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Legal Terminology > General > Flashcards

General Flashcards

1
Q

Action

A

A case which is commenced by a claimant against a defendant in the civil court.

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2
Q

Ad hoc

A

For this purpose.

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3
Q

Attendance note

A

An attendance note is completed to record what was discussed and decided during an interview.

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4
Q

Attestation Clause

A

Immediately after the concluding words which confirms the relevant party has executed the document.

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5
Q

A Barrister

A

Someone who has passed the examinations set by the bar council and they appear in court as advocates.

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6
Q

Advocasey

A

Talking on someones behalf

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7
Q

Bona fide

A

sincere, in good faith

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8
Q

Chambers

A

Offices used by Barristers.

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9
Q

Chartered Legal Executive

A

A Fellow of the Chartered institute of legal executives. They carry out the same duties as a solicitor.

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10
Q

CILEx

A

Chartered institute of Legal Executives, they set the professional standards.

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11
Q

Civil procedure rules

A

Rules which apply to Actions in the Civil Courts.

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12
Q

Common Law

A

Laws made by judges that are adopted in different parts of the country.

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13
Q

Compos Mentis

A

Mentally sound.

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14
Q

Confidentiality

A

Clients details must never be passed to a third party without prior approval of the client.

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15
Q

Conflict of interest

A

A solicitor is not usually able to act for both parties in a case.

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16
Q

De facto

A

In fact

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17
Q

Delegated Legislation

A

When Parliment passes an enabling act to organisations to enable them to make laws.

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18
Q

Disclosure of documents

A

Parties to an action must disclose documents to eachother that they have relating to the action.

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19
Q

Draft

A

A working document that has not yet been completed and may be altered until everyone is happy with its content.

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20
Q

DX

A

Document Exchange is a private postal system used by solicitors.

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21
Q

Endorsement

A

Is a Back sheet that is wrapped round a document

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22
Q

Engrossment

A

A final version of a document with all final alterations agreed.

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23
Q

Execution

A

When a document has been agreed, engrossed and ready to sign.

24
Q

ex officio

A

By office

25
Q

Fee earner

A

Any one who earns fees for a firm.

26
Q

Hatching plans

A

Plans which are attached to documents that have the appropriate portion of land clearly indicated.

27
Q

In absentia

A

While absent

28
Q

in situ

A

in its place

29
Q

Judicial Precedent

A

Where judges follow a rule that was set by another judge in a similar case. Not all judges can set a precedent.

30
Q

Law Reports

A

Barristers report important cases in All ER and Weekly Law Reports

31
Q

Law Society

A

A representative body for solicitors.

32
Q

Legal Funding

A

Legal aid that funds the public for legal services.

33
Q

Matter

A

Proceedings, other than actions, are known as matters. Such as matrimonial matters. Questions to be settled by the court.

34
Q

Non sequiter

A

It does not follow.

35
Q

Obiter Dicta

A

Other things said

36
Q

Per Diem

A

Daily

37
Q

Per se

A

Taken alone, in itself

38
Q

Precedent

A

Something that serves as a model or a document template

39
Q

Pro Bono

A

Done without charge

40
Q

Pro forma

A

Done as a formality

41
Q

Pro rata

A

According to the rate, in proportion

42
Q

Ratio decidendi

A

The reason for deciding

43
Q

Rights of audience

A

A right of a lawyer

44
Q

Sewing

A

Some firms like their documents to be sewn up, green for most documents and black for wills

45
Q

Solicitor

A

Deals with all aspects of Law. Has passed examinations set by the Law society.

46
Q

Solicitor Advocate

A

Qualified solicitor whos undertaken an additional advocacy qualification to allows right of audience

47
Q

Stare Decisis

A

Let the decision Stand

48
Q

Status Quo

A

How things currently are

49
Q

Statue

A

An act of Parliment (Law passed by Parliment)

50
Q

Testimonium Clause

A

The Clause of a document which starts ‘in witness whereof’ giving information of when it was signed and who it was witnessed by.

51
Q

Time recording

A

All fee earners time spent on their clients cases are recorded so that it can be charged to the final bill of costs.

52
Q

Ultra vires

A

Beyond the powers

53
Q

Verbatim

A

Exactly as said

54
Q

Versus

A

Against

55
Q

Vice Versa

A

The order being reversed

Legal Terminology (4 decks)

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