– the reasons given by the judge or magistrate for the court order that is finally given. In civil cases, a judgement is the court order given by the court in favour of the successful party and against the unsuccessful party, which is not a punishment, as is the case with a sentence in a criminal case. A court order dismissing a plaintiff’s claim with costs is an example of a sanction in a civil case, which to some extent resembles a sentence in a criminal case.
lawful – a word that can be confusing because it can be a synonym for both statutory and just. It can therefore mean that something is “in accordance with a law” but can also have a wider meaning, namely that something is “in accordance with the provisions of the law in general”. One has to look at the context in which the words are used to know what is meant in a specific case. If something is lawful it is usually also just, but the reverse is not necessarily true.
lawfully – by law, rightfully or in accordance with the law, and a synonym for legally.
legal aid – as a general term, this means that a private person obtains legal representation. It also has a more specific meaning that is more commonly used, namely that a poor person obtains legal representation funded by the state. Legal aid is also available for government officials who are charged for acts committed in the course and scope of their employment. This is how we get the peculiar situation in which very rich politicians litigate at the taxpayer’s expense.
legal representative – someone with a legal qualification who represents a party in a court case.
litigant – synonym for party.
litigate – the verb derived from litigation.
litigation – the process of conducting a court case.
magistrate – the official who presides in a magistrates’ court. See also judge.
Master of the high court – more often referred to as “the Master”. This is a separate office of the high court that supervises and keeps records of estates: insolvent estates, deceased estates, trusts and the estates of mental patients. There is a specific official called the Master.
medico-legal examination and reports – medical examinations that a plaintiff in an action undergoes so that the extent, history and prognosis of his condition can be determined, and the reports that medical experts draw up with reference to such examinations. See also expert evidence.
merits – the grounds on which a party requests a court order. If he asks for a sum of money, then the merits exclude proof of the amount.
motion – the same as an application.
negligence – one of the components of a delict that states that an act or omission deviates from what a reasonable person would do (or not do) in a specific situation.
notice – a document used in litigation informing someone of something that has happened or is going to happen.
notice of intention to defend – the notice that notifies the plaintiff in an action that the action is going to be opposed (or defended).
notice of motion – a notice that is the first document in an application, in which the applicant sets out what he is asking of the court. If, for example, my neighbour habitually makes a lot of noise late at night, I would ask in my notice of motion for the court to order him to stop making a lot of noise.
notice of opposition – the notice that notifies the applicant in an application that the application is going to be opposed (or defended).
on a balance of probabilities – the burden of proof in a civil case that places the burden on the party that bears it to prove that his version is more probable than that of his opponent. Compare this with beyond reasonable doubt, the burden of proof in criminal cases.
onus – the burden of proof placed on a party to prove his case. This means that if the court cannot decide which party’s version of events to accept, it will decide against the party that bears the onus. Also called the burden of proof.
opposing side or opposing party – opponent in an action or application.
oral evidence – evidence that is verbally given in court. Also sometimes colloquially referred to as “evidence under oath”, though, strictly speaking, the latter includes evidence given in a sworn affidavit. The witness stands in the witness box, the oath is taken by the witness (“Do you swear that the evidence that you will give is the truth, the whole truth and nothing but the truth, so help me God?”) and everything that the witness says about the case after that is evidence under oath.
papers or court papers – the documents drafted during a court case. These include process documents in actions and all documents in applications.
particulars of claim – the part of the summons in which the plaintiff sets out what he is seeking from the court and his reasons for the request. If you are in possession of my car, the particulars of claim would state who I am, who you are, that I am the owner of the car and that you are in possession of it. I would then ask the court to order you to return the car to me and to order you to pay the costs of the court case.
party – the person or entity who is directly involved in litigation. This is often used together with opposing party or opposing side, meaning “the party on the other side”. If I institute divorce proceedings against my wife, we are the parties in the lawsuit and she is my opposing party or the opposing side. Our children are also involved in the litigation but they are not directly involved and are therefore not parties to it.
plaintiff – the person or entity who institutes an action.
plea – document in an action that sets out in detail why a defendant does not agree with a plaintiff’s case and thinks that it must fail.
pleadings – documents in an action that set out the issues in dispute.
pre-trial conference – a meeting between the parties in an action held prior to the trial in accordance with prescribed rules, to try to keep the trial as brief as possible and to reduce the issues in dispute between the parties.
prima facie – a commonly used Latin term, the precise meaning of which depends on the context in which it is used. However, the usual meaning is “from an initial impression” or “without considering the other side of the matter”.
private law – the part of the law that has to do with the rights of and legal relationships between private individuals.
pro Deo – a Latin term that, if translated literally, means “for God”. These days it usually means “with state funding” because it is used when the state pays for the legal representation of a pauper who is the accused in a criminal case.
probability – a judgement about evidence that indicates whether it conforms to general life experience. It is improbable to say that you have been attacked by a blue dog with two heads, while it is probable to say that your neighbour’s Rottweiler bit your hand. See also credibility.
process document – collective noun referring to any of the documents used in a court case. The process document includes but is not limited to the pleadings. It also includes notices.
prosecution – the conducting of a criminal case by the state.
provisional sentence – a process
