Where to find legal definitions

Redirect Examination — Questioning of a witness by a party after the witness has been subjected to cross-examination by opposing parties. Referee — A person to whom a pending case is referred by the court in order for that person to take testimony and report to the court.

Register or Registrar — A court officer whose duty it is to keep official public records, such as the register of wills or recorder of deeds. Remand — To send a case back to a lower court for further action.

Removal — Usually refers to an order by a court directing the transfer of a case to another court. Replevin — A lawsuit filed to obtain possession of personal property wrongfully held by someone else. Reply — Generally, a pleading by a plaintiff in response to a pleading by a defendant.

Res Ipsa Loquitur — The thing speaks for itself. The doctrine imposes negligence upon a defendant without the plaintiff actually proving negligence. Res Judicata — A rule of law which states that once a final judgment has been rendered by a court, the matter can not be re-litigated between the parties.

Rescission — The act of withdrawing, nullifying, voiding, or canceling a contract. Respondeat Superior — Let the master answer. A doctrine which means that an employer or principal is responsible for the acts and omissions of its employees or agents for acts or omissions occurring within the scope of their duties as employees or agents. Respondent — The party who answers a petition or an appeal, such as an appellee. Restraining Order — Issued by a court as a temporary measure to keep someone from acting until the court has determined whether to issue an injunction against the act.

Retain — The act of a client to employ legal counsel. Reversible Error — See Prejudicial Error. Robbery — The taking of property from another by force or with the threat of force. Rule of Court — An order made by a court establishing the general rules of practice before the court. Rules of Evidence — Rules, statutes, and case decisions that govern what evidence can be admitted in hearings and trials. Satisfaction — To pay a debt in its entirety. Search Warrant — A written order issued by a court that directs an officer to search a specific location for evidence of criminal activity.

Sentence — Following a verdict of guilty, or a plea of guilty, guilty but mentally ill, or nolo contendere, a sentence is the judgment in a criminal action in which a court imposes its punishment as a fine, probation, imprisonment, or a combination thereof.

Servant — An employee or one who acts for the benefit of another. Service of Process — Official notification authorized by a rule of court that a person has been named as a party to a lawsuit or has been accused of some offense.

Process consists of a summons, citation, or warrant to which a copy of a complaint or pleading may be attached. Sentencing Guidelines — Guidelines promulgated by the U.

Sentencing Commission on Sentencing that provide for recommended ranges of minimum sentences to which a criminal defendant may be sentenced. Settlement — An agreement reached between disputing parties. Sheriff — The elected county official whose principal duties include aiding the criminal and civil courts, such as keeping order in a courtroom, protecting participants in civil and criminal cases, service of process, executing judgments, and holding judicial sales.

Silent Partner — An investor who does not manage a company but shares in profits and losses. Sine Qua Non — An indispensable requisite or condition.

Sovereign Immunity — The doctrine that a government or governmental agency can not be sued without the consent of the Legislature. Specific Intent — The formulation of intent necessary to make an act criminal. Specific Performance — In equity, a court order compelling a party to do a specific act. Where damages would be inadequate compensation for a breach of contract, a contractor may be compelled to perform the act that was agreed upon.

Spin-off — Subsidiary of a corporation organized by a parent corporation. Standard of Proof — Degree of proof required in a specific kind of case. In criminal law, it is proof beyond a reasonable doubt, and in the majority of civil cases it is proof by the preponderance of the evidence. Stare Decisis — Refers to general policy of the courts not to overturn precedents established through litigation.

Statute — An act of a legislature, which constitutes a law. Statute of Limitations — The time limit within which an action must be brought after its cause arises. Statutes vary in length depending on the type of case. The unexcused failure to commence an action within that time bars it forever. Statutes of limitations apply to civil and criminal cases. Stay — A court order that temporarily suspends a case or the implementation of a court order.

Stipulation — An agreement by opposing attorneys with respect to any matter involved in a proceeding. Strict Liability — Doctrine that holds defendants liable for harm caused by their actions regardless of their intentions or lack of negligence or fault. Often applied to manufacturers or sellers of defective products.

Subject Matter Jurisdiction — The authority of a court to hear cases involving particular issues. Subpoena — A court-authorized document compelling witnesses to appear to give testimony or to produce certain documents, or both. A subpoena duces tecum compels production of certain specific documents and other items by a witness when responding to a subpoena.

Substantive Law — Law dealing with rights, duties, and liabilities between individuals or entities, as opposed to procedural law. Summons — A writ directing a sheriff or other officer to notify a named person that an action has been instituted against him in court.

A summons may require a person to appear on a specific date to answer a complaint. Sunset Law — Statute requiring administrative entities periodically to justify their continued existence to a legislature.

Sunshine Law — Requires governmental bodies to hold open meetings. Supersedeas — Stay of proceedings. Tangible Personal Property — Items of property that, generally speaking, are movable and not affixed or connected to land or buildings. Tenancy — The possessing of lands, buildings, or personal property by right or title.

Tenancy by the Entirety — Joint ownership of real estate by husband and wife, whereby upon the death of either, the other takes title to the whole property. Tenant — A possessor of real estate under a lease or other agreement with someone who has a superior claim of title to the real estate. Tenant in Common — Multiple owners of real or personal property, whereby each owner owns a specific percent of the property.

Testamentary — Of or pertaining to a will. Testate — Description of an estate where a decedent has left a valid will. Testator or Testatrix — The person who makes a will or leaves a will at death. Testimony — Oral evidence given by a witness under oath, either orally or in the written form of an affidavit or deposition. Theft — The unlawful taking of personal property belonging to another. Tipstaff — Court-appointed officer who serves the court in various ways while it is in session.

Tort — In civil law, an injury or wrong committed against the person or property of another, with the exception of breach of contract. Trade Name — Name that distinguishes a business from its competitors. Trade Secret — Something that gives a company a competitive advantage, such as technical information, that is kept confidential in the company.

Transcript — The official record of a trial, hearing, deposition, or other legal proceeding. Trial Court — A court that conducts hearings and trials by accepting testimony and other evidence to reach a verdict or decision, as opposed to an appellate court where appeals of decisions made in trial courts are heard.

Trial De Novo — A new trial or retrial in which a case is heard as if no trial had previously taken place. In a trial de novo, no weight is placed on the findings or outcome in the previous case. Undue Influence — The abuse of a confidential relationship by one party who exercises overbearing control over another person when convincing that person to do an act or to enter into a transaction.

It usually is to the financial benefit of the individual exercising the control. Uniform Commercial Code U.

It has been adopted in whole or substantial part by all U. Usury — The act or practice of charging a borrower more than the maximum legal interest rate on a loan. Vacate — Set an order or decision aside or render it void. Variance — Authorized departure from some regulation or ordinance. For example, authorization to use property. Special thanks to the Allegheny Bar Association and attorney Jennifer Poller for compiling these legal definitions. Skip to main content.

B Bail verb — To procure release on one charged with an offense. Brief — A written document. C Caption — The heading of a pleading, motion, deposition, or other legal document which shows the name of the court, the names of the parties, docket or file number, title of the action, as well as other pertinent information.

D Damages — Monetary compensation or indemnity recovered in the courts by any person who has suffered an injury or loss caused by an unlawful act, omission, or negligence of another person. I Impanel — The act of the clerk of the court in making up a list of the jurors who have been selected for a trial after voir dire has concluded and both sides have used their peremptory challenges and challenges for cause.

J Joint and Several Liability — Doctrine that permits a group of defendants to be held both individually and collectively liable for all damages suffered by the plaintiff, meaning that a plaintiff can recover the entire amount of damages from one defendant, even if all of the defendants are liable. K Kiting — The wrongful practice of writing checks against a bank account where funds are insufficient to cover them in the hope that before they are presented, necessary funds will be deposited.

L Landlord — The owner, or lessor, of real property who, for payment of rent, allows possession and use of such property by someone else the lessee. M Malfeasance — Intentionally committing an unlawful act. N Negligence — An act or the omission to do something which a reasonable and prudent person would, or would not, do under similar circumstances.

P Panel — The whole body of persons summoned as jurors for a term of court or those selected to hear a particular case. Praecipe — A legal document filed by a party in a civil or criminal case that is addressed to the clerk of the court, which directs that Prejudicial Error — An error that requires an appellate court to reverse the judgment of a lower court because the error may have had a substantial effect on the outcome of the trial in the lower court.

Q Quash — To vacate an appeal, an indictment, summons, or subpoena. R Real Estate — Property consisting of land, buildings, and anything permanently affixed to the land and buildings, such as fences or light fixtures.

S Satisfaction — To pay a debt in its entirety. T Tangible Personal Property — Items of property that, generally speaking, are movable and not affixed or connected to land or buildings. U Undue Influence — The abuse of a confidential relationship by one party who exercises overbearing control over another person when convincing that person to do an act or to enter into a transaction.

An order issued by Revenue NSW after you've failed to pay your fine by the due date on your penalty reminder notice. This does not include day-to-day decisions, for example, decisions about what a child wears or eats. A reference number used by the NSW Police Force, to identify a particular incident that has been reported to them.

Verbal or written statements of witnesses, documents and other items used to support a party's case in court. A form sent to a judgment debtor to get information about the judgment debtor's income, assets and liabilities. The person appointed in a will who has the responsibility and authority to manage the estate of the deceased person.

A decision of the court made without notice to the other party, or without the other party being present. A service provided by an independent third party who hears and attempts to settle disputes without having to go to court. Also called EDR. For example, the Financial Ombudsman Service provides EDR for complaints made by a consumer about their bank or insurance company.

An apprehended domestic violence order made by a court in New Zealand or an apprehended personal violence order made by a court in another state or territory of Australia, or made by a court in New Zealand. When claiming money to repair the damage to your car as a result of a car accident that was the other driver's fault, you can only recover an amount that is 'fair and reasonable'. For example, Matt and Helen had a car accident. Helen got three quotes for fixing the damage to her car.

Matt wouldn't pay to fix Helen's car so she started a court case against him. A government scheme that may pay employees certain unpaid entitlements if their employer went bankrupt or into liquidation on or after 5 December The Fair Work Commission the 'Commission' is the national employment tribunal.

A tribunal is similar to a court. The Commission makes awards which set out minimum pay and conditions for employees in Australia. The Commission also resolves disputes between employers and employees through conciliation, mediation and arbitration. An independent agency that investigates whether national workplace laws and awards are being complied with.

This is also known as the Airport Watch List. Services funded by the Federal Government to provide information, advice and dispute resolution such as mediation to help separated couples reach agreement on parenting arrangements without going to court.

An order made by a court in any state or territory to protect a person from family violence. When someone does something or fails to do something, which makes them responsible for an accident. For example, Max drove through a roundabout, failing to keep a proper lookout, and hit the car driven by Gayle who had already entered the roundabout. Max is 'at fault' for the accident as Gayle had right of way. The Constitution says that the federal parliament has power to invest a court of a state with federal jurisdiction.

Diversity jurisdiction involves a dispute between residents of different states. A formal written notice to a neighbour that proposes building, fixing or repairing a fence and asks for a contribution towards the cost of this fencing work.

The notice should set out where the fence will go, what type of fence will be built and the estimated costs of the fencing work. Any work that takes place as part of designing, building, fixing or replacing a dividing fence. This includes surveying and preparing the land along the common boundary. Taking or sending documents to the court registry.

The registry staff will stamp the document and put it on the court file. It is a type of family violence. A free service that independently resolves financial services including insurance disputes between consumers and member financial services providers.

Also known as FOS. A decision made by a court about a matter in dispute between the parties after considering the evidence. For example, in a case about damage to a car in an accident, the court will make a finding about who caused the accident.

It includes:. A process where the offender, the victim, police and other affected people meet to discuss the crime, what happened, how people were affected by the crime, and prepare an 'intervention plan' for the offender. The offender completes the intervention plan as part of their sentence. An application that is started with no reasonable prospect of success. A frivolous application is an application that is not serious.

A vexatious application may be an application that was started to annoy or embarrass the other party. A second reminder sent to you, telling you your fine is outstanding. If you receive a Further Penalty Reminder Notice it is too late to elect to go to court.

A court order which tells a third party, such as an employer or a bank, that they must pay money belonging to a judgment debtor to a judgment creditor. A government scheme that may pay employees certain unpaid entitlements if their employer went bankrupt or into liquidation before 5 December When an employer dismisses an employee for using or trying to use their rights at work, such as, the right to take leave and get paid or the right to belong to a union. A court order that requires an offender to be of good behaviour for a specific period of time.

If the offender commits any further criminal offences they will be in breach of the bond and may be re-sentenced for the original offence. Items or property that you can own and take with you; for example, cars, jewellery, pets and furniture. It does not include land or fixtures, such as a house or fence.

When a person admits they have committed a criminal offence or the court decides that the person has committed a criminal offence. A person who has received convictions for serious traffic offences three or more times in the past five years. If a court declares that you are a Habitual Traffic Offender, you will also be disqualified from driving for a period of time.

If you have been declared a Habitual Traffic Offender and you would like to get the decision cancelled quashed , you should get legal advice. The time when the parties present their evidence to the court and make submissions on the law that applies to the case.

After the hearing the court makes a decision in the case. Something that was not personally seen or heard by the person giving evidence but told to them by another person. For example, Jane told Sarah that she heard Fred arguing with Sam. In this example, Sarah's evidence about the argument would be hearsay because Sarah did not see or hear the argument herself.

Under the Road Transport Vehicle Registration Act NSW , a heavy vehicle is a motor vehicle or trailer that has a gross vehicle mass greater than 4. A car that is borrowed from a person or company for a period of time in return for a fee.

Also referred to as 'car rental', 'rental car' or 'rent-a-car'. Buying goods by instalment payments. You can use the goods while you are paying for them but, until you have paid all the instalments, you aren't the owner. Sometimes there is a balloon, or lump sum, payment at the end of the contract.

The party calling them can seek leave from the court to treat them as a hostile witness. If this is granted, the party will be allowed to cross-examine the witness and put it to them that they are not being honest. Also known as an unfavourable witness. When the police or the court orders that a person's vehicle be temporarily removed from their possession. Footage of images and sounds recorded by equipment installed in some police vehicles. This is usually used by police to record the conversation they have with you after you are stopped.

A police report that gives details about an event such as a car accident if the event was reported to the police. A group of people with a common purpose who formally register their association under Commonwealth, state or territory law. The incorporated association has all the powers and rights of a person and is legally able to do things in its own name, such as own land, sign a lease, or appear in court. Incorporated associations are usually not-for-profit groups such as sporting and community organisations.

A person who works under a contract for a specific job or time. They generally don't work regularly for a particular employer, and can choose whether or not to do a particular job. Independent contractors usually have an ABN and are responsible for paying their own taxes direct to the Australian Taxation Office. For example, Neil runs a plastics company and uses several drivers to do his deliveries.

They all have their own trucks and their own ABN, and they invoice Neil's company for payment. Each week, the drivers pick what jobs, if any, they want to do. The drivers can also work for other companies. It deals mostly with matters related to state awards and agreements covering public service employment in state government and local government organisations. The cover provided to a person or company for certain losses they may suffer, in return for the payment of a premium.

When a person who has insurance asks their insurance company to pay for repairs to their damaged property or damage caused to someone else's property, under their insurance policy. The person who receives cover from an insurance company for losses they may incur as a result of an accident, subject to the terms of the insurance contract.

An insurance company that provides cover to a person for losses they may incur as a result of an accident subject to the terms of the insurance contract.

An order of imprisonment of less than two years that can be served in the community subject to certain conditions such as living at a particular address, regular alcohol or drug testing, doing community service work, and medical examinations and under strict supervision by Corrective Services. A fee paid in addition to a debt. This is usually a percentage of the debt.

For money claims in court, the amount of interest payable is set out in Schedule 5 of the Uniform Civil Procedure Rules. A court order for one party to pay some of the other party's legal costs during the case rather than at the end. Any company or body that holds an Australian Financial Services licence is required to provide a department or officer who will try and resolve customer problems within the company or body.

For example, if you don't agree with an insurer's decision, you can make a complaint to the department or officer that is in charge. Also called IDR. When a person dies without having made a valid will, there are rules that set out who will inherit the deceased person's estate. These are called 'intestacy rules'. From 27 March , intimidation can also include conduct that causes someone to fear that an animal belonging to them, or an animal in their possession, will be harmed.

Where a person owns property with another person in undivided shares. If one of the tenants dies, their share goes to the surviving tenant. The amount of money a court orders a defendant to pay a successful plaintiff. It can include all or part of the original amount claimed, plus court fees and interest up to the date of judgment. The authority of a court to decide matters brought before it.

The authority may be limited by the place where the dispute arose or an offence was committed, the kind of dispute, the amount of money in dispute or the seriousness of an offence.

A person who is authorised under the Justices of the Peace Act NSW to witness the signing of documents, such as affidavits and statutory declarations, and to certify documents. When a defendant or judgment debtor stays in their home or business and won't answer the door or gate to be served with court documents. The NSW state government provider of land and property services in New South Wales, including land title registration, property information, valuation, surveying and mapping. Also referred to as the LPI.

A person who has studied law and has been approved to work as a lawyer by the Supreme Court of that state. They must also hold a current practising certificate and have insurance, if they do legal work.

A licence issued to a person who is at least 16 years of age allowing them to drive a car on a road or road related area for the purpose of learning to drive. They must be accompanied by a full licence holder.

In some cases you need to ask the court for permission to do something. This is called 'seeking the leave of the court'. The money a person spends running a court case.

If the person has a lawyer, the costs will include the lawyer's fees. A letter sent to a person, business or organisation that owes money asking them to repay the money.

Documents issued under intestacy to appoint a particular person or persons to administer a deceased person's estate. The legal right to keep someone's property as security for the payment of a debt, for example, a mechanic may keep a car until they are paid for the repairs to the car. Selling everything a company owns to pay off the company's debts. Any left-over assets are distributed among the members of the company.

This process will finalise a company's affairs. A lower court in NSW, which has the jurisdiction to hear less serious criminal and civil matters. There are two divisions of the Local Court for civil claims:. Extra leave an employee may become entitled to for working a set period of time for one employer. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Back to Top. It looks like your browser does not have JavaScript enabled.

Please turn on JavaScript and try again. LawAccess NSW. Need legal help? Home My legal problem is about Representing Yourself Currently selected Legal skills Negotiation Coming to an agreement Preparing to negotiate Tips for negotiating Ways to negotiate Why try negotiation? Mediation How to arrange mediation Preparing for mediation Preparing for mediation - Worksheet What happens at mediation?

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Legal Dictionary. Multilingual Legal Glossary. A glossary of terms that may be encountered when dealing in real estate. Funded by. Learn More About This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information.

It contains over 4, entries that clearly define the major terms, concepts, processes, and the organization of the English legal system. Entries have been fully updated for this new edition to reflect the very latest legislation, including the substantial new Companies Act that affects company law, and the Constitutional Reform Act that affects the positions of the Lord Chancellor, Lord Chief Justice, and the Law Lords.

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