General Law Vocab

Question 1

what is a Bill?

Answer 1

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.

Question 2

what are the different types of Bills?

Answer 2

Public Bills
Private Bills
Hybrid Bills
Private members Bills

Question 3

what is a consolidating statute?

Answer 3

• 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.

Question 4

what is a directive, especially a EU directive

Answer 4

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.

Question 5

adduced

Answer 5

cited as evidence

Question 6

leave of the court

Answer 6

‘permission’ of the court

Question 7

common law

Answer 7

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

Question 8

equitable maxims

Answer 8

sometimes referred to as ‘equitable doctrines’. Highlight the nature of equity and their administration within court.

Question 9

injunction
3 types

Answer 9

a court order which compels a person or body to perform some action or to cease some action
Mandatory, prohibitory, interim

Question 10

Specific performance

Answer 10

compels a person or body to perform their obligations under a contract or trust

Question 11

Recission

Answer 11

an order of recission sets aside a contract

Question 12

Conciliation

Answer 12

resolving a legal dispute without going to court

Question 13

Law Report Citations

Answer 13

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

Question 14

Judicial Precedent

Answer 14

The process by which judges follow the decisions of previously decided cases.

Question 15

stare decisis

Answer 15

a latin phrase which means ‘let the decisions stand’

Question 16

Ratio decidendi

Answer 16

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.”

Question 17

Obiter Dictum

Answer 17

latin phrase mean ‘said in passing’

Question 18

Per incuriam

Answer 18

latin phrase meaning ‘through carelessness’.

Question 19

jurisprudence

Answer 19

the study and theory of law and the principles on which law is based

Question 20

Oblique intention / Indirect Intent

Answer 20

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.

Question 21

The party against whom a criminal case is brought against is called the:

Answer 21

defendant

Question 22

The party against whom a civil claim is brought against is called the:

Answer 22

respondent

Question 23

The party against whom a appeal is brought against is called the:

Answer 23

respondent

Question 24

the party bringing a civil claim is called the

Answer 24

claimant

Question 25

the part bringing an appeal is called the:

Answer 25

appelant