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la escuela de educación proper > British government and law > Flashcards

British government and law Flashcards

1
Q

Jurisdiction

A

Refers to the authority of a court to hear and decide a case.

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2
Q

Claimant (UK)
Plaintiff (USA)

A

The party who initiates a lawsuit by bringing a complaint against another party (defendant).

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3
Q

Defendant

A

The party against whom a lawsuit is brought or who is accused of wrongdoing in a legal proceeding.

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4
Q

Civil Law

A

Deals with disputes between individuals or organizations (that are not criminal)

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5
Q

Criminal Law

A

Concerned with offenses against the state or society

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6
Q

Due Process

A

The principle that ensures fair treatment and procedural safeguards in legal proceedings.

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7
Q

Precedent

A

A legal decision or case that serves as an example or authority for subsequent similar cases. Comes from common law

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8
Q

Tort

El Agravio

A

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

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9
Q

Negligence

La Negligencia

A

a type of tort that encompasses failure to exercise reasonable care

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10
Q

Habeas Corpus

A

A legal action that requires a person under arrest to be brought before a judge or into court.

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11
Q

Miranda Rights

A

The rights of a person in police custody

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12
Q

Affidavit

A

A written statement of facts

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13
Q

Lien

A

A legal right or interest that a creditor has in another’s property

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14
Q

Subpoena

A

A court order requiring a person to appear in court or produce evidence for a legal proceeding.

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15
Q

Deposition

A

Testimony given under oath

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16
Q

Probate

A

The official proving of a will. The legal process of administering the estate of a deceased person

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17
Q

Injunction

A

A court order that prohibits a party from taking a certain action or compels them to take a certain action.

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18
Q

Statute

A

A formal written law enacted by a legislative body.

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19
Q

Bail

A

The temporary release of a defendant from custody

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20
Q

Res ipsa loquitur

A

Latin for “the thing speaks for itself

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21
Q

Bushell’s Case (1670)

A

Established the independence of the jury affirming that jurors cannot be punished for their verdict.

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22
Q

Entick v Carrington (1765)

A

Asserted the protection of private property against state intrusion without legal justification laying the groundwork for civil liberties.

https://www.lawteacher.net/cases/entick-v-carrington-1765.php

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23
Q

R v Dudley and Stephens (1884)

A

A seminal case on the legal limits of necessity as a defense to murder emphasizing the value of human life in legal terms.

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24
Q

Donoghue v Stevenson (1932)

A

Founded modern negligence law by establishing the principle that manufacturers owe a duty of care to consumers.

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25
Q

Carlill v Carbolic Smoke Ball Co (1893)

A

Clarified the principles of contract law particularly the requirements for offer acceptance and consideration.

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26
Q

R v Brown (1993)

The Spanner Case

A

A key case in criminal law concerning the limits of consent in cases of bodily harm.

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27
Q

R (Factortame Ltd) v Secretary of State for Transport (1990)

A

Highlighted the supremacy of European Union law over national law leading to significant constitutional implications.

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28
Q

Gillick v West Norfolk and Wisbech Area Health Authority (1985)

A

Established the “Gillick competence” concerning minors ability to consent to medical treatment without parental approval.

The test proposed by Lord Scarman posits that a minor will be able to consent to treatment if they demonstrate “sufficient understanding and intelligence to understand fully what is proposed” ([1986] AC 112, 187[D]). The test is now often referred to as ‘Gillick competence’ and is an integral aspect of medical and family law.

https://www.lawteacher.net/cases/gillick-v-west-norfolk.php

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29
Q

Airedale NHS Trust v Bland (1993)

A

Addressed end-of-life decisions recognizing the legality of withdrawing life-sustaining treatment in certain circumstances.

https://www.lawteacher.net/cases/airedale-nhs-trust-v-bland.php

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30
Q

R v R (1991)

A

Overturned the historical legal principle that a husband could not be guilty of raping his wife affirming that marital rape is a criminal offense.

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31
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.

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32
Q

legal practise

A

a partnership of solicitors who work together

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33
Q

Right of audience

A

those who are allowed to speak in a court

34
Q

pleading a case

A

the skill of speaking for someone in court

35
Q

litigation

A

the process of making a claim in the civil court

36
Q

criminal law

A

the law that punishes acts against property that people consider to be harmful to the whole community. The STATE prosecute criminals

37
Q

civil law

A

the law concerning the tights and duties of private individuals and companies other than criminals matters

38
Q

a matter

A

a subject of situation, e.g a criminal matter, a civil matter

39
Q

what are some synonyms for ‘filling a claim’

A

issue a claim
start a claim
starting proceedings

40
Q

what is the plaintiff called in the UK and who are they pitted aggainst?

A

the claimant, the defendant

41
Q

Is it free to start a claim in the county court?

A

no. They have to pay a set amount of money based on the stated amount of the claim. This is called the court fee

42
Q

Tell me all that you know about the small claims court.

A

Special procedure that exists within the county court for ‘small claims’. i.e claims of less thatn 10,000

43
Q

define: a party to a court case

A

the claimant or the defendant

44
Q

define: legal costs

A

the court ffees and payment for the lawyers who are acting for the parties.

45
Q

define: Bailiff

A

an enforcement officer for those who do not pay debts/taxes etc.

46
Q

difficult question:

Give me the correct sequence of issuing a claim and utilise all of the correct language to explain it.

1-8 steps

A
  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.
47
Q

5 procedural safeguards in court

A
  • right to legal representation and legal aid,
  • right to interpretation and translation
  • notification of rights
  • assistance for vulnerable defendants
  • consular assistance.
48
Q

law of tort

A

everyone has a civil duty to be careful and not to hurt or harm another person

49
Q

duty of care

A

the civil duty of the law of tort

50
Q

define: breach

A

to break you civil duty within the law of tort/ civil law

51
Q

define: damges

A

compensation. usually monetary.
The CORRECT word to describe the money that an injured person (claimant) gets from the defendant

52
Q

define: to sue

A

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.

53
Q

define: allegations

A

the ‘accusations’ listed in the claim form against the defendant

54
Q

define: grounds

A

the reasons for going to court.

e.g.

What are your _______ for going to court

55
Q

define: committed

A

the ground for an action in tort are that the defendant committed a tort

56
Q

define: no win no fee

A

an agreemtn between client and lawyer stating that the client does not have to pay for lawyers services should the lawyer lose in court

57
Q

define: legal

A

allowed by the law

58
Q

define: valid

A

legally correct and acceptable

59
Q

to draft a document

A

to write a document

60
Q

to have a right (in intellectual property)

A

to have a legal interest in something; it is yours

61
Q

define: conveyancing

A

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

62
Q

define: accrue

A

means to grow or accumulate. accumulating interest.

63
Q

define: arrears

A

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.

64
Q

in the black

A

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).

65
Q

chip and pin

A

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.

66
Q

define: outgoings

A

a person’s regular expenditure.

67
Q

define: overdraft

A

a deficit in a bank account caused by drawing more money than the account holds.

68
Q

in the red

A

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.

69
Q

define: offerer

A

in contract law, the person who makes the offer for a contract.

70
Q

common law

A

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

71
Q

define: binding

A

when a decision reached by a judge becomes a president and the law for everyone to follow

72
Q

courts of first instance

A

the lowest court.

73
Q

ratio decidendi

A

latin for: the reasoning behind the decision. The part of the judges words that provides the legal reasoning for his or her decision.

74
Q

obiter dictum

A

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.

75
Q

distinguishable

A

when a case (historical) presented by a lawyer is so different from the current case that it does not apply in this particular situation.

76
Q

define: a body of laws

A

a collection of laws. All of them together

76
Q

define: a source of law

A

a place where law comes from, for example, a civil code

77
Q

define: a pronounecment

A

an old fashioned word meaning a judges words at the end of a case giving his or her decision

78
Q

define: a principle of law

A

an accepted idea that forms part of the law

79
Q

What are the four elements of an English contract?

A

offer, acceptance, consideration, intention.

80
Q
A

la escuela de educación proper (7 decks)

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