KSL ATP Civil Litigation key terms

The legal authority of a court to hear and determine a particular dispute. It depends on the type of case, the parties involved, and the geographical area the court covers.

The geographical area within which a court may lawfully exercise its authority. A suit is generally filed where the defendant resides, works, or where the cause of action arose.

The limit on the monetary value of claims a particular court may hear. A court cannot try a suit whose subject value exceeds its statutory ceiling.

The right of a person to be heard by a court because they have a sufficient legal interest in the matter. A party without standing cannot maintain the suit.

The set of facts that gives a person the legal right to sue another. It must exist at the time of filing and is the foundation of every claim.

The formal written statement by which a plaintiff initiates a civil suit. It sets out the facts, the claim, and the relief sought from the court.

The defendant's formal reply to the plaint, in which each allegation is admitted or denied and any counterclaim or defence is raised.

A claim brought by the defendant against the plaintiff within the same suit. It is pleaded in the written statement and is treated like an independent suit.

A defence by which the defendant asks the court to adjust a debt owed to them against the plaintiff's claim, reducing or extinguishing the amount payable.

The formal court document issued to a defendant, informing them of the suit and requiring them to appear and answer within a stated time.

The legally valid delivery of court documents, such as a summons or plaint, to a party. Proper service is essential for the court to proceed against that party.

A method of service ordered by the court when ordinary service cannot be effected, such as by affixing the summons to the defendant's premises or publishing it in a newspaper.

Proceedings conducted in the absence of one party, usually because that party failed to appear despite proper service. The court may proceed and decide the matter on the evidence available.

A request made to the court during the course of a suit for an interim order or direction, such as an injunction or extension of time, before final judgment.

An interim order restraining a party from doing a specified act until the suit is decided. It preserves the status quo and prevents irreparable harm.

The existing state of affairs between the parties. Courts often order that it be maintained pending determination of the dispute.

The formal written statements of the parties, namely the plaint and written statement, which define the issues the court must decide.

The specific questions of fact or law that arise from the pleadings and that the court must determine at trial to decide the suit.

The obligation on a party to prove a fact or claim to the required standard. It generally rests on the party who asserts the affirmative of an issue.

The degree of certainty required to establish a fact. In civil cases it is usually proof on a balance of probabilities.

The first questioning of a witness by the party who called them, aimed at eliciting the evidence the witness can give in support of that party's case.

The questioning of a witness by the opposing party, intended to test the truth and reliability of the evidence and to bring out facts favourable to that party.

Questioning of a witness by the party who called them after cross-examination, limited to explaining matters raised during cross-examination.

The quality of evidence that makes it acceptable for the court to consider. Relevant evidence may be excluded if a legal rule, such as privilege, bars it.

The connection between a piece of evidence and a fact in issue. Evidence is relevant if it makes a fact more or less probable.

A legal right that protects certain communications, such as those between lawyer and client, from being disclosed or used as evidence in court.

The court's reasoned decision on the issues in a suit, stating the findings and the grounds on which the decision rests.

The formal expression of the court's adjudication, which conclusively determines the rights of the parties in the suit. It follows from the judgment.

The process by which a decree is enforced, allowing the decree-holder to realise the relief granted, for example by attachment and sale of property.

A court order seizing a judgment-debtor's property to prevent its disposal and to satisfy a decree, often followed by sale.

A third party who owes money to a judgment-debtor. The court may order that party to pay the debt directly to the decree-holder in satisfaction of the decree.

A challenge to a decision brought before a higher court, asking it to review and reverse or vary the lower court's judgment.

The power of a higher court to examine the record of a subordinate court and correct errors of law or irregularity, even where no appeal lies.

The written document by which an appellant sets out the grounds of appeal and the relief sought from the appellate court.

The specific reasons why an appellant says the lower court's decision is wrong, such as misdirection on law or a finding unsupported by evidence.

The legal principle or reasoning that is essential to a court's decision. It binds lower courts where the decision is from a superior court in the same hierarchy.

A remark by a court that is not essential to its decision. It is persuasive but not binding on later courts.

A previous judicial decision that a court is bound or persuaded to follow when deciding a similar case, promoting consistency in the law.

The doctrine that courts should stand by decided matters and follow earlier rulings of superior courts in the same hierarchy.

Methods of resolving disputes outside ordinary litigation, such as negotiation, mediation, and arbitration, often faster and less costly than court proceedings.

A voluntary process in which a neutral third party helps disputing parties reach their own agreement, without imposing a decision.

A process in which parties refer their dispute to a neutral arbitrator who hears the case and issues a binding award enforceable like a court decision.

The decision made by an arbitrator or arbitral tribunal on the matters referred to them, which is binding on the parties and enforceable.

The court's active control of the progress of a case, through timetabling, directions, and conferences, to ensure efficient and timely disposal.

The confidentiality attaching to communications between a lawyer and client for legal advice or litigation, which the client may refuse to disclose.

A situation where a lawyer's personal or other interests, or duties to another client, may compromise their duty of loyalty to the client.

The duty of a lawyer to act in the client's best interests with loyalty, good faith, and honesty, placing the client's interests above their own.

The skill of preparing precise and clear legal documents, such as pleadings, applications, and submissions, that accurately express the client's case.

The skill of presenting a client's case persuasively before a court, through argument, examination of witnesses, and submissions on law and fact.