Definitions & Cases Flashcards
/A fortiori/
An even stronger argument from the same premises (or principles).
/A priori/
Reasoning from first principles or from an assumed premise.
/Ab initio/
From the beginning.
/Actus reus/
The acts or facts which must be present to constitute a crime (c.f. mens rea)
Affidavit
Sworn written evidence
Agency
Acting for and in the name of another (c.f. Principal (1)).
Appellant
The party appealing against a decision.
Appellate
Relating to appeals.
Bailment
The temporary transfer of possession (but not ownership) of a chattel, e.g. on loan, on hire, for transport, repair or storage.
Beneficiary
Specifically, a person entitled to all or part of the assets of a trust. More generally, the person for whose benefit something is done
/Bona fide/
in good faith
Cause of action
a ground upon which an action may be brought/maintained – an action being the lawful demand of one’s rights.
/C.f./
short for the Latin: confer/conferatur. Compare with.
CPR
Civil Procedure Rules.
Chattel
An item of tangible personal property.
/Chose in action/
An item of intangible personal property, e.g. a debt
/Chose in possession/
A chattel
Contributory Negligence
Where the claimant is partly responsible for harm he has sustained. Results in a broadly proportional reduction in the damages awarded.
Company
separate legal entity that is usually owned by its shareholders and controlled by its directors
Claimant
person who brings the claim (formerly referred to as the Plaintiff)
Claim form
formal document needed to start a case (formerly referred to as a Writ in the High Court or a summons in the county court)
Deed
A document in solemn form creating an obligation or transferring property.
What’s the difference between a deed and a contract?
Deeds have to be written, whereas a contract can be verbal and written. contracts require ‘consideration’ (i.e. something is given in return), deeds do not.
Is a trust a deed?
A Declaration of Trust in a property, or any interest in a property, must be evidenced in writing. However, it does not necessarily have to be by deed (a trust can be made verbally). In reality, Declarations of Trust are usually prepared as deeds to avoid any suggestion that there is not a valid contract between the parties.
Dissenting
usually referring to judgment of judge or opinion of Law Lord that diverges from the majority view. Can occasionally be resurrected as the ratio of the case (see below) by later courts.
Distinguish
Find a material difference between two cases, so as to apply different legal rules to them.
Distress
A seizure of goods to satisfy a debt e.g. non-payment of rent.
Equity
A system of rules developed by the courts of Chancery to supplement the rules of the Common Law and based on a stylised notion of conscientious behaviour.
Estoppel
A rule of law whereby a party who has behaved as though the facts are not as they actually are, will be prevented from alleging the true facts and asserting his rights based on them, if others have relied on his original behaviour.
Fiduciary
As a noun, a person who acts for another subject to strict rules of conduct and who can be called to account for failure to serve the other’s interests to the full, e.g. a trustee or a solicitor. Also used as an adjective in the same general sense.
/Ex parte application/
one where only the applicant is heard (from 1999 this is referred to as a hearing “without notice”)
/Ex parte/
in a case title also indicates the applicant to the court in a judicial review or similar proceedings.
Guardian /ad litem/
The person who acts for a person under disability (a minor or mentally incompetent) to represent their interests in family proceedings.
/Ibid/
Before
/Infra/
Below
Interim hearings
preliminary hearings that arise before trial – can lead to grant of interim orders (used to be referred to as interlocutory hearings/orders).
Injunction
An order of the court requiring a party to do or refrain from doing something. May be permanent, or a temporary order to preserve the status quo pending trial (interim injunction).
/Inter vivos/
Between living parties. Can distinguish a gift from a disposition by will.
/Intra vires/
Within the powers of a body whose powers are limited by law
Legal persons
Entities which are regarded by the law as being capable of acting or being acted against (although they’re not biologically a person)
Lien
Right to retain chattel as security for money due
Liquidated
A fixed, determinate sum of money to compensate the victim for loss
Liquidation
Process of winding up the affairs of an entity, generally because it is insolvent
Litigation friend
Person who acts for a party in civil proceedings who is under a disability
/Locus standi/
Right to be heard in a case
Malfeasance
Doing a wrongful act
Misfeasance
Improper performance of a lawful act
/Mens rea/
State of mind necessary for a given crime to be committed
/Mutatis mutandis/
With the necessary changes made
Natural persons
Human beings (not companies)
/Nemo dat [quod non habet]/
No one can pass on a better title to a chattel than that which he has
/Nisi/
Provisional. Applies to wide range of orders which can be set aside if further evidence comes to light
Nonfeasance
Failure to do something which should be done
/Novus actus interveniens/
An intervening act which breaks the chain of causation
/Obiter dictum/
Observations by a judge which do not form part of the /ratio decidendi/
On all fours with
Raising the same issues as another case
/Pari passu/
Ranking equally
Partnership
Two or more individuals joining together to trade or practise a profession
/Per/
From the judgement of