ve compiled a list of some of the most commonly used legal terms and offered basic, easy-to-understand definitions for each.
Acquittal
Used in criminal trials. When the trial ends in a verdict that a person is not guilty of committing the crime for which they’ve been charged.
An acquittal signifies that the prosecutor failed to prove the defendant’s guilt beyond reasonable doubt.
Example sentence: “The trial ended in an acquittal.”
Absente reo
Any event which takes place in the absence of the defendant.
Example sentence: “The testimony was given absente reo.”
Testimony
A formal written or spoken statement given in a court of law.
Example sentence: “The judge called for the testimony of the eyewitness.”
Affidavit
A written statement, confirmed to be true under oath, which can be used as evidence in a court of law.
Example sentence: “The business owner swore an affidavit in support, setting out her case.”
Appeal
A request made by the losing party after a trial has concluded to have the case reviewed by a higher court.
Example sentence: “The claimant filed an appeal following the trial’s end.”
Dispute
A disagreement, usually between two parties. Disputes may arise following the breakdown of a relationship, or the death of a loved one. They may even arise following a conflict with a friend or neighbour, or in any case where harm has been caused or money lost due to negligence on the part of a professional or tradesperson.
Example sentence: “The couple opened a dispute with their contractor.”
Probate
The legal process of dealing with the property, finances and possessions of a person who has died.
Example sentence: “His property was valued for probate.”
Force majeure, or act of God
A natural hazard outside of human control, such as an earthquake or hurricane, for which no person can be held responsible.
Example sentence: “The claim was discontinued due to the force majeure clause.”
Ad litem
Used when a person is appointed to act on behalf of a child or other person who is not considered to be capable of representing themselves in a court of law.
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