AP High Court Examiner study materials
AP High Court Examiner study resources

AP High Court Examiner key terms

AP High Court Examiner · Get comfortable with the vocabulary.

affidavit

A written statement of facts sworn or affirmed to be true before a person authorised to administer oaths, such as a notary or court officer, and used as evidence in court proceedings.

Related: deponent, verification
adjournment

A court order postponing a hearing or further proceedings in a case to a later date, either on the court's own motion or at the request of a party.

Related: cause list, docket
bail

The release of an accused person from custody, usually on condition of providing security or surety, pending trial or the conclusion of the case.

Related: remand, surety
caveat

A formal notice lodged with a court by an interested party asking that no order be passed in a matter without first giving that party a hearing.

Related: petitioner, interlocutory
cause list

The daily published schedule showing the cases listed before each court or judge, with case numbers, parties and the purpose of listing, used to organise the day's work.

Related: docket, adjournment
certiorari

A writ issued by a higher court directing a lower court or tribunal to send up its record so that the legality of its decision can be reviewed and, if necessary, quashed.

Related: mandamus, writ petition
cognizance

The act by which a court takes formal notice of an offence or matter, thereby acquiring jurisdiction to proceed with inquiry, trial or hearing.

Related: jurisdiction, summons
contempt of court

Wilful disobedience of a court order or conduct that scandalises, obstructs or lowers the authority of a court, punishable by the court itself under its contempt powers.

Related: suo motu, sub judice
cross-examination

The questioning of a witness by the opposing party after direct examination, aimed at testing the accuracy of the evidence and eliciting facts favourable to that party.

Related: deposition, affidavit
deponent

A person who makes and signs an affidavit, swearing or affirming to the truth of the statements contained in it before an authorised officer.

Related: affidavit, verification
deposition

The recorded sworn testimony of a witness given in a judicial proceeding, reduced to writing and preserved as part of the case record.

Related: cross-examination, evidence
docket

A register or running record in which a court office enters each case with its number, parties, dates of hearing and orders passed, serving as the official history of the case.

Related: cause list, index
evidence

Facts, documents or testimony legally placed before a court to prove or disprove a disputed point, subject to rules of relevance and admissibility.

Related: deposition, affidavit
ex parte

A proceeding or order made on the application of one party alone, without notice to or hearing of the other side.

Related: interlocutory, caveat
fir

First Information Report: the earliest record made by police of information about a cognizable offence, which sets the investigation in motion and is often filed with the court.

Related: cognizance, remand
habeas corpus

A writ commanding that a person detained be brought before the court so that the lawfulness of the detention can be examined; a safeguard against unlawful custody.

Related: mandamus, certiorari
index

A numbered list at the front of a case file or paper book identifying each document and its page, enabling the court and parties to locate papers quickly.

Related: docket, pagination
interlocutory

An order or application made during the pendency of a case on a procedural or interim matter, as distinct from the final judgment deciding the case.

Related: ex parte, affidavit
jurisdiction

The legal authority of a court to hear and decide a particular type of case, or a case involving particular parties or territory, as conferred by statute or constitution.

Related: cognizance, certiorari
mandamus

A writ directing a public authority or inferior court to perform a duty imposed on it by law, where that authority has failed or refused to act.

Related: habeas corpus, writ petition
pagination

The sequential numbering of pages in a case file or paper book, done in the court office so that documents can be reliably referred to and checked.

Related: index, docket
petitioner

The person or party who files a petition or application before a court, seeking relief or the exercise of the court's powers.

Related: respondent, writ petition
plaint

The written statement by which a plaintiff institutes a civil suit, setting out the facts, the cause of action and the relief claimed.

Related: written statement, verification
preamble

The introductory statement of the Constitution declaring its source of authority and its objectives, such as justice, liberty, equality and fraternity.

Related: fundamental rights, directive principles
fundamental rights

The basic rights guaranteed to individuals by Part III of the Constitution, enforceable in courts, covering equality, freedom, life and personal liberty, and remedies for their violation.

Related: writ petition, preamble
directive principles

Guidelines in Part IV of the Constitution directing the State towards social and economic welfare; they are not directly enforceable in court but inform law and policy.

Related: preamble, fundamental rights
remand

The sending back of an accused person to custody by a magistrate while the investigation or trial continues, or the return of a case by a higher court to a lower court for fresh decision.

Related: bail, cognizance
respondent

The party against whom a petition or appeal is filed and who is called upon to answer the case before the court.

Related: petitioner, caveat
sub judice

Describing a matter that is currently under consideration by a court, so that public or extra-judicial comment on it may amount to contempt.

Related: contempt of court, interlocutory
summons

A formal document issued by a court requiring a person to appear before it on a specified date, either as a party or as a witness.

Related: cognizance, warrant
suo motu

A Latin phrase meaning on the court's own motion; used when a court initiates action or a case itself, without a formal application by any party.

Related: contempt of court, writ petition
surety

A person who undertakes to produce an accused before the court when required and becomes liable to pay the bond amount if the accused fails to appear.

Related: bail, remand
verification

The concluding clause of a plaint, petition or affidavit in which the signatory declares which paragraphs are true to their knowledge, belief or information, and signs it.

Related: affidavit, plaint
warrant

A written order issued by a court authorising a named person, usually a police or court officer, to arrest a person, search premises or execute another judicial process.

Related: summons, bail
written statement

The pleading filed by a defendant in a civil suit, responding to the plaint by admitting or denying its allegations and raising defences and counter-claims.

Related: plaint, verification
writ petition

An application to a High Court or the Supreme Court seeking a writ such as habeas corpus, mandamus or certiorari for enforcement of fundamental rights or other legal remedies.

Related: habeas corpus, certiorari, fundamental rights
annotation

A note added to a document, register or judgment explaining, indexing or cross-referencing its contents, used in court offices to track the progress of a case.

Related: docket, index
abatement

The ending of a suit or appeal without a decision on the merits, for example because the sole plaintiff dies or the parties settle the dispute.

Related: plaint, interlocutory