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Juridisch Engels > 4_5_6 > Flashcards

4_5_6 Flashcards

1
Q

advocate

A

lawyer who is entitled to plead in a law court

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2
Q

affidavit

A

a written statement that somebody makes after they have sworn officially to tell the truth

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3
Q

allowance

A

money paid for a particular purpose

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4
Q

alternative dispute resolution procedure

A

a procedure where both parties choose to settle matters out of court

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5
Q

answer

A

a document which contains the pleading by the defendant in response to a complaint

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6
Q

appellant (US: petitioner)

A

person who lodges an appeal against a court decision

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7
Q

appellate court

A

court of appeal, court where a case is reviewed which has already been heard in a lower court

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8
Q

attend

A

be present at

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9
Q

bailiff

A

court officer who is responsible for keeping order and assisting the judge and jurors

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10
Q

brief

A

a document containing the details about a court case

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11
Q

claimant (US: plaintiff)

A

person who starts a civil lawsuit, who brings a case before the court

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12
Q

clerk

A

employee who works for the court by taking records, and taking care of administration

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13
Q

complaint

A

in civil law, the first pleading filed on behalf of the plaintiff, which initiates a lawsuit, setting forth the facts on which the claim is based

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14
Q

contempt of court

A

behaving in a disrespectful way towards the court

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15
Q

controll the progress of a case

A

remain in charge of it, make sure it doesn’t take too long

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16
Q

county court

A

lower, local court which deals with less serious crime

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17
Q

count clerk

A

the senior employee who works for the court by taking records, maintaining records of a court and is in charge of administration. in the magistrates court where the bench will usually have no legal qualifications, this officer will be legally qualified and advises magistrates on the law relating to the case

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18
Q

crown court

A

court where serious cirminal cases are heard by a judge and jury

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19
Q

defendant (respondent)

A

person against whom the court case is brought

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20
Q

discretion

A

the power of a judge to choose freely between a range of opportunities

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21
Q

exclude

A

opposite of to include

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22
Q

expert witness

A

specialist who is called by one of the parties or the judge to give explanation

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23
Q

fee

A

payment of a lawyer

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24
Q

financial damages

A

payment made to a party that has suffered losses

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25
Q

high court

A

the uk’s highest court for civil cases and appeals

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26
Q

imposition

A

to give punishment

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27
Q

incur an expense

A

have an expense

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28
Q

injunction

A

an official order from a court for a person to stop doing something

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29
Q

judge

A

person presiding over law court, who decides whether a person is guilty and what punishment is to be handed down

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30
Q

jurisprudence

A

study of law

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31
Q

juror

A

member of the jury

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32
Q

juvenile court

A

court where a person is under the age of 18 would be tried

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33
Q

libel

A

when someone writes something that is false and damages your reputation

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34
Q

lower court

A

court of primary jurisdiction, where a case is heard for the first time

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35
Q

magistrates court

A

court in the uk where small crimes are tried

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36
Q

manage a case

A

do everything necessary for a law case to be finished efficiently and correctly

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37
Q

mediation

A

a process outside court to resolve a dispute

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38
Q

moot court

A

make-believe court, where law students argue hypothetical cases as an exercise

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39
Q

motion

A

an application to a court to obtain an order, ruling or decision

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40
Q

notice

A

a document providing notification of a fact, claim or proceeding

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41
Q

pleading

A

a formal written statement setting forth the cause of action or the defence in a case

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42
Q

proceed

A

to go ahead

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43
Q

reasonably prudent person

A

hypothetical person who uses common sense

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44
Q

remedy

A

solution, that which puts right what has been wronged

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45
Q

representation

A

statement

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46
Q

settle a case

A

come to a conclusion which is acceptable to all parties

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47
Q

slander

A

when someone says something that is false and damages your reputation

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48
Q

small-claims court

A

court where cases involving a limited amount of money are handled

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49
Q

submission

A

documents given to the court in support of your case

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50
Q

the bench

A

the collective term for the judges in a court of law

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51
Q

tribunal

A

a group of experts which examines legal problems of a particular type

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52
Q

writ

A

a document informing someone that they will be involved in a legal process instructing them what they must do

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53
Q

action in tort

A

proceedings in civil case

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54
Q

admissibility

A

if certain evidence is allowed to be used in court

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55
Q

allegation

A

accusation, but no evidence is given

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56
Q

application

A

request to the court to have certain evidence admitted

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57
Q

armed robbery

A

when someone carrying weapons steals from a person

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58
Q

arson

A

setting fire to a building

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59
Q

assault

A

violently attack someone

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60
Q

bail

A

situation when the court of law decides that a person who is accused of a crime can be set free until they are tried. The court will set a number of conditions, such as forbidding one to meet or communicate with certain people. In the USA, a bail condition is usually the payment of money.

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61
Q

battery

A

to cause bodily harm to someone using violence

62
Q

bribery

A

to give an official money so that they do something illegal

63
Q

burden of proof

A

the party which has the burden of proof is the party which must proof that the allegation is true

64
Q

burglary

A

when someone enters a house with force to commit another crime

65
Q

charges

A

the formal document stating what crimes one is accused of

66
Q

circuit judge

A

judge who works in the courts in a number of places within a smaller jurisdiction

67
Q

community punishment

A

when a court orders one to carry out unpaid work in the community

68
Q

community service order

A

when a person is placed in a community service order, they have to carry out unpaid work as a punishment

69
Q

condemned person

A

a person who has been sentenced to be killed as a punishment

70
Q

control order

A

order which restricts, an individual’s freedom

71
Q

corporal punishment

A

physical punishment such as beating someone with a stick or hitting with a whip

72
Q

damages

A

a reward or payment

73
Q

direction

A

instruction by the judge tot the jury about what to do

74
Q

district judge

A

a judge in one of the lower courts

75
Q

domestic violence

A

violence within the household

76
Q

drug trafficking

A

buying and selling drugs illegally

77
Q

drunk driving

A

driving while under the influence of alcohol

78
Q

embezzlement

A

stealing from your employer

79
Q

execution

A

the carrying out of a penalty

80
Q

exhibits

A

materials shown in court as evidence

81
Q

extortion

A

when someone forces another person to pay them money under threat

82
Q

fine

A

an amount of money paid as a punishment

83
Q

forfeit property

A

when the court orders that property is forfeited, the owner loses ownership and the government and the government becoms the lawful owner of the property

84
Q

forgery

A

making money or registered goods illegally

85
Q

fraud

A

stealing by deceit

86
Q

homicide

A

cause someone’s death by act or omission

87
Q

incarceration

A

imprisonment

88
Q

indictment

A

the formal statement that a person is charged with a crime

89
Q

insider dealing

A

illegally buying or selling shares using privileged knowledge

90
Q

kidnapping

A

taking a person captive, often for extortion purposes

91
Q

larceny

A

the crime of stealing

92
Q

law enforcement

A

the work of deterring people from violating the rules, and finding , punishing and correctiong people who do break the law

93
Q

magistrates court

A

lower court in the UK

94
Q

manslaughter

A

killing someone without intent

95
Q

misdemeanour

A

less serious offence

96
Q

mitigation

A

facts that might excuse a person’s bad behaviour

97
Q

money laundering

A

causing illegal money to no longer be illegal

98
Q

obstruction of justice

A

the crime of hindering police or prosecuters in finding the truth

99
Q

offence

A

crime

100
Q

omission of an act

A

a crime which consists in not doing something

101
Q

parole

A

the releasing of prisoners before the official period of their imprisonment has ended, on condition that they behave well

102
Q

penal law

A

criminal law

103
Q

perpetrator

A

someone who has committed a crime. In the USA, this term is often shortened to “the perp”

104
Q

preponderance of the evidence

A

whether the evidence is more convincing towards either the defendant being in the wrong or not

105
Q

probation

A

the system allowing certain law-breakers not to go to prison, if they behave well and report regularly

106
Q

prosecution

A

the lawyers (often state appointed) who try to prove that the accused person is guilty

107
Q

rape

A

forcing s/o to have sex against their will

108
Q

repeat offender

A

a criminal which has in the past already been convicted

109
Q

robbery

A

the crime of stealing money, using violence

110
Q

sentence

A

an order given by a judge which fixes a punishment for a criminal declared to be guilty in court

111
Q

shoplifting

A

stealing (money or goods) from a shop

112
Q

stalking

A

illegally following s/o

113
Q

strict liability crime

A

acts which are a crime, even if no criminal intent is present

114
Q

suspend a sentence

A

decide that a punishment will not be carried out, usually unless the convicted commits another crime

115
Q

swearing in of the jury

A

the act of saying the oath, promising to act according to the law

116
Q

tax evasion

A

illegally not paying taxes which are due

117
Q

to acquit

A

to decide that an accused person is not guilty

118
Q

to apprehend

A

to catch

119
Q

to be liable

A

to be responsible

120
Q

to commence

A

to begin

121
Q

to convict

A

when the judge declares that one is guilty

122
Q

to endeavour

A

to try, to do one’s best

123
Q

to imprison

A

to put in prison

124
Q

to perpetrate

A

to commit a crime

125
Q

to prohibit

A

to forbid

126
Q

to render a verdict

A

to make a decision about the final result of a court case

127
Q

to retire

A

to go to a seperate room where one is more private

128
Q

vandalism

A

damaging or destroying property of someone else

129
Q

verdict

A

the official decision made by a jury in a court of law at the end of a trial about whether the person is guilty or not guilty

130
Q

wallet

A

the clothing accessory where (generally) men keep their (paper) money and cards. Women (generally) carry these items in a purse

131
Q

to prevail

A

to be the winner

132
Q

allegedly

A

supposedly

133
Q

warranty

A

guarantee

134
Q

strict liability

A

a person is liable even if there is no intent on the part of the defendant

135
Q

to sput

A

to encourage

136
Q

tort

A

a civil wrong (“tortious act”) that causes injury to a person, who may seek compensation in a civil suit for damages

137
Q

crime

A

a wrongful act that has been identified in law as a crime

138
Q

tortfeasor

A

person guilty of committing a tort

139
Q

an injunction

A

an order by the court that the tortfeasor stop the tortious conduct

140
Q

wrongful death

A

when a person has died by another cause than natural causes such as old age or fatal illness, a civil action may be brought against the person who is held liable for that death

141
Q

negligent tort

A

A tort which is caused when a person does not act in an appropriate (correct, careful) manner

142
Q

intentional tort

A

A tort which is caused by a person who does something on purpose

143
Q

to be acquitted

A

to be declared not guilty

144
Q

product liability case

A

tort case when a product’s defects caused damage or injury

145
Q

nuisance

A

act, behaviour, situation or person who causes a problem for (other) people and which may be abated (remedied) by law

146
Q

trespass

A

the tort of entering (going onto or into) land (ie, land and buildings) without being allowed to do so

147
Q

defamation

A

when false information is broadcast (ie, made public) which damages a person’s reputation

148
Q

chattel

A

movable property

149
Q

trespass to chattels

A

the tort whereby someone damages, destroys or uses someone else’s chattel (“a chattel” is movable personal property). A modern example is when one uses someone’s computer or online server too much or with the intention of causing problems for the owner

150
Q

compensatory damages

A

compensation for the loss or damage

151
Q

punitive damages

A

money punishment meant not a compensation but as a punishment

Juridisch Engels (2 decks)

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