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Key legal terms explained
- What is a ‘lawyer’?
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A lawyer is a person who can help people with legal problems. Lawyers can explain the law to people, and talk for people in Court.
- What is a ‘client’?
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A client is the person who is getting help from a lawyer. A client can tell the lawyer what they want the lawyer to do. This is called‘giving instructions’.
- What is ‘confidentiality’?
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KWILS lawyers have a duty of confidentiality. This means that the information you share with us remains private unless you give us permission to share it or we have to share it by law.
- What is a ‘conflict of interest’?
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A conflict of interest is when a law practice, like KWILS, cannot represent different people in a court case. This is because we owe a duty of loyalty to clients to act in their best interests. KWILS cannot do this if we have represented another person involved in your legal problem. For example, if we have represented your aunty in applying for a Domestic Violence Order (DVO) against yourself, we cannot then represent you in applying for a DVO against your aunty. We already have represented your aunty, and therefore cannot represent you.
When you come to KWILS and ask for help, one of the first things we do is to check for a‘conflict of interest’. This means checking your name in the computer system, and if we represent somebody you have had conflict with.
- What is an ‘oath’ and an ‘affirmation?
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An oath and affirmation is a promise to tell the truth. When a witness tells a story in court, they must promise to tell the truth. An oath is when the witness makes this promise to God by putting their hand on a bible. An affirmation is when the person says the promise to the Judge.
- What is a ‘witness’ and a ‘witness statement’?
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A witness is a person who sees or hears something that will help the Court decide the facts of a case. The police will sometimes ask for a witness statement.
A witness statement is a story that tells a witness’ story about what they saw or heard. The witness will write out and sign the paper. By signing the paper, they are promising that the witness statement is true.
- What is a ‘victim impact statement’?
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A victim impact statement is a story written on paper by a victim for the Court to read about a crime that somebody has committed to them. The victim impact statement is the victim’s story and explains how the crime has hurt the victim, how it made them feel and what has happened since the crime occurred.
The victim will often have the help of police, witness assistance, or a lawyer to help write out this story.
- What is an ‘affidavit’?
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An affidavit a story that is written down on paper by a witness for the Judge to read. When the witness signs the paper, this means that the witness is promising the court that the story is true.
- What is a ‘Bailiff’?
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A Bailiff is a person who has the legal power togive, or‘serve’, legal documents, warrants, and arrests to people.
- What is a ‘court mention’?
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A court mention is a date for all the people involved in the legal issue to go to court to talk with the Judge what is happening with the court case.
- What does it mean when court is ‘adjourned’?
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If a court case is adjourned, the Judge has not yet made a final decision, and the court case is put off to a later date.
- What does it mean when an order is ‘varied’?
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If an order is varied, it means that the rules of the order have been changed.
- What does it mean when an order is ‘revoked’?
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If an order is revoked, it means the order is taken back or stopped.
- What is a ‘breach’?
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A breach is when someone does not follow the rules of an order. A person who breaches an order may be punished in court.