A promise by one person (the guarantor), to meet the specified debts of another (the principal debtor), upon that person defaulting in their payment to a third person (the creditor).
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The person who, under a guarantee, promises to meet the debts of the principal debtor upon the principal debtor defaulting in the payment of the debts. (See guarantee)
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The general word for any proceeding conducted by a court, tribunal or adminstrator with a view to deciding or resolving issues of fact or law, in which evidence can be given either verbally or through documents, film etc. For example, proceedings in Magistrates' Courts are often referred to as hearings.
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A court that occupies a high position in its hierarchy (eg, the Appeal Court of the Supreme Court of Victoria). According to the rules of precedent lower courts are bound to follow the decisions of higher courts within the same hierarchy of courts.
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Not being able to do something. For example, the mentally ill may be incapable of entering into a contract because they are unable to form the appropriate understanding of what they are doing.
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An officer of the crown invested with judicial power.Their main function is to preside over court cases.
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The decision of a court in a case, which sets out who won the case and what rights they have. It often contains an explanation of how the court reached its decision including the legal rules used and, if applicable, how any relevant legislation was interpreted.
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A number of persons (either men or women) summoned to court and empanelled to decide, on the basis of the evidence, what they believe to be the facts, and to arrive at a verdict in a trial. The size of juries varies. Although a criminal jury must always comprise of twelve jurors, a civil jury may be as small as four and as large as twelve.
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