Provincial Court of Appeals Terminology

Advocate

A party can freely appoint an advocate. The role of the advocate is to ensure all rights of the party have been protected throughout the duration of the trial.

Defender of the Bond

Appointed in a diocese for cases concerning the nullity of sacred ordination or the nullity or dissolution of a marriage; the defender of the bond is bound by office to propose and explain everything that reasonably can be brought forth against nullity or dissolution

First Instance Court

The marriage tribunal. The presumption of Catholic Church law is that a person’s first marriage is binding until death unless proven otherwise. This applies to all marriages, not just those of Catholics. The ministry of the tribunal is to determine if a person is free to enter a new marriage in the Catholic Church or not. Such persons now permanently separated from their spouses (who are still living) may be either Catholics who married in a Catholic Church ceremony or one accepted by the Church (the Chancery deals with cases where they married outside the Church without permission - Form VIII), or non-Catholics now wishing to marry a Catholic.

Judicial Vicar

Each diocesan bishop is bound to appoint a judicial vicar with ordinary power to judge, distinct from the vicar general. The judicial vicar constitutes one tribunal with the bishop but cannot judge cases that the bishop reserves to himself. Must be a priest, of unimpaired reputation, with a doctorate, or at least a license, in canon law, and not less than thirty years of age. When the see is vacant, the judicial vicar does not cease to function and cannot be removed by the diocesan administrator; when the new bishop arrives, however, he must be confirmed.

nihil obstat

Official approval, especially of an artistic work (Latin for “nothing hinders”)

Promoter of Justice

Appointed in a diocese for contentious cases that can endanger the public good and for penal cases; bound by office to provide for the public good

Province of Atlanta

To promote the common pastoral action of different neighboring dioceses according to the circumstances of persons and places and to foster more suitably the relations of the diocesan bishops among themselves, neighboring particular churches are to be brought together into ecclesiastical provinces limited to a certain territory. The Province of Atlanta comprises the Archdiocese of Atlanta, Georgia; the Diocese of Savannah, Georgia; the Dioceses of Raleigh and Charlotte, North Carolina; and the Diocese of Charleston, South Carolina.

Res iudicata

An adjudged sentence

Restitutio in integrum

Granted against a sentence that has become res iudicata provided injustice is clearly established

Rotal sentence

The sentence of a case judged by the Roman Rota

Roman Rota

The ordinary tribunal established by the Roman Pontiff to receive appeals (Literally, the Roman wheel)

Second Instance Court

The Provincial Court of Appeals.