Question 1 Flashcards

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1
Q

What is common law?

A

is a body of unwritten laws based on legal precedents established by the courts

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2
Q

What is statute?

A

An act of parliament-that is, primary legislation created by parliament

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3
Q

What is tort?

A

A civil wrong, such as defamation , for which monetary damages may be awarded

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4
Q

What is a claimant?

A

the person who bring an action to civil court.

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5
Q

What is the human rights act 1998?

A

Individuals can require any UK court to consider their rights under the convention in the context of any cases.

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6
Q

What is criminal law ?

A

Criminal law deals with offences which harm the whole community.

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7
Q

What is civil law?

A

concerns disputes between individuals and organisations.

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8
Q

What is counsel?

A

barrister, not solicitor

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9
Q

What is indictment?

A

A written statement of the charge put to the defendant at the arraignment at crown court

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10
Q

What is arraignment?

A

The procedure at crown courts when charges are put to defendants for them to plead guilty or not guilty

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11
Q

What is automatic/automatically?

A

terms used for reporting restrictions which ban publication of certain information if no court order is needed to put them into effect in respect of a particular case

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12
Q

What is honest opinion?

A

A defence to a libel action, the defendant does not have to show the words were fair, but must show they were an honestly held opinion.

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13
Q

What is case law?

A

The system by which reports of previous cases and the judges interpretations of the common law are used as precedents where the legally material facts are similar

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14
Q

What is copyright?

A

The law which protects the rights of the creators of original literary, dramatic, musical and artistic works

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15
Q

What is fair dealing?

A

The limited use of copyright material for reporting news or current affairs, or for criticism or review or quotation, under which the work is properly identified and attributed to its author.

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16
Q

What is judicial review?

A

A review by the queen’s bench divisional court, part of high court, of decisions taken by a lower court, tribunal, public body or public official.

17
Q

The three types of crown court judges

A
  1. High court judges
  2. Circuit judges
  3. Recorders
18
Q

What is ECHRA?

A

European convention on human rights- contains privacy matter