Copy of `HMCS - Law terms`

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HMCS - Law terms Category: Legal Date & country: 10/01/2008, UK Words: 404

Landlord and Tenant Act
Act which empowers applications (seeking extension of a lease or some other action concerning tenancy

Justice of the Peace
A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence

Juror
(see Jury) A person who has been summoned by a Court to be a member of the jury

Jury
Body of jurors sworn to reach a verdict according to the evidence in a Court

Jurisdiction
The area and matters over which a Court has legal authority

Junior Counsel
(see Counsel; Silk) A member of the bar: the branch of the legal profession which has rights of audience before all Courts

Jurat
A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken

Judicial-Judiciary
i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge

Judicial review
The High Court can review decisions of inferior (lower) courts, public bodies and other bodies to ensure that the decision making process has been lawful

Judicial discretion (civil)
Judges have the power to decide how best to manage the case on the individual facts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule 3 of the civil procedure rules to decide on the evidence parties produce how best to manage their case

Judgment set aside
A judgment or order can be set aside (made void) at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment

Judicial directions
See directions

Judgment
The decision or sentence issued by a court in legal proceedings

Judgment on liability
See Default judgment

Issue - issuing
To initiate legal proceedings in pursuit of a claim

Judge
An officer appointed to administer the law and who has authority to hear and try cases in a court of law

Interpleader
A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership

Intestate
Without leaving a will

Interlocutory
Interim, pending a full order/decision, e.g. interlocutory judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment

Interest
A charge for borrowed money, a percentage of the sum borrowed

Interim order
An order made during proceedings which is not a final order

Insolvency
see Bankrupt

Inspection of Documents
(see Disclosure of documents) Arrangements made by the parties to allow mutual exchange and copying of documents

Instalments
A method of paying a debt in several parts at intervals. Payment by instalments is agreed to make the burden of repayment lighter

Injunction
A court order which either restrains a person from a course of action or behaviour, or which requires a person to follow another course of action.

Infant
Also known as a minor: A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings (see Next Friend)

Indictable Offence
A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence

Impartial
Not having or showing any favouritism to one side in a dispute

Independent
Person or organisation not connected to any of the parties in a dispute or legal case

Home court (civil)
The court nearest to the defendant`s home or place of business

Housing claim
The procedure that a landlord may use in a county court to recover land or property (and money for arrears of rent or damage to property, if applicable). See also Possession Claim Online (PCOL)

High Court Enforcement Officers
An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders

High Court Judge
see Judge and High Court

Hearing
A hearing is the trial of the case. Hearings are usually held in public

High Court
A civil Court which consists of three divisions:- i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander; ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship; iii) C …

Guarantor
Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement

Guardian
A person appointed to safeguard/protect/manage the interests of a child or person under mental disability (see Next Friend)

Group Litigation Orders
A Group Litigation Order can be made in a claim in which there are multiple parties or claimants. The order will provide for the case management of claims which give rise to common or related issues of fact or law

Garnishee
A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant

Fixed costs
Costs in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim

Filing
The process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed

Fees and costs
see Court fees

Fiat
A decree or command

Fieri-Facias (FI-FA)
(see Sheriff) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt

Fast Track
The path to which defended claims of not more than £15,000 are allocated. See also: Allocation; Case Management tracks

Family Division
see High Court

Expert Witness
Person employed to give evidence on a subject in which they are qualified or have expertise

Exhibit
Item or document referred to in an affidavit or used as evidence during a Court trial or hearing

Execution
(see Levy) Seizure of debtors goods following non payment of a Court order

Executor
A person or persons specified to carry out the provisions of a will

Exempt
To be freed from liability or allegiance

Evidence
Documentary or other material which is used to support a person`s case in a court of law

Entry of Judgment
Decision of the Court in favour of one or other of the parties

Estate
The rights and assets of a person in property

Enforcement - enforcing a judgment
When a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant`s property for sale

Entering judgment on admission
The claimant can ask the court to enter judgment on admission when the defendant has admitted all or part of the case and offered payment or other restitution

Enforcement
Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court

Divorce
Dissolution or nullity of marriage

Dock
Enclosure in criminal Court for the defendant on trial

Either-way Offence
(see Indictable Offence, Summary Offence) An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury

Divisional Court
As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely wit …

District Judge
A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars

District Registry
see High Court

Dismissal
To make order or decision that a claim be ceased

Disposal
See Case disposal

Dispute
A civil problem not dealt with in court, (a civil dispute which comes to court is called a civil case); challenging the views of the opposing party in a civil case

Discovery of documents
(see INSPECTION OF DOCUMENTS) Mutual exchange of evidence and all relevant information held by each party relating to the case

Disclosure
Parties to a civil case must disclose (show to the other party) documents they intend to rely on in court to support their case

Discontinuance
Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case

Disability
The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation

Devi
Person to whom freehold land is given by a will

Directions (civil)
case management instructions given by the judge which give a time-table for pre-trial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multi-track, there may be several hearings on directions

Determination (civil)
If the defendant offers to pay to the claimant an amount by instalments and the claimant refuses the offer, an officer of the court will make an assessment of what would be reasonable for the defendant to pay

Determination (criminal)
Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable

Detailed Assessment (of costs)
When a court makes a costs order it may make a detailed assessment of costs, usually at the conclusion of proceedings. A costs officer would carry out the assessment. See also Summary assessment.

Designated Civil Judge
A Judge designated to deal with the Civil Justice Reforms for a group of courts

Defendant (criminal)
Person standing trial or appearing for sentence

Deponent
Person giving evidence by affidavit

Deposition
A statement of evidence written down and sworn on oath, or by affirmation

Defendant (civil)
The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full

Deed
A legal document which sets out the terms of an agreement, which is signed by both parties

Default Judgment
May be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.

Decree Nisi
Order for divorce unless cause to contrary is shown within a set period

Decree
An order of the Court in proceedings commenced by petition

Decree Absolute
A final certificate, resulting from an application, dissolving a marriage

Declaration
Court order setting out the rights of a party in the form of a statement

Debt recovery after judgment
See Enforcement

Debtor
A person who owes money to someone or to an organisation

Date of service (civil claims)
The date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the ‘particulars of claim` section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within 14 days

Damages
An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract

Crown Court
The Crown Court deals with all crime committed for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates. The Crown Court can also deal with some civil and family matters. The Crown Court is divided into tiers, depending on the t …

Cross-examination
The questioning of a witness for the other side in a case.

Criminal
Person who has been found guilty of a criminal offence

Covenant
A formal agreement or a contract constituting an obligation to perform an act

Creditor
A person to whom money is owed by a debtor

Courtroom
The room in which cases are heard

Court sanction
See sanction

Court of Protection
The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs

Court of Appeal
Divided into: i) civil and ii) criminal divisions and hears appeals: i) from decisions in the High Court and county courts and, ii) against convictions or sentences passed by the Crown Court, (see also Public trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)

Court fees
The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court