Common Legal Words Used in Court
Written by: Karabo Samunzala
Edited by: Tshegofatso M Seretse (Nee Gareegope)
Introduction
Navigating the legal world can feel like stepping into a foreign country where everyone speaks a different language, especially when you’re a self-actor, see previous article on representing yourself in court here. Words like “applicant”, “respondent”, “plaintiff” and “defendant” might sound intimidating, but they’re just labels for the people involved in legal cases. So, if you’re representing yourself in court or just curious about how the legal system works, this read is for you!
Applicant vs. Respondent
The Applicant is the one who files an application with the court asking for something-such as a restraining order, a name change or a custody arrangement.
The Respondent on the other hand, is the person who responds to that application.
These words are normally used in an Application proceedings at court. An application is a specific request made within an action proceeding in court. For example, filing for a divorce is an action, while asking for a temporary custody during the divorce is an application proceeding.
Plaintiff vs. Defendant
The Plaintiff is the person who brings the lawsuit to court, claiming that they have been wronged in some way.
The Defendant is the person being sued, the one accused of causing the problem.
These words are normally used in an action proceeding, this is a broader term referring to a lawsuit or legal proceeding. It is the overall process of resolving a dispute in court. See more here.
Ex Parte
‘Ex Parte’ is a latin phrase that means “from one side”. In legal terms, it refers to a situation where only one party is present in court, usually because the matter is urgent or the other party doesn’t need to be involved. For example, a judge might grant an ex parte order for a temporary restraining order to protect someone from immediate harm.
Amicus Curae: The Friend of the Court
Amicus curae translates to “friend of the court”. This is someone who isn’t directly involved in the case but has expertise or an interest in the outcome of the matter before court. This role is often used in high profile cases that could set important legal precedents. It’s a way for experts or advocacy groups to weigh in on important issues. Remember the famous case of Letsweletse Motshidiemang v The Attorney-General (LEGABIBO as amicus curiae) popularly known as the LEGABIBO case. LEGABIBO was the amicus curae, a friend of the court in that case.
Why are Legal Words important?
Understanding the difference between different legal words especially those used in court helps you to navigate the legal process more effectively. If you’re representing yourself or hiring a lawyer, you will need to know whether you’re starting and action or application. Also which words to use when referring to yourself in that matter.
Fun Fact: Origins of Legal Terms
Many legal terms come from Latin, the language of ancient Rome. This is because much of modern law is based on Roman legal principles. So when you’re using terms like “ex parte” or “amicus curiae”, you’re actually speaking a bit of ancient history :-).
Remember
The legal world doesn’t have to be so intimidating, by understanding these terms, you’re already one step ahead. Whether you’re an applicant, respondent, plaintiff or otherwise, knowing the law empowers you to navigate the system with confidence. So the next time you hear someone say, “Ah, yes, the friend of the court!”, you will know what it means.
Have you heard of these words before? Which word did you find most interesting?
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