law terminology

Question 1

Act Of Parliament:

Answer 1

A law that has been approved by both Houses of Parliament and has been given Royal Assent by the Monarch. Also known as statute.

Question 2

Alternative Dispute Resolution

Answer 2

Various methods by which a dispute can be resolved without going to court, for example through mediation, conciliation or arbitration.

Question 3

Appellate court

Answer 3

A court that hears appeals from a previous, lower court decision.

Question 4

Civil law

Answer 4

The type of law which covers disputes between individuals and organisations, and provides remedies such as monetary compensation.

Question 5

civil law system

Answer 5

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.

Question 6

common law

Answer 6

Rules of law developed by the courts.

Question 7

common law system

Answer 7

In common law systems law is created by court decisions, based on the doctrine of judicial precedent.

Question 8

constitution

Answer 8

The rules that determine the role of government in a state, and the relationship between individuals and the state.

Question 9

Crown (or Royal) Prerogative

Answer 9

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.

Question 10

Crown Prosecution Service

Answer 10

An organisation that is responsible for prosecuting people who have been charged by the police with a criminal offence.

Question 11

Delegated legislation

Answer 11

Law created by government ministers under powers given to them by an Act of Parliament. Also known as secondary legislation.

Question 12

English common law

Answer 12

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.

Question 13

Equity

Answer 13

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.

Question 14

European Convention on Human Rights

Answer 14

A legal document, drafted in 1950, aimed at protecting human rights in states that are members of the Council of Europe.

Question 15

European Union law

Answer 15

A collection of treaties, law and court judgments which bind the Member States of the European Union.

Question 16

Jurisdiction

Answer 16

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.

Question 17

Magistrate

Answer 17

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.

Question 18

Parliamentary sovereignty

Answer 18

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.

Question 19

Precedent

Answer 19

A court judgment used as authority for reaching the same decision in subsequent cases.

Question 20

Primary legislation

Answer 20

Primary legislation consists of Acts of Parliament or statute.

Question 21

Royal Assent

Answer 21

he Monarch’s agreement that is required to make a Bill into an Act of Parliament.

Question 22

Secondary legislation

Answer 22

Law created by government ministers under powers given to them by an Act of Parliament. Also known as delegated legislation.

Question 23

Separation of powers

Answer 23

The constitutional principle that limits the powers vested in any person or institution. It divides governmental authority into three branches: legislative, executive and judiciary.

Question 24

Statute

Answer 24

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.

Question 25

Statutory instrument

Answer 25

A type of delegated (or secondary) legislation.

Question 26

Statutory interpretation

Answer 26

The process by which courts interpret and apply legislation.

Question 27

Trial court

Answer 27

A court where cases are tried in the first place, as opposed to an appellate court.

Question 28

Tribunal

Answer 28

A body established to settle certain types of dispute. A tribunal will often be more informal than a court