civil law- keywords

Question 1

claimant

Answer 1

the person making a claim against someone to show that they are liable for injury, damage or death.

Question 2

Defendant

Answer 2

the person who argues that they are not at fault

Question 3

Law of tort

Answer 3

a civil wrong doing, that causes someone to suffer loss or harm resulting in liability for the person that did it

Question 4

Negligence

Answer 4

A failure to behave the way/ show the level of care that someone of ordinary prudence would exercise under the same circumstances

Question 5

Contract law

Answer 5

The binding legal agreement between two or more parties that is enforceable by law if breached

Question 6

Compensation

Answer 6

Payment for injury, loss or otherwise depriving a person of what he or she is entitled to

Question 7

Balance of probability

Answer 7

The job of the claimant to give the burden of proof to make the judge over 50% sure that the defendant is liable

Question 8

burden of proof

Answer 8

The task of proving that the defendant is liable, using the evidence to prove this.

Question 9

Courts of first instance

Answer 9

The county and high courts are known as this. Due to the fact that they are where a court case will first be heard

Question 10

Doctrine of precedent

Answer 10

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.

Question 11

District judge

Answer 11

A full time judge who deals with the majority of cases in the county courts

Question 12

Circuit judge

Answer 12

a more senior judge to the district judge

Question 13

recorders

Answer 13

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

Question 14

sit

Answer 14

to hold a session at court or perform an act that is of judicial nature

Question 15

insolvency

Answer 15

when an individual or business cannot repay their debts. this is usually accomplished by having more liabilities than assets

Question 16

appellate courts

Answer 16

these are courts that hear appeals from first instance decisions

Question 17

judicial precedent

Answer 17

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

Question 18

costs

Answer 18

the expenses of the winning party that are usually ordered to be paid by the losing party

Question 19

Arbitrator

Answer 19

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.

Question 20

Conciliation

Answer 20

A process where an impartial expert (the conciliator) encourages the two parties to come to an agreement between themselves.

Question 21

Mediation

Answer 21

A process that focuses on the relationships of the parties involved

Question 22

negotiation

Answer 22

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.

Question 23

Ombudsman

Answer 23

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.

Question 24

Adversarial process

Answer 24

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.

Question 25

Parliament

Answer 25

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

Question 26

precedent

Answer 26

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.

Question 27

solicitor

Answer 27

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