Week 1: Court terminology Flashcards
Double Jeopardy
This prevents a person from being brought before the courts for a second time on the same charge after being acquitted.
Double jeopardy is a widely-held legal principal, and forms part of the European Convention on Human Rights (ECHR).
Plea in mitigation
A submission made on behalf of the accused prior to sentencing setting out reasons for minimising the sentence to be imposed.
Stated Case
Procedure for lodging appeal following summary trial.
Bill of advocation
to take a criminal case from an inferior court to a superior court on account of partiality or incapacity of the judge or intricacy of the case.
It is now also a means of review for errors by an inferior judge during a criminal case up to sentence.
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Bill of suspension
An application by the person affected to the High Court of Justiciary from a court of summary jurisdiction seeking to review and set aside an illegal or improper warrant, conviction or decision.
In what way does a charge of murder differ from a charge of culpable homicide?
Mens rea (1 mark for criminal intent/mind) For murder is intention to kill Or wicked recklessness
Standard of proof in civil case?
Court decides on “balance of probabilities” – “in other words, the judge or jury has to decide which of the conflicting stories is more probable” (p.53, McInnes, 2010)
Standard of proof in criminal case?
With a criminal case, it’s based on “beyond reasonable doubt”.
Pursuer
The person who starts a case in the Civil court
Defender
The person who is being sued and who civil proceedings have been brought against
Delict
A civil wrong for which damages can be awarded
Damages
Compensation for harm caused by civil wrong
Interdict
a court order by judge put in place to protect people or places
Sources of law in scotland
The Scottish Parliament (on devolved matters)
•The UK Parliament (on reserved matters)
•Courts and Case Law (including Court of Session and UK Supreme Court)
•Human Rights Act and the European Human Rights Convention
•European Court of Justice
•European Court of Human Rights
advocate
The Scottish law term for a barrister; one who argues cases for clients before the Court.
councel
Becoming senior counsel or QC means that an Advocate is very experienced and is very highly regarded in the legal profession.
to sue
to bring a civil action against someone, the punishment of which is paying damages
“Sue” is generally used for civil trials. These are trials where the punishment is paying money to the person who is suing.
to prosecute
conduct legal proceedings against (a person or organization).
“Prosecute” is generally used for criminal trials. These are trials where the punishment is usually jail.
settlement
In Civil Law, Settlement refers to the legal agreement adopted by opposing parties before or during court proceedings, spelling out the negotiated terms and obligations that all will accept to officially end a dispute. Most civil cases are decided not by trial, but by settlement
held liable
legally responsible for causing damage or injury, so that you have to pay something or be punished. If something goes wrong, you’ll be liable.
guilty, not guilty, not proven
GUILTY: This means the evidence has been enough to prove ‘beyond reasonable doubt’ that the accused person committed the crime or part of the crime. The judge will consider the most appropriate sentence or punishment.
NOT GUILTY: It is simply one of two possible acquittal verdicts. means the accused has been found not guilty of committing the crimes they are charged with. the accused cannot be tried again for the same offence.
NOT PROVEN: a verdict that there is insufficient evidence to establish guilt or innocence. the accused cannot be trialled again for the same offence.
convicted
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction (“guilty”) and two of acquittal (“not proven” and “not guilty”). … Over time, the “not guilty” verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers.
acquitted, in chambers
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction (“guilty”) and two of acquittal (“not proven” and “not guilty”). … Nowadays, juries can return a verdict of either “not guilty” or “not proven”, with the same legal effect of acquittal.
bail
where an accused is released from custody on the condition that they meet certain obligations.
The accused will sign a bail order, which is an undertaking to meet certain standard conditions.
