civil law- keywords Flashcards
claimant
the person making a claim against someone to show that they are liable for injury, damage or death.
Defendant
the person who argues that they are not at fault
Law of tort
a civil wrong doing, that causes someone to suffer loss or harm resulting in liability for the person that did it
Negligence
A failure to behave the way/ show the level of care that someone of ordinary prudence would exercise under the same circumstances
Contract law
The binding legal agreement between two or more parties that is enforceable by law if breached
Compensation
Payment for injury, loss or otherwise depriving a person of what he or she is entitled to
Balance of probability
The job of the claimant to give the burden of proof to make the judge over 50% sure that the defendant is liable
burden of proof
The task of proving that the defendant is liable, using the evidence to prove this.
Courts of first instance
The county and high courts are known as this. Due to the fact that they are where a court case will first be heard
Doctrine of precedent
once the point of law has already been established in a case, the statement of the law, must be applied in all future cases that have the same material facts.
District judge
A full time judge who deals with the majority of cases in the county courts
Circuit judge
a more senior judge to the district judge
recorders
a judge who may sit in both crown and county courts, but must start by sitting in the crown court. The appointment is part time and is the first step on the ladder of judicial appointments
sit
to hold a session at court or perform an act that is of judicial nature
insolvency
when an individual or business cannot repay their debts. this is usually accomplished by having more liabilities than assets
appellate courts
these are courts that hear appeals from first instance decisions
judicial precedent
the system where a judge must follow the decision made in a previous case where the facts are the same as in the present case
costs
the expenses of the winning party that are usually ordered to be paid by the losing party
Arbitrator
A impartial person who makes a decision on a dispute by means of arbitration. this is an alternative to a court hearing for settling disputes.
Conciliation
A process where an impartial expert (the conciliator) encourages the two parties to come to an agreement between themselves.
Mediation
A process that focuses on the relationships of the parties involved
negotiation
the act of settling, arranging the terms and conditions bargain, sale, or business transaction. this is done through talking to one another and reaching a mutual agreement.
Ombudsman
They are legal representatives, appointed by the government or by an organisation to investigate all complaints made by an individual. They do this free of charge. They then advise you, based on the information gathered, on what to do after the this.
Adversarial process
Any action, hearing, investigation, inquest, or inquiry brought by one party against another in which the party seeking relief has given legal notice to and provided the other party with an opportunity to contest the claims that have been made against him or her. A court trial is a typical example of an adversary proceeding.
Parliament
this is a gathering of the nobles, clergy, and commons (they are all highly praised legal/ political representatives) as a supreme legislative body for a country/ state
precedent
this is where the rules/ decisions placed on a previous case of similar situations is used a s a basis of decision for the current trial.
solicitor
They deal with most legal maters. if a case was to go to court they wouldn’t be able to legally represent the person they are in charge of, so they would only prepare the case and give it to a barrister to represent them
