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Law yr1 > Key Words > Flashcards

Key Words Flashcards

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1
Q

ABH

A
  • actual bodily harm
  • an assault that occasions (causes) actual bodily harm
  • S47 Offences Against the Person’s Act 1861
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2
Q

Acquittal

A

Given when all charges against a person are cleared in court. This means a ‘not guilty’ verdict in England

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3
Q

Actus Reus

A

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

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4
Q

Agreement to mediate

A

A formal document signed by anyone involved in resolving a legal dispute using mediation

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5
Q

Arbitration

A

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

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6
Q

Arrest

A

The term used to describe the detention of an individual in order to make them comply with the law

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7
Q

Assault

A

A hostile act that causes another to fear attack

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8
Q

Bail

A

A common term that is used for the release on an imprisoned person while they await trail

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9
Q

Barrister

A

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

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10
Q

Battery

A

The use of actual force in a physical assault

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11
Q

Balance of probabilities

A
  • 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
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12
Q

Beyond all reasonable doubt

A

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

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13
Q

Burden of proof

A
  • 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
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14
Q

Chambers

A

The office building used by one or more barristers

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15
Q

Chancery division

A

A division on the High Court of Justice that concerns legal matters relating to property, companies, patents and confidentiality cases

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16
Q

Circuit judge

A

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

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17
Q

Civil law

A

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

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18
Q

Claimant

A

The person making a claim in a lawsuit

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19
Q

Common law

A

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

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20
Q

Community punishment

A

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

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21
Q

Community service

A

An outdated term for community punishment

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22
Q

Concurrent sentence

A

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

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23
Q

Consecutive sentence

A

A term used when a prisoner is charged with one or more offences and the sentences must be served back to back

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24
Q

Conviction

A

When an individual is found guilty of carrying out the offence they were charged with

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25
Q

Counsel

A

A collective term used for a barrister or barristers

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26
Q

County court

A

The local part of the civil court system in England and Wales that deals with all minor cases of civil law

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27
Q

Court clerk

A

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

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28
Q

Criminal law

A

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

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29
Q

Cross-examine

A

Occurs when a witness or other form of evidence is re-examined in a court to provide more information to the testimony already heard

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30
Q

Crown court

A

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

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31
Q

Crown prosecution service

A

An organisation responsible for deciding whether the police have enough evidence to bring a criminal case to court

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32
Q

Defamation

A

The publication of a statement about an individual that is published with the intention to tarnish or reduce their public reputation

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33
Q

Defence

A

A collective term for the legal professionals acting on behalf of an offender to defend them against the criminal charges

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34
Q

Defendant

A

The person against who court proceedings are brought. Court proceedings are usually brought by the claimant (civil) and prosecution (criminal)

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35
Q

Employment appeal tribunals

A

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

36
Q

Employment tribunals

A

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

37
Q

European Convention on Human Rights

A

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

38
Q

European Court of Human Rights

A

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

39
Q

European Court of Justice

A

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

40
Q

Evidence

A

A term used for a statement made by a witness in court that proves and certain fact they have stayed is true

41
Q

Ex parte

A

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

42
Q

False imprisonment

A

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

43
Q

Family division

A

Part of a high court that deals specifically with family related with legal proceedings such as divorce, adoption and some probate matters

44
Q

Fraud

A

The offence of falsely withholding information to gain monetary or material advantage in a situation where the information should be disclosed

45
Q

Guilty

A

Can either be a plea or a verdict in a court situation

46
Q

Indictable offense

A

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

47
Q

Indictment

A

A legal document that formally accuses an individual of committing an indictable offence. The indictment lists the crime that has been committed

48
Q

Inns of Court

A

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

49
Q

Judge

A

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

50
Q

Jury

A

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

51
Q

Law lords

A

The most common term used for the Lord’s of Appeal in Ordinary who are the judicial members of the House of Lords

52
Q

Litigation

A

The act of taking legal action against someone or something

53
Q

Lord Chancellor

A

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

54
Q

Lord Chief Justice

A

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

55
Q

Magistrates

A

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

56
Q

manslaughter

A

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”

57
Q

malicious prosecution

A

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

58
Q

malicious wounding

A

an assault that causes a wound or GBH (section 20 offence)

59
Q

mens rea

A

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

60
Q

murder

A

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”

61
Q

not guilty

A

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

62
Q

parole

A

the release of an offender from prison after a percentage of the sentence has been served

63
Q

plea

A

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

64
Q

previous convictions

A

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

65
Q

prosecution

A

the term used to describe criminal proceedings where the individual who brings the legal action is hoping to prosecute the accused individual

66
Q

Queens Bench Division

A

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

67
Q

Queens Council

A

(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

68
Q

robbery

A

the term used to describe the theft of goods or property by force or threat of force

69
Q

sentence

A

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

70
Q

slander

A

a form of defamation that is made by spoken words or gestures that don’t exist in permanent form

71
Q

solicitor

A

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

72
Q

summary offences

A

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

73
Q

summary proceedings

A

legal proceedings that relating to a summary offence and usually carried out in front of a magistrate

74
Q

summons

A

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

75
Q

theft

A

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

76
Q

tort

A

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

77
Q

trail

A

a trail or train hearing is the name given to the proceedings in a court room that resolve a legal matter

78
Q

tribunal

A

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)

79
Q

verdict

A

the final decision made in most court proceedings

80
Q

victim

A

the general term used to describe the person who has been physically, financially or mentally affected by a criminal or civil offence

81
Q

warrant

A

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

82
Q

witness

A

both the person who authenticates a legal document and a person who gives evidence in court

83
Q

witness statement

A

evidence given in a court under oath. it can be given orally or written

84
Q

wounding with intent

A

a form of assault that causes a wound when the intention was to cause GBH

85
Q

Youth Court

A

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

Law yr1 (10 decks)

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