Civil Litigation Legal Terminology
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| Absolute | Final, complete, without conditions
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| 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
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| Application notice | A document with which the applicant states his intentin to seek a court order
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| Breach of contract | The failure by ne part t keep to his part of a contract
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| Brief | Written instruction to a barrister from a solictor or legal executive concerning the representation of a client in legal proceedings
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| Claim Form | The commencement of the legal process in the County Courtor the High Court
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| Claimant | Person making a claim against any other person by any form of proceedigs
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| 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
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| Comminssioner for oaths | A person who may administer oaths
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| Counsel | A barrister
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| Counterclaim | A claim brought by a defendant in response to the claimant's claim
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| Cross-examanination | A person giving evidence in court is examined by the legal representative of another party
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| Damages | A sum of money awarded by the court to the claimant as compensation
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| Defendant | A person served with a writ,summons or legal process. Applied generally to person charged with an offence
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| Fast Track | The normal track for any claim that has a financial value of not more than 25,000 pounds
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| Indemnify | To promise to compensate someone against any loss or damage they may incur
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| Indemnity | The right for somebody to recover from a third party the whole amount which he himself is liable to pay
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| Injunction | A court order prohibiting a person from doing something or requiring a person to do something
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| Judgment | The final decision of a court
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| Judicial precedent | A previous, binding decisions of a court
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| Jurat | A memorandum at the end of an affidavit which shows details of how the affidavit was sworn ie before whom, when and where
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| Mult Track | The normal track for any claim for which the other tracks are not the normal track
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| 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.
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| Quantum | A quantity or amount (usually money)
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| Repudiate | Deny liability
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| Seal | A seal is mark, which the court puts on a document to indicate that the document has been issued by the court.
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| Service | Steps required by rules of court to bring documents used in court proceedings to a person's attention
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| 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.
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| 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
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| Statement of case | Precise legal document stating each party's case
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| Stay | A postponement eg a halt on proceedings
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| Strike out | Where the court orders written material to be deleted so that it can no longer be relied upon
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| Sub judice | Matters which are under trail may not be publicly discussed
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| Third party | A person other than the principles in any prceedings
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| Tort | A wrongful act which a person has a right to have remedied
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| 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
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| Witness | A person who, having sworn to tell the truth, makes a statement of facts which he knows to be true, in court
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