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Difference between revisions of "Terminology"
From Clicklaw Wikibooks
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;error of law:A ground of appeal which asserts that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal". | ;error of law:A ground of appeal which asserts that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal". | ||
;estate:The personal property and real property which a person owns or in which he or she has an interest, usually in connection with the prospect or event of the person's death. | ;estate:The personal property and real property which a person owns or in which he or she has an interest, usually in connection with the prospect or event of the person's death. | ||
;''et al.'':A Latin phrase meaning "and others", short for ''et alia''… because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now | ;''et al.'':A Latin phrase meaning "and others", short for ''et alia''… because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaced with the English phrase. See "style of cause". | ||
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence", "hearsay" and "testimony". | ;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence", "hearsay" and "testimony". | ||
;evidentiary burden:The obligation of a party to prove his or her case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. | ;evidentiary burden:The obligation of a party to prove his or her case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. | ||
