Key Words Flashcards
ABH
- actual bodily harm
- an assault that occasions (causes) actual bodily harm
- S47 Offences Against the Person’s Act 1861
Acquittal
Given when all charges against a person are cleared in court. This means a ‘not guilty’ verdict in England
Actus Reus
Latin meaning a guilty act, this is what must be proven to get a conviction in court and is essentially the action or sometimes inaction of committing a crime
Agreement to mediate
A formal document signed by anyone involved in resolving a legal dispute using mediation
Arbitration
A civil or commercial dispute can be resolved by arbitration. Similar to the process of mediation, arbitrators are trained individuals who help the relevant parties come to a mutual agreement
Arrest
The term used to describe the detention of an individual in order to make them comply with the law
Assault
A hostile act that causes another to fear attack
Bail
A common term that is used for the release on an imprisoned person while they await trail
Barrister
A legal practitioner in England, Wales and Northern Ireland that take their name from the process of being called to the Bar during their training. Barristers represent individuals in court and provide them with specialist legal advice
Battery
The use of actual force in a physical assault
Balance of probabilities
- The civil standard of proof. Requires the judge/court to reach the conclusion that it is more likely than not.
- 50% likely that the claimant is in the right then the claimant loses the case
- 51% likely that the claimant is in the right then the claimant wins the case
Beyond all reasonable doubt
The criminal standard of proof that must be met by the prosecutions evidence. No other logical explanation can be derived of the facts expect that the defendant committed the crime. Overcoming the presumption that a person is innocent until proven guilty
Burden of proof
- the duty placed upon a party to prove of disprove a disputed fact
- in criminal cases it’s placed on the prosecution
- in civil cases it’s placed on the claimant
Chambers
The office building used by one or more barristers
Chancery division
A division on the High Court of Justice that concerns legal matters relating to property, companies, patents and confidentiality cases
Circuit judge
A judge with over ten years experience in a Crown or county court. Their role involves moving around the regional court circuit to preside over county and Crown court cases. They can also be asked to sit as High Court judges at the invitation of the Lord Chancellor
Civil law
The part of the law that deal with matters of the state such as common law, private law and municipal law. Generally involving the dispute over property, commercial transactions or family matters such as divorce and adoption
Claimant
The person making a claim in a lawsuit
Common law
The law relating to the general public in the UK. In medieval times this law was unwritten but referred to all matters of property and commercial law
Community punishment
A court order that requires an offender to perform unpaid work under the supervision of a probation officer. The offender must consent and be over 16 years of age, they must carry out between 40 and 240 hours of work. It is used in the court as a punishment or as part of a sentence and a breach of this order can lead to a fine and even imprisonment
Community service
An outdated term for community punishment
Concurrent sentence
A prison sentence that is served alongside one or more other sentences, when the offender is convicted of more than one charge. If the sentences vary in length, the longest sentence is usually served. In some cases a court will impose a consecutive sentence where periods of imprisonment follow on from each other
Consecutive sentence
A term used when a prisoner is charged with one or more offences and the sentences must be served back to back
Conviction
When an individual is found guilty of carrying out the offence they were charged with
Counsel
A collective term used for a barrister or barristers
County court
The local part of the civil court system in England and Wales that deals with all minor cases of civil law
Court clerk
A barrister or solicitor who is appointed to assist magistrates in court. Usually with over 5 years experience, the Court Clerk provides advice about legal practice and procedure so that the justice can fully function in the court
Criminal law
The part of the law concerned with illegal acts committed against individuals or society as a whole. Criminal law uses the power of the courts to seek punishment for these offences and is primarily concerned with punishment, deterrence and rehabilitation
Cross-examine
Occurs when a witness or other form of evidence is re-examined in a court to provide more information to the testimony already heard
Crown court
Part of the Supreme Court in England and Wales that deals with criminal cases after they have been through the Magistrates’ Court. The criminal cases tried at the 90 Crown Court centres around England and Wales are generally very serious in nature and require a judge and jury to decide the verdict. The Crown Court also hears appeals from disputed cases that have been dealt with in the Magistrates’ Court
Crown prosecution service
An organisation responsible for deciding whether the police have enough evidence to bring a criminal case to court
Defamation
The publication of a statement about an individual that is published with the intention to tarnish or reduce their public reputation
Defence
A collective term for the legal professionals acting on behalf of an offender to defend them against the criminal charges
Defendant
The person against who court proceedings are brought. Court proceedings are usually brought by the claimant (civil) and prosecution (criminal)
Employment appeal tribunals
The legal process that follows on from an employment tribunal to resolve the dispute between employee and employer over a variety of different matters. An employment tribunal or EAT consists of a High Court judge and two or more lay members who have experience of employment
Employment tribunals
Resolves the disputes between employee and employer over a variety of different matters. They deal with complaints and appeals relating to employment such as discrimination and wage disputes. An employment tribunal consists of a legally qualified chairman and two lay members with experience of work related problems
European Convention on Human Rights
European Convention on Human rights. An agreement between the members of the Council of Europe to protect the human rights of its members. It led to the establishment of the European Commission for Human Rights and the European Court of Human Rights
European Court of Human Rights
An international court that enforces the European Convention on Human Rights. Only when every legal process has been exhausted in his or her own member country may an individual bring a case to the ECHR
European Court of Justice
Part of the European Union that meets in Luxembourg and ensures that the law set out by European directives is followed in its member countries. Comprised of thirteen judges appointed by the member states, the ECJ reviews exceptional legal cases brought by individuals, businesses, governments and other non governmental organisations
Evidence
A term used for a statement made by a witness in court that proves and certain fact they have stayed is true
Ex parte
Meaning on behalf of one side only. It may be used to refer to the legal process prompted by one party in a dispute such as an ex parte injunction
False imprisonment
A criminal offence that regards the illegal restriction of an individual’s freedom to move. This can include unlawful arrest but it doesn’t have to involve a prison, it can mean being locked in a room or building
Family division
Part of a high court that deals specifically with family related with legal proceedings such as divorce, adoption and some probate matters
Fraud
The offence of falsely withholding information to gain monetary or material advantage in a situation where the information should be disclosed
Guilty
Can either be a plea or a verdict in a court situation
Indictable offense
A serious criminal offence that requires trail by jury in a Crown Court. Most common law offences such as rape, murder and GBH are considered to be indictable. Criminal offences dealt with by the magistrates court are called summary offences
Indictment
A legal document that formally accuses an individual of committing an indictable offence. The indictment lists the crime that has been committed
Inns of Court
There are four Inns of Court, Gray’s Inn, Lincoln’s Inn, Inner and Middle Temple. When a person trains to be a barrister they must register with one of the four Inns of courts. This is a support network similar in parts to a trade union
Judge
A person with considerable legal training who is appointed to hear cases in a court of law. A judge hears and tries both criminal and civil cases and depending on the court which he or she is presiding over. The judge may be joined by another judge, a jury or simply sit on their own
Jury
A group of randomly selected members of the public (12 in England and Wales) who are a vital part of the legal process. The jurors have to listen to the facts of a case and give a verdict on its outcome. The judge is there to assist the jury so they can sum up the evidence provided by the defence and prosecution teams. The jury should all agree on the verdict but if it isn’t unanimous then a majority verdict is acceptable
Law lords
The most common term used for the Lord’s of Appeal in Ordinary who are the judicial members of the House of Lords
Litigation
The act of taking legal action against someone or something
Lord Chancellor
A governing minister that acts as the head of the judiciary and as Speaker of the House of Lords. This role means that the Lord Chancellor presides over the House of Lords when it acts as the final court of appeal for England, Wales, Northern Ireland and Scotland. The lord Chancellor also advises on the appointment of magistrates, judges and deals with a variety of matters concerning legal reform
Lord Chief Justice
The head judge in the Queen’s Bench Division of the High Court. After the Lord Chancellor the Lord Chief Justice is the highest legal job in the UK and their role includes being a member of the Court of Appeal
Magistrates
Another name for a justice of the peace who presides over the magistrates court. Magistrates are ordinary members of the public who have no formal legal qualifications and give their time to the court voluntarily
manslaughter
the unlawful killing of another human being without the intention to kill or cause GBH. the legal definition used to describe this accidental act of murder is violence “without malice aforethought”
malicious prosecution
meaning to begin legal proceedings against an individual without reasonable cause and with malicious intent. you can sue for this if a court case against you was unsuccessful and no criminal charges were brought
malicious wounding
an assault that causes a wound or GBH (section 20 offence)
mens rea
meaning a guilty mind and refers to the state of mind of the accused at the time the actus reus was committed. the mens rea and the actus reus must exist at the same time
murder
the unlawful killing of another human being with the intention to kill or cause GBH. the legal definition used to describe the act of murder is violence “with malice aforethought”
not guilty
the final verdict given at the end of a court case that states the individual has not committed the offences that they are charged with
parole
the release of an offender from prison after a percentage of the sentence has been served
plea
a formal response made by a person to charges brought against them in a court of law. a plea can be guilty or not guilty and it is usually asked at the beginning of the court proceedings because it affects how the trial continues
previous convictions
evidence regarding the previous criminal convictions of a witness or defendant is not allowed to be mentioned in a civil or criminal case under normal circumstances. however in cross examination the criminal history of a witness can be brought up in order to discredit them
prosecution
the term used to describe criminal proceedings where the individual who brings the legal action is hoping to prosecute the accused individual
Queens Bench Division
part of the High Court of Justice in England and Wales that is responsible for civil law regarding contracts and tort. it also presides over appeals from both the magistrates court and certain tribunals
Queens Council
(QC) the title given to a senior barrister who is recommended as counsel to the Queen by the Lord Chancellor. QC’s are senior to normal barristers and solicitors but they have no extra duties to carry out within the court room
robbery
the term used to describe the theft of goods or property by force or threat of force
sentence
the judgement given by a court that stands as a punishment for the accused party who has pleaded guilty or been found guilty. sentencing is at the discretion of the judge, except for murder and treason, and the length and severity of the sentence may vary from case to case. the defence can offer mitigation circumstances that may reduce or alter the sentence given but it cannot be overturned once it is made. in addition to imprisonment a court may present community punishment, probation officers or hospital orders as the appropriate sentence
slander
a form of defamation that is made by spoken words or gestures that don’t exist in permanent form
solicitor
a legal professional that gives advice to their clients before presenting their case in a court. they also carry other legal work regarding property, family and civil matters. until the last few years a solicitor provided details of their clients case to a barrister who actually presented the case at court but in more recent times the solicitor presents their own case in the courtroom
summary offences
a criminal that is tried summarily in front of a magistrate. most minor criminal offences such as assault, battery and minor theft are deemed to be summary offences
summary proceedings
legal proceedings that relating to a summary offence and usually carried out in front of a magistrate
summons
a legal document or writ that commands the person receiving the summons to appear in court before a judge or magistrate. failure to comply with the summons can lead to a fine and imprisonment for being in contempt in court
theft
the acquisition of property or goods that belong to another person with the intention of not returning it to the legal owner. the act of theft is stealing not robbery
tort
an area of civil law that refers to damages being sought for a wrongful act or omission suffered by the claimant. this cannot be part of a legal contract (this comes under contract law), but it must be proven that this act was done intentionally or negligently
trail
a trail or train hearing is the name given to the proceedings in a court room that resolve a legal matter
tribunal
a legal proceeding that investigates a matter of public interest. they are generally begun under the instruction of a government, and they have the same judicial powers as the High Court. a tribunal is carried out by a senior judge and can concern matters as varied as employment, rent, domestic issues (those relating to professional bodies) and administrative (which relates to industrial and welfare matters)
verdict
the final decision made in most court proceedings
victim
the general term used to describe the person who has been physically, financially or mentally affected by a criminal or civil offence
warrant
a legal document that gives written authorisation for the police or law enforcement official to carry out an action . this can include a search warrant to investigate the property or person suspected of criminal activities, and an arrest warrant which permits the apprehension of a suspect for questioning
witness
both the person who authenticates a legal document and a person who gives evidence in court
witness statement
evidence given in a court under oath. it can be given orally or written
wounding with intent
a form of assault that causes a wound when the intention was to cause GBH
Youth Court
a magistrates court that specialises in criminal matters that involve juvenile offenders and children under the age of 17. the Youth Court is closed to the public and presided over by 3 magistrates (one of whom must be a woman). the court proceedings are much more informal and cannot take place in the same room as another court until an hour after the previous sitting. the identity of the child involved in the youth court’s proceeding is always protected. in Scotland, the Youth Court has been replaced by the Children’s Hearings which also deals with juvenile offences
