Legal Dictionary

Barrister
A barrister is a lawyer found mainly in common law jurisdictions.  A barrister is also a legal practitioner/lawyer but is limited to advocacy and advisory work.  Solicitors have more direct contact with clients, whereas barristers often only become involved in a case once advocacy, generally before a Court, is required.  Barristers are rarely instructed by clients directly.  Instead the client's solicitors will instruct a barrister on behalf of the client when appropriate.  Barristers are also known as 'counsel'

Common Law
Common law refers to law which is developed through the decisions of Courts.  Historically, it was the unwritten law derived from the traditional law of England as developed through the Courts by judicial precedence, interpretation, expansion and modification

Costs
At common law, costs refers to the remuneration and disbursements incurred in relation to performing legal work

Damages
In law, damages are a type if legal remedy.  It is a reference to the money paid or awarded to a person following a successful claim by that person in a civil action.  Damages are often also refered to as compensation.  Compensation is awarded for damage suffered; a court-awarded sum of money which places the plaintiff in the position he or she would have occupied had the legal wrong not occurred

Defendant
A Defendant is any person or party who is required to answer the complaint of a Plaintiff in a civil action or law suit.  Any person of party against whom relief is sought in a matter or who is required to attend proceedings in a matter as a party to the proceedings

Hearing
A proceeding, conducted by a court or tribunal with a view to resolving issues of fact or law, in which oral evidence may be taken and documentary and real evidence tendered

Jurisdiction
The scope of the court's power to examine and determine the facts, interpret and apply the law, make orders and declare judgment.  Jurisdiction may be limited by geographic area, the type of parties who appear, the type of relief that can be sought, and the point to be decided

Legislation
Is law which has either been enacted or promulgated by a governing body - Parliament.  Legislation is the instruments embodying the creation and promulgation of laws by the Commonwealth and State legislatures - law made by Parliament.  Legislation is otherwise known as statute law or Acts of Parliament

Liability
In law a person is said to be liable when they are legally or financially responsible for something.  Liability can refer to a person's present or prospective legal responsibility, duty or obligation

Litigation
The conduct of legal proceeding by parties before a court

Mediation
Mediation is a method of alternative dispute resolution (ADR).  Mediation involves bringing the parties to a dispute together for the purpose of promoting the discussion and with the aim of trying to reach a settlement of dispute.  A mediation usually involves an independant third party, a mediator, whose role is to try and assist the parties to reach agreement on the issues in dispute.  Despite the involvement of a mediator, the parties themselves determine the conditions of any settlement reached rather than accepting something imposed by a third party.    

Negligence
Negligence is a specific action in tort law the elements of which include: the existence of a duty of care, breach of that duty of care and material damage which results as a consequence of the breach of duty.  Negligence is a legal concept usually used to achieve compensation for injuries.

Negligence is not the same as "carelessness", because someone might be exercising as much care as they are capable of, yet still fall below the level of competence expected of them.  Generally negligence can be defined as conduct that is culpable because it falls short of what a reasonable person would do to protect, or prevent, another indvidual from foreseeable risks of harm.  In civil litigation, if an injured person proves that another person acted negligently to cause his/her injury, he/she can recover damages to compensate for the harm.  

Out of court settlement
In civil proceedings, an out of court settlement occurs when the parties to a proceeding reach agreement about the preferred outcome, without reference to the Court and at any time before final judgment.  It involves an agreement to settle or compromise all or any of the matters in dispute between them.

Plaintiff

A plaintiff, also known as a claimant, is the party who initiates legal action in a Court.  Generally, a plaintiff is seeking a legal remedy for some form of loss or damage suffered. 

Precedent
A precedent is an established principle or rule, that a Court or other judicial body has already determined by way of a judgment in a particular case, and then subsequently utilises that established principle or rule when deciding later cases with similar issues or facts.

Tort
A tort is a civil wrong or a breach of a duty imposed by law. 

Tort law is a body of law that provides remedies for civil wrongs.  A person who suffers loss or damage as a result of a civil wrong may be able to use tort law to obtain compensation from the wrongdoer, that is the person who is legally responsible, or liable, for those injuries.  Tort law establishes the circumstances under which one person may be held liable for another's injury.  Tort include intentional acts, such as assaults, as well as accidents which are otherwise considered negligent acts. 

Witness

1. A person who sees or hears material relevant to an enquiry
2. A person appearing at a hearing to give evidence
3. A person who observes the signing of a legal document such as a will as and when it takes place and affirms it by adding his or her own signature on the document as an attesting witness

Without prejudice
A "without prejudice" statement is made without an intention to affect the legal rights of any person.  The term "without prejudice" is generally used in the course of negotiations to indicate that a particular conversation or letter is not to be later tendered as evidence in court.  Essentially "without prejudice" concessions and representations made during negotiations are done so for the purpose of trying to settle a claim and are not intended to then be binding on the parties if ultimately the matter does not resolve and proceeds to litigation.