Glossary Terms Year 1 Flashcards
Acts of Parliment
a law that has passed through all stages in Parliament and becomes part of the law of the land
Actus reus
this is an act, an omission of state of affairs that is the prohibited conduct in an offence
Advocacy
the art of speaking in court on behalf of another; conducing a case in court as the legal representative of another person
Assault
an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
Assault occasioning actual bodily harm
an assault which causes V actual bodily harm and D intends or is subjectively reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force
Battery
the application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
Bill
the name for a draft aw going through Parliament before it passes all the parliamentary stages to become and Act of Parliament
Binding Pecedent
a decision in an earlier case which must be followed in later cases
Causation
link between the defendant’s act or omission and the injury, loss or damage caused to the claimant
Cause pressure group
a pressure group that exists to promote a particular cause
Challenge to the array
a challenge to the whole jury on the basis it has been chosen in an unprecedented way
Civil claims
claims made in the civil courts when an individual or a business believes that their rights have been infringed in some way
Civil law
the law concerned with the relationships between individuals
Civil law systems
this is based on a written code and aims to cover all possibilities with broad principals. Decisions of judges can be considered but are not binding
Claimant
the legal term for a person who has suffered loss or damage and is bringing a civil claim for compensation
Codification
bringing together all the laws on one topic into one compete code of law
Common law system
this is largely unwritten and relies on decisions of the judges. All lower courts are bound by decisions of judges in the higher courts.
Consolidation
combining the law from several Acts of Parliament into one Act of Parliament
Contempt of court
disobeying a court’s order;for example, where a juror uses a mobile phone in the court room when he or she has been told that they are not allowed to
Corrective justice
the idea that liability rectifies the injustice inflicted by one person on another. This is also a major part of the theory of the law by tort
Damage
the legal test of a loss to the claimant from a breach of duty
Damages
the payment of money by way of compensation. The aim of damages in tort is to put the claimant back in the position he or she was in before tort, so far as money can do so
Defendant
the person who has caused the loss or damage
Delegated legislation
law made by some person or body other than parliament, but with the authority of parliament
Denunciation
expressing society’s disapproval of an offender’s behaviour
Deterrence
giving a punishment aimed at putting off the defendant from re-offending because of fear of punishment or preventing other potential offenders from commiting similar crimes
Direct applicability
EU law that automatically becomes part of UK law. There is no need for the UK to pass an act of Parliament to bring into force in the UK. Treaties are directly applicable.
Direct effect
allows a UK individual to can rely on EU law in UK courts
Directed aquittal
where a judge decides there is insufficiant prosecution evidence to allow the case to continue, the jury is directed to find the defendant not guilty
Dissenting judgement
a judgement given by by a judge who disagrees with the reasoning of the majority of judges in the case
Distinguishing
a method by which a judge avoids having to follow what would otherwise be a binding precedent
Doctrine of precedent
following the decisions of previous cases
Due dilligence
where the defendant has done all that was within their power not to commit an offence
EU directives
these are issued by the EU and direct all Member States to bring in the same laws throughout all countries
EU regulations
laws issued by the EU which are binding on Member States and automatically apply in each member company
Golden rule
a rule of staututory interpretation. It is a modification of the literal rule and avoids an interpredation that is absud
Green paper
a consulative document issued by the government putting foreward proposals for reform of the law
Horizontal direct effect
a concept under which individuals can rely on EU directives to bring a claim against their Member State even though the directive hasnot been implemented by that state
Indictable offence
an offence that has to be tried at the Crown Court
Injunction
an order of the court to stop doing something e.g. to stop making noise after 10pm. Failure to follow the court order can lead to further sanctions, including possibly imprisonment. An injunction can order a positive action, e.g. to move a muck heap to avoid causing a smell nuicence
Lay magistrates
these are unpaid, part time judges who have no legal qualifications
Legal aid
government help in funding case
Liable
the judge’s decision that the case against the defendant should pay compensation
Literal rule
a rule of statuatory interpretaion that gives the words their plain ordinary or literal meaning
Meditation
using a neutral person in a dispute to help the parties come to a compormise decision
Mens rea
this is the mental element (guilty mind) or the fault element in an offence
Mischeif rule
a rule of statutory interpretation that looks back to the gap in the previous law and interprets the Act so as to cover the gap
Negligence
an act or failure to act which causes injury or damage to another person or that person’s property
Negotiation
the process of trying to come to an agreement
Neighbour principal
the person who is owed a duty of care by the defendant. It is not the person living next door. According to Lord Atkin, it is anyone you ought to have in mind who might potentially be injured by your act or omission
Non-pecuniary loss
loss that is not wholly money based. This can include pain and suffering as a result of the accident, loss of amenity or a change in lifestyle, such as not being able to play a sport.
Novus actus interveniens
an intervening act to break the chain of causation. It applies to causation in both negligence an dcriminal law
Obiter dicta
this means ‘other thjings said’. So it is all the rest of the judgement apart from the radio decidendi. Judges in future cases do not have to follow it
Original precedent
a decision on a point of law that has never been decided before
Pecuniary loss
a loss that can be easily calculated in money terms, for example the cost of hiring a car while the claiment’s own car is being repaired
Persuasive precedent
a decision which does not have to be followed by later cases, but which a judge may decide to follow
Prosecutor
the legal term for the person or organisation bringing a criminal charge against a defendant
Purposive approach
an approach to statutory interpretation in which the courts look to see what is the purpose of the law
Ratio decidendi
this is the reason for the decision. This forms a precednt for future cases
Reasonable person
this used to be said to be ‘the man on the Clapham omnibus’. Now it is concidered to be the ordinary person in the street or doing a task
Reasonably foreseeable
a danger which a reasonable person should predict or expect from their actions
Reformation
trying to reform the offender’s behaviour so that he or she will not offend in future
Rehabilitate
trying to alter the offender’s behaviour so that he or she will conform ot community norms and not offend in future
Remedy
the way in which a court will enforce or satisfya claim when injury or damage has been suffered and proved. In tort law the remedy will usually be damages or occasionally an injunction
Remoteness of damage
the defendant is liable for the injury or damage that is reasonably foreseeable
Reparation
where an offender compensates the victim or society for the offending behaviour
Repeal of an Act of Parliament
this means that the Act ceases to be law. Only Parliament can repeal an Act of Parliament
Res ipsa loquitur
the thing speaks for itself. The burden of proof shifts from the claimant to the defendant
Retribution
imposing a punishment because the offender deserves punishment
Retributive justice
a system of criminal justice based on the punishment of offenders rather than on rehabilitaion
Rights of audience
the right to present a case in court on behalf of another person
Sectional pressure group
a pressure group that represents the interests of a particular group of people
Stare decisis
this means ‘stand by what has been decided and do not unsettle the established’. It is the foundation of judicial precedent
Statutory instruments
rules and regualtions made by government ministers under the authority of an enabling Act
Strict liability
a civil action where fault of the defendant does not need to be provided
Strict liability offences
offences where men’s rea is not required in respect of at least one aspect of the actus reus
Subjective recklessness
where the defendant knows there is a risk of the consequence happening but takes that risk
Summary offences
an offence that can only be tried in the Magistrates court
Three-part test
an update of the neighbour principal to show who is owed a duty of care in negligence. All three parts have to be satisfied in order that this test is satisfied
Tort
a tort is a civil wrong, and tort law compensates a person who has been injured or whose property is damaged. The word ‘tort’ comes from the french word for ‘wrong’
Trespasser
a person who has no permission or authority to be on the occupiers premises or a visitor who has gone beyond their permission to be on the premises
Triable-either-way offences
an offence that can be tried in either the Magistrates court or the Crown court
Tribunals
forums used instead of a court for deciding certain types of disputes. They are less formal than courts
Ultra vires
this means that it goes beyond the powers that parliament granted in the enabling Act. Where any delegated legislation is ultra vires, then it is not valid law
Verticale direct effect
an individual can claim against the Member State even when a directive has not been implemented by that state
Visitor
in legal terms, lawful adult visitors are invitees, licensees, those with contractual permission and those with statutory right of entry
White paper
a document issued by the government starting its decisions as to how it is going to reform the law
