Part 1 - Basic knowledge of the law, including of court processes, of terminology, and of the hierarchy of the courts Flashcards
What are the three sources of UK law
Common law, case law and statute
In many cases UK courts must also consider the European Convention on Human Rights
The differences between civil and criminal law, and examples of an event which could lead a defendant to face both sections of the courts.
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.
Define Charge
formally accuse (someone) of something, especially an offence under law.
Define Prosecute
to charge a person with a crime and thereafter pursue the case through trial
Define Claimant
The person who takes an action to enforce a claim in a civil court
Define Defendant
The person who is accused of a crime and is facing prosecution.
Define Solicitor
A legal representative that can perform all legal services except appear in court.
Define Barrister
Barristers try cases and represent either the defence or prosecution.
Define Counsel
Barrister (single or plural) not a solicitor
Define To Sue
toprosecute,assertalegalclaim,orbringactionagainstaparticularparty.
Define Damages
money compensation for loss or injury caused by the wrongful act of another.
Define Tort
A civil wrong for which monetary damages may be awarded if the person affected sues in civil law. E.g. Defamation or medical negligence
Define Injunction
a court order which orders a company or person to stop doing a particular act or thing.
Define Settlement
a resolution between disputing parties about alegalcase, reached either before or after court action begins.