Affidavit: A document containing a sworn statement in writing used as evidence in judicial proceedings.
Alleged: Used to describe charges etc, made in the course of criminal proceedings, which have yet to be proved.
Award: A decision of arbitrators on points submitted to them; the document containing such decisions; a decision of an Arbitration Court or Conciliation Commissioner.
Banco: Applied to sitting of the Supreme Court as a Full Court as distinguished from sitting of single justices. Also the court in which the Full Court sits.
Barrister: A member of the legal profession qualified to plead at the Bar. In NSW, he or she does not also carry on the business of a solicitor.
Brief: An abridged statement of a case by a solicitor for the instruction of counsel.
Caveat: A formal notice forbidding a transaction, and lodged with a public officer.
Certiorari: The name of a writ directed by a superior court to an inferior tribunal whereby a judgment, order or other proceeding is brought up for revision.
Counsel: Barrister.
Count: A separate and distinct charge in an indictment.
Decree nisi, decree absolute: First and second stages in proceedings for divorce. Decree nisi, decree or order to take effect from a certain future date unless cause be shown meanwhile to the contrary.
Decree absolute finally dissolves the marriage.
De facto: In actual fact.
Demurrer: A plea that, admitting the facts alleged, denies that they entitle to relief in law. The contention is that the facts are legally insufficient to attract any remedy. A demurrer is determined by the full court before the action is heard.
Deposition: Sworn statement of a witness taken down and signed in Court of Petty Sessions.
Estoppel: A legal rule preventing a person from denying a statement he or she has made when others have relied on such statement.
Habeus corpus: An order by writ to produce a person before a court at a stated time and place to justify his detention.
Hearsay: A rumor or report; secondhand evidence.
In camera: Hearing of a case from which the public and the press are excluded.
Indict: To charge with a crime.
Injunction: An order granted in Equity to restrain an unlawful proceeding. Granted in three states (a) interim (for a short time): (b) interlocutory (until the trial of the action); (c) perpetual (when) the case is established).
Interlocutory proceedings: Intermediate proceedings in the preparation of a case before trial.
Lien: A right by which a person is entitled to obtain satisfaction of a debt by means of property belonging to the indebted person.
Mandamus: A writ issued by a superior court directing an inferior court, public body or officer to perform some duty.
Non-suit: Decision against the plaintiff without the defendant having been called on to reply.
Plaintiff: One who brings a suit in a court of law; the originator of a legal action.
Plea: Defendant’s answer to the plaintiff’s declaration in an action at common law.
Prima facie: a case made out “at first or appearance”.
Puisne judge: Any judge of the Supreme Court other than the Chief Justice.
Quash: Annul; make void.
Queen’s Counsel: Senior barrister who does not appear in a case without the aid of a junior barrister.
Sequestrate: Seize properly temporarily for the benefit of the state or of creditors.
Sine die: Indefinitely. Court adjourned without fixing the date of resumption.
Statement of claim: An initiating document in court proceedings setting out the plaintiff’s claim in detail.
Summary offence: An offence dealt with by a magistrate as opposed to an offence tried on indictment by a jury.
Tort: A civil wrong, injury or damage as opposed either to a breach of contract or a crime.
Ultra vires: “Beyond the power”: usually “outside the jurisdiction or powers of”.
Writ: A written document of enforced obedience to an order of a court; the document by which the defendant is brought before the High Court or Supreme Court.
Writ of summons: First step in Supreme Court action. Process issued at the instance of the plaintiff to give the defendant notice of the claims made against him and compelling him to appear and answer them if he does not admit them.
NOTE: At common law, the proceeding between the parties, whether in the Supreme Court or District court, is known as an “action: If heard before a judge and jury, the jury gives a “verdict” for the side or the other. If heard by a judge alone, the judge gives” judgment” for one party or the other.
On appeal, the Full Court gives “judgment” and “allows” or “dismisses”
the appeal.
Self Assessment Exercise 5.1
Explain the following terms:
1. Defamation 2. Affidavit 3. Injunction 4. Plea
5. Prima facie
4.0 CONCLUSION
As a journalist, there is no denying the fact that you need to know the hints on court reporting at your fingertips. This will no doubt save you from unnecessary embarrassments that may accompany inaccurate report of court proceedings. Also, it will save your medium from unnecessary ridicule.
5.0 SUMMARY
This unit has emphasized some basic elementary law for you as a court reporter. It has given you the dos and don’ts of court reporting and also explained some legal terms, which are important for your job as a judicial correspondent.
6.0 TUTOR MARKED ASSIGNMENT (TMA)
Your friend has been assigned to cover court proceedings, what advice will you give him as a fresher covering the court for the first time.
7.0 REFERENCES/FURTHER READINGS
Osinbajo, Yemi and Fogam, Kadinga (1991): Nigeria Mass Media Law, Lagos Gravitas Publishers & Ltd.
Pember, Don (2003/2004) Mass Media Law, Boston, McGraw Hill.
Yakubu, Adenola (1999): Press Law in Nigeria, Lagos Malthouse Press Ltd.
MODULE 6