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• Legal Terms (407)

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Accused

The person charged. The person who has allegedly committed the offence

Acknowledgement of service

When the particulars of a claim form (outlining details of the claim) are served on (delivered to) a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim. The defendant must file (return) the acknowledgment form within 14 days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form.

Acquittal

Discharge of defendant following verdict or direction of not guilty

Act

Law, as an act of parliament

Action

see CLAIM

Actus Reus   :   Guilty act

The offence of which the defendant is accused

Ad Colligenda Bona   :   To collect the goods

A temporary order for the Administration of an estate of a deceased person used when the estate is of a perishable nature

Ad Hoc   :   For this purpose

Ad Hoc decisions are made as and when a situation demands: Ad Hoc committees are formed to address a particular issue - Ad Hoc meetings would take place to discuss specific matters

Ad Idem   :   Of same mind

ie as one; agreed eg the parties are ad idem on this point

Ad Infinitum   :   Without limit

Describes an event apparently continuing without end

Ad Litem   :   For the suit

Denotes a temporary appointment which continues during legal proceedings ie Guardian Ad Litem

Adjourned generally or sine die

Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, e.g. to next day or sine die). See LATIN TERMS

Adjournment

the postponing of the hearing of a case until a later date.

Adjudication

A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court

Administration order

An order by a County Court directing a debtor to pay a specified monthly installment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis

Administrative Court

the Administrative Court is part of the High Court. It deals with applications for judicial review.

Admiralty Court

Part of the High Court. An admiralty claim is a claim for the arrest of a ship at sea to satisfy a debt.

Admission (including part admissions)

A party involved in a claim may admit the truth of all or part of the other party?s case, at any stage during proceedings. For example, a defendant may agree that he or she owes some money, but less than the amount being claimed. If the defendant makes an admission, the claimant may apply for judgment, on the admission.

Adoption

An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage

Adultery

Voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on for divorce

Adversarial

Arrangements designed to bring out the truth of a matter, through adversarial (conflict based) techniques such as cross-examination.

Advocate

A barrister or solicitor representing a party in a hearing before a Court

Affidavit

(see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it

Affirmation

Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth

Allocation

The process by which a judge assigns a defended civil case, to one of three case management tracks, the small claims track, the fast track or the multi-track

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