Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law definitions > Law Definitions 1 > Flashcards

Law Definitions 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Nominative

A

Implying or creating a norm or standard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Institutionalised

A

to establish something as a norm in an organisation or culture

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Coercive

A

relating to or using force or threats

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Prevail

A

To prove more powerful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Common Law

A

Consists of the hundreds of thousands of decisions that have been made by the courts over the centuaries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Legislation

A

Laws inacted by a body with law making power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Statute Law

A

Acts of the Oireachtas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Oireachtas

A

National Parlament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Constitution

A

contains fundamental principles and gaurantees of individual rights - the basic Law of the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A custom

A

a habitual practice which, by virtue of continuous practice and general acquiescence, acquires legal force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Acquiescience

A

such neglect to take legal proceedings for such a long time as to imply the abandonment of a right
allowing acceptance by performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

ECHR

A

European convention on Human Rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Legal Instrument

A

written document that creates, modifies or extinguishes a legal right responsibility or contractual relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Canon Law

A

Law of the Christian Church

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Substantive law

A

embraces the different legal subjects that confer rights and powers or impose obligations and liabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Procedural Law

A

refers to the bodies of rules concerned with the implementation of substantive law and consists of the law of civil and criminal procedure and the law of evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Administrative Law

A

body of law which governs the administration of the state and the activities of public authorities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Constitutional Law

A

Body of Law grown from the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Criminal Law

A

Defines conduct which is prohibited and provides punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Private Law

A

concerned with relationships between private individuals and entities in which there is no significant public interest - contract law. Tort law, property law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Contract Law

A

Governs voluntray relationships between two or more parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Tort Law

A

Deals with private wrongs which result in injury - assault, battery, false imprisonment, defamation and negligence. - Provide compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Civil Law

A

Secular Law of the state - applicable to all
A general description of the legal systems of continental European countries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Equity

A

Law developed in the Court of Chancery to supplement that developed in the common law courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Public Law

A

Law involving the public interest; one of the principal divisions of substantive law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Corporation

A

Corporation - a company or group of people authorised to act as a single person - separate from individual members and continues in existance regardless of the fates of individual members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Corporation aggragate

A

a separate legal entity formed by several individual persons. The corporate aggregate has an existence which is separate from the persons comprising it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Jurisprudence

A

The theory or philosophy of Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Sovereign

A

a person or body to whom a political community pays obediance

30
Q

Grundnorm

A

Point of ultimate Legal Authority

31
Q

Utilitarianism

A

the doctrine that actions are right if they are useful or for the benefit of the majority

32
Q

Nugatory

A

Of no value or importance

33
Q

Offence principle

A

The causing of harm or offence to others

34
Q

Paternalism

A

the policy or practice on the part of people in positions of authority of restricting the freedom and responsibilities of those subordinate to them in the subordinates’ supposed best interest:

35
Q

Subordinate

A

Lower in rank

36
Q

Harm

A

involves the impairment of a person’s opportunities to engage in valued activities and relationships, and to personal self-chosen goals

37
Q

The Rule of Law

A

rights and obligations are prescribed in legal form and may be altered only in the matter permitted by law

38
Q

Stationary Office

A

Publishes legislation

39
Q

Law reports

A

Publish judical decisions

40
Q

Legalese

A

The formal language of legal documents

41
Q

Dualist system

A

Eu law does not take direct effect, not automatical incorporated into domestic law

42
Q

Actus Reus

A

A wrongful act

43
Q

Mens rea

A

A guilty mind

44
Q

Conduct crime

A

where the conduct used is the offence, and there is no no required result element

45
Q

Result crime

A

a crime which has a result element and is where a required result must happen for the offence to be committed.

46
Q

Obitur Dictum

A

a judge’s expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent

47
Q

Precedent

A

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances

48
Q

Ratio Decidendi

A

“rationale for the decision.” The term refers to a key factual point or chain of reasoning in a case that drives the final judgment.

49
Q

Statute

A

a written law that is created by a government or legislative authority, they can command and prohibit something or declare policy or rules. Statutes are also known as acts

50
Q

Litigation

A

The process of taking legal action

51
Q

Embroiled

A

involved deeply in an argument, conflict or difficult situation

52
Q

Jurisdiction

A

The power to make legal decisions and judgements

53
Q

Limited Liability company

A
  • A corporate structure that protects its owners from being personally persued for the repayment of the companys debts and liabilities
54
Q

Repudate

A

Refuse to accept or be associated with

55
Q

Arbitration

A

a form of dispute resolution

56
Q

Premium

A

The amount to be paid for an insurance policy

57
Q

Construed

A

Interpreted

58
Q

Matrix

A

the cultural, social, or political environment in which something develops

59
Q

Consenses ad idem

A

agreement in the same sense

60
Q

Offer

A

a clear and unambiguous statement of the terms upon which the first party is willing to contract,

61
Q

Invitation to treat

A

is a statement made in circumstances where it is not intended that a contract will result if the person to whom the statement is made indicates his assent to its terms.

62
Q

Unilateral offer

A

One party offers to pay for thr performance of another party. The offer is addressed to a group of people and each person can accept the offer by performing the act as the offerer requires. The acceptance takes place when the act is completed. -

63
Q

Liquidated debt

A

debt of a fixed and known amount

64
Q

Express offer

A

It is the most usual form of offer in which communication is clear & unequivocal.

65
Q

Implied offer

A

Communication is not through words

66
Q

Counter offer

A

modifications are made to the original offer

67
Q

Cross offer

A

The parties accept each other’s offer.

68
Q

General Offer

A

Offer made to the public

69
Q

Specific Offer

A

Offer made to specified person.

70
Q

Open / Standing offer

A

Offer is open to both the public and particular person.

71
Q
A

Law definitions (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions