COURT OF
APPEAL > Definitions
of Legal Terms
Acquittal:
a finding of not guilty in a criminal case.
Act:
a law passed by Parliament or a provincial legislature. Also
called a statute.
Action:
a judicial proceeding in either civil or criminal law.
Adjournment:
a temporary postponement of court.
Affidavit:
a statement written down and sworn or affirmed to be true. An
affidavit is usually signed before a notary public or a
commissioner of oaths.
Affirmation:
a non-religious oath given before testifying or signing an
affidavit.
Appeal:
a request to have a higher court determine whether mistakes were
made by a lower court or tribunal. The higher court may affirm,
vary or reverse the original decision.
Appeal Book:
a bound volume of material filed by the Appellant which contains
all the documents, affidavit evidence, orders, listing of
exhibits filed, judgment and reasons of the decision of the
judge or tribunal appealed from.
Appeal allowed:
the Court has decided in favour of the Appellant (party bringing
the appeal).
Appeal dismissed:
the Court has decided in favour of the Respondent (party against
whom the appeal is brought) and against the Appellant.
Appellant:
the person or party bringing the appeal to the Court of Appeal.
Applicant:
the party that requests relief or a remedy from a court of law
or other legal body.
Book of Authorities:
a list and copies of legal cases that are relevant to the issues
and are cited in the factum.
Civil Appeal Rules:
the Civil Appeal Rules are found in Rule 57 of the Rules of the
Supreme Court, 1986.
Criminal Appeal Rules:
the Criminal Appeal Rules are known as the Supreme Court of
Newfoundland and Labrador – Court of Appeal Criminal Appeal
Rules (2002).
Cross-Appeal:
the Respondent on an appeal launches his or her own appeal
against the Appellant.
Damages:
monetary compensation for financial or property losses,
emotional or physical injuries, loss of earnings and costs of
care.
Exhibit:
evidence that was relied upon by the lower court or tribunal.
Orders and reasons for decisions may also be considered as
exhibits.
Factum:
a statement of facts and an outline of the legal argument
submitted to the Court of Appeal. It is a bound volume that is
made up of four (4) parts: a summary of the facts which relate
to the issues in the appeal; the issues in the appeal; the legal
argument; and the relief sought.
Interlocutory Order:
an order that is not a final order in a proceeding.
Judgment:
the final decision by the Court in a legal proceeding. The terms
judgment and decision are used interchangeably. A judgment may
be in writing or given orally in court.
Leave:
permission from the Court. To obtain leave (i.e. permission)
from the Court of Appeal you must file an application and
affidavit with the court, serve that application on the other
party, and appear on the assigned application date to tell the
Court why the Court should grant you permission to do the thing
you want to do, such as: to pursue the appeal or to have an
extension of time in which to file your notice of appeal.
Motion:
a request to the Court for an order or judgment during the
course of a court proceeding. Motions can be made for many
purposes, including asking for extensions of time to file an
appeal, and seeking leave (i.e. permission) to argue an appeal,
or to set a date for the hearing of the appeal. A motion must be
brought by notice and include an affidavit giving details of the
motion.
Order:
a decision of a court or other decision-making body that may or
may not be the final outcome of the matter.
Practice Notes:
notices from the Court that supplement the rules and procedures.
They provide specific instructions on the preparation of
material and other general information.
Relief:
remedy being sought before the Court of Appeal.
Reserved Judgment:
when the judge or judges do not immediately give their decision,
but issue their written decision at a later date.
Respondent:
the person who is in response to or in opposition to an appeal
brought by an Appellant, or an application brought by an
applicant.
Serve or Service:
the official delivery of legal documents to another party in the
proceeding, following specific rules as set out in Rules of the
Supreme Court, 1986 (Link to the Rules of the Supreme Court,
1986) or the Supreme Court of Newfoundland and Labrador, Court
of Appeal Criminal Appeal Rules (Link to the Supreme Court of
Newfoundland and Labrador – Court of Appeal Criminal Appeal
Rules (2002)), or any other applicable statute.
Setting down:
the setting of the appeal hearing date, as well as the filing
dates for the appeal book and the Appellant’s factum and the
Respondent’s factum.
Transcript:
a typed record of the oral proceedings of the court case or
tribunal case under appeal. It includes the evidence of the
witnesses, oral submissions and rulings made in open court. |
