Chapter 1 - Introduction to English Law Flashcards
Burden of Proof
It is on the claimant. This means that claimant has an obligation to prove their case. In Criminal law it is on presecusion.
Equitable remedies
Discretionary remedies within “Equity” which are awarded where the judge determines it is just and fair to do so
Standard of proof
The weight of evidence that is requited for one party to win the case
Equitable maxims
Short, “pithy” statements used by judge and legal writers in the system of law known as “Equity”
Damages
A sum of money awarded by the court in civil cases as compensation (known as REMEDY)
Common Law (contrast with legislation)
Common Law is used as an overall description of ALL case law.
Law which is made by by judges in their written decisions in individual court cases. The only remedy which was available was damages.
Equity
A system of law governed by the principles of fairness and the equitable maxims. It is flexible system in which remedies are discretionary (i.e. they will be awarded where the judge determines it is just and equitable to do so)
Sentence
A punishment given by the court for the crime it offence e. g prison
Citation
The date and reference details of a particular case, enabling lawyers and judges to find them in law reports and online databases
Criminal law
Body of laws owned to society as a whole
Civil law
A body of laws dealing with the rights and duties owned by individuals and organizations to each other
Claimant and defendant
Claimant is party who is submitting claim action and their opponent called - Defendant
Prosecusion
Normally the Crown Prosecution Service (CPS), as well can be police on minor offence and certain other bodies with specialist expertise.
Mortgages
A person can create a mortgage when he or she gives someone else a right over his or her land as a security of a loan
Mortgagor and Mortgagee
Mortgagor - A person who owns the land
Mortgagee - The person to whom the right to land is granted.
