This refers to the lawful taking of another into custody by a person who is not a law enforcement official (cop).
A person may, without warrant, arrest another person who has just committed, or is in the process of committing an indictable (serious) offence.
See: CRIMES ACT 1914 - SECT 3Z
A person who's made a citizen's arrest must arrange, as soon as practicable, for the arrested person to be delivered into the custody of a constable.
Thread: Daily legal terms
Results 81 to 100 of 132
27-Mar-2012 12:11 AMO you who believe! Stand out firmly for All‚h as just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear All‚h. Verily, All‚h is Well-Acquainted with what you do. (Al-Mā'idah: 8)
28-Mar-2012 06:21 PM
In court proceedings, a question to a witness that directly or indirectly suggests a particular answer, or that assumes the existence of a disputed fact, in relation to which the witness has not given evidence before the question is asked.
For example: "It's his fault isn't it?"
Generally, a leading question must not be put to a witness in examination-in-chief or re-examination but there are limited exceptions (Mooney v James ).
Despite this rule, it's a common occurrence in the court room. When it occurs, the barrister gets told off by the judge like a little child.
Leading q.gifO you who believe! Stand out firmly for All‚h as just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear All‚h. Verily, All‚h is Well-Acquainted with what you do. (Al-Mā'idah: 8)
30-Mar-2012 01:44 AM
An Arabic term referring to the consensus of Islamic scholars and jurists on an aspect of Islamic law.
It is one of the methods used in Islamic legal reasoning or jurisprudence (fiqh).
rsz_consensus (1).jpgO you who believe! Stand out firmly for All‚h as just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear All‚h. Verily, All‚h is Well-Acquainted with what you do. (Al-Mā'idah: 8)
30-Mar-2012 10:50 AM
Not sure if this is a legal term, but what does "without prejudice" mean ?
Was involved in a car accident a while back, and the lady wrote a letter with that at the top, and then went on to say she was going to her lawyers if I didnt pay up, even though the matter was with the insurance company
30-Mar-2012 11:18 AM
However, substance, not form, will determine whether a letter is 'without prejudice' or otherwise. Such 'without prejudice' communications are only protected if it's connected with some sort of negotiation process to resolve the dispute. Otherwise, if there is no negotiation involved, the letter won't be protected even if it has that marking.
Many people, including lawyers, use the term indiscriminately and it makes them look unprofessional.
Insha'Allah that helps.
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31-Mar-2012 01:08 AM
A paralegal, also known as a 'assistant' or 'legal executive', is a person who performs legal, quasi-legal, or related work, although not admitted as a legal practitioner (lawyer).
The principal or partners of the legal practice have ultimate responsibility for the proper supervision of a paralegal in the conduct of legal matters.
02-Apr-2012 05:32 PM
The capacity of the Federal Parliament under the Commonwealth Constitution to control the nation's finances.
The most important of these powers include:
- taxation power, s 51 (ii);
- the borrowing power, s 51 (iv);
- the currency power, s 51 (xii);
- the banking power, s 51 (xiii); and
- the appropriation power, s 81.
03-Apr-2012 01:55 PM
This is a conventional phrase in a lawyer's bill of costs to indicate that a reduction is being made. For example, '$4000 but say $3500' indicates that the normal cost is $4000 but the client will be billed for the reduced sum of $3500. See below for an actual example - sorry I'm not very "paint-savvy" but you get the idea:
04-Apr-2012 06:36 PM
06-Apr-2012 01:29 AM
The theory of law; the study of the principles of law and legal systems and their fundamental philosophical basis.
A legal scholar.
07-Apr-2012 02:08 AM
An offence at common law of having carnal knowledge of a woman without her consent.
See: Papadimitropoulos v R (1957) 98 CLR 249;  ALR 21;  HCA 74
In some jurisdictions including Victoria, there are statutory forms of the offence, under which rape is the sexual penetration of another person without consent while being aware that the person is not, or might not be, consenting; or the failure to withdraw from a person who is not consenting on becoming aware that the person is not, or might not be, consenting.
See: Crimes Act 1958 (Vic) s 38
Mods, please feel free to delete this post if you feel it is inappropriate, even at the slightest.
09-Apr-2012 07:51 PM
Eggshell skull rule
Generally used in the law of torts, it is the rule requiring a tortfeasor (the person who committed the wrongful act(s)) to take his or her victim as the tortfeasor finds him or her, with all the victim's weaknesses, beliefs, and reactions as well as his or her capacities and attributes, physical, social, and economic:
Nader v Urban Transit Authority of New South Wales (1985) 2 NSWLR 501.
Once it is established that the defendant could have foreseen some injury of the kind suffered by the plaintiff, the defendant is responsible for the full extent of the damage to the plaintiff, even though, owing to some unusual weaknesses or defects peculiar to the plaintiff, the damage was greater than that which would have been suffered by the ordinary person:
Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383;  ALR 253;  HCA 60.
eggshell skull rule.jpg
16-Apr-2012 02:27 AM
United States of America.
18-Apr-2012 12:31 AM
Persons who are closely and directly affected by NEGLIGENT acts, omissions or statements that they should have been in contemplation of the wrongdoer as likely to suffer physical or economic harm:
The neighbour principle was first founded in Donoghue v Stevenson  AC 562, 580.
23-Apr-2012 05:51 PM
Postponement or suspension of the hearing of a case until a future date.
An adjournment is a procedural order made by the court under the relevant rules of court (e.g. Supreme Court Rules (NT) s 46.06).
The court may adjourn proceedings to a fixed date (called the return date) or to a date to be fixed, generally on such terms as it thinks fit.
The decision to grant an adjournment is largely discretionary and will not generally be overturned by a higher court.
In my opinion, courts are way too lenient in adjourning cases causing a backlog. I've seen people ask and be granted an adjournment for the silliest reasons which has led people and lawyers to abuse the system.
26-Apr-2012 12:25 AM
Perjury and Perverting the course of justice
Both terms have overlapping meanings.
At common law, perjury consists of a witness who knows evidence to be false, or does not believe it to be true, giving that evidence on oath or affirmation in a judicial proceeding.
The evidence must relate to a material fact or issue; it can be an oral statement in the witness box or in a document used in the judicial proceedings.
Take for example Marcus Richard Einfeld, a retired Australian justice of the Federal Court of Australia and the Supreme Courts of New South Wales, Western Australia and the Australian Capital Territory; a former President of the Human Rights and Equal Opportunity Commission; a UNICEF Ambassador for Children; a longtime spokesperson both for and against Israeli and Jewish causes; served as an executive member of the New South Wales Jewish Board of Deputies and as a Councillor on the Executive Council of Australian Jewry; patron of the Australian Association of Jewish Holocaust Survivors and Descendants and of the Sydney Jewish Museum and a convicted perjurer.
His public life came to an end in 2009 when he became the first Australian former superior court judge to be imprisoned. He was sentenced to three years in prison for perjury and for attempting to pervert the course of justice.
He received a $77 speeding ticket, claimed a friend, US professor Teresa Brennan, had been driving the car in 2006 but it later emerged she had died three years earlier. He continued to lie and was sentenced for it.
On 23 July 2009 the NSW Court of Appeal found that he was guilty of professional misconduct, was not a fit and proper person to remain on the roll of lawyers and ordered he be removed from it.
28-Apr-2012 02:42 PM
(1) The police officer who swears an information against an accused.
(2) A complainant or witness to an offence who volunteers information leading to charges being laid.
29-Apr-2012 02:07 AM
The person who swears or affirms an affidavit.
One who makes a deposition.
05-May-2012 08:23 PM
Consent to marriage
A freely given agreement by a man and a woman to enter into a marriage.
If one part's consent is not real consent because it was obtained by duress or fraud, or because of mistake as to the identity of the other party or as to the nature of the ceremony, or because of mental incapacity, the marriage is void:
Marriage Act 1961 (Cth) s 23B(1)
An applicant who claims that fraud vitiated his or her consent must show that the fraud relates to the identity of the other party or the nature of the ceremony, and not the motives of a party in entering a marriage:
In the Marriage of Hosking (1994) 18 Fam LR 581; FLC 92-579.
Accordingly, it is insufficient that a party falsely represented that they were rich or did not disclose the fact that they were pregnant:
C v C  NZLR 356; Moss v Moss  P 263; (1987) 77 LT 220.