Words to expand your knowledge

Caveat:This is a word that is used ordinarily, and in the law to warn someone against an act. It suggests the need to be careful.

It also means to beware of something.In a court of law, it could be a formal notice to a judge or administrator against performance of an act that is within his power and jurisdiction. It is often used in the proving of a will, or the grant of administration where someone is asking the court, temporarily, to halt the process until that person is heard.Caveat emptor means let the buyer beware.

It is a maxim used in relation to land. A buyer must examine the land (real estate) he is buying for faults before he purchases the same.Arraignment:This is a procedure in open court where persons charged with a crime are brought before the court to plead the criminal charge against him in the indictment, or information.

The charge is read to the person and he or she is asked to plead guilty or not guilty. The High Court will then read the charge if the person is guilty and deal with it on the same day. If not guilty the person must be informed of the date when the matter will be heard.Amicus curie:This means “friend of the court.”

A person with strong interest and knowledge in a subject matter could petition the court to file a brief. A lawyer can rise (amicus) in court to offer information to the court if he has special knowledge.Indictment:An indictment is a formal charge that must be proved in the criminal branch of the High Court.

The charge must be proved beyond a reasonable doubt against the defendant. Indictments are prepared by the Director of Public Prosecution (DPP) and are read in court at the arraignment in the presence of the defendant. Offences are punishable by death, imprisonment or fines. An offender charged with the crime of murder must be charged on indictment.

Contempt of courtThe word “contempt” means scorn, disrespect and disdain. A person who is in contempt of court would have been disobedient or discourteous to the court and its officers by refusing to do what he ought to do, or by doing something that he ought not to do.

His action must have defied the authority and dignity of the court. A court has power to punish, by fine, or imprisonment at its discretion, for any scorn shown to its authority or dignity. Punishment may last as long as the contempt continues, as where it requires a person to desist from doing something.

For example, imprisonment could be discontinued when the person pays a fine.A person could be charged for contempt for disobeying a court’s order, or judgment, or for disrupting the court’s proceeding with noise, or violent behaviour in the court, or disobedience or resistance to its process. Any person, including an attorney, could be charged for contempt of court.

The judge could give a warning to one who appears in court, but it is not mandatory for him to do so.

Where a party is called to produce documents and he refuses to do so, he could be charged for contempt. The judicial hearing or trial to determine whether a person is guilty or not, is known as Contempt Proceeding and every court has the power to conduct it.

Hearing could be in civil, as well as criminal court.

Ada Johnson is a solicitor and barrister-at-law. E-mail address is: exploringthelaw@yahoo.com