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BARKER EVANS

Glossary of Terms

Acquittal

A legal judgement that a defendant is not guilty of the crime they were charged with. An acquittal ends the case, and the person is released from criminal liability.

Admissible Evidence

Evidence that is accepted by a court to help decide a case. It must be relevant, reliable, and not excluded by law.

Adoption

The legal process by which a person becomes the legal parent of a child who is not biologically theirs, giving them full parental rights.

Affidavit

A written statement confirmed by oath or affirmation, used as evidence in court. It must be signed and sworn in the presence of an authorised official.

Alternative Dispute Resolution (ADR)

 A process to resolve disputes outside of court, including mediation and arbitration. ADR is often faster and less formal than litigation.

Appeal

A request to a higher court to review and change the outcome of a lower court’s decision. It can be based on legal errors or misinterpretations in the initial case.

Arbitration

A private dispute resolution process where a neutral third party, called an arbitrator, makes a decision. The decision is typically binding and enforceable like a court judgement.

Bail

The temporary release of an accused person awaiting trial, sometimes requiring a sum of money or surety. Bail ensures the defendant returns to court for their hearing.

Binding Financial Agreement

A legal document setting out the financial arrangements between parties, typically in family law. It can prevent future financial disputes upon separation or divorce.

Breach of Contract

A failure to fulfil the obligations of a contract. Legal action may be taken to enforce the terms or seek compensation for damages.

Caveat

A notice lodged with the land registry preventing certain actions from being taken regarding the property without the lodger’s consent. It protects the interests of the person lodging it.

Child Spend Time With

Refers to the legal rights and responsibilities a parent has regarding their child, including decisions about where the child lives and visitation schedules.

Child Protection

Legal measures taken to safeguard children from abuse or neglect, often involving government intervention and court proceedings.

Child Support

Financial contributions made by one parent to the other to cover the costs of raising their children post-separation.

Civil Law

A branch of law that deals with disputes between individuals or organisations. It covers matters such as contracts, property, and family law.

Committal Hearing

A preliminary hearing to determine if there is enough evidence for a criminal case to go to trial. It helps ensure that weak cases do not proceed to higher courts.

Consent Orders

Court-approved agreements between parties that resolve disputes, making them enforceable in the same way as a court order.

Collaborative Law

A legal process where parties and their lawyers agree to resolve disputes through negotiation without resorting to court litigation.

Conveyancing

The legal process of transferring property ownership from one party to another. It involves preparing documents, conducting searches, and ensuring all legal requirements are met.

Conviction

A formal decision by a judge or jury that the defendant is guilty of the crime charged. This leads to sentencing, which can include imprisonment, fines, or probation.

Cross-Examination

The questioning of a witness by the opposing party in a trial. It is used to challenge the witness’s testimony or credibility.

Damages

Compensation awarded by a court to a party harmed by the wrongful conduct of another. It can cover financial losses, pain, and suffering.

Decision Making Responsibility 

This is the shared authority both parents have to make major decisions about their child’s long-term welfare, including education, health, and religion.

Deed of Settlement

A legal agreement that formally resolves a dispute. It typically outlines the terms agreed upon by the parties involved.

De Facto Relationship

A relationship where two individuals live together as a couple without being married, recognised in family law for matters like property division and parental responsibility.

Defamation

A false statement made about a person or organisation that harms their reputation. Legal action can be taken to seek damages for the harm caused.

Defendant

A person or entity accused of wrongdoing in a civil or criminal case. The defendant must respond to the claims or charges brought against them.

Domestic Violence Orders (DVOs)

Legal protection orders that prevent a person from committing acts of violence or harassment against a partner or family member.

Discovery

The pre-trial process where each party obtains evidence from the other side. It helps clarify the facts and ensures transparency in the legal proceedings.

Disclosure

The legal process by which each party in a case must share all relevant evidence and documents. It ensures transparency and fairness in criminal proceedings.

Divorce

The legal dissolution of a marriage by a court or other competent body. It involves addressing issues such as asset division, child custody, and support.

Due Diligence

The process of thoroughly investigating a business or property before entering into a contract. It helps identify potential risks or liabilities.

Due Process

Legal procedures and protections that ensure fair treatment in the judicial system. It protects individuals from arbitrary government actions in criminal cases.

Duty of Care

A legal obligation to act with reasonable care to avoid causing harm to others. Breaching this duty can result in a negligence claim.

Enforcement Order

A court order compelling a person to comply with a previous judgement or legal obligation. Failure to obey an enforcement order can lead to penalties.

Equitable Distribution

The fair division of property and assets between spouses during divorce proceedings. It considers factors such as each spouse’s financial contribution and needs.

Expert Witness

A person with specialised knowledge or expertise who provides testimony in court. Their opinion can assist the court in understanding complex issues.

Family Dispute Resolution (FDR)

A mediation process where separating couples attempt to resolve parenting or financial disputes without going to court.

Forensic Evidence

Scientific data used in legal proceedings, often related to crime scene investigation, such as DNA or fingerprints. Forensic evidence helps prove guilt or innocence in criminal trials.

Forfeiture

The loss or surrender of property or money as a penalty for a crime, often related to criminal activity. This can include assets used in or gained from illegal acts, like drug trafficking.

Fiduciary Duty

A legal obligation of one party to act in the best interests of another. This duty is often seen in relationships such as trustee-beneficiary or lawyer-client.

Final Orders

The conclusive legal decisions made by a court in a case. Final orders resolve the matters in dispute and are enforceable by law.

Fraud

Intentional deception for personal or financial gain. It is a criminal offence that can result in severe penalties, including imprisonment.

Good Faith

Acting with honesty, fairness, and sincerity in a legal agreement or negotiation. It is a fundamental principle in contract law.

Guarantor

A person who agrees to take responsibility for another person’s debt or obligation if they fail to meet their commitments. Guarantors are often involved in loan agreements.

Habeas Corpus

A legal action that requires a person under arrest to be brought before a judge. It protects individuals from unlawful detention.

Hearsay

Evidence based on the reports of others rather than direct knowledge. Hearsay is generally inadmissible in court, though there are exceptions.

Indemnity

A legal promise to compensate another party for loss or damage. Indemnity clauses are common in contracts to protect against potential liabilities.

Indictment

A formal charge issued by a grand jury that there is enough evidence to go to trial for a serious crime. It is a critical step in initiating criminal prosecution.

International Family Law

Legal matters that involve multiple countries, such as child abduction under the Hague Convention or international custody disputes.

Injunction

A court order that requires a party to do or refrain from doing something. It is often used to prevent harm or maintain the status quo in a dispute.

Interim Orders

Temporary court orders issued before the final resolution of a family law case, often addressing urgent matters such as custody or financial support.

Intellectual Property

Legal rights to creations of the mind, such as inventions, literary works, and trademarks. Intellectual property law protects these rights from unauthorised use.

Interlocutory Application

A request made to a court for an order during the course of legal proceedings, rather than at the end. It addresses urgent or temporary issues that arise before the final judgement.

IVF and Surrogacy

Legal issues surrounding assisted reproduction, including the rights of biological parents, surrogates, and donors.

Joint Tenancy

A form of property ownership where two or more people share equal ownership and have the right of survivorship. If one owner dies, their share automatically passes to the surviving owners.

Jurisdiction

The authority of a court to hear and decide a case. Jurisdiction is determined by factors such as the type of case and the location of the parties.

Jury

A group of people selected to determine the facts in a legal case. In criminal cases, the jury decides whether the defendant is guilty or not guilty.

Litigation

The process of taking legal action in court to resolve a dispute. Litigation can be time-consuming and costly, but it is often necessary to enforce legal rights.

Manslaughter

The unlawful killing of a person without premeditation, considered less severe than murder. Manslaughter can be voluntary (intent to harm but not kill) or involuntary (due to reckless actions).

Mediation

A voluntary process where a neutral third party helps disputing parties reach a settlement. Mediation is a form of alternative dispute resolution that aims to avoid litigation.

Negligence

The failure to exercise reasonable care, resulting in harm or injury to another person. A successful negligence claim requires proving a duty of care was breached.

Notary Public

A public officer authorised to witness signatures, administer oaths, and certify documents. Notarisation ensures the authenticity of important legal documents.

Nuisance

An act that interferes with someone’s use or enjoyment of their property. Legal action can be taken to stop the nuisance and claim damages.

Offer

A proposal made by one party to another, indicating a willingness to enter into a contract. Once accepted, an offer becomes a binding agreement.

Parental Alienation

A situation where one parent negatively influences a child’s relationship with the other parent, potentially affecting custody and visitation decisions.

Parental Responsibility

The legal duties and powers a parent has regarding their child’s welfare, including decisions on health, education, and upbringing.

Parole

The conditional release of a prisoner before the completion of their sentence. Parolees must comply with certain conditions or risk being returned to prison.

Power of Attorney

A legal document granting one person the authority to act on behalf of another. It can cover financial, medical, or legal decisions.

Precedent

A legal principle or rule established in a previous case that is used to guide the decision of future cases. Precedents ensure consistency in the application of the law.

Probate

The legal process of validating a deceased person’s will and distributing their estate. It involves paying off debts and distributing assets to beneficiaries.

Property Settlement

The legal process of dividing assets, property, and debts between spouses or de facto partners after a separation.

Pro Bono

Legal services provided for free or at a reduced cost to individuals who cannot afford them. It is often done to serve the public interest.

Prosecution

The legal proceedings brought against someone accused of a crime. The prosecution is typically represented by the government or state.

Relocation

The legal process where one parent seeks to move to a different geographic location with a child, often requiring court approval if it impacts existing parenting orders.

Remand

The act of keeping a defendant in custody while awaiting trial. Remand can be ordered if there are concerns about the defendant fleeing or committing further offences.

Rescission

The cancellation of a contract, returning the parties to the position they were in before the contract was made. It is often used when a contract was entered into based on misrepresentation or fraud.

Respondent

The party that responds to a claim in a legal proceeding. In family law cases, the respondent is the party who must respond to the application for divorce or property settlement.

Restraining Order

A court order preventing a person from taking certain actions, typically to protect someone from harm. It is commonly used in cases of domestic violence.

Same-Sex Family Law

Legal issues specific to same-sex couples, including marriage, separation, and parenting arrangements.

Sentencing

The judicial determination of a punishment after a conviction. It can include prison time, fines, probation, or other penalties depending on the severity of the crime.

Settlement

An agreement between parties to resolve a dispute without going to trial. Settlements can be reached through negotiation, mediation, or arbitration.

Shared Care

A parenting arrangement where both parents spend significant amounts of time with their child post-separation, often near equal time

Spousal Maintenance

Ongoing financial support paid by one spouse to the other following separation or divorce to assist with living expenses.

Statute of Limitations

A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, a claim can no longer be brought to court.

Strict Liability

Legal responsibility for damages or injury even if the person was not at fault or negligent. It applies in certain cases, such as product liability or dangerous activities.

Subpoena

A legal document that requires a person to testify in court or produce documents relevant to a case. Failing to comply with a subpoena can result in penalties.

Summons

A legal notice issued by a court to inform someone that they are required to appear in court. It is typically used in civil cases to notify a defendant of a lawsuit.

Supervised Time

A court-ordered arrangement where visits between a parent and child are monitored by a third party to ensure the child’s safety.

Testator

A person who has made a will. The testator’s will specifies how their assets are to be distributed upon their death.

Tort

A civil wrong or injury caused by one party to another, for which the injured party may claim damages. Common torts include negligence, defamation, and trespass.

Trust

A legal arrangement where one person, the trustee, holds property for the benefit of another person, the beneficiary. Trusts are commonly used in estate planning and asset protection.

Undue Influence

The act of persuading someone to act against their free will, typically in making a contract or will. A claim of undue influence can invalidate the agreement.

Vicarious Liability

Legal responsibility placed on one person for the actions of another. Employers, for example, can be held liable for the actions of their employees if those actions occur within the scope of employment.

Void Contract

A contract that is not legally enforceable from the start because it lacks essential elements. A void contract has no legal effect, and neither party is bound by it.

Warrant

A legal document issued by a judge authorising law enforcement to take a specific action, such as arresting an individual or searching a property. Warrants must be based on probable cause.

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