A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

Glossary
absolute
Unconditional, free from restriction or limitation, complete, not contingent on.
accede
To consent to something, or to enter a treaty or accord.
amicus curiae
Latin term meaning “a friend <strong>of</strong> the court”. An amicus curiae has no personal interest
in the case and does not advocate a point <strong>of</strong> view in support <strong>of</strong> one party or another.
The court may hear an amicus curiae if it considers it in the interests <strong>of</strong> justice to do
so.
appeal
An application to a higher court or tribunal to review or reverse a decision <strong>of</strong> a lower
court or tribunal. An appeal may be as <strong>of</strong> right, or may depend on the higher tribunal
or court consenting to the appeal.
appellant
A party against whom an unfavourable decision has been made in a court or tribunal
and who applies to have the decision reconsidered by a higher court or tribunal.
bequeath
The act <strong>of</strong> giving property or assets through the terms <strong>of</strong> a will.
bona fide
To do something honestly and in good faith, or to act without fraud or collusion.
certiorari
Latin term meaning “to be informed”. A type <strong>of</strong> remedy issued by a court. A writ
<strong>of</strong> certiorari is a form <strong>of</strong> judicial review whereby a court is asked to consider a legal
decision <strong>of</strong> an administrative tribunal or lower court and to decide if the decision
has been regular and complete or if there has been an error <strong>of</strong> law. For example, a
certiorari may be used to quash a decision <strong>of</strong> an administrative tribunal which was
made in violation <strong>of</strong> the rules <strong>of</strong> natural justice, such as a failure to give the person
affected by the decision an opportunity to be heard.
common law
Historically, a body <strong>of</strong> unwritten law derived from the traditional laws <strong>of</strong> England
based on case law precedents and interpretation.
complainant
Generally a person who lodges a complaint with a court, or other decision maker.
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