Glossary (A-Z) of Legal Terms

To discharge, to find a person accused of criminal charges not guilty after trial.

The suspension a court hearing to a future date. It may be a specified date or to a date that is not fixed (this is often referred to as being adjourned sine die). Adjournments may be agreed to by consent between the parties, after consultation with the court, or may be ordered by the court.

The burden or onus of proof is the obligation to prove what is alleged. In criminal cases, this obligation rests on the prosecution (police) which must prove its case beyond reasonable doubt. In civil cases it rests on the plaintiff, who must prove the case on the balance of probabilities. Sometimes this burden shifts, for example when the defendant raises a particular defence.

A court order that directs someone to do, or refrain from doing, a particular thing. An injunction may be: 

• interim (operating until the hearing and determination of the application for an interlocutory injunction)
• interlocutory (operating until the hearing and determination of the proceeding itself) or
• final (operating after trial permanently).

A writ issued in an action requiring the person to whom it is directed to be present at a specified date and time and for a specified purpose or for the production of specified documents to the Court.