Sunday, 18 September 2016

Court Lingo Revealed. Part 2 of Several.


Charles Dickens wrote in The Pickwick Papers.

"'Why, I don't exactly know about perjury, my dear sir,' replied the little gentleman. 'Harsh word, my dear sir, very harsh word indeed. It's a legal fiction, my dear sir, nothing more.'"

I wonder what the fuck that means. Anyway, back to Australian legal idioms ....


Genius: an idiot. A person whose conduct is the sole reason his offence was detected by police; a police officer or prosecutor who persists with a prosecution that is doomed to fail; or an extremely incompetent defence counsel.
A grub is a derogatory term used to label a person the speaker considers has no redeeming qualities at all.
A lame dog is a long and confusing question, usually asked in cross-examination.
A rabid dog is a question characterised more by the viciousness of the delivery than the quality of its contents.
A rabid lame dog is a combination of both of the above.
A dead dog is a question that is easily answered by the witness.
Fruit refers to a question asked in cross-examination that allows the witness to answer it in a way most destructive to the questioner’s cause.

Some useful legal concepts.
Cavill:  to argue or disagree. Counsel only ever use it when they 'don't cavill' with their learned friend's submissions.
Gavel: wooden hammer used in antiquated court movies.
Commitment: A judge’s reference to drinks, lunch or a sporting event (often one involving drinks and lunch). eg 'I'll be adjourning early this afternoon, I have a committment.'
Authority: a previous case that the court should follow.

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