Legal Terms
Attorneys often use specific terms and these may be quite confusing if you are unfamiliar with legal proceedings. Whether you may have a Road Accident Fund, personal injury, or medical negligence claim, these are some words that are often used.
Here are a few legal terms that are explained
- Summons
A legal document that is issued by the Court in which a claim or demand is made. The Court gives the Sheriff authority to deliver the demand to the person against who the claim is made.
- Particulars of claim
This covers further details of a claim such as allegations of what happened and why one should be compensated. This is attached to the Summons document.
- Sue
To institute legal proceedings against a person or institution, typically for compensation or to enforce rights or obligations.
- Litigation
The process of taking legal action through a court.
- Jurisdiction
The right to hear a case and the official power to make legal decisions and judgments
- Appealing
One may apply to a High Court or Court of Appeal to relook at a decision of another court
- Disbursements
These are expenses that are paid.
- Medico-legal
This refers to reports or opinions where an expert in a medical profession comments on the events and injury that occurred. These experts or specialists can also comment on whether and what responsibility has to be taken for causing that injury.
- Taxation
In legal terms, this is not the same as paying Tax and has nothing to do with SARS. Taxation refers to the stage in a case where the legal costs are determined.
- Prescription
Legal action for claims have to be done within a certain time or it will lapse (fall away). Prescription is a legal principle in terms of which a debtor’s liability to pay an outstanding debt is extinguished after the passing of prescribed time periods.
- Liability (Merits)
This refers to the responsibility of another person or institution to provide compensation for their wrongdoing. If the facts of what happened to cause you damage have good merit (it qualifies as a claim), you support your case in court with evidence to prove the other party’s liability to compensate you.
- Quantum
This refers to the amount of compensation. This comes from the Latin word quanta meaning quantity or number.
- The Master of the High Court
The Master is not one specific person. It refers to a branch of the High Court to assist the public with the administration of court decisions and legal issues such as registration of Trusts; Deceased estates and Liquidations (insolvent estates);
- The Sheriff of the court
The Sheriff is an impartial and independent official of the Court appointed by the Minister of Justice and Constitutional Development who must deliver or enforce all documents issued by our courts. These include summonses, notices, warrants, and court orders.
- The State Attorney
The State Attorney is a division of the Department of Justice that represents the state in legal matters. Its clients are the different departments of government and not private individuals.