AP High Court Examiner key terms
AP High Court Examiner · Get comfortable with the vocabulary.
- affidavit
- Related: deponent, verification
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.
- adjournment
- Related: cause list, docket
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.
- bail
- Related: remand, surety
The release of an accused person from custody, usually on condition of providing security or surety, pending trial or the conclusion of the case.
- caveat
- Related: petitioner, interlocutory
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.
- cause list
- Related: docket, adjournment
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.
- certiorari
- Related: mandamus, writ petition
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.
- cognizance
- Related: jurisdiction, summons
The act by which a court takes formal notice of an offence or matter, thereby acquiring jurisdiction to proceed with inquiry, trial or hearing.
- contempt of court
- Related: suo motu, sub judice
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.
- cross-examination
- Related: deposition, affidavit
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.
- deponent
- Related: affidavit, verification
A person who makes and signs an affidavit, swearing or affirming to the truth of the statements contained in it before an authorised officer.
- deposition
- Related: cross-examination, evidence
The recorded sworn testimony of a witness given in a judicial proceeding, reduced to writing and preserved as part of the case record.
- docket
- Related: cause list, index
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.
- evidence
- Related: deposition, affidavit
Facts, documents or testimony legally placed before a court to prove or disprove a disputed point, subject to rules of relevance and admissibility.
- ex parte
- Related: interlocutory, caveat
A proceeding or order made on the application of one party alone, without notice to or hearing of the other side.
- fir
- Related: cognizance, remand
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.
- habeas corpus
- Related: mandamus, certiorari
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.
- index
- Related: docket, pagination
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.
- interlocutory
- Related: ex parte, affidavit
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.
- jurisdiction
- Related: cognizance, certiorari
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.
- mandamus
- Related: habeas corpus, writ petition
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.
- pagination
- Related: index, docket
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.
- petitioner
- Related: respondent, writ petition
The person or party who files a petition or application before a court, seeking relief or the exercise of the court's powers.
- plaint
- Related: written statement, verification
The written statement by which a plaintiff institutes a civil suit, setting out the facts, the cause of action and the relief claimed.
- preamble
- Related: fundamental rights, directive principles
The introductory statement of the Constitution declaring its source of authority and its objectives, such as justice, liberty, equality and fraternity.
- fundamental rights
- Related: writ petition, preamble
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.
- directive principles
- Related: preamble, fundamental rights
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.
- remand
- Related: bail, cognizance
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.
- respondent
- Related: petitioner, caveat
The party against whom a petition or appeal is filed and who is called upon to answer the case before the court.
- sub judice
- Related: contempt of court, interlocutory
Describing a matter that is currently under consideration by a court, so that public or extra-judicial comment on it may amount to contempt.
- summons
- Related: cognizance, warrant
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.
- suo motu
- Related: contempt of court, writ petition
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.
- surety
- Related: bail, remand
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.
- verification
- Related: affidavit, plaint
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.
- warrant
- Related: summons, bail
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.
- written statement
- Related: plaint, verification
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.
- writ petition
- Related: habeas corpus, certiorari, fundamental rights
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.
- annotation
- Related: docket, index
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.
- abatement
- Related: plaint, interlocutory
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.