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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.

 
   

Glossary of Terms

Magistrate
A magistrate sits in the Magistrates Court and is addressed as "Your Worship".

 
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