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Difference between revisions of "Terminology"
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;error of law:A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching their decision. This is the most common ground of appeal. See "appeal" and "error of fact." | ;error of law:A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching their decision. This is the most common ground of appeal. See "appeal" and "error of fact." | ||
;estate:In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death. | ;estate:In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death. | ||
;''et al.'':A Latin phrase meaning "and others," short for ''et alia'' ― because "alia" is just such a pain to write out. | ;''et al.'':A Latin phrase meaning "and others," short for ''et alia'' ― because "alia" is just such a pain to write out. Used in a style of cause (e.g. ''Smithwick et al v. Miller'') to indicate that there are more parties to a legal action than are listed. See "style of cause." | ||
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay," and "testimony." | ;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay," and "testimony." | ||
;evidentiary burden:The obligation of a party to prove their case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove their case on the balance of probabilities. | ;evidentiary burden:The obligation of a party to prove their case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove their case on the balance of probabilities. | ||
