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
To interpret
To construe
26
Delegated legislation
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
27
To vest power in
To transfer a right to sb
28
Subsequent court
Later, following court
29
The hallmark of sth
Feature of sth
30
To e love inductively
To develop from decision to decision
31
Actualities
Real conditions or facts
32
To hark back
To go back to
33
Deductive approach
Method which bases on a general rule and concludes to the examples
34
Divergent
Different from each other
35
Salient feature
Striking, important
36
Hierarchical authority
Competence according to the level in a hierarchy
37
Binding case
Obligatory case, precedent
38
What does the doctrine of the binding case say?
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
Bill
A draft law
40
White Paper
Governmental proposal on a new law having the structure of an Act of Parliament
41
Green Paper
Governmental proposal on a new law at early stage with the intention of attracting public response and comment
42
Royal Assent
The monarch's agreement to a Bill which makes it an Act of Parliament
43
Bicameral
Consisting of two houses or chambers
44
Hereditary peer
A member of HoL who inherited his/her peerage and belongs to the Lords Temporal
45
Life peer
A member of HoL who did not inherit his/her peerage and belongs to the Lords Temporal
46
To delay
To put off until later
47
MP
A member of the HoC called Member of Parliament
48
To scrutinise
To make a detailed examination of sth
49
Public bills
Concern matters of general interest of the public
50
Private bills
Benefit a particular person or a group of persons
51
Hybrid bills
Mixture of public and private bill, introduced by the government, promote only a group of people
52
Government bills
Introduced by the government in either house Introduced by a minister or other member in charge
53
Private member's bills
Introduced by a private member only in the HoC If not supported by the government there is a little chance of success
54
Indictable offence
A serious crime tried on indictment
55
Tribunal
Special court
56
Civil jurisdiction
The power of a court to try civil cases
57
Domestic proceedings
A trial or hearing on family matters
58
To try a case summarily
To try a case without jury in a quick manner
59
Preliminary investigation
Dealing with a case before trial
60
To appeal
To refer a case to a higher court to reach a different decision
61
To remit, to commit a case
To refer a case to another court to reach a decision at all
62
Offer and acceptance
Ar the two statements of willingness which must correspond in order to have a contract
63
Intention to create legal relations
Is the will to be legally bound
64
Remedy
Is the way of repairing harm or damage
65
Specific performance
Is a remedy one can seek in order to reach the fulfilment of the obligations under a contract
66
Misrepresentation
Is a false statement or fact made by one party to the other which induces the other party to enter into the contract
67
Void and voidable
Void means having no legal effect, invalid Voidable means sth can be made void
68
Offender, perpetrator
A synonym for "a criminal"
69
Actual bodily harm
The crime of physically hurting or injuring a person
70
Assault
Attacking another person illegally
71
Arson
The crime of setting fire to property
72
Manslaughter
The crime of killing a person just by chance or under mitigating circumstances
73
Drunken driving
Driving a car under alcohol
74
Murder
The unlawful killing of human being malice aforethought
75
Handling stolen goods
The crime dealing with stolen goods
76
Burglary
The offence of breaking into a house and stealing sth
77
Perjury
The crime of telling lies on oath
78
Theft
Stealing property of another with the intention of permanently depriving that other of his property
79
Contempt of court
The crime of bad behaviour in court
80
Reconversion
Imaginary process which a fictional conversion is considered which has not taken place in reality Rechtliche Rückumwandlung
81
Satisfaction
An obligation is discharged by payment, performance or some similar act
82
Mare a Injuction
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
Anton Pillen Order
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.