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Legal Terms Glossary

Courts of Saskatchewan

Courts of Saskatchewan

Legal Glossary

Court Resources

Saskatchewan Coat Of Arms
  • accused A person who is charged with an offence.
  • acquittalA finding of not guilty in a criminal case.
  • actA law passed by Parliament or a provincial legislature; also called a statute.
  • adjournmentA temporary postponement of a court hearing.
  • affidavitA statement written and sworn to be true before a notary public or a commissioner for oaths.
  • affirmation A non-religious oath given before testifying or signing an affidavit.
  • appeal allowed The Court has decided or ruled in favour of the appellant.
  • appeal bookA bound book that must be filed by an appellant containing material that was in front of the lower court, such as pleadings, affidavits or transcript and exhibits, as well as the decision being appealed and the notice of appeal.
  • appeal dismissedThe Court has decided or ruled in favour of the respondent and against the appellant.
  • appearance noticeA form issued by a police officer requiring the appearance of an accused to answer to a charge; it outlines the date, time and location of court.
  • appellantThe person who brings an appeal.
  • application for leave to appealThe procedure for requesting the Court's permission to hear an appeal.
  • book of authoritiesA book of photocopies of decisions of other courts or tribunals, relied upon in a written argument or factum, and put together by the appellant, or respondent, separately or jointly, and filed with the Court.
  • case lawLaw developed by judges through decisions of courts and similar tribunals (as opposed to statutes adopted through the legislative process); also known as common law.
  • chambersA type of hearing that differs from a full trial; usually deals with procedural issues that come up as a court case progresses.
  • civil rulesRules governing practices or procedures before the court on civil appeals.
  • common lawLaw developed by judges through decisions of courts and similar tribunals (as opposed to statutes adopted through the legislative process); also known as case law.
  • court of recordA court whose proceedings are recorded.
  • cross-appealAn appeal filed by a respondent if the respondent decides to commence his or her own appeal against the appellant.
  • damagesMonetary compensation for financial or property losses, emotional or physical injuries, loss of earnings, and cost of care.
  • date of judgmenta. the date of filing written reasons for judgment or fiat with the registrar, local registrar, or chambers clerk of the lower court; or b. where the judgment or order has been pronounced in court or chambers with no provision for written reasons to follow, the date of the oral pronouncement.
  • defendantThe individual, company, or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action.
  • electionA person charged with having committed an indictable offence (except treason and murder) may elect (choose) to be tried by a Provincial Court judge, a Queen’s Bench judge alone or a Queen’s Bench judge and jury.
  • exhibitPhysical evidence that was relied upon by a court or tribunal, such as documents, photographs, etc.
  • factumA statement of facts and an outline of the legal argument submitted to the Court of Appeal; a person representing himself or herself does not file a factum, as such, but files a written argument in civil matters.
  • indictable offenceA more serious criminal charge that carries a higher penalty as compared to a summary offence.
  • Inherent JurisdictionA publication ban has been ordered in relation to this matter pursuant to the Court’s inherent jurisdiction. It is the responsibility of the members of the public who attend court proceedings to inform themselves of the exact nature of the publication ban and to ensure compliance with it. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • interlocutoryRefers to a decision or order that is not final, it is an incidental or procedural decision or order on a matter that arises after the beginning of a proceeding but does not finally determine the matter in dispute.
  • judgmentThe decision of the Court; a judgment may be in writing or given orally in court.
  • judgment registryA single, searchable public registry managed by ISC where all judgments eligible for enforcement in Saskatchewan can be registered.
  • letters of administrationA court order that is granted when the deceased person died without a will that proves the authority of the person or persons named therein to deal with the property of the deceased person.
  • letters probateA court order that is granted when the deceased person left a will and named an executor and that proves the authority of the person or persons named therein to deal with the property of the deceased person.
  • lower courtThe court that made the decision that is being appealed – usually the Court of Queen’s Bench for Saskatchewan but occasionally the Provincial Court of Saskatchewan.
  • motionAn application to the Court for an order or judgment during the course of a court proceeding, brought by notice to the other side and supported by an affidavit.
  • Not SpecifiedA publication ban has been ordered in relation to this matter. It is the responsibility of the members of the public who attend court proceedings to inform themselves of the exact nature of the publication ban and to ensure compliance with it. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • notice of appealThe form completed by the appellant to start the appeal process.
  • panelWhen referring to a panel of the Court of Appeal, the judges (usually three) of the court who hear an appeal.
  • perfectedA perfected appeal is one that is ready to be scheduled for a hearing. A civil appeal is perfected when the last factum is filed.
  • PlaintiffThe person who brings a case against another in a court of law.
  • preliminary hearingA hearing before a Provincial Court Judge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary hearing only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen’s Bench; also known as a preliminary inquiry.
  • preliminary inquiryA hearing before a Provincial Court judge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary inquiry only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen’s Bench; also known as a preliminary hearing.
  • probationA punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule.
  • puisneA regular judge of the Court, as distinguished from the Chief Judge or Chief Justice.
  • registry officeThe office where documents are filed with the court.
  • reliefThe remedy being sought before the Court.
  • reserved decisionA decision that is not given immediately after a case is argued but which is kept under consideration by a judge or panel until a later date when a written decision is provided.
  • reserved judgmentWhen the decision of the Court is not given at the hearing but issued on a future date.
  • respondentA person against whom an appeal is brought and who must respond to the appellant's case, or the person who responds to an application by an applicant.
  • Rules of CourtThe rules of procedure that govern all proceedings before the Courts; each Court has its own rules of procedure.
  • s. 486.4The identity of the victim or witness or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 486.4*The identity of the victim or witness or any information that could disclose their identity, including the identity of the accused, shall not be published in any document or broadcast or transmitted in any way. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 486.31The identity of a witness or any information that could disclose their identity shall not be disclosed in the course of the proceedings. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 486.5(1)The identity of the victim or a witness or any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 486.5(1)*The identity of the victim or a witness or any information that could identify the victim or witness, including the identity of the accused, shall not be published in any document or broadcast or transmitted in any way. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 486.5(2)The identity of a justice system participant including any undercover operators, or any information that could disclose their identity, shall not be published in any document or broadcast or disclosed in any way. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 517The evidence taken, information given, or the representations made and the reasons given at a show cause (bail) hearing shall not be published in any document or broadcast or transmitted in any way until a preliminary hearing is held and the accused is discharged, or if the accused is ordered to stand trial, the trial has ended. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 539The evidence taken, submissions or representations made or the reasons given at or in respect of the preliminary inquiry conducted in this proceeding shall not be published in any document or broadcast or transmitted in any way until the accused is discharged or, if the accused is ordered to stand trial, the trial has ended. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • s. 631(6)The identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • serve or serviceThe official delivery of legal documents to another party in the proceeding.
  • setting downThe setting of the hearing date.
  • statuteA law passed by Parliament or a provincial legislature; also called an act.
  • stay of executionTo postpone the enforcement of a judgment or order pending a decision of the court of appeal.
  • subpoenaA document issued under the authority of a court to compel the appearance of a witness.
  • summary conviction offenceAn offence of a less serious nature and carrying a lesser penalty than an indictable offence.
  • summary offenceAn offence of a less serious nature and carrying a lesser penalty than an indictable offence.
  • summonsAn order requiring an accused to appear in court to answer to a charge; the summons outlines the date, time, and location of the court appearance.
  • supernumeraryUnder the Judges Act, a judge who has been in office for at least 15 years and has combined age and years of judicial service of not less than 80 may elect to hold office as a supernumerary judge and thereby hear a reduced number of trials or appeals.
  • transcriptA typed recording of the proceedings of the court or tribunal.
  • tribunalThe name given to a decision–making body established by statute which is not a court; examples include the Law Society of Saskatchewan and the Workers' Compensation Board.
  • Voir DireThe evidence taken, information given, or the representations made and the reasons given during the voir dire shall not be published in any document or broadcast or transmitted in any way until further order of the Court. For more details about the specific nature of the publication ban, please contact the appropriate Registrar’s Office.
  • witnessA person who gives evidence in a case.
  • written argumentA document, which is no longer than 15 pages, that explains what your appeal is about if you are the appellant or that responds to the appeal if you are the respondent.
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