Legal Glossary I

Question 1

Remit

Answer 1

To send back a case to a lower court

Question 2

Adduce

Answer 2

Cite as evidence
A number of factors are adduced to explain the situation

The defendant is stated to be a person of intelligence, capacity and means, and no evidence was adduced to show that…

Question 3

Synonym

to imply/impose a duty/ responsibility

Answer 3

To cast a duty on

The suggestion is that, heartless though it may seem, this is one of those situations where the appellants were entitled to do nothing, where no duty was cast on them to help, any more than it is cast on a man to rescue a stranger from drowning, however easy such as rescue may be.

R v Stone and Dobinson [1977]

Question 4

not physically or mental strong, especially due to old age or illness (2)

Answer 4

(Helplessly) infirm/frail

Question 5

restore to life or consciousness

Answer 5

Revive a friend who took drugs

Question 6

use one’s authority to cancel or reject

Answer 6

Override the wishes

If the wife was so ill that she had lost the ability to make such decisions, perhaps it was reasonable to override her wishes, whatever she said.

Question 7

acquited

Answer 7

walk free

Question 8

accrue

Answer 8

Generally, where the actus reus of an offence requires conduct on the part of the defendant, whether an act or omission, liability will only accrue where the conduct is willed.

Question 9

automatism

Answer 9

Where the defendant alleges that his conduct was involuntary, he may be advised to plead the defence of automatism

Question 10

a poor shooter

Answer 10

A terrible shot with a gun

Question 11

find it diffcult to do

Answer 11

be at pains to do sth

Question 12

(of a verdict or conviction) not based on reliable evidence and likely to constitute a miscarriage of justice

Answer 12

Guidelines are unsafe and misleading.

Question 13

to acknowledge; to know

Answer 13

Appreciate
A man is reckless when he carries out a deliberate act appreciating that there is a risk that damage to property may result from his act

Question 14

to get rid of a thought

Answer 14

Risk of some damage must have entered the defendant’s mind even though he may have suppressed it or driven it out

Question 15

a branch/an extension/interpretation of a theory or doctrine

Answer 15

The case of Elliot is an example of how the objective limb of Caldwell applied in practice

However, this limb of s5 is of course of no use if she merely thought Fred ought to have consented but knew he would not have done.

Question 16

preferrential consideration or allowance

Answer 16

Concession

The court made it clear that, in deciding whether the risk is obvious, the standards of the reasonable person are to be applied with no concession made to any flaws/defects in the defendant’s own characteristics which set the defendant apart from the reasonable person

Question 17

to provide without adverse effect or consequences

Answer 17

Afford

The report reveals a very plain intention to replace the old-fashioned expression maliciously with the more familiar expression reckless but to give reckless the same meaning afforded to it by Cunningham

Question 18

contradictory

Answer 18

Offensive

That misinterpretation was offensive to principle and apt to cause injustice, sop the need to correct it was compelling

Question 19

on the basis or with the justification of:

Answer 19

On the strength of

Lord Bingham argued that it was neither moral nor just to convict a defendant on the strength of what someone else would have apprehended if the defendant himself had no such apprehension

Question 20

to free someone of a responsbility and from moral citicism

Answer 20

Absolve
It is right, therefore, that they should be held responsible for their actions, and it is right that the fact that things do not go exactly as they planned does not absolve them of criminal liability.

Question 21

unmeritorious

Answer 21

frivolous; a claim that have very slight chance of winning

Question 22

Secure

Answer 22

to have sufficient evidence to base a conviction on

Naturally, the defendant argued that the blow to R had been an accident and that he therefore lacked the mens rea necessary to secure a conviction for assault

Question 23

sustain

Answer 23

uphold, affirm, or confirm the justice or validity of:

We are of the opinion that this conviction must be sustained

Question 24

related to the crime of

Answer 24

On a charge
For a conviction on a charge of murder, the prosecution must show that the defendant intended to kill or to cause really serious harm (GBH)

Question 25

Negligent

measure….standards….reas…

Answer 25

Failure to measure up to the standards of a reasonable person in that given situation

Question 26

saying or recording nothing on a particular subject:

Answer 26

Silent
Where a section is silent as to mens rea, the courts will need to go outside the wording of the Act to establish the intention of Parliament.
The courts may easily decide to infer strict liability where the statute is silent

Question 27

be taken over the place, position, or role of:

Answer 27

Mens rea is a constitutional principle that should be only displaced where the statutory wording was either very clear or it was an unmistakably necessary implication

Question 28

natural negative assoication of

a mark of disgrace associated with a particular circumstance, quality, or person:

Answer 28

Stigma attached to a criminal conviction

Offence was one that could be described as truly criminal and carries a heavy penalty or substantial social stigma

Question 29

the termination of a right or privilege through disuse or failure to follow appropriate procedures

a period of discountinity

Answer 29

The contract has lapsed

a lapse in time

Question 30

to avoid prosecution

liabiliity

Answer 30

Escape

The defendant would escape liability if the crime in question required the mens rea of either intention or recklessness

Question 31

be sufficient to counteract

Answer 31

Negate

A genuine, albeit unreasonable mistake can be sufficient to negate the mens rea requirement of an offence

Question 32

Construction

Answer 32

Noun of construe
Act of destruction or damage was done or made in order to protect property belonging to another must be, on the true construction of the statute, an objective test.

Question 33

Positive action

Answer 33

active action contribute to the precipitation of an outcome

Question 34

lend support to an argument

Answer 34

Assist

A mistake of fact or law would not assist him

Question 35

describing an argument that is untenable in a court of law

Answer 35

No Defence

Dennis will, nevertheless, be guilty since mistake as to the criminal law is no defence

Question 36

to state a fact confidently and forcefully

Answer 36

Assert
In the alternative, she could also assert a belief that Fred would have consented had he known the circumstances under s 5(2).

Question 37

Dismiss

Answer 37

To refuse further hearing of a case

In dismissing the appeal…

Question 38

Dispose of

Answer 38

Get rid of by throwing away or giving or selling to someone else

Dispose of a body

Question 39

Integrity

Answer 39

safety

The law was focused on protecting an individual’s rights to property and on allowing a citizen to protect his own personal integrity from deliberate interference by others

Question 40

In error

Answer 40

In error the surgeon replaces his right knee.

Question 41

Give rise to

Answer 41

bring about, be the origin of

A Tort involves the infringement of a legal right (or breach of a legal duty) and it gives rise to a claim in the civil courts

Question 42

A person who commits a tort is called a ________ and his liability is described _________

Answer 42

tortfeasor

tortious

Question 43

Follows

Answer 43

Act according to the lead or example of

It follows that tort cases are brought in the civil courts

Question 44

Hamper

Answer 44

hinder or impede the movement or progress of

At least two considerations that potentially hamper a victim’s ability to use the law of tort to claim compensation

Question 45

Champerty

interest, finance, view

Answer 45

an illegal agreement in which a person with no previous interest in a lawsuit finances it with a view to sharing the disputed property if the suit succeeds

Question 46

indemnify (2)

secure….legal responsibility

Answer 46

compensate (someone) for harm or loss

each of the parties shall indemnify me for all reasonable costs of defending such actions and proceedings.

secure (someone) against legal responsibility for their actions

where insurance exists it indemnifies the defendant against legal liability

Question 47

suspect

Answer 47

not to be relied or trusted; possibly dangerous or false

the claim that tort satisfies the aim of justice is somewhat suspect

Question 48

actionable per se

actual injury….sue

Answer 48

Claims in these torts do not require the claimant to have suffered any actual injury or damage in order to sue

Question 49

Desist

c_____ or ab______

Answer 49

stop doing something; cease or abstain

each pledged to desist from acts of sabotage

Question 50

Preclude

make

Answer 50

prevent from happening; make impossible

the secret nature of his work precluded official recognition

Question 51

Prima facie

Answer 51

[primema faceshe]

based on the first impression; accepted as correct until proved otherwise

If the claimant succeeds in showing elements of tort, he has established a case in principle (often called a prima facie case)

Question 52

Litigation friend

Answer 52

Anyone who is under 18 years of age can sue or be sued but will conduct the litigation through a litigation friend (often a parent or guardian)

Question 53

Legal personality

Answer 53

Partnerships are merely collections of individuals with no legal personality, procedural litigation rules allow them also to sue or be sued in their partnership name.

Question 54

Survive

dies…tort….taken over

Answer 54

When a person dies, any claim that he had in tort or any claim against him survives and is taken over by his personal representatives

Question 55

Vicarious Liability

tort… employment….tortfeasor…instead

Answer 55

When an employee commits a tort in the course of his employment then the law allows any injured party to sue the tortfeasor’s employer as well as or instead of the employee

Question 56

Umbrella term

Answer 56

a thing that includes or contains many different elements or parts

Trespass to the person is an umbrella term used to describe there separate torts which share a common origin, namely assault, battery and false imprisonment

Question 57

Battery

in……….. d……..

Answer 57

Intentional direct application of unlawful force to another person

Question 58

Assault

in………, appr…….inf….

Answer 58

Intentional act by the defendant that causes another person to reasonably apprehend the immediate infliction of a battery upon him

Question 59

Lawful force

generall, acceptable, ordinary

Answer 59

‘general exception embracing all physical contact which is generally acceptable in the ordinary conduct of everyday life’

Question 60

Actionable

reasons

Answer 60

giving sufficient reason to take legal action

actionable batteries

Question 61

Negative (v.)

Answer 61

Reject

This is similar to the case of Turberville v Savage (1669) 86 ER 684, where the court accepted that words can ‘negative’ an assault.

containing a prohibition, admitted as true unless proved otherwise

where a contract of personal service contains negative covenants

Question 62

Inflict

Answer 62

to impose something unwelcome on

There is also no battery as A does not inflict any physical force on B.

Question 63

a new cause of action

Answer 63

a fact that enable a person to bring about an action against another

the plaintiff had a good cause of action in negligence

There was no assault or battery for the reasons we have already considered. However, the court decided to allow the claim, creating, in effect, a new cause of action.

Question 64

Remote

occur

Answer 64

unlikely to occur

To recover damages, the claimant must prove that he has suffered loss or damage as a result of the defendant’s breach, and the loss or damage must not be too remote a consequence of the breach

Question 65

Induce

Answer 65

bring about or give rise to:

Consent is not ‘real’ if induced by such a misrepresentation.

Question 66

Pursuant

Answer 66

In accordance with

If a police officer lawfully arrests someone pursuant to a valid warrant, he or she does not commit the tort of battery provided the officer uses only reasonable force to carry out the arrest.

‘the law simply imposes an obligation on the party who made the request to pay a reasonable sum for such work as has been done pursuant to that request

Question 67

Contain

Answer 67

Police powers of arrest, contained in the Police and Criminal Evidence Act 1984, are detailed and beyond the scope of this course.

Question 68

Eject

Answer 68

To remove

A defendant may take reasonable steps to defend his property. This extends to taking reasonable steps to eject a trespasser

Question 69

Proviso

Answer 69

a condition or qualification attached to an agreement or statement:
However, Lord Brandon, in the same case, did say that the availability of the defence was subject to an important proviso - that the operation is in the best interests of the patient.

Question 70

Vindicate

Answer 70

to justify/assert a right

To vindicate one person’s right to his reputation through a successful claim in defamation is to fetter another persons’ freedom to speak freely

Question 71

Entrench

Answer 71

apply extra legal safeguards to (a right guaranteed by legislation\

It is said in most jurisdiction with codified consitution, the consitution rights are often entrenched, meaning to amend or repeal those rights a special and often arduous procedure must be carried out for example a 2/3 majority vote or a referendum.

Question 72

Transient

Answer 72

lasting only for a short time; impermanent

There are two forms of defamation. Libel is defamation in a permanent form, whereas slander is defamation in some transient or temporary form.

Question 73

Imputation

defamation

Answer 73

Imputations made against the individuals

It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true.

Question 74

Flow from

Answer 74

be caused by

Libel is actionable per se. We saw earlier in this Unit that this means the claimant does not have to show any tangible loss flowing from the tort to be able to sue.

Question 75

Lower

Answer 75

make or become less in amount, intensity, or degree

Lower someone’s reputation

Question 76

Make out

(element…)

(claim)

Answer 76

indicate

Provided a reasonable reader would understand it to refer to the claimant, this element of the tort is made out.

The claimant may still fail to make out a claim for misuse of private information if the condition of disclosure being legitimately in the public interest is not satisfied

Question 77

Defeated

defence

Answer 77

The defence is defeated if the claimant shows that the defendant did not hold the opinion.

The defence of qualified privilege is defeated by malice

Question 78

Safeguard

Answer 78

A measure taken from protection

This is an important safeguard for the role of the press in providing a vehicle for freedom of speech.

Question 79

Iniquitous

Answer 79

grossly unfair and morally wrong

Question 80

synonym

want the fire to last

Answer 80

want the fire to take hold

Question 81

synonym

adjacent to the back of a location

Answer 81

Backing onto the courtyard was a cafe run by Mr Holloway

Question 82

Strained

relations

Answer 82

not relaxed or comfortable; tense or uneasy

Relations between the Mr Holloway and the inhabitants of the courtyard were strained because of the noise from the café.

Question 83

Synonym

Shouting expletives

Answer 83

When Mr Holloway’s wife shouted abuse at them from her first-floor bedroom window.

Question 84

synonym

starting anew

Answer 84

Once the bankruptcy is over, Tony can start again with a clean slate – his liabilities to his creditors will have been wiped out, but he will also have lost all his assets including, probably, his home and his business.

Question 85

Subsist

contract

Answer 85

remain in force or effect:
the court may treat a contract as still subsisting.

The relationship which subsists between two or more people carrying on a business in common with a view of profit

Question 86

override

Answer 86

use one’s authority to reject or cancel

The express agreement overrides a lot of the terms which otherwise the law would have implied between them. That way, they could choose the rules that they wanted to apply between them. There are very few restrictions on what can be agreed, so the partnership agreement is a very flexible tool.

Question 87

veil of incorporation

Answer 87

The separation between the company and its owners is often called the veil of incorporation. It means that, once the company has come into existence, there is a veil or curtain drawn separating the company from the owners.

Question 88

Registrar of Companies

Answer 88

The company has to file lots of information with the Registrar of Companies – for example, its annual accounts. That way, people dealing with the company can check to see what they are taking on.

Question 89

Negligence

duty….harm…..undesired

Answer 89

a breach of a legal duty of care owed to a claimant that results in harm to the claimant, undesired by the defendant.

Question 90

Lay down (rules)

Answer 90

It was in this landmark case that the accepted test was laid down for considering whether a duty should be owed in any given novel situation

Question 91

Contemplation

Answer 91

Who then, in law, is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

Lord Atkin Donoghue v Stevenson

Question 92

line of authority

Answer 92

Where there is a line of authority establishing that a duty of care is owed or not owed, the courts must follow that authority

Question 93

Analogy

Answer 93

a comparison between one thing and another, typically for the purpose of explanation or clarification:

The requirement that, when considering novel duty situations, the law should develop incrementally and by analogy with established authority was part of the reasoning of Lord Bridge in Caparo

The court again drew an analogy with the reward cases

a thing which is comparable to something else in significant respects

works of art were seen as an analogy for works of nature.

Question 94

lay (responsbility)

Answer 94

Primary responsibility for the condition of the ship lay with the ship owner

Question 95

exonerate

Answer 95

to be released from

In Hill the police were exonerated from liability on the basis that they did not owe a duty of care to any individual as their duty is to the public at large

Question 96

Synonym

Progress

Answer 96

In Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, the Supreme Court made significant inroads into the principle that the police cannot be sued in negligence

Question 97

Synonym

locked up

Answer 97

A group of young offenders who are currently incarcerated in a young offender institution are taken on a work party at a local harbour.

Question 98

Synonym

Meeting/satisfying

Answer 98

This means that the defendant must be at fault by failing to come up to the standard required by law for fulfilling the duty