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Legal jargon is confusing to say the least, so in
an attempt to make things a little clearer, here are some definitions
of the most commonly used legal terms.
Barrister - A lawyer who is engaged by solicitors
to represent them in court (i.e. Do the talking for them). Barristers
also provide advice on cases.
Civil Case - Issues in dispute between private
citizens as distinct from criminal cases.
Committal - A proceeding in which a
Magistrate determines if there is enough evidence to support a charge
of an indictable offence.
Criminal Case - A matter between the State
and an individual pertaining to a criminal offence. A criminal offence
is either a summary or indictable offence.
De Facto - A partner who lives with you.
Defendant - a person against whom a civil
proceeding is brought or a person charged with a criminal offence.
District Court - Headed by a Judge, the District
Court has the jurisdiction to deal with criminal offences and civil cases
where the amount being claimed is between $50,000 and $250,000.
Executor - a person named in a will whose
duty it is to execute the directions of the will.
Indictable offence - A more serious criminal
offence which is triable by a jury.
Judge - A judge sits in the District and Supreme
Courts and is addressed as "Your Honour"
Jury - 12 people who are chosen from a panel
of ordinary citizens randomly picked from the electoral role, to make
determinations of facts in trials.
Legal Aid - A government body which provides
funding for legal representation for people who cannot otherwise afford
it.
Lawyer/Solicitor - A member of the legal profession.
Magistrate - A magistrate sits in the Magistrates
Court and is addressed as "Your Worship".
Magistrates Court - Headed by a Magistrate,
a Magistrates Court has the jurisdiction to deal with minor criminal offences
and civil cases where the amount being claimed does not exceed $50,000.
Minor Debt Claim - a claim which is brought
in the Magistrates Court and where the amount being sought is less than
$7,500. Benefits are that there are minimal costs. Solicitors cannot appear
in court at the hearing of the claim.
Plaintiff - a person who brings a civil claim.
Power of Attorney - Power given to someone
to act on your behalf.
Senior Council (Queensland) - A senior
Barrister who is engaged for more complex matters; usually in the superior
courts.
Registrar - An officer of the court.
Subpoena - A document requiring you to go
to Court to give evidence.
Summons - A notice calling upon a person to
appear before a court for a specified purpose.
Summary Offence - A minor criminal offence
which is dealt with in the Magistrates Court without a jury.
Supreme Court - Headed by a Judge, the Supreme
Court has the jurisdiction to deal with some criminal offences like murder
and some serious drug offences. The Supreme Court also has jurisdiction
to deal with civil matters where the amount being claimed exceeds $250,000.
Trustee - a person to whom an estate is conveyed
on trust for another.
Will - A legal document that states a person's
intention for disposal of his/her property after death.
Without Prejudice - A term used for communications
between parties which excludes the content of the communication from being
tendered/or relied upon in court proceedings.
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