law terminology Flashcards
Act Of Parliament:
A law that has been approved by both Houses of Parliament and has been given Royal Assent by the Monarch. Also known as statute.
Alternative Dispute Resolution
Various methods by which a dispute can be resolved without going to court, for example through mediation, conciliation or arbitration.
Appellate court
A court that hears appeals from a previous, lower court decision.
Civil law
The type of law which covers disputes between individuals and organisations, and provides remedies such as monetary compensation.
civil law system
Civil law systems have their origins in Roman law, and later developed in continental Europe and around the world. They are different from common law systems in several ways.
common law
Rules of law developed by the courts.
common law system
In common law systems law is created by court decisions, based on the doctrine of judicial precedent.
constitution
The rules that determine the role of government in a state, and the relationship between individuals and the state.
Crown (or Royal) Prerogative
Special rights and powers to which the Crown alone is entitled under common law. In modern times most of these powers are exercised by the government.
Crown Prosecution Service
An organisation that is responsible for prosecuting people who have been charged by the police with a criminal offence.
Delegated legislation
Law created by government ministers under powers given to them by an Act of Parliament. Also known as secondary legislation.
English common law
In this course we use the shorter phrase ‘English common law’ to refer to the common law of England and Wales. The common law system covers both England and Wales.
Equity
art of English law originally exercised by the Lord Chancellor and then the Court of Chancery, as opposed to the law administered by common law courts.
European Convention on Human Rights
A legal document, drafted in 1950, aimed at protecting human rights in states that are members of the Council of Europe.
European Union law
A collection of treaties, law and court judgments which bind the Member States of the European Union.
Jurisdiction
1) The official power of a court to make legal decisions and judgments.
2) A country, state, or other area where a particular set of laws or rules must be obeyed.
Magistrate
The people who make decisions in the magistrates’ courts. Most magistrates are lay people who have no formal legal qualifications and who are unpaid volunteers.
Parliamentary sovereignty
A principle of the UK constitution. It makes Parliament the supreme legal authority in the UK which can create any law. The courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
Precedent
A court judgment used as authority for reaching the same decision in subsequent cases.
Primary legislation
Primary legislation consists of Acts of Parliament or statute.
Royal Assent
he Monarch’s agreement that is required to make a Bill into an Act of Parliament.
Secondary legislation
Law created by government ministers under powers given to them by an Act of Parliament. Also known as delegated legislation.
Separation of powers
The constitutional principle that limits the powers vested in any person or institution. It divides governmental authority into three branches: legislative, executive and judiciary.
Statute
A law that has been approved by both Houses of Parliament and has been given Royal Assent by the Monarch. Also known as an Act of Parliament.
