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Glossary
We want to make it as easy as possible for you to do business with us.
We try and use plain english wherever we can. Unfortunately the law
like any other industy has its own language and we can't always promise
that we won't be using words that are second nature to us, but may not
be second nature to you.
To help you find your way around the maze of legal terminology we've
provided you with a short glossary of some of the legal terms which you
are more likely to come across in our correspondence and documentation.
Our list, some of which is adapted from www.nolo.com is not exhaustive
as we have not intended to provide a detailed legal dictionary. There are
a number of other excellent websites however which will assist you should
you need any further explanations beyond those in our glossary.
Click on the following link and you will find a legal dictionary which may not
keep you amused, but will keep you informed.
www.nolo.com
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Damages |
In a lawsuit the money awarded to one party based on injury or loss caused by the other. There are many different types of categories of damages including compensatory damages, general damages, exemplary damages and special damages.
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Deed |
A written agreement which traditionally is 'signed, sealed and delivered'. A deed, unlike a contract, does not require consideration to be binding.
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Defamation |
A statement that injures someone's reputation and exposes him to public contempt, hatred, ridicule or condemnation. If the statement is published in print or through broadcast media it is libel, if it is only spoken it is slander. There are various defences however to a defamation so that not all defamations entitle the person defamed to damages.
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Defence |
This is the basis on which a person sued seeks to defend a claim. The grounds for the defence are set out in a document which is filed in court as an answer to the plaintiff's statement of claim.
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Defendant |
The person against whom a lawsuit is filed. In certain types of law suits (including appeals) the defendant may be called the respondent.
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Deponent |
A person swearing or affirming an affidavit.
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Director |
A member of the board of a corporation typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions especially those that legally bind the corporation, leaving day to day management to officers and employees of the corporation. In small business where it is common for owners to be directors, shareholders and employees simultaneously distinctions dividing the roles and responsibilities of these groups are often blurred.
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Disbursement |
An expense which will be reflected in the tax invoice received from your lawyer which relates to expenses incurred by the lawyer, either by way of internal overhead (such as postage, phone calls and sundries) or payable to third parties such as Barristers, experts and court registries for filing fees
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Disclaimer |
A refusal or enunciation of a claim or right. A refusal or denial of responsibility for a claim or an act. The written clause or document that sets out the disclaimer.
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Discovery |
A formal investigation governed by court rules that is conducted before a hearing commences. Discovery is not available in all types of cases but is generally available in more complex commercial litigation cases. It allows one party to require the other to produce documents which relate to matters which are in question in the proceedings.
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District Court |
The District Court is below the Supreme Court in hierarchy but above the Local Court. It is a court of general jurisdiction in New South Wales. The District Court can hear both civil and criminal matters.
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Dividend |
A portion of profits distributed by a corporation to its shareholders, some of which are taxable and some of which are not.
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Domain Name |
A combination of letters and numbers that identifies a specific server or website on the internet.
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Draft |
A piece of writing which will probably be amended (i.e. a rough or preliminary version of a document before it becomes final or perfect).
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