Glossary of Legal Terminology Flashcards
This deck consists of a non-exhaustive list of legal terms taken from the ELS Study Notes from BPP.
Actus Reus
Guilty act
Ad idem
Of the same mind. Sometimes read in contract law as consensus ad idem (meeting of minds).
Affidavit
A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to do so.
Affirmanti non neganti incumbit probatio
The burden of proof is on the person who alleges, and not on the person who denies.
Affirmed
Indicates that a court has agreed with the decision of a lower court in respect of the same case.
Amicus Curiae
A friend of the Court. A neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint.
Applied
Indicates that a court has regarded itself bound by an earlier case, and has therefore employed the same reasoning in the instant case.
Approved
Indicates that a higher court states that another case before a lower court was correctly decided.
Attorney-General
The principal law officer of the Crown.
Audi alterem partem
Hear the other side.
Bona fide
In good faith.
Brief
Written instructions to counsel to appear at a hearing on behalf of a party, prepared by the solicitor and setting out the facts of the case
and any case law relied upon.
Caveat emptor
Let the buyer beware.
Chambers
(i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings.
(ii) Offices used by a barrister.
Charterparty
A commercial agreement by which a person wishing to export/import goods, engages for hire an entire vessel for the purpose.
Chattel
Name given in law to personal property.
Chose
A thing.
Chose in Action
A thing of which a person has not the present enjoyment, but merely a right to recover it (if withheld) by action. Money held in a bank account is a chose in action.
Contempt of court
Disobedience of the judicial process.
Contributory negligence
The extent to which a party contributes to their injury. A finding of contributory negligence has the consequence that the claimant’s damages may be reduced. See Law Reform (Contributory Negligence) Act 1945.
Counsel
Barrister
Curia advisari vult
The court took time. This tag usually appears in a law report in the truncated form cur adv vult. It means that after argument the court retired to consider its decision prior to delivering judgment.
De minimis non curat lex
The law takes no account of trifling matters.
Default judgement
Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim.
Doli incapax
Incapable of crime
Ex parte
By a party. An ex party application is made by one party. They are now known as without notice application
Ex turpi causa non oritur action
No right of action arises from a base cause
Garnishee
A summons issued by a claimant, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant.
Guarantor
Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement.
Habeas Corpus
Produce the body. A writ commanding that a person held in custody be produced before the court.
Ignoratia juris non excusat
Ignorance of the law is no excuse.
In camera
In the chamber. An in camera hearing is held in private.
In curia
In open court.
In limine
On the threshold. An in limine objection is a preliminary objection.
In loco parentis
In place of a parent.
In personam
Against the person.
In rem
Against the matter. Proceedings directed against property as opposed
to an individual.
Inns of Court
Lincoln’s Inn, Inner Temple, Middle Temple, Gray’s Inn. Together they enjoy the privilege of being able to confer the status or degree of barrister on an individual.
Inter vivos
Between living persons
Interlocutory
Interim, pending a full order/decision.
Intra vires
Within the powers.
Lien
A legal right to withhold goods/property of another until payment is made
Locus in quo
The place in which.
Long Vacation
Period between 1st August and 30th September when the High Court only hears urgent matters.
Lords Temporal
The peers of the realm with seats in the House of Lords, other than the Lords Spiritual
Master
Judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial.
Master of the Rolls
Senior civil judge in the Court of Appeal.
Mens Rea
Guilty mind
Nemo agit in se ipsum
No one brings legal proceedings against himself.
Nemo dat quod non habet
No one can give that which he has not.
Nemo debet judex esse in causa sua propria
No one ought to be a Judge in his own cause.
Non est factum
This is not my deed.
Obiter dictum
Things said by the way. That part of a judgement which is not necessary for the decision but the judge makes comment upon it.
Onus probandi
Burden of proof.
Official Solicitor
A solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor’s Department. The duties include representing, in legal proceedings, people who are incapable of looking after their own affairs ie children/persons suffering from mental illness.
Pari passu
On an equal footing.
Parol
Anything done by word of mouth
Per curiam
By the Court. An expression indicating that a decision was arrived at by the Court
Puisne judge
(pronounced puny) High Court judge. Any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal.
Quash
To declare something is no longer valid.
Quantum
The amount of a claim for damages which is determined by the court
Ratio decidendi
Reasons for the decision. That part of a judgement which forms the basis for the decision. The opposite of obiter dictum.
Recorder
Members of the legal profession (barristers or solicitors) who are appointed to act in a judicial capacity on a part time basis
Res ipsa loquitur
The thing speaks for itself.
Res judicata
A thing adjudged.
Respondent
The person on whom a petition or originating application is served. Also, the party other than an appellant against whom an appeal is raised.
Statutory Instrument
A document issued by the delegated authority (usually a Government Minister or committee) named within an Act of Parliament which affects the workings of the original Act.
Stevedore
A person whose job it is to stow goods in a ship’s hold, and to discharge cargo.
Stipendiary Magistrate
Legally qualified and salaried Magistrate.
Sub judice
In the course of trial. A matter which is sub judice is being considered by the court.
Subpoena
Summons ordering an individual to attend court to give evidence.
Sui juris
A person of full age (18) and of sound mind.
Summing-up
The summary of the evidence and the law made by the judge in a matter
before a jury retires to consider the verdict in a criminal matter
Ultra vires
Beyond the powers.
Volenti non fit injuria
No injury is done to a person who consents.
