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Legal Terminology

Civil Litigation Legal Terminology

Absolute Final, complete, without conditions
Affidavit A written statement of facts which the deponent (person making the statement) knows to be true. The statement is then sworn on oath before a Commisioner for Oaths
Application notice A document with which the applicant states his intentin to seek a court order
Breach of contract The failure by ne part t keep to his part of a contract
Brief Written instruction to a barrister from a solictor or legal executive concerning the representation of a client in legal proceedings
Claim Form The commencement of the legal process in the County Courtor the High Court
Claimant Person making a claim against any other person by any form of proceedigs
Client care letter A letter from a solicitor to his client setting out who is dealing with his case, people to contact, who to complain to, what work will be done and the cost. By signing the letter the client enters into a contract with the solicitor
Comminssioner for oaths A person who may administer oaths
Counsel A barrister
Counterclaim A claim brought by a defendant in response to the claimant's claim
Cross-examanination A person giving evidence in court is examined by the legal representative of another party
Damages A sum of money awarded by the court to the claimant as compensation
Defendant A person served with a writ,summons or legal process. Applied generally to person charged with an offence
Fast Track The normal track for any claim that has a financial value of not more than 25,000 pounds
Indemnify To promise to compensate someone against any loss or damage they may incur
Indemnity The right for somebody to recover from a third party the whole amount which he himself is liable to pay
Injunction A court order prohibiting a person from doing something or requiring a person to do something
Judgment The final decision of a court
Judicial precedent A previous, binding decisions of a court
Jurat A memorandum at the end of an affidavit which shows details of how the affidavit was sworn ie before whom, when and where
Mult Track The normal track for any claim for which the other tracks are not the normal track
Office copy A copy of an official document, supplied and marked as a copy by the office which issued the orginal. A small fee is charged.
Quantum A quantity or amount (usually money)
Repudiate Deny liability
Seal A seal is mark, which the court puts on a document to indicate that the document has been issued by the court.
Service Steps required by rules of court to bring documents used in court proceedings to a person's attention
Small claims track The normal track in a personal injury claim where the financial value of the claim is not more than 5,000 pounds.
Special damages A payment which is not intended to compensate for the wrongful act, but to reimburse for a particular loss such as travel expenses or loss of wages
Statement of case Precise legal document stating each party's case
Stay A postponement eg a halt on proceedings
Strike out Where the court orders written material to be deleted so that it can no longer be relied upon
Sub judice Matters which are under trail may not be publicly discussed
Third party A person other than the principles in any prceedings
Tort A wrongful act which a person has a right to have remedied
Without prejudice Negotiations with a view to settlement are usually conducted 'Without Prejudice'; which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted
Witness A person who, having sworn to tell the truth, makes a statement of facts which he knows to be true, in court
Created by: Dheer