Terminology

Question 1

Case law

Answer 1

Law established by judicial decisions given in earlier cases

Question 2

Precedent (case)

Answer 2

Common-Law doctrine under which past decisions of a court are cited as an authority to decide a substantially similar current case

Question 3

Statute

Answer 3

An enactment made by a legislature and expressed in a formal document

Question 4

Law reports

Answer 4

Published volumes of the decisions of courts

Question 5

To prevail

Answer 5

To win a law suit.

Question 6

To overrule

Answer 6

The refusal by a judge to sustain an objection set forth by an attorney during a trial.

Question 7

Treatise

Answer 7

A formal and systematic written discourse on some subject

Question 8

Sentence

Answer 8

The punishment given to a person convicted of a crime

Question 9

Fines

Answer 9

Monetary charges imposed upon a person who has been convicted of a crime.

Question 10

Clerk

Answer 10

A person employed in an office or government agency who performs various tasks such as keeping records or accounts, filing, letter writing, or transcribing.

Question 11

Summary Offences

Answer 11

Crimes which can only be heard an decided by a magistrate in the magistrates court.

Question 12

Quash

Answer 12

Quash means to nullify, void or declare invalid

Question 13

Standard of proof

Answer 13

The level of certainty of evidence necessary to establish proof in a criminal or civil proceeding.

• beyond a reasonable doubt
• clear-and-convincing evidence

Question 14

Unanimous verdict

Answer 14

Where all members of the jury are in agreement wether the defendant is guilty or not guilty

Question 15

Majority verdict

Answer 15

The decision of the jury must be taken 11:2 or 10:2.

Question 16

Jury tampering

Answer 16

Interference with members of a jury by intimidation, bribery or other persuade means.

Question 17

Conduct

Answer 17

Act of doing that which is criminal

Question 18

Causation

Answer 18

“But for” test: if the result would not have occurred in the

way it did but for the defendant’s conduct

Question 19

Men’s rea

Answer 19

intention or recklessness as to the actus reus

Question 20

Actus reus

Answer 20

application of unlawful force to the body of another

Question 21

Murder

Answer 21

unlawfully killing another person (actus reus) with the intention either to kill or to do serious harm (mens rea)

Question 22

Contract

Answer 22

A voluntary agreement between two or more parties, which creates legally enforceable obligations

Question 23

Consideration

Answer 23

contract only enforceable if the promisee has given or promised something in exchange for the promise