Copy of `HMCS - Law terms`

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

Court
Body with judicial powers (see also Courtroom)

County court judgment (CCJ)
A judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant`s ability to borrow money

County Court
County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. There are 218 county courts in England and Wales. The county court is a court of the first instance â€` where civil cases start

Counterclaim
A claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim, but a fee is payable according to the amount counterclaimed

Counsel
A Barrister or solicitor in legal proceedings

Count
An individual offence set out in an indictment

Costs (civil)
In civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the court`s discretion

Corroboration
Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases

Contributory Negligence
Partial responsibility of a claimant for the injury in respect of which he/she claims damages

Contents of trial (civil)
see trial contents

Consecutive Sentence
An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences

Contempt of Court
Disobedience or wilful disregard to the judicial process. In civil cases, for example, failing to appear as a witness without informing the court or the party that called you. A person found to be in civil contempt of court could be fined.

Conduct Money
i) Money paid to a witness in advance of the hearing of a case as compensation for time spent attending Court ii) Commonly used to describe expenses paid to a debtor to cover the costs of traveling to Court

Conditional Discharge
A discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time

Concurrent Writ
A duplicate of the original writ bearing the same date and expiring at the same time as the original

Complaint
Expressing discontent for something

Concurrent Sentence
A direction by a Court that a number of sentences of imprisonment should run at the same time

Complainant
A person who makes a complaint

Compensation
Usually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience

Common Law
The law established, by precedent, from judicial decisions and established within a community

Committal
i) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit …

Commissioner of Oaths
Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence

Collaboration - collaborative
Working together to solve a problem

Commercial Court
Part of the Queen`s Bench Division of the High Court.

Coercion
Coercion exists when an individual is forced to behave in a particular way, by threats of violence, for example. The person concerned does not act freely

Co-respondent
A person named as an adulterer (or third person) in a petition for divorce

Codicil
An addendum signed and executed which amends or adds something to a will

Claimant
The person issuing the claim. Previously known as the Plaintiff

Claim Production Centre (CPC)
See Northampton Bulk Centre

Claim form
Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought

Claim
Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim

Civil Procedure Rules
The rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.

Civil Procedure
The rules and procedures to be followed for civil cases in the county courts and High Court

Civil Justice Reforms
The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April …

Civil Justice or civil law
A branch of the law which applies to the rights and dealings of private citizens, (including such matters as unpaid debts, negligence and the enforcement of contracts). It does not include criminal, immigration, employment or family matters

Civil case or claim
A civil dispute that involves court action. See claim

Civil
Matters concerning private rights and not offences against the state

Citizen`s Advice Bureau (CAB)
A charity which can offer free legal and financial advice to the general public.

Circuit Judge
A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court

Charging Order
A court order directing that a charge be put on the judgment debtors` property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land - without paying what is owed to the claimant

Charge
A formal accusation against a person that a criminal offence has been committed (see also Charging order)

Chancery Division
The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.

Chambers
i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings ii) Offices used by a barrister

Cessate
A grant of representation of limited duration which has ceased and expired

Certificate of service
A document stating the date and manner in which the parties were served (given) a document. For example where a claim form is served by the claimant court rule requires the claimant to file a certificate of service within seven days of service of the claim form otherwise he may not obtain judgment in default.

Certificate of Legal Aid Costs
A certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur)

Caveat
A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat

Caution
i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person's knowledge ii) Warning, given by a Police Officer, to a person charged with an offence iii) Warning, given by a Police Officer, instead of a charge

Case value
The financial value of a case - known as case value - is one of the factors used to asses which track a case (claim) should be allocated to. See also case management tracks

Case number
A unique reference number allocated to each case by the issuing Court

Case management tracks
Civil cases are allocated to one of three case management tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are (i) the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation (ii) the fast tr …

Case disposal
The case is taken out of the court process (see Disposal).

Case Management Conference (CMC)
This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case

Case
An action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of law

Bulk Centre
See Northampton Bulk Centre

Business address
Premises or place from which business activities take place

Brief
Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon

Bound - binding
A binding decision is one that must be obeyed by the people concerned. For example, it is not possible to go to court after a binding decision has been issued by an arbitrator

Bind over
In the Crown Court or (more usually) the Magistrates Court, and signed by an officer of the Court

Bind over for sentence
An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty to be enforced

Bill of indictment
A written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court

Bench warrant
A warrant issued by the judge for an absent defendant to be arrested and brought before a Court

Bill of costs
(see Taxation of costs, Summary assessment and Detailed assessment.

Bar
The collective term for barristers

Barrister
(see Counsel; Silk) A member of the bar: a lawyer entitled to represent clients in all the courts

Bankrupt
Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986

Bail
Release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions

Bailiff
Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people. A bailiff can also serve (deliver) court documents on people

Automatic transfer
Providing that a number of criteria are met, proceedings must be transferred automatically to the court nearest to the defendant`s home.

Award
Result of an arbitration hearing or the amount of damages assessed by a Court

Assured tenancy
A tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure

Attachment of earnings order
An order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed

Assisted person (legally)
A party to legal proceedings who is receiving legal aid

Arbitrator or Arbitration
A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The person making the claim (claimant) has to choose between going to arbitration and court â€` it is not usually possible to take a claim to court after it has been through arbitration

Apportioning
To place or assign

Appraisement or appraisal
Valuation of goods seized under warrant of execution prior to sale

Application
The act of applying to a civil court to ask it to do something, for example to start proceedings

Appellant
A person appealing to a higher court or body against a decision made in a lower court or body

Applicant
Person making the request or demand, e.g. person who issues an application

Annul
To declare no longer valid

Appeal
Application to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold (i.e. reject) the lower court`s decision. Often, permission (leave) is required, to for an appeal to occur.

Amount offered in satisfaction
An amount of money offered by a defendant to pay a debt or to settle another type of claim, for example in a personal injury case

Ancillary relief
Additional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity

Amendment
The process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case

Alternative dispute resolution
These are schemes such as arbitration and mediation which are designed to allow parties to find a resolution to their problem, without legal action. A party`s refusal to consider ADR could lead to sanctions (penalties) against that party, by a judge, even if the party wins the case

Allocation questionnaire
A case (claim) is allocated to a case management track, when an allocation questionnaire has been returned completed by the people involved (parties) in the case. Reponses to the questionnaire provide a judge with information on case value and other matters, to assist him or her to allocate the case to the correct track

Allocation
The process by which a judge assigns a defended civil case, to one of three case management tracks, the small claims track, the fast track or the multi-track

Advocate
A barrister or solicitor representing a party in a hearing before a Court

Affidavit
(see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it

Affirmation
Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth

Adversarial
Arrangements designed to bring out the truth of a matter, through adversarial (conflict based) techniques such as cross-examination.

Adultery
Voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on for divorce

Admiralty Court
Part of the High Court. An admiralty claim is a claim for the arrest of a ship at sea to satisfy a debt.

Adoption
An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage

Administrative Court
the Administrative Court is part of the High Court. It deals with applications for judicial review.

Administration order
An order by a County Court directing a debtor to pay a specified monthly installment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis

Adjournment
the postponing of the hearing of a case until a later date.

Adjudication
A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court

Act
Law, as an act of parliament

Action
see CLAIM