Part 1 - Basic knowledge of the law, including of court processes, of terminology, and of the hierarchy of the courts Flashcards

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1
Q

What are the three sources of UK law

A

Common law, case law and statute

In many cases UK courts must also consider the European Convention on Human Rights

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2
Q

The differences between civil and criminal law, and examples of an event which could lead a defendant to face both sections of the courts.

A

Civil law: the system of law concerned with private relations between members of a community rather than criminal

Criminal law: a system of law concerned with the punishment of offenders.

E.g. a car crash in which the defendant was charged with drink driving, and so faces criminal proceedings. Where the victim of the car accident sues the defendant in a civil court for damages because of the injuries sustained in the accident.

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3
Q

Define Charge

A

formally accuse (someone) of something, especially an offence under law.

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4
Q

Define Prosecute

A

to charge a person with a crime and thereafter pursue the case through trial

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5
Q

Define Claimant

A

The person who takes an action to enforce a claim in a civil court

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6
Q

Define Defendant

A

The person who is accused of a crime and is facing prosecution.

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7
Q

Define Solicitor

A

A legal representative that can perform all legal services except appear in court.

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8
Q

Define Barrister

A

Barristers try cases and represent either the defence or prosecution.

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9
Q

Define Counsel

A

Barrister (single or plural) not a solicitor

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10
Q

Define To Sue

A

toprosecute,assertalegalclaim,orbringactionagainstaparticularparty.

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11
Q

Define Damages

A

money compensation for loss or injury caused by the wrongful act of another.

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12
Q

Define Tort

A

A civil wrong for which monetary damages may be awarded if the person affected sues in civil law. E.g. Defamation or medical negligence

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13
Q

Define Injunction

A

a court order which orders a company or person to stop doing a particular act or thing.

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14
Q

Define Settlement

A

a resolution between disputing parties about alegalcase, reached either before or after court action begins.

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