This is not a law dictionary, but it does explain the meaning of many legal words used in the Law Handbook. Where a word or phrase is followed by q.v. that word or phrase is defined elsewhere in the glossary.

abate To reduce something. For example, to abate a nuisance (such as noise) is to remove or reduce the nuisance. See NEIGHBOURS.

abrogate To repeal, cancel or annul.

access order An order made by the Family Court which enables a non-residential parent to see the child at specified or mutually agreed times. Now called a contact order (q.v.).

acquit To find an accused person not guilty at a trial.

adjourn To suspend a court hearing to a future specified day or indefinitely.

administrator A person appointed by the court to deal with the estate of a person dying intestate (q.v.)(without a will) or with a will but without executor (q.v.). (Administratrix - female).

affidavit A written statement sworn on oath (q.v.) or affirmed (q.v.) before a person with authority to administer it, such as a Justice of the Peace. The person who swears the affidavit is called the deponent (q.v.). Affidavits must contain only facts which the deponent can prove. Generally, affidavits are required in court proceedings in place of statutory declaration (q.v.).

affiliation order A court order which requires the person held to be the father of a child to pay maintenance to the mother for the support of the child.

affirmation A spoken statement that something is true, which may be made in place of an oath (q.v.).

agent A person who acts on behalf of another, called the principal. The principal may authorise the agent to enter into a contract and the agent acquires rights or incurs obligations on the principal's behalf. An agent's act, done within the scope of his or her authority, binds the principal.

aggravated offence An aggravated offence occurs where the circumstances surrounding the commission of the crime make it more serious. As a reflection of the greater seriousness of the offence, higher penalties willbe applied than for the same offence without such circumstances. An aggravating circumstance might be where the offender possessed a weapon at the time of the offence or had a particular intention in carrying out the offence (for example, as retaliation for testifying in legal proceedings or to intimidate a witness from testifying). It may also relate to a characteristic of the victim, for example, their age or particular vulnerability.

ancillary relief In family law, these orders relate to residence, maintenance, contact and the property of the parties as opposed to the actual divorce, which is called principal relief (q.v.).See FAMILY RELATIONSHIPS.

annuity A sum of money payable yearly.

annul To declare void (q.v.) in law. For example, when a marriage is annulled, the court says that it never was a marriage in law.

appeal To take a case to a higher court in order to challenge a decision. The person who appeals is the appellant.

arrest To apprehend or take into custody a person suspected of having committed a crime. See ARREST, YOUR RIGHTS AND BAIL.

attestation clause A witnessing clause, for example, in a will. The attestation clause states that the witnesses saw the testator (q.v.) sign and that they signed in the presence of the testator and each other. See WILLS, ESTATES AND FUNERALS.

award To give or grant formally, for example, in industrial arbitration proceedings, an award sets out the minimum standards and conditions in a particular industry or for a class of employees.

bail An accused person is given bail to allow him or her to go free whilst awaiting a court hearing. Sometimes money must be paid as a security, or the accused may simply promise (known as entering into a recognisance (q.v.)) to appear in court. Failure to appear is an offence. See See ARREST, YOUR RIGHTS AND BAIL.

bailiff A court appointed officer employed to do such things as serve documents and carry out court orders.

bailment A delivery of goods from one person (the bailor) to another, (the bailee) usually for a specific purpose. For example, delivering clothes to a dry-cleaner creates a bailment. A contract may be implied from the behaviour of the parties.

bankruptcy A procedure under which most of a debtor's (q.v.) property is taken over and distributed amongst his or her creditor. (q.v.) See BANKRUPTCY.

beneficiary A person who is left something in a will; a person for whose benefit property is held by trustees or executors.(q.v.)

bequeath To make a gift of personal property in a will.

bill of exchange A negotiable instrument (q.v.) in which the drawer orders the drawee to pay a sum of money on a specified date to either the drawer or a third person (the payee).

bill of sale A transfer of ownership of goods, usually as security for a loan. Possession remains unchanged.

bona fide In good faith, honestly.

bond An agreement to be of good behaviour or a deed (q.v.) under seal in which a person promises to do or to refrain from doing certain things. Sometimes referred to as a recognisance (q.v.). For a description of bonds in a landlord and tenant situation see PRIVATE RENTAL ACCOMMODATION.

burden of proof In criminal cases, the prosecution bears the burden of proof 'beyond reasonable doubt'. In civil cases, it is the plaintiff who must prove the case 'on the balance of probabilities'. See also onus of proof (q.v.).

caveat A notice given to an appropriate officer ordering him or her not to take a certain step until the person giving the notice (the caveator) has been given an opportunity to object (for example, to a transfer of land).

caveat emptor 'Let the buyer beware'. At common law (q.v.) where a buyer of goods has no warranty for them, he or she takes the risk of their quality and has no remedy against the seller unless there is fraud. Legislation such as the Fair Trading Act 1987 and the Trade Practices Act 1974 (Cth) has greatly enhanced the extent to which a buyer can get a remedy. See CONSUMERS.

certificate of title A document prepared by the Lands Titles Office which shows details of land registered under the Torrens system, particulars of the location, encumbrance (q.v.) and owners.

charge A form of security for the payment of a debt or the performance of an obligation. In criminal law, the allegation that a person has committed an offence.

chattel Any property that is not freehold land or real estate. The property may be a leasehold (then called a chattel real) or a movable article of property (chattel personal).

civil law Law which is not criminal, ie law between individuals. It may also refer to law based on the Roman system as used in most of Europe. Throughout this book civil law means non-criminal law.

codicil A document signed by a will-maker which alters or adds to the original will. See WILLS, ESTATES AND FUNERALS.

collateral contract A separate contract which precedes or exists alongside the main one

commissioner for taking affidavits A person, usually a solicitor, who is authorised to take affidavits, oaths, affirmations or declarations which can be used in court proceedings.

committal proceedings Where a magistrate in a court of summary jurisdiction hears evidence on an indictable charge (q.v.) and decides whether the accused should be sent for trial. See CRIMINAL & TRAFFIC OFFENCES.

common law The body of law evolved through the practice of English courts. Law made by judges as distinct from law laid down by statute (q.v.).See THE LEGAL SYSTEM.

complainant A person who begins a prosecution against another in a court (a plaintiff (q.v.)), eg the victim in an alleged sexual assault.

complaint The way to initiate a prosecution for a summary offence (q.v.).

condition An important term in a contract, the remedy for breach of which is rescission (q.v.) of the contract. See also warranty (q.v.). See CONSUMERS.

consideration In a contract, the price paid for the promise of the other party.See CONSUMERS.

contempt of court The failure to obey a court order or an act which shows a disregard for the authority of the court. A person in contempt may face imprisonment.

contract A legally enforceable agreement.

contributory negligence A defence in an action for damages for injuries arising from the defendant's negligence (q.v.). The defendant attempts to prove that the plaintiff's own negligence caused or contributed to the injuries suffered. See ACCIDENTS AND INJURIES.

corroboration Independent evidence which supports the main evidence.

counterclaim A claim made by a defendant against the plaintiff asserting an independent cause of action. For example, A sue B, claiming $20 for an unpaid dry cleaning account but B counterclaims $90 for alleged damage to the jacket when cleaned. See DEBT.

covenant An agreement creating an obligation contained in a deed (q.v.). A covenant may serve the same purpose as a bond (q.v.).

creditor A person to whom a debt is owing. See debtor (q.v.). A creditor is a person who gives credit.

damages The amount ordered by a judge to be paid by one party to another in a civil case.

debtor A person who owes a sum of money (a debt) to another.

decree absolute The final order in divorce proceedings. See FAMILY RELATIONSHIPS.

decree nisi A provisional order made by the Family Court which terminates the marriage. However, neither party can remarry until the decree becomes absolute (see entry above) which is usually one month after the decree nisi is pronounced.

deed A written document which is signed, sealed and delivered. When made by only one person it is called a deed poll.

deemed To be treated as.

de facto In reality. For example, a de facto spouse is one in reality but not in law. See FAMILY RELATIONSHIPS.

defamation The publication of a false and derogatory statement without a lawful excuse. See DEFAMATION.

default To fail in some duty.

defendant Person against whom legal action is being taken.

deponent The person who swears on affidavit (q.v.).

devise A gift of real estate in a will.

disbursement Money paid out on behalf of another. In solicitor's bills, it is for such things as filing a form or photocopying.

discharge To perform or be released from an obligation. A debt is discharged when it is paid.

disclaimer clause A clause which ren­ounces a legal claim. An executor may disclaim his or her position before probate (q.v.).

discovery A procedure by which documents relevant to a civil (q.v.) action are exchanged between the parties before the case comes on for hearing.

dissolution of marriage Divorce.

domicile The place where a person has his or her legal home - therefore the laws that apply to that place apply to that person.

double jeopardy The situation in which a person may not be punished twice for the same offence.

ejectment An action for the recovery of land.

encumbrance A charge (q.v.) or liability, for example, a mortgage (q.v.).

endorse To write on the back of a document.

equity Fairness. A system of legal rules developed by the Lord Chancellor and Courts of Chancery in England to modify the harshness of the common law (q.v.). Also the extent of a person's interest in property.

eviction The action of recovering land or property by legal proceedings.

exclusion clause A clause in a contract which attempts to exclude or avoid liability (q.v.).

executor The person whose duty it is to carry out the provisions of a will (Executrix - female).

ex gratia A matter of favour. An act done when there is no obligation.

exhibit A document or thing tendered as evidence in a court hearing or referred to in an affidavit (q.v.).

ex nuptial Out of marriage.

ex parte An application to the court made by one party to the proceedings without the other party being present. It may also be made by an interested person who is not a party.

extradition The delivery, by the authorities of a country (or state) to the authorities in that country or state of a person accused of a crime.

false imprisonment Detaining someone in custody without lawful excuse.

felony A category of serious crime. Has been replaced by thecategory f major indictable offence (q.v.). See CRIMINAL & TRAFFIC OFFENCES.

foreclosure The forced sale of a property to pay a mortgage (q.v.) or debt.

garnishment Proceedings that require someone who owes money to a debtor, (q.v.) for example, his or her employer or bank, to pay that money to a creditor (called a garnishee order). See DEBT.

guarantee To undertake (q.v.) to carry out a contract or some other legal act. The person giving the undertaking is called the guarantor.

guardian A person who has the right and duty to protect another person, their property and their rights. In family law not necessarily the person with residence (q.v.).

habeas corpus 'To have the body'. A prerogative writ (q.v.) directed to a person who holds someone in custody commanding him or her to produce that person before a court.

hearsay evidence Evidence of a fact not personally seen or heard by a witness, but proved by him or her to have been said by another. Hearsay evidence is normally not admissible in court proceedings, but there are exceptions to this rule.

indemnity To reimburse someone for a loss which he or she has suffered as a result of an act or default (q.v.) of another.

indictable offence A serious crime for which a person may be tried by a judge and jury. See CRIMINAL & TRAFFIC OFFENCES.

information The way to initiate a prosecution for an indictable offence (q.v.).

injunction A court order which either directs someone to do something or to refrain from doing a particular thing. An injunction may be interim(temporary, until a further order) or permanent.

insolvent Unable to pay debts in full.

interrogatories Written questions put by one party in a civil (q.v.) action to another on relevant points of the dispute prior to the court hearing.

intestate One who dies without leaving a valid will. In such a case the deceased's property is distributed according to the laws of intestacy. See WILLS, ESTATES AND FUNERALS.

invalid Not valid (q.v.).

joint tenants People who own land together in undivided shares. On the death of one owner his or her interest automatically passes to the surviving owner(s). The interest cannot be disposed of by will or deed as with tenants in common (q.v.).

judgment in default Where the plaintiff is able to obtain judgment in the absence of an appearance or a defence by a defendant (q.v.).

jurisdiction The authority of a court to decide matters brought before it. Also the geographical limits within which a court order can be enforced.

justice of the peace Person able to witness legal documents. Although a notary public is required to witness documents for use by foreign courts or authorities, a justice of the peace is able to authorise documents for Commonwealth Nations. For a full listing of these countries see www.justice.sa.gov.au/justices_info.htm#countries

lease Agreement or contract between two parties, for example, a landlord and a tenant.

leasehold An interest in land for a fixed period.

legacy A specific gift left to a person rather than a share in the residue of the estate.

legatee A person to whom a gift is bequeathed (q.v.).

letters of administration Where a person dies without a will, or without an executor named, the court can grant Letters of Administration that authorise someone to administer the deceased person's estate similarly to an executor (q.v.).

liability Being legally bound or under obligation to do something.

libel The publication of defamatory material in permanent (for example, printed) form. See DEFAMATION.

lien The right to hold a person's property as security (q.v.) for the performance of an obligation (for example, the payment of money owing).

liquidated amount A set amount of money as opposed to an as yet unquantified amount, for example, for damages (q.v.). See DEBT.

locus standi Place of standing; the right to be heard in a court.

mens rea A guilty mind; doing something with intention or knowledge that the act is wrong.

misdemeanour A minor offence. The term is no longer used and has been replaced by summary offence (q.v.) or minor indictable offence (q.v.).

mortgage A transfer of real property (land) or personal property (goods) as security for the repayment of money borrowed. The creditor to whom the mortgage is made is called the mortgagee; the debtor who makes it is the mortgagor.

natural justice The rules and procedures to be followed by a person or body with the power to settle disputes. See COMPLAINTS AGAINST GOVERNMENT.

negligence Failure to take reasonable care to avoid foreseeable harm to other people or their property.

negotiable instrument A signed document by means of which money may be transferred from one person to another or through several hands, for example, a cheque or bill of exchange (q.v.). See CONSUMERS.

nominal damages Damages (q.v.) of a small amount ordered where a right has been affected but no damage done.

non est factum It is not his or her deed. A defence raised where a person has completed a deed in ignorance of its character.

notary public A person, usually a solicitor, who prepares, authenticates and witnesses international documents, in particular for use in non-Commonwealth countries. They perform similar functions to a Justice of the Peace but are recognised by foreign courts and authorities and can charge for their services.

nuisance An indirect and unlawful interference with an occupier's use or enjoyment of land by such things as water, smoke, noise.

oath A solemn spoken undertaking or promise to tell the truth, usually sworn on a bible or religious text. Where a person requests they can make an affirmation (q.v.) in lieu of an oath. An affirmation is a solemn undertaking given without swearing on a religious text.

offence A breach of the criminal law - an illegal act.

ombudsman A public official appointed to investigate citizens complaints against the administrative act of Government agencies.

onus of proof The obligation to prove what is alleged. Also known as the burden of proof (q.v.).

parenting order any order relating to issues concerning the welfare and well-being of a child, including who the child lives with and spends time with. Parenting orders can also deal with major long term issues such as education, religious upbringing and medical treatment.

parole The probationary release of a prisoner before his or her sentence has finished.

perjury Lying under oath (q.v.) when questioned about a material matter in a court proceeding. A person found guilty of perjury may face imprisonment.

plaintiff Person who initiates legal proceedings against another in a civil dispute.

power of attorney A formal written legal document by which one person gives another power to represent or act in his or her place for certain purposes.

precedent A judicial decision on a point of law which is binding on all courts lower in the hierarchy. See THE LEGAL SYSTEM.

preliminary examination See committal proceedings (q.v.).

prerogative writ A writ (q.v.) issued by a superior court (for example, the Supreme Court) to prevent inferior courts and officials from exceeding their powers or to make them carry out their functions.

prima facie On the face of it. Prima facie evidence is that which will prove a fact or allegation if no other evidence is produced to the contrary.

principal relief In a divorce action, the dissolution (q.v.) itself rather than the ancillary relief (q.v.).

privity of contract A principle that restricts contractual rights and obligations to the immediate parties to a contract.

probate The proving of a will; the acceptance by the Probate Division of the Supreme Court of that the deceased's will is valid (q.v.) and the last will in existence. A grant of probate is a court order registering a will and confirming the right of the executor (q.v.) to deal with the estate.

process Type of court document, such as a statement of claim or a summons (q.v.).

public place A place to which the public has free entry with the consent (whether stated or implied) of the owner or occupier or where the public is admitted on payment of an entry fee. A road (q.v.), footpath or thoroughfare is also a public place whether on private property or not.

putative spouse A person legally recognised as having the same rights as a legally married spouse.

recognizance A bond (q.v.) to secure the performance of an act by the person bound by it, for example, to be of good behaviour.

release A document saying that money is accepted in full settlement.

rescission Cancellation (of a contract).

road A street or thoroughfare, including any footpath, dividing strip, car park and any place that the public has access to.

security An interest in property, temporarily given by way of guarantee (q.v.) that an undertaking will be fulfilled or a debt repaid.

slander The publication of defamatory material in non-permanent (for example oral ) form. See DEFAMATION.

standard of proof See burden on proof.

statutory declaration A written statement of facts which is signed and solemnly declared to be true before a person with authority to witness such documents. For example a justice of the peace or a lawyer. The format to be used is specified in Section 25 of the Oaths Act 1936.

statute A law made by Parliament (State or Commonwealth). See THE LEGAL SYSTEM.

street offence An offence committed in a public place (q.v.). Many actions which would be criminal if done in public would not be criminal at all if done in private. See CRIMINAL & TRAFFIC OFFENCES.

strict liability Liability (q.v.) incurred regardless of intention.

subpoena A writ (q.v.) which commands the appearance of a person in court or the production of specified documents.

sue To take legal action in a civil matter.

summary offence A minor offence heard and decided in a Magistrates Court and not sent for trial before a judge and jury.

summons An order to appear at court.

surety A person who binds him or herself to be answerable for another. If there is default the surety will be called in (or must be paid).

tenants in common One or more people entitled to occupy, or own land in common with others. Whereby each owns a separate and divisible part of a whole. Each person may leave his or her share to someone else in a will.

testamentary capacity The ability to draw up a will, the mental capacity to know what is being done.

testator A person who has made a will. (testatrix - female).

tort A civil (q.v.) wrong, other than a breach of contract, which causes harm intentionally or otherwise for which the injured person may claim damages (compensation). For example, negligence (q.v.).

trespass A tort (q.v.) involving the direct and unlawful interference to or on land or other property.

ultra vires Beyond the power. An act which is in excess of the authority conferred by law and is therefore invalid.

undertake To promise to do or refrain from doing an act. An undertaking made in the course of legal proceedings is enforceable.

unliquidated Undetermined, unascertained, for example, when damages (q.v.) are left to a jury to determine.

valid Sound and sufficient; legally acceptable; executed with the proper formalities.

void Of no legal effect.

voirdire An examination of witnesses by the judge in order to determine the admissibility of certain evidence, for example, the qualifications of an expert or the admissibility of a confession in a criminal case.

waive To give up a legal right or claim.

warrant In criminal law, a legal document that gives authority to a police officer to take the action set out in the warrant.

warranty A minor clause in a contract, if the clause is breached, damages (q.v.) can be claimed. See condition (q.v.).

will A document in which a person describes how he or she wishes their estate to be distributed upon their death. See WILLS, ESTATES AND FUNERALS.

writ A written order issued in connection with a court proceeding.