British government and law Flashcards
1
Q
Jurisdiction
A
Refers to the authority of a court to hear and decide a case.
2
Q
Claimant (UK)
Plaintiff (USA)
A
The party who initiates a lawsuit by bringing a complaint against another party (defendant).
3
Q
Defendant
A
The party against whom a lawsuit is brought or who is accused of wrongdoing in a legal proceeding.
4
Q
Civil Law
A
Deals with disputes between individuals or organizations (that are not criminal)
5
Q
Criminal Law
A
Concerned with offenses against the state or society
6
Q
Due Process
A
The principle that ensures fair treatment and procedural safeguards in legal proceedings.
7
Q
Precedent
A
A legal decision or case that serves as an example or authority for subsequent similar cases. Comes from common law
8
Q
Tort
El Agravio
A
—- conduct that causes harm to another person through intent or negligence —–
A civil wrong i.e BREAKING the law of tort/ civil law that causes harm to another person or property.
“The law of civil responsibility. It is an area of civil law.”
note: It really helps to see this word as a noun rather than a subject or anything else
9
Q
Negligence
La Negligencia
A
a type of tort that encompasses failure to exercise reasonable care
10
Q
Habeas Corpus
A
A legal action that requires a person under arrest to be brought before a judge or into court.
11
Q
Miranda Rights
A
The rights of a person in police custody
12
Q
Affidavit
A
A written statement of facts
13
Q
Lien
A
A legal right or interest that a creditor has in another’s property
14
Q
Subpoena
A
A court order requiring a person to appear in court or produce evidence for a legal proceeding.
15
Q
Deposition
A
Testimony given under oath
16
Q
Probate
A
The official proving of a will. The legal process of administering the estate of a deceased person
17
Q
Injunction
A
A court order that prohibits a party from taking a certain action or compels them to take a certain action.
18
Q
Statute
A
A formal written law enacted by a legislative body.
19
Q
Bail
A
The temporary release of a defendant from custody
20
Q
Res ipsa loquitur
A
Latin for “the thing speaks for itself
21
Q
Solicitor, Attorney, Barrister, Lawyer
A
Lawyer is the over arching term for anybody in the legal practise.
In the UK you can be either a solicitor or Barrister, whilst in the USA its called a Attorney.
Barrister - specialise in advocacy.
22
Q
legal practise
A
a partnership of solicitors who work together
23
Q
Right of audience
A
those who are allowed to speak in a court
24
Q
pleading a case
A
the skill of speaking for someone in court
25
litigation
the process of making a claim in the civil court
26
criminal law
the law that punishes acts against property that people consider to be harmful to the whole community. The STATE prosecute criminals
27
civil law
the law concerning the tights and duties of private individuals and companies other than criminals matters
28
a matter
a subject of situation, e.g a criminal matter, a civil matter
29
what are some synonyms for 'filling a claim'
*issue a claim*
start a claim
starting proceedings
30
what is the plaintiff called in the UK and who are they pitted aggainst?
the claimant, the defendant
31
Is it free to start a claim in the county court?
no. They have to pay a set amount of money based on the stated amount of the claim. This is called the court fee
32
Tell me all that you know about the small claims court.
Special procedure that exists within the county court for 'small claims'. i.e claims of less thatn 10,000
33
define: a party to a court case
the claimant or the defendant
34
define: legal costs
the court ffees and payment for the lawyers who are acting for the parties.
35
define: Bailiff
an enforcement officer for those who do not pay debts/taxes etc.
36
difficult question:
Give me the correct sequence of issuing a claim and utilise all of the correct language to explain it.
1-8 steps
1. Claimant *issues a claim*
2. Claimant pays the *court fee*
3. The court or the claimant officer *serves the claim* opon the defendant
4. the defendant has 14 days to *respond to the claim*. and decide if they wish to accept the claim or defend themselves
5. the nudge will *hear the case*
6. the judge will hear the case and *find in favour* of the claimant or the defendant
7. the *parties* must follow the terms of the *order* that the judge makes and they must make sure that they obey any instructions about time limits
8. if the order is disobeyed by the defendant, the claimant may seek out the services of a bailiff.
37
5 procedural safeguards in court
- right to legal representation and legal aid,
- right to interpretation and translation
- notification of rights
- assistance for vulnerable defendants
- consular assistance.
38
law of tort
everyone has a civil duty to be careful and not to hurt or harm another person
39
duty of care
the civil duty of the law of tort
40
define: breach
to break you civil duty within the law of tort/ civil law
41
define: damges
compensation. usually monetary.
The CORRECT word to describe the money that an injured person (claimant) gets from the defendant
42
define: to sue
when the lawyer cannot exact damages from the defendant the claimant may chose to sue, an INFORMAL word that means: starting proceedings, issuing a claim.
43
define: allegations
the 'accusations' listed in the claim form against the defendant
44
define: grounds
the reasons for going to court.
e.g.
What are your _______ for going to court
45
define: committed
the ground for an action in tort are that the defendant committed a tort
46
define: no win no fee
an agreemtn between client and lawyer stating that the client does not have to pay for lawyers services should the lawyer lose in court
47
define: legal
allowed by the law
48
define: valid
legally correct and acceptable
49
to draft a document
to write a document
50
to have a right (in intellectual property)
to have a legal interest in something; it is yours
51
define: conveyancing
the branch of law concerned with the preparation of documents for the conveyance of property.
conveyance: the legal process of transferring property from one owner to another
52
define: accrue
means to grow or accumulate. accumulating interest.
53
define: arrears
In finance, arrears is a legal term for the part of a debt that is overdue after missing one or more required payments. The amount of the arrears is the amount accrued from the date on which the first missed payment was due.
54
in the black
The expression "in the black" is commonly heard in the financial world and refers to a company's most recent financial status, generally its last accounting period. When a company is in the black, it is said to be profitable, financially solvent, and not overburdened by debt (manageable debt is not an issue).
55
chip and pin
a way of paying for goods by debit or credit card whereby one enters one's personal identification number in an electronic device rather than signing a slip.
56
define: outgoings
a person's regular expenditure.
57
define: overdraft
a deficit in a bank account caused by drawing more money than the account holds.
58
in the red
phrase. If a person or company is in the red or if their bank account is in the red, they have spent more money than they have in their account and therefore they owe money to the bank.
59
define: offerer
in contract law, the person who makes the offer for a contract.
60
common law
one of the main sources of law developed after the year 1066, when the whole of England developed a single law that governed the whole country, rather than each area having its own local law.
the part of English law that is derived from custom and judicial precedent rather than statutes.
61
define: binding
when a decision reached by a judge becomes a president and the law for everyone to follow
62
courts of first instance
the lowest court.
63
ratio decidendi
latin for: the reasoning behind the decision. The part of the judges words that provides the legal reasoning for his or her decision.
64
obiter dictum
everything else that the judge says (apart from the ratio decidendi)
something that is not really necessary for the legal basis of the decision. only the ratio decidendi is binding.
65
distinguishable
when a case (historical) presented by a lawyer is so different from the current case that it does not apply in this particular situation.
66
define: a body of laws
a collection of laws. All of them together
66
define: a source of law
a place where law comes from, for example, a civil code
67
define: a pronounecment
an old fashioned word meaning a judges words at the end of a case giving his or her decision
68
define: a principle of law
an accepted idea that forms part of the law
69
What are the four elements of an English contract?
offer, acceptance, consideration, intention.
70
define: consideration
forms a part of contract law.
consideration is what one party offeres to give or promises to do for, the other aoprt. Both parties need to provide consideration.
e.g. goods money services, a promise to do something
71
define: forbearance (within consideration)
a promise not to do something in the future.
72
contract law: a promise not to do something in future is considered what?
detriment, as opposed to a benefit
73
obiter
in passing
74
define: statue
a law made by Parliament.
effectively what a law is before it becomes a law
75
what are the three stages for passing a statute
1. the house of commons
2. House of Lords
3. Monarchy - Royal Assent
76
define: legislation
this is the collective word for all the laws parliament creates.
synonyms: Statute, acts of parliament
77
define (within contract law): third party
someone who is involved in a contract or particular situation but does not pertain to the two main parties involved in the case
78
define: jurisdiction
legal power over a geographical area or people
79
define: void (contract)
a contract that no longer has legal power. It is not enforceable
80
define: capacity to contract
when a person signs a contract they must be:
- old enough to consent
- not mentally ill
- not under drugs or alcohol
81
define: under duress (contract law)
meaning someone has not signed a contract voluntarily but rather has been forced to sign it
82
define: deed
a contract under seal that is legal even though one of the parties has not provided consideration.
e.g a donation
83
define: party in breach
the party that has failed to uphold a contract.
(defendant)
84
what is the Senior court?
Senior Courts of England and Wales, in England and Wales, judicial body that consists of the Court of Appeal, the High Court of Justice, and the Crown Court
85
define: discharge
The discharge of a contract means that the obligations of the contract come to an end.
86
define: sum
The contract sum is the amount that the owner will pay to the contractor. The contract sum includes all items and services necessary for the proper execution and completion of the contractor's work, and it is subject to additions and deductions as provided in the contract documents.
87
what do you call a group of employees?
staff
88
what is a covering letter?
a letter sent with, and explaining the contents of, another document or a parcel of goods.
"you will need to write a covering letter to send with your CV"
89
define: clause
a section of a contract that usually has a number. e.g. clause 3 of the contract.
Clauses are often divided into further sections.
e.g.
1.1
1.2
1.3
2.1
2.2
etc.
90
define: provision
a term contained in a contract. Terms and conditions are called provisions.
91
define: constructive dismissal
the changing of an employee's job or working conditions with the aim of forcing their resignation.
92
define: tribunal
the court used to settle employment grievances
93
define: appraisal
assessing something or someone
94
define: liable
legally responsable
95
define: heads of tort
categories of tort / differnt types of Tort
96
