Law definitions 2 Flashcards

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1
Q

Non contentious business

A

does not involve a court hearing or dispute resolution such as mediatian or arbitration

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2
Q

Monopoly

A

a market structure where a single seller or producer assumes a dominant position in an industry or a sector.

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3
Q

LSRA

A

Legal Services Regulatory Authority

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4
Q

Interlocutory

A

of a decree or judgement) given provisionally during the course of a legal action.

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5
Q

FOIA

A

Freedom of Information Act

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6
Q

NAFTA

A

North American Free Trade Agreement

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7
Q

ECJ

A

European Court of Justice

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8
Q

HRA

A

Human Rights Act

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9
Q

Democracy

A

a country in which power is held by elected representatives. is a form of government that purports to treat
everyone equally in terms of a right to equal and appropriate respect and
consideration in the exercise of government

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10
Q

UN

A

United Nations

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11
Q

Curtailment

A

the action or fact of reducing or restricting something:

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12
Q

Totalitarienism

A

a form of government that attempts to assert total control over the lives of its citizens

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13
Q

Tender

A

to unconditionally offer money or performance to meet an obligation.

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14
Q

Injunction

A

an order of the Court that requires a person to refrain from doing, or compelling them to do, a particular act

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15
Q

Privilege clause

A

A privilege clause is a clause in the tender document that permits the person placing the advertisement to disregard a tender altogether.

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16
Q

Causa sine qua non

A

Background cause

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17
Q

Other names for Legal Cause

A

Proximate cause, imputable cause, causa causans

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18
Q

Novus Actus interveniens

A

interviening acts

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19
Q

Euthanasia

A

the practice of ending the life of a patient to limit the patient’s suffering

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20
Q

Defamation

A

The action of damaging the good reputation of someone

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21
Q

Chilling effect

A

where individuals or groups refrain from engaging in expression for fear of running afoul of a law or regulation.

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22
Q

Forbearance

A

Patient self control/restraint/tolerance

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23
Q

Right of First Refusal

A

a contractual right to enter into a business transaction with a person or company before anyone else can.

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24
Q

Bona fide

A

genuine

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25
Q

Efficacy

A

the ability to produce a desired or intended result

26
Q

undue leniency

A

where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate

27
Q

Quashed

A

Reject as invalid, to officially say that a legal judgment or decision is no longer acceptable or correct

28
Q

duress

A

threats, violence, constraints, or other action used to coerce someone into doing something against their will or better judgement
constraint illegally exercised to force someone to perform an act

29
Q

Indictment

A

a formal charge or accusation of a serious crime

30
Q

Justiciable

A

(of a state or action) subject to trial in a court of law.

31
Q

In Camera

A

the case will be heard in private and that members of the public who are not involved in the case are not allowed into the courtroom.

32
Q

Liquidated debt

A

a debt you owe whose amount is certain, and both you and your creditor agree on the amount.

33
Q

Inter Alia

A

Among other things

34
Q

Novus actus Interveiniens

A

there will be appearance of a new act or event in the causal chain between initial event, in a sequence and the result causing a break in the continuity of the same

An act so indepedant of the act of the accused that it should be reagrded by the law as the cause of death

35
Q

Inference

A

A conclusion that is made after evidence is presented that proves a fact to be true

36
Q

Bench Warrant

A

A bench warrant is a writ issued by a court or judge ordering the apprehension and arrest of an offender
e.g. if they fail to appear in court etc

37
Q

Bail on recognisence

A

a form of bail in which an accused is released from pre-trial detention with an incentive to ensure that they will appear before the court to face charges on a certain day in the future

38
Q

Capital Murder

A

Murder for which the perpretrator may be sentences to death

39
Q

Rebutted

A

Proven to be false

40
Q

Permissible

A

Allowed

41
Q

Polemic Language

A

used to attack or criticize a particular person, idea, or group1.

42
Q

Arbitrary

A

Based on random choice or personal whim, rather than any reason or system:

43
Q

Ambiguous

A

Several possible meanings

44
Q

Ancillary order

A

order attached to sentence for example a compensation order, or a driving disqualification.

45
Q

Locus Standi

A

A place to stand
Means the right to bring a case to court

46
Q

Objective element

A

Conduct
Circumstance
Result

47
Q

Conduct element

A

Pysical act
omission
state of affairs

48
Q

Circumstance element

A

Result of the conduct element
condition under which the conduct element occurs

49
Q

Quantum Meruit

A

as much as he/she has deserved”12. It is a doctrine in contract law that implies a promise or agreement to pay a fair or reasonable sum for labour or materials provided

50
Q

Insolvent

A

Unable to pay debts owed

51
Q

Onus

A

Something that is one’s duty or responsibility

52
Q

Cessation

A

the process of ending of being brought to an end

53
Q

Bequest

A

A bequest is a term for something, usually personal property, that is given or left by a person’s will to another person or organization

54
Q

Ad Idem

A

Meeting of the minds

55
Q

Impetus

A

Something that makes a process or activity happen or happen more quickly

56
Q

Jurisdiction

A

the authority of a court to hear a case and decide the law

57
Q

Original Jurisdiction

A

authority of a court to hear and determine a case for
the first time (i.e., not an appeal)

58
Q

Apellate jurisdiction

A

authority of a court to hear and determine an appeal

59
Q

First Instance

A

When a case is heard for the first time

60
Q

Appeal

A

Where a case is reviewed by a higher court

61
Q
A