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English Law & Terminology > Random > Flashcards

Random Flashcards

1
Q

Common Law

A

Law established by court decisions rather than by statutes

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2
Q

Breach of peace

A

A conduct that seriously endanger public peace and order.

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3
Q

Shires

A

A district or division of country

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4
Q

Writ

A

Formal written order issued by a court

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5
Q

Civil Law System

A

A legal system which is based on Roman law and centers around codes

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6
Q

Fealty

A

The tenant was bound to his lord by fealty, an oath of fidelity.

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7
Q

Plaintiff

A

A plaintiff is the party who initiates a law suit before the court

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8
Q

Precedent (case)

A

Any case that serves as a guide for similar cases

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9
Q

Statute

A

Rules made by legislative bodies

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10
Q

Overrule

A

To decide that a former decision was not correct

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11
Q

Treatise

A

A Formel and systematic written discourse on some subject

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12
Q

Material difference

A

A difference that is sufficiently important to be of legal consequence

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13
Q

Barristors

A

Rechtsanwalt (in höheren Gerichten)

Presentation of cases in higher courts

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14
Q

Solicitors

A

Rechtsanwalt (in niedrigen Gerichten)

Preparatory stage of court action

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15
Q

Crown Prosution Service (CPS)

A

First national system for the prosecution of offenses. Independent of the police.

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16
Q

Law Office (of the crown)

A

Represents the Crown in certain civil cases.

May appear in proceedings on behalf of the general public

17
Q

Judges

A
  • First you must be a practicing lawyer
  • Independent
  • Judicial immunity (juristische Immunität)
18
Q

Queen’s Counsel

A

A status, conferred by the crown, that is recognised by courts.
- “Take silk” QC werden (Silk = bestimmtes Kleidungsstück)

19
Q

Men’s rea (Criminal law elements)

A
  • mental state or degree of fault
  • at relevant time
  • intention
  • oblique intention -> Foresight by defendant of virtual certainty
  • Recklessness
20
Q

Actus reus (Criminal law elements)

A
  • Act of doing that wich is criminal

- Surrounding circumstances prescribed by offence defintion

21
Q

General defenses (criminal law)

A

Justifications

  • Self-Defence/Prevention of Crime
  • Necessity
  • Consent

Excuses

  • Insanity
  • Automatism
  • Infancy
  • Intoxication
22
Q

Murder

A

Unlawfully killing another person (actus reus) with the intention to kill or to do serious harm (men’s rea)

23
Q

Magistrate Courts

A
  • deals with petty crimes (criminal) & recovery of certain debts
  • panel of three unpaid lay magistrates
  • assisted by the clerk of the court
  • magistrates don’t have to follow this advise
  • Appeal lies to the High Court (civil matters) & crown court (criminal cases)
24
Q

County Courts

A
  • established by the county courts act 1846
  • jurisdiction limited to civil cases with small claims & limited geographically (local)
  • all claims less than 15.000 Pfund must start at county court
  • circuit (Bezirks) Judges
  • assisted by district judges
  • appeal lies to Court of Appeal (civil division)
25
Q

Crown Court

A
  • exclusively criminal jurisdiction
  • deals with serious crimes
  • hears appeals from the magistrate courts
  • trial conducted before a judge
  • jury consisting of 12 lay members of the public
  • appeal lies to Court of appeal (criminal division)
26
Q

High Court of Justice

A
  • 3 divisions (Queen’s Bench Division, Chancery Division, Family Division)
  • Queen’s Bench Division
    • Wide range of contract law & tort cases (civil wrong)
    • Appeals from magistrate & crown court
  • Chancery Division
    • Land, trusts, insolvency
    • Patent Court
  • Family Division
27
Q

Court of Appeal

A
  • Civil Division
    • Appeals from the County Court, Family Court & High Court of justice
    • Headed by Master of the Rolls (MR)
  • Criminal Division
    • Appeals from Crown Court
    • Headed by Lord Chief Justice
  • Decisions are binding to all lower courts
  • Permission to appeal is required
28
Q

Supreme Court of United Kingdom

A
  • Court of last resort
  • Only hears cases with general public importance
  • 12 judges
  • Cannot overturn primary legislation (doctrine of parliamentary sovereignty )
29
Q

Law Clerk

A

A law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions.

30
Q

Appeal

A

Re-examination of case by higher court

31
Q

Outcome in civil cases vs. criminal cases

A

Civil Cases: defendant liable or not liable

Criminal Cases: defendant guilty or not guilty

32
Q

Use of the Jury

A
  • Civil Cases

- rarely in (fraud, defamation, malicious prosecution & false imprisonment)

33
Q

Burden of proof

A

The party who asserts that something is true must prove that it is.

34
Q

Standard of Proof

A

Degree of proof that is required to establish the truth of a particular fact.

  • Civil Cases: “on a balance of probabilities”
  • Criminal Cases: “beyond a reasonable doubt”
35
Q

Unanimous verdict

A

All members of the jury are in agreement as to whether a defendant is guilty or not guilty.

English Law & Terminology (2 decks)

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