parties (party)
- A person who enters into a legal transaction with another. In a contract between A and Z for example, they are each said to be a 'party' to the contract. They are collectively called the parties to the contract
- A person who participates in a legal proceeding, for example, as a plaintiff or a defendant.
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Where the act that is alleged to constitute the consideration is actually performed before the promise made by the other party and for which it was allegedly given in exchange. Consequently it is does not consitute proper consideration.
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Any statement by a judge in a previous case that is not binding, but may be used to persuade the court to decide the present case in a certain way.(Compared with binding precedent).
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The one who brings an action against another (the defendant); usually (but not always) named first in the citation of a case.
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A judgement or decision of a count of law cited as an authority for deciding a similar set of facts in a subsequent case. The concept of judicial precedent has been fundamental to the development of the common law. Indeed, until the establishment of Parliament, and the subsequent tide of legislation (both Acts of Parliament and subordinate legislation), it was the sole primary source of law.
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That which the successful party to a court action is entitled to receive to correct the wrong done to them. Examples of remedies are an award of damages and injunctions.
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The name given to the party against whom an appeal is lodged. It may be the plaintiff or the defendant in a civil case, or the defendant or the Crown in a criminal case. The other party to the appeal is referred to as the appellant (the person who lodged the appeal).
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The test used to decide a person's actual intention when they performed an action or made a statement. It is the test used in criminal law to establish whether an accused person had the required criminal intent at the time of the alleged crime. (Compared with the objective test which is largely used in civil cases.)
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A Writ of Subpoena (or Summons to Witness) is a document which is issued to secure the attendance of a witness to give evidence at a civil or criminal court proceeding, and, where applicable, to ensure that the witness brings any material documents which may be in his or her possession.The court will impose a penalty if the subpoena is not obeyed.
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sue (sued, suing)
To commence and maintain a civil proceeding against another person, in order to obtain redress from the court for an alleged wrong caused by the other party.
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In the formation of a contract, for something to be good consideration it must have some real value (it must be 'sufficient'), although the value of one party's consideration need not be equal to the other party's consideration.
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The most senior judicial tribunal in each of the States and Territories. Each of the Supreme Courts have been set up under an Act of Parliament.
Supreme Courts have both and original and appellate jurisdiction in both civil and criminal cases. In addition, all have a supervisory jurisdiction which enables them, through the issue of Prerogative Writs, to control all of those judicial and quasi-judicial bodies charged with the responsibility of administering justice.
Appeals from decisions of Supreme Courts can usually be made to the HIgh Court of Australia
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A civil wrong for which a private individual may take legal action. (for an example of a tort see negligence)
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The official written record of the proceedings of a court case.
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The examination and determination of a legal dispute between two competing sides (parties), who call all their evidence and argue the merits of their respective cases before a court presided over by a judge (with or without the aid of a jury).
A trial is to be contrasted with a hearing, which is a judicial examination and determination in a court of summary jurisdiction presided over by Justices of the Peace and Stipendiary Magistrates.
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