Comprehensive Legal Dictionary of the Australian Common Law System

The following are some of the words and phrases you may hear as you move through the employment and human rights jurisdictions.

Comprehensive Legal Dictionary of the Australian Common Law System

A

Abatement: The ending, reduction, or lessening of something, such as the removal of a nuisance.

Acquittal: A judgment that a person is not guilty of the crime with which they have been charged.

Adjudication: The legal process of resolving a dispute or deciding a case.

Affidavit: A written statement confirmed by oath or affirmation, used as evidence in court.

Appeal: A process by which a case is brought before a higher court for review of a lower court's decision.

Arbitration: A method of dispute resolution where an independent third party makes a decision to resolve the dispute.

Assault: An intentional act that creates an apprehension in another of an imminent harmful or offensive contact.

Assignment: The transfer of rights or property from one party to another.

B

Bail: The temporary release of an accused person awaiting trial, sometimes on condition of a sum of money lodged to guarantee their appearance in court.

Bankruptcy: A legal status of a person or entity that cannot repay the debts it owes to creditors.

Battery: The intentional and wrongful physical contact with a person without their consent that entails some injury or offensive touching.

Breach: The violation of a law, duty, or other form of obligation, including obligations formed through contracts or warranties.

C

Caveat: A notice filed with the court to prevent certain actions until the filer is given a hearing.

Certiorari: A writ issued by a superior court to review the decision of a lower court or administrative agency.

Chattel: An item of personal property that is movable.

Citation: A reference to a legal precedent or authority, such as a case, statute, or legal textbook.

Claim: A demand for money, property, or a legal remedy to which one asserts a right.

Common Law: Law derived from judicial decisions instead of from statutes.

Complaint: The initial pleading by which a lawsuit is begun.

Contempt of Court: Behavior disrespectful to the court or its procedures, which can result in fines or imprisonment.

Contract: A legally binding agreement between two or more parties.

Conveyance: The transfer of the title of real property from one person to another.

Conviction: A formal declaration that someone is guilty of a criminal offense.

Counterclaim: A claim made to rebut accusations made in the original claim.

D

Damages: Money awarded to a party in a civil lawsuit as compensation for a loss or injury.

Defamation: The action of damaging the good reputation of someone through false statements.

Default Judgment: A judgment rendered because of the defendant's failure to answer or appear.

Defendant: An individual, company, or institution sued or accused in a court of law.

Deposition: The process of giving sworn evidence.

Discovery: The pre-trial procedure where each party can obtain evidence from the opposing party.

Dissent: The expression of a judge's disagreement with the majority's decision.

E

Easement: A right to cross or otherwise use someone else's land for a specified purpose.

Embezzlement: Theft or misappropriation of funds placed in one's trust or belonging to one's employer.

Equity: A branch of law that developed alongside common law and is concerned with fairness and justice, offering remedies not available at common law.

Estoppel: A legal principle that prevents a party from arguing something contrary to a claim made or position taken earlier.

Ex Parte: An action taken by or for one party without the presence of the other.

F

Felony: A serious crime usually punishable by imprisonment for more than one year or by death.

Fiduciary: A person who holds a legal or ethical relationship of trust with one or more other parties.

Foreclosure: The legal process by which an owner's right to a property is terminated, usually due to default.

G

Garnishment: A legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant.

Grievance: A complaint or protestation based on an alleged wrong.

H

Habeas Corpus: A writ requiring a person under arrest to be brought before a judge or into court.

Harassment: Aggressive pressure or intimidation.

I

Immunity: Protection or exemption from something, especially an obligation or penalty.

Indictment: A formal charge or accusation of a serious crime.

Injunction: A judicial order restraining a person from beginning or continuing an action threatening or invading the legal right of another.

Interlocutory: A temporary or provisional decision or order.

J

Judgment: The final part of a court case that determines the rights and obligations of the parties involved.

Jurisdiction: The official power to make legal decisions and judgments.

L

Lawsuit: A claim or dispute brought to a court of law for adjudication.

Libel: A written defamatory statement.

Lien: A right to keep possession of property belonging to another person until a debt owed by that person is discharged.

M

Mediation: A form of alternative dispute resolution involving a neutral third party to assist in reaching a settlement.

Misdemeanor: A minor wrongdoing.

Mitigation: The action of reducing the severity, seriousness, or painfulness of something.

N

Negligence: Failure to take proper care in doing something, resulting in damage or injury to another.

Nuisance: An act that is harmful or offensive and causes inconvenience or damage.

O

Objection: An expression or feeling of disapproval or opposition.

Obligation: A legal or moral duty.

P

Parole: The release of a prisoner temporarily or permanently before the completion of a sentence, on the promise of good behavior.

Perjury: The offense of willfully telling an untruth in a court after having taken an oath or affirmation.

Plaintiff: A person who brings a case against another in a court of law.

Plea: A formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge.

Power of Attorney: A legal document allowing one person to act on another's behalf.

Q

Quash: Reject or void, especially by legal procedure.

R

Remand: To send a case back to a lower court from a higher court for further action.

Remedy: A means of legal reparation.

Rescission: The revocation, cancellation, or repeal of a law, order, or agreement.

Restitution: The restoration of something lost or stolen to its proper owner.

S

Sanction: A threatened penalty for disobeying a law or rule.

Slander: The action or crime of making a false spoken statement damaging to a person's reputation.

Statute: A written law passed by a legislative body.

T

Tort: A wrongful act or infringement of a right leading to legal liability.

Trust: An arrangement where property is managed by one person or entity for the benefit of another.

U

Unconscionable: Not right or reasonable, often in terms of contracts that are unfairly one-sided.

V

Verdict: A decision on a disputed issue in a civil or criminal case.

W

Waiver: The voluntary relinquishment or surrender of some known right or privilege.

Warrant: A document issued by a legal or government official authorising the police or another body to make an arrest, search premises, or carry out some other action.

Witness: A person who sees an event, typically a crime or accident, take place.

Y

Youth Court: A special court for people aged between 10 and 17 who are charged with committing a crime.

This dictionary encompasses a broad spectrum of terms relevant to the Australian Common Law system. For those engaging in legal studies or practice in Australia, understanding these terms is essential for navigating the legal landscape effectively.