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Law Definitions 1 Flashcards

1
Q

Nominative

A

Implying or creating a norm or standard

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2
Q

Institutionalised

A

to establish something as a norm in an organisation or culture

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3
Q

Coercive

A

relating to or using force or threats

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4
Q

Prevail

A

To prove more powerful

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5
Q

Common Law

A

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

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6
Q

Legislation

A

Laws inacted by a body with law making power

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7
Q

Statute Law

A

Acts of the Oireachtas

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8
Q

Oireachtas

A

National Parlament

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9
Q

Constitution

A

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

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10
Q

A custom

A

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

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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

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12
Q

ECHR

A

European convention on Human Rights

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13
Q

Legal Instrument

A

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

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14
Q

Canon Law

A

Law of the Christian Church

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15
Q

Substantive law

A

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

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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.

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17
Q

Administrative Law

A

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

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18
Q

Constitutional Law

A

Body of Law grown from the constitution

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19
Q

Criminal Law

A

Defines conduct which is prohibited and provides punishment

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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

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21
Q

Contract Law

A

Governs voluntray relationships between two or more parties

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22
Q

Tort Law

A

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

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23
Q

Civil Law

A

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

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24
Q

Equity

A

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

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25
Public Law
Law involving the public interest; one of the principal divisions of substantive law
26
Corporation
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
27
Corporation aggragate
a separate legal entity formed by several individual persons. The corporate aggregate has an existence which is separate from the persons comprising it.
28
Jurisprudence
The theory or philosophy of Law
29
Sovereign
a person or body to whom a political community pays obediance
30
Grundnorm
Point of ultimate Legal Authority
31
Utilitarianism
the doctrine that actions are right if they are useful or for the benefit of the majority
32
Nugatory
Of no value or importance
33
Offence principle
The causing of harm or offence to others
34
Paternalism
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
Subordinate
Lower in rank
36
Harm
involves the impairment of a person’s opportunities to engage in valued activities and relationships, and to personal self-chosen goals
37
The Rule of Law
rights and obligations are prescribed in legal form and may be altered only in the matter permitted by law
38
Stationary Office
Publishes legislation
39
Law reports
Publish judical decisions
40
Legalese
The formal language of legal documents
41
Dualist system
Eu law does not take direct effect, not automatical incorporated into domestic law
42
Actus Reus
A wrongful act
43
Mens rea
A guilty mind
44
Conduct crime
where the conduct used is the offence, and there is no no required result element
45
Result crime
a crime which has a result element and is where a required result must happen for the offence to be committed.
46
Obitur Dictum
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
Precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
48
Ratio Decidendi
"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
Statute
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
Litigation
The process of taking legal action
51
Embroiled
involved deeply in an argument, conflict or difficult situation
52
Jurisdiction
The power to make legal decisions and judgements
53
Limited Liability company
- A corporate structure that protects its owners from being personally persued for the repayment of the companys debts and liabilities
54
Repudate
Refuse to accept or be associated with
55
Arbitration
a form of dispute resolution
56
Premium
The amount to be paid for an insurance policy
57
Construed
Interpreted
58
Matrix
the cultural, social, or political environment in which something develops
59
Consenses ad idem
agreement in the same sense
60
Offer
a clear and unambiguous statement of the terms upon which the first party is willing to contract,
61
Invitation to treat
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
Unilateral offer
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
Liquidated debt
debt of a fixed and known amount
64
Express offer
It is the most usual form of offer in which communication is clear & unequivocal.
65
Implied offer
Communication is not through words
66
Counter offer
modifications are made to the original offer
67
Cross offer
The parties accept each other’s offer.
68
General Offer
Offer made to the public
69
Specific Offer
Offer made to specified person.
70
Open / Standing offer
Offer is open to both the public and particular person.
71

Law definitions (5 decks)

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