Revisions Flashcards

1
Q

What is law?

A

Law can be a system of rules or a law about sth. It can also mean to have a right to do or have sth.

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2
Q

What is land law?

A

A subject/branch of law which deals with the ownership and transfer of land or immovable property

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3
Q

What is criminal law?

A

A subject/branch of law which determines crimes and punishments

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4
Q

What is international law?

A

A subject/branch of law which regulates the relationship between states

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5
Q

What is law of tort?

A

A subject/branch of law which provides for damages for the victim injured by another person

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6
Q

Petition

A

Written application to a court

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7
Q

Settlement

A

Agreement after an argument

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8
Q

Pleadings

A

Documents giving the arguments which the parties will use in the proceeding

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9
Q

Litigation

A

Starting legal proceedings against someone to have a disputed settled

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10
Q

Writ/claim form

A

Legal document demands of a person and inviting the defendant to come to court

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11
Q

Right of audience

A

The permission to plead before court

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12
Q

Non-litigious matters

A

Matters which are not in dispute

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13
Q

Will

A

Last wishes of a person drafted in a legal document

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14
Q

Source of law

A

The origins of laws, the binding rules that enable any state to govern its territory

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15
Q

Subsidiary

A

Subordinate, secondary, less important

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16
Q

Unwritten law

A

Case law

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17
Q

Law report

A

Reported judicial decision

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18
Q

Act of Parliament

A

One rule made by parliament contained in a written document

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19
Q

To preponderate over

A

To be predominate, to prevail

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20
Q

Legislation

A

Law made by parliament, act of parliament, statutes

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21
Q

Sovereign

A

Having the highest power or being completely independent

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22
Q

To confer

A

To give an official title, honour or advantage to someone

To delegate, to give

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23
Q

To remove

A

To take away

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24
Q

Basic rights

A

Fundamental freedoms, entitlements for everybody, fundamental liberties, human rights

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25
Q

To interpret

A

To construe

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26
Q

Delegated legislation

A

In the U.K., laws, rules etc made by a person or group other than the parliament that has been given special powers to do this by parliament

Subordinate legislation

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27
Q

To vest power in

A

To transfer a right to sb

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28
Q

Subsequent court

A

Later, following court

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29
Q

The hallmark of sth

A

Feature of sth

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30
Q

To e love inductively

A

To develop from decision to decision

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31
Q

Actualities

A

Real conditions or facts

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32
Q

To hark back

A

To go back to

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33
Q

Deductive approach

A

Method which bases on a general rule and concludes to the examples

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34
Q

Divergent

A

Different from each other

35
Q

Salient feature

A

Striking, important

36
Q

Hierarchical authority

A

Competence according to the level in a hierarchy

37
Q

Binding case

A

Obligatory case, precedent

38
Q

What does the doctrine of the binding case say?

A

It says that

1) an inferior court is bound by the judicial decision of superior courts an,
2) a subsequent court has to follow the judicial decision of a previous court when deciding a similar case.

39
Q

Bill

A

A draft law

40
Q

White Paper

A

Governmental proposal on a new law having the structure of an Act of Parliament

41
Q

Green Paper

A

Governmental proposal on a new law at early stage with the intention of attracting public response and comment

42
Q

Royal Assent

A

The monarch’s agreement to a Bill which makes it an Act of Parliament

43
Q

Bicameral

A

Consisting of two houses or chambers

44
Q

Hereditary peer

A

A member of HoL who inherited his/her peerage and belongs to the Lords Temporal

45
Q

Life peer

A

A member of HoL who did not inherit his/her peerage and belongs to the Lords Temporal

46
Q

To delay

A

To put off until later

47
Q

MP

A

A member of the HoC called Member of Parliament

48
Q

To scrutinise

A

To make a detailed examination of sth

49
Q

Public bills

A

Concern matters of general interest of the public

50
Q

Private bills

A

Benefit a particular person or a group of persons

51
Q

Hybrid bills

A

Mixture of public and private bill, introduced by the government, promote only a group of people

52
Q

Government bills

A

Introduced by the government in either house

Introduced by a minister or other member in charge

53
Q

Private member’s bills

A

Introduced by a private member only in the HoC

If not supported by the government there is a little chance of success

54
Q

Indictable offence

A

A serious crime tried on indictment

55
Q

Tribunal

A

Special court

56
Q

Civil jurisdiction

A

The power of a court to try civil cases

57
Q

Domestic proceedings

A

A trial or hearing on family matters

58
Q

To try a case summarily

A

To try a case without jury in a quick manner

59
Q

Preliminary investigation

A

Dealing with a case before trial

60
Q

To appeal

A

To refer a case to a higher court to reach a different decision

61
Q

To remit, to commit a case

A

To refer a case to another court to reach a decision at all

62
Q

Offer and acceptance

A

Ar the two statements of willingness which must correspond in order to have a contract

63
Q

Intention to create legal relations

A

Is the will to be legally bound

64
Q

Remedy

A

Is the way of repairing harm or damage

65
Q

Specific performance

A

Is a remedy one can seek in order to reach the fulfilment of the obligations under a contract

66
Q

Misrepresentation

A

Is a false statement or fact made by one party to the other which induces the other party to enter into the contract

67
Q

Void and voidable

A

Void means having no legal effect, invalid

Voidable means sth can be made void

68
Q

Offender, perpetrator

A

A synonym for “a criminal”

69
Q

Actual bodily harm

A

The crime of physically hurting or injuring a person

70
Q

Assault

A

Attacking another person illegally

71
Q

Arson

A

The crime of setting fire to property

72
Q

Manslaughter

A

The crime of killing a person just by chance or under mitigating circumstances

73
Q

Drunken driving

A

Driving a car under alcohol

74
Q

Murder

A

The unlawful killing of human being malice aforethought

75
Q

Handling stolen goods

A

The crime dealing with stolen goods

76
Q

Burglary

A

The offence of breaking into a house and stealing sth

77
Q

Perjury

A

The crime of telling lies on oath

78
Q

Theft

A

Stealing property of another with the intention of permanently depriving that other of his property

79
Q

Contempt of court

A

The crime of bad behaviour in court

80
Q

Reconversion

A

Imaginary process which a fictional conversion is considered which has not taken place in reality

Rechtliche Rückumwandlung

81
Q

Satisfaction

A

An obligation is discharged by payment, performance or some similar act

82
Q

Mare a Injuction

A

Court order to freeze the assets of a person who has gone overseas or of a company based overseas to prevent them being taken out of the country, called after the case of Compania Naviera SA v. International Bulk Carriers SA

83
Q

Anton Pillen Order

A

Order by a court in a civil case allowing a party to inspect and remove a defendants documents, especially where the defendant might destroy evidence, called after the case of Anton Piller K.G. v. Manufacturing a process Ltd.