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Stepping into the world of legal provisions sometimes means finding yourself in a different linguistic universe. To make your communication with our firm as pleasant as possible, we have prepared this brief glossary of terms that you will most frequently encounter in legal circles.
- Lis pendens
- A situation where another court case is already underway concerning the same matter. In practical terms, this means you cannot ‘step into the same river twice’ in court, as the court would dismiss the second claim.
- Decision on the merits
- A decision that addresses the substance of the case (the crux of the matter), rather than merely the procedural details surrounding it.
- Procedural matters
- Actions that do not directly relate to the claim itself, but to the ‘rules of the game’ in court – for example, time limits, representation or service of documents.
- Replies and rejoinders
- A back-and-forth exchange of written submissions. The claimant sends a reply to the defendant’s submission, to which the defendant may respond with a rejoinder.
- Case law
- A previous court decision (often by the Supreme Court or the Constitutional Court) which serves as a guide for similar cases in the future.
- Burden
- The obligation of a party to substantiate its claims with evidence. In legal jargon, there is often discussion as to who ‘bears the burden of proof’.
- Default
- A situation where one party fails to appear in court without excuse, which may result in a loss by ‘judgement in default’.
- Legal force vs. enforceability
- Finality means that a decision is definitive and cannot be challenged by a standard appeal. Enforceability is the point at which you can knock on the bailiff’s door.
- Prayer for Relief
- The most important part at the end of every submission – the precise wording of what you are actually asking the court to include in its judgement.
- Substitution
- When a solicitor instructs another solicitor or trainee solicitor to represent them (e.g. at a hearing) where they cannot be present themselves.
This glossary is a living document. If you come across a term that’s puzzling you, don’t hesitate to ask us – we’re here to translate the law into plain language.