Handbook of legal terms

An eligible adult acting on behalf of a person under a legal incapacity in a proceeding. Persons under a legal incapacity include children, and persons who, because of a mental disability or illness, are not capable of managing their own participation in a proceeding. Having to be strictly complied with. Mandatory reporting: obligation to report to authorities for example, cases of abuse of children.

Mandatory sentencing: automatic gaol term for certain offences. A maximum penalty is just that; the maximum. A sentencing court cannot impose a penalty greater than the maximum which is set out in legislation. In determining penalty the sentencing court will have regard to the general and individual sentencing matters set out in ss 10 and 11 of the Sentencing Act SA , such as the circumstances of the offence, the offender and any victims.

Form of dispute resolution where an impartial third party helps communication and negotiations between the parties, but does not decide the dispute. A person appointed under an Act or law to make decisions on behalf of another person about their medical treatment Mental Health Act SA. Making a false statement, either deliberately or unintentionally, to induce someone to do something they would otherwise not have done, e.

Circumstances which go towards reducing the damages or punishment which the court may order against a defendant or prisoner. 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 the mortgagee, the debtor who makes it is the mortgagor. A form of communal title whereby land is not owned but is used by those who have rights over it. Describes traditional Aboriginal rights over land in Australia. The rules and procedures to be followed by a person or body with the power to settle disputes.

Some rules of natural justice are to act fairly, without bias, and the right of all parties to be heard. In civil or criminal proceedings, a submission by one party that the other party has failed to establish a case to answer prima facie case.

If successful such a submission results in dismissal of the case. A pledge that statements made are true which is made with one's hand on the bible. Witnesses in court are required to take an oath or make an affirmation before giving evidence. A public official appointed to investigate citizens' complaints against the administrative agencies of government, or against members of a particular profession. Decision by a body to take action, e. Under s 61B of the Family Law Act Cth , this includes all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

Court orders made under the Family Law Act Cth pt VII and covering things such as who has parental responsibility for children, with whom children will live and spend time and with whom and how they will communicate. Involving money. So: pecuniary loss - loss of an amount of money; pecuniary penalty - fine; pecuniary interest - financial interest in property. Lying under oath when questioned in a court proceeding or when making a sworn statement.

A person found guilty of perjury may face imprisonment. Ownership of property remains with a group or organisation as a whole, not individual members of the group. Written or printed statements delivered by parties to one another so questions of fact and law to be decided in a court action can be ascertained. Right to carry the benefits of e.

A formal written legal document by which one person the donor gives another the donee power to represent them or act in their place for certain purposes.

See: enduring power. An informal conference between the parties in a court action to try to reach a settlement or clarify any matters in dispute before the full hearing. A report, usually prepared by the Department of Human Services, for the court to consider before sentencing.

A collection of information, evidence and documents relating to an indictable offence, which is provided by SA Police to the DPP to enable the DPP to make a charge determination. A writ issued by a higher court to prevent lower courts and officials from exceeding their powers or to compel them to exercise their functions, for example habeas corpus , mandamus , certiorari.

The proving of a will, the acceptance by the Probate Registry of the Supreme Court that the deceased's will is valid and the last will in existence. A non-custodial sentencing order that involves good behaviour and supervision by a probation officer under defined reporting conditions for a specified period.

Insurance that provides cover for a person against claims for negligence arising out of the performance of his or her professional duties.

A name which cannot be registered because it is obscene or offensive, impracticable or against the public interest. A debt that must be accepted for proportional payment from available funds by the trustee of a bankrupt, and from which the bankrupt is released on discharge from bankruptcy.

Limited protection against an action for defamation except where the person revealing the information did so out of malice. A bond the object of which is to secure the performance of an act by the person bound by it, e. The administrative section of a court, which handles enquiries and submission of documents to the court. The officer in charge is a registrar. The taking possession of goods by a creditor from a debtor who has breached a term of a credit contract. A revocation or stopping action, particularly of a contract.

Rescission is only allowed where restitution is possible verb: to rescind. A person against whom a summons has been issued or an appeal brought, or a person who legal proceedings have been brought against in a civil dispute.

The formal contesting of the applicant's originating application by the respondent in a civil dispute. An order preventing a specified person from doing specified things such as contacting a person, harassing a person, residing with a person applying for the order.

In relation to transport injuries, a serious long-term impairment, disfigurement or loss of a body function, or severe long-term mental or behavioural disturbance, or loss of a foetus. A claim for a specific amount of money raised by the defendant as a defence to a monetary claim of the plaintiff.

Damages paid for pain and suffering, disfigurement or loss of earning capacity or enjoyment of life. Compare: general damages. A conviction for a minor criminal offence, which after a certain time without re-offending, is considered to no longer exist. The required level to which something must be proved in court. In criminal matters, the standard is "beyond reasonable doubt"; in civil matters, "on the balance of probabilities".

A written statement of facts which the person making it signs and solemnly declares to be true before a person authorised to take declarations. A ground for defence included in a particular law which would prevent a person from being found guilty of an offence under the law.

A writ which commands the appearance of a person or the production of specified documents in a court. A minor offence heard and decided in a Magistrates' Court and not sent for trial before a judge and jury. A document which is issued by the court requiring the attendance of the person named in the summons at court on a specified date. A person who binds him or herself to be answerable for another. If there is a default, the surety will be liable. A sentence of imprisonment which is only served if the convicted person commits further offences.

May be partially or wholly suspended, or a combined custody and treatment order. The relation between a landlord and a tenant for rented premises. See : lease. Form of ownership of land, where two or more people occupy the whole of the land 'in common'.

Each owner can sell, transfer or will his or her share. On the death of one owner his or her interest does not pass to the surviving owner. Compare : joint tenants.

The ability to draw up a valid will, the mental capacity to understand about property rights and family responsibilities. A civil wrong. An act which causes harm, intentionally or otherwise, for which the remedy is an action for unliquidated damages.

In common law, movement from source to end user in the course of trade. Drug trafficking has a much wider definition. A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. Garner, thoroughly reviewed relevant legal literature, cases, and statutes.

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Preview this item Preview this item. Handbook of legal terms Author: Michigan Judicial Institute. Subjects Law -- Michigan -- Dictionaries. Justice, Administration of -- Dictionaries -- Michigan. View all subjects More like this Similar Items. Allow this favorite library to be seen by others Keep this favorite library private. Save Cancel. Find a copy in the library Finding libraries that hold this item Description: 64 pages ; 28 cm Responsibility: Michigan Judicial Institute.