Terminology

Click on the letters below to quickly find the term you’re searching for:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

Appeal

An appeal is an application to a higher court to reconsider the decision made by a lower court on the ground that there has been an error in the decision of the lower court.

C

Civil matter

Provides a forum in which disputes such as torts, contractual disputes, wills, commercial disputes and many other private matters are heard.

Committal hearing

A committal hearing is a hearing to determine whether there is sufficient evidence for the person charged to stand trial or to be committed for sentencing.

D

Determination

It is a term which is largely used in tribunals and alternative dispute processes. A determination is the role or action of the person trying and determining the dispute.

F

Financial manager

A financial manager is a person who has the authority to make decisions regarding a person’s financial affairs such as operating bank accounts, paying bills, making investments and authorising payments for items or services that the person may need.

G

Guardian (Guardianship Tribunal only)

A guardian is someone that has been appointed to make decisions on behalf of a family member or friend. The NSW Guardianship Tribunal appoints guardians or enduring guardians.

I

Indictable offences

An indictable offence is generally a serious offence with greater penalties.

Inquest

It is a formal court hearing conducted by a coroner, with or without a jury, into the circumstances of an examinable or reportable death, or a fire or explosion.

J

Judge

A judge is a person who is invested with authority to determine matters requiring legal remedy, he or she adjudicates a disputes, tries or passes sentence to offenders.

Jurisdiction

Broadly speaking jurisdiction refers to the power and authority of a government to legislate, adjudicate and to enforce its laws. Jurisdiction with regards to courts is concerned with what kind of cases a court has the power to hear and try.

M

Magistrate

A public officer who is concerned with the administration of law.

N

Negligence

All citizens have a duty of care to take into account any harmful effects that their activities may have upon other members of the public. Negligence is a person’s failure to exercise a duty of care which results in damage or injury.

Q

Quasi-judicial

This refers to the actions of boards and other government entities in which there are hearings, orders and judgements.

S

Summary offences

Summary offences are offences which are triable on indictment by the Crown and are generally determined by a magistrate rather then a judge and jury.

T

Tort

A tort is a civil wrong or wrongful act, whether it is intentional or accidental from which injury occurs to another. Tort law is a major area of law which includes things like negligence, intentional tort which may also be crime such as wrongful death, assault, fraud etc.

Tortfeasor

A tortfeasor is the person who commits a tort; it can be either intentional or negligent.

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