General Law Vocab Flashcards
what is a Bill?
A bill is a proposed law which is introduced into Parliament. Once a bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an act.
what are the different types of Bills?
Public Bills
Private Bills
Hybrid Bills
Private members Bills
what is a consolidating statute?
- involves the bringing together of several statutes in an area of law into one Act.
- Consolidation does not change the law.
It is a way of tidying up the statute book and making it easier for people to access legislation.
what is a directive, especially a EU directive
A “directive” is a legislative act that sets out a goal that EU countries must achieve.
effectively a requirement that the EU enforces but relies on the domestic governments to figure out themselves.
adduced
cited as evidence
leave of the court
‘permission’ of the court
common law
the modern meaning: the law that is not derived from legislation.
historically: the law that was decided by judges in particular cases and common to the whole of England
equitable maxims
sometimes referred to as ‘equitable doctrines’. Highlight the nature of equity and their administration within court.
injunction
3 types
a court order which compels a person or body to perform some action or to cease some action
Mandatory, prohibitory, interim
Specific performance
compels a person or body to perform their obligations under a contract or trust
Recission
an order of recission sets aside a contract
Conciliation
resolving a legal dispute without going to court
Law Report Citations
judgments of cases are also published in various series of law reports, teh most authorative of which are published in the Incoporated Council for Law reporting
Judicial Precedent
The process by which judges follow the decisions of previously decided cases.
stare decisis
a latin phrase which means ‘let the decisions stand’
Ratio decidendi
latin prhase which means the ‘reason for the decision’
This is the (potentially) binding part of a judicial decision.
“…therefore it is more accurate to say that the ratio decidendi of a case is ultimately determined by its application by a court in a later case.”
Obiter Dictum
latin phrase mean ‘said in passing’
Per incuriam
latin phrase meaning ‘through carelessness’.
jurisprudence
the study and theory of law and the principles on which law is based
Oblique intention / Indirect Intent
Oblique intent, also known as indirect intent: a concept that establishes criminal liability when a person does not have a direct intent to bring about a particular result, but they are aware that the result is a virtually certain consequence of their actions.
The party against whom a criminal case is brought against is called the:
defendant
The party against whom a civil claim is brought against is called the:
respondent
The party against whom a appeal is brought against is called the:
respondent
the party bringing a civil claim is called the
claimant
the part bringing an appeal is called the:
appelant
