Glossary of legal terms

An issue raised by the court of its own motion.

A point reaised by the claimant or by another party.

Impediments that may justify the non-compliance with time limits.

In common law, physical or documentary evidence (such as correspondence between the parties) presented to the court by means either of affidavit or sworn evidence.

Professional who is designated by a court, on account on his/her expertise in a particular field, to give an opinion on matters of fact relevant to the resolution of a case (e.g., to quantify damages in a complex economic case or to assess causality in a medical case). Experts may also deliver "expert evidence" within the area of their expertise. Their opinion may be rebutted by testimony from other experts or by other evidence or facts. Parties may choose their own experts (referred to as “counsel experts”) in order to verify, contradict or confirm the court expert’s findings.

Extinction of the trial because the claim has not been continued or resumed within a period fixed by law or assigned by the Court.

Confession made out of court and not as a part of a judicial examination or investigation.

Factual situation connected to the lack of reaction of the administrative authorities to the claimants’ requests.

In some legal systems, the law regulating the procedure establishes that this lack of response within the deadline implies a tacit rejection, in such a case the interested parties can challenge judicially the tacit rejection of their application, without having to wait for the issuance of an express resolution.

Failure of the administration to comply with the obligation to provide specific services in favour of those who are holders of benefits provided by a law or by virtue of acts, contracts, or administrative agreements.

Ground of review of administrative acts concerning situations in which administrative authorities breached the principle of grounding in a clear and unequivocal fashion the reasoning followed by the public authority which adopted the decision.

Judgment that may no longer be appealed so that the parties are definitively bound by the decision.

The examination of the results of the evidence by the judge. In carrying out this assessment, judges are not bound, in principle, by any statutory rules regarding the evidence but must evaluate in accordance with their personal conviction whether or not the evidence is sufficient. There is no hierarchy applicable to means of proof.

Criterion used by the jurisprudence (or provided by law) to determine, in interim measures applications, if the claim appears well-founded or there is the likelihood of success of the case on the merits.

Failure on the part of the administrative authorities to respond to claimants’ requests corresponding to an implicit/implied decision of approval/rejection.

Judicial decision to be taken:

1. to ascertains tardiness in the notification or depositing;
2. when there is a lack of interest or standing, or there are other reasons impeding a decision on the merits;
3. when there are new reasons impeding a decision supervene over the trial (for example: during proceedings arises the lack of interest of the parties in the decision).