Page 364 - Law and the Media

Appendix A Glossary of Legal Terms
Ex parte application An application to the court where one side only is present. Often
encountered in circumstances where emergency injunctions are sought. May be less
frequent in the future as a result of Section 12 of the Human Rights Act 1998 which
prevents hearings made in the absence of the defendant. Now known as a hearing
‘without notice’ under the Civil Procedure Rules.
Fair dealing A defence against infringement of copyright which acknowledges the wider
interest of freedom of speech by allowing the use of copyrighted material for certain
worthy purposes.
Hearsay evidence Matters that were not seen or heard directly by the person giving
evidence, for example ‘Z told me that he saw Y take drugs’ as opposed to, ‘I, myself,
saw Y take drugs’.
High court The most senior court of trial for civil litigation. Divided into the Queen’s
Bench Division, the Chancery Division and the Family Division. Cases are presided
over by a single judge. There are also Divisional Courts of each of the Divisions which
hear appeals and exercise a supervisory jurisdiction over inferior courts. Such cases are
presided over by two or three judges.
House of Lords The final court for appeals. It is unusual for a case to be taken as far as
the House of Lords unless a major point of law is involved. A minimum of three judges
hear cases although the usual number is five. Decisions are made by a majority.
Impeachment A term used in the law of the United States of America meaning the casting
of an adverse reflection of the truthfulness of a witness. Also used to describe the
bringing of criminal charges against the President, the Vice President and all officers of
the United States for treason, bribery and other crimes and misdemeanours.
In camera A legal hearing or trial held in private and from which the public is excluded.
Reporting of such cases is limited. Now known as a hearing ‘in private’ under the Civil
Procedure Rules.
Information A charge or complaint made before a magistrate, usually on oath, to institute
criminal proceedings.
Injunction An order of the court instructing a person to do (‘mandatory’) or more usually
to refrain from doing (‘prohibitory’) a certain act. May be for a short period of time
(‘interim’) or permanent (‘final’). Known as an ‘interdict’ under the law of Scotland.
Intellectual property rights The legal protection provided in respect of things that are
created by a person’s skill, labour and investment of time and money.
Inter partes application A hearing where both parties are heard by the court (as opposed
to an ex parte application). Now known as a hearing ‘on notice’ under the Civil
Procedure Rules (as opposed to a hearing ‘without notice’).
Justification Truth as a defence to a defamation action. Known as ‘veritas’ under the law
of Scotland and ‘truth’ under the law of the United States of America.
Leading questions Questions asked during a witness’s examination in court that
suggest the answer desired. Leading questions may not be asked during examination in
chief.
Legal professional privilege All confidential communications between a lawyer and his
client, and all communications between a lawyer or his client and a third party, which
come into existence for the dominant purpose of pending or actual litigation.
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