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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

Para-legal

A person who does legal work but is not licensed to practise law, dispense legal advice, or act as a conveyancer. A para-legal is often very experienced but only conducts these activities under the guidance and supervision of a lawyer who is appropriately licensed. Para-legals will often perform the less skilled work in any matter at a lower cost base.

Partnership

A business owned by two or more people and normally limited to 20 people (called partners) who are personally liable for all business debts. Partnerships may consist of up to 1000 people (e.g. Accountants) depending on the nature of the business. Partnerships should be reflected in a written partnership agreement between partners defining items such as ownership percentages, division of profit and losses, and steps to be taken in the event of death or disability of a partner.

Party

A person, corporation or other legal entity that files a law suit (generally called the plaintiff or the applicant) or defends a law suit (generally called the defendant or respondent).

Patent

A legal monopoly for the use, manufacture and sale of an invention.

Personal Injury

An injury not to property but to your body, mind or emotions. Personal injury will result in damage by way of pain and suffering and monetary losses in relation to such matters as hospital and medical expenses and loss of income. Personal injury rights in New South Wales generally relate to motor vehicle accidents, accidents which occur on property under the control of other persons, injuries arising out of defects in products, and work place accidents. The liability of the defendant to pay damages for personal injury will vary depending upon the nature of the accident, but may depend on whether or not negligence can be shown.

Personal Property

All property other than land and buildings attached to land. Cars, bank accounts, wages, a small business, furniture, pets and your tickets to the Grand Final are examples of personal property.

Plaintiff

See 'Party'.

Plea

A defendant's formal answer to criminal charges. Typically defendants will either plead guilty or not guilty. At the mention stage a defendant may not be required to plead until such time as sufficient evidence is available to him to enable a considered decision to be made.

Plea Bargain

A negotiation between the defence and prosecution that settles a criminal case. Plea bargaining occurs when the prosecution is not confident that it can attain a conviction on a more serious crime and therefore offers the defendant in return for a plea of guilty, prosecution of a lesser crime generally resulting in a lesser sentence.

Pleading

A statement of the plaintiff's case or the defendant's defence set out in a document in generally accepted legal language and format. The plaintiff's case is generally set out in the document called a 'Statement of Claim' or a 'Summons'. Sometimes the evidence is set out in an affidavit which also constitutes a pleading. The defence sets out its defence generally in a 'Notice of Grounds of Defence' or also in an affidavit. Pleadings must be prepared in accordance with court rules relating to the form and structure of documents.

Power of Attorney

A document that gives another person legal authority to act on your behalf. If you create the document you are called the principal. The person to whom you give this authority is called your attorney. A power of attorney may be general or limited. If you make an Enduring Power of Attorney, the document will continue in the event you become incapacitated. There are strict rules relating to the execution of Power of Attorney which if not followed means the Power of Attorney has no effect.

Precedent

A legal principle or rule created by one or more decisions of a State or Federal Appellate Court. These rules provide a point of reference or authority for Judges deciding similar issues in later cases. Lower Courts must apply these rules when faced with similar legal issues. The term also refers to standard forms of documents used as templates for lawyers and which are then amended to fit the particular situations of clients.

Presumption of Innocence

One of the most sacred principles in the Australian and most common law criminal justice systems providing that a defendant is innocent until proven guilty. In other words the prosecution must prove beyond a reasonable doubt each element of the crime with which the defendant is charged.

Prima Facie

Latin for on its face. A prima facie case is one that, at first glance, presents sufficient evidence for the plaintiff to win. Such a case must be refuted in some way by the defendant for him to have a chance of prevailing at trial.

Principal

See 'Power of Attorney'. In commercial law the total amount of the loan not including any capitalised fees or trusts. In the law of trusts the property of the trust as opposed to the income generated by the property. In an agency relationship the person who controls the agent.

Privileged Communication

See 'Confidential Communication'.

Probate

The court process following a person's death that includes proving the authenticity of the deceased person's Will, appointing someone to handle the deceased person's affairs, identifying and providing an inventory of the deceased person's property, paying debts and taxes, identifying heirs, and distributing the deceased person's property according to the Will or if there is no Will according to State law.

Promissory Estoppel

See 'Estoppel'.

Prosecute

A term used applicable to someone who brings a court action, generally applicable to criminal cases, against another party.

Proxy

A person appointed, or the instrument appointing one person, to vote for another at a meeting.

Public Defender

A lawyer appointed by the court and paid by the State to represent clients in criminal matters who are unable to pay for their own defence.

Purchaser

A person who buys an asset either real property or personal. It is this term which is used to describe in a Contract for Sale of Land the buyer of property.

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