A level law

Actus reus
this is an act, an omission or a state of affairs that is the prohibited conduct in an offence.
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Advocacy
the art of speaking in court on behalf of another; conducting a case in court as the legal representative of another person.
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Assautlt
an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
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Assault occasioning actual body harm
an assault which causes actual bodily harm to the victim and the defendant intends or is subjectively reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force.
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Battery
the application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
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Bill
the name for a draft law going through Parliament before it passes all the parliamentary stages to become an Act of Parliament.
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Binding precedent
a decision in an earlier case which must be followed in later cases.
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Causation
a link between the defendant's act or omission and the injury, loss or damage causes to the claimant.
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Cause pressure group
a pressure group that exists to promote a particular cause.
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Challenge to the array
a challenge to the whole jury on the basis that it has been chosen in an unrepresentative way.
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Civil claims
claims made in the civil courts when an individual or a business believes that their rights have been infringed in some way.
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Civil law
the law concerned with the relationship between individuals.
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Claimant
the legal term for a person or organisation who has suffered loss or damage and is bringing a civil claim for compensation to the courts.
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Codification
bringing together all the law on one topic into one complete code of law.
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Consolidation
combining the law from several Acts of Parliament into one Act of Parliament.
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Contempt of court
the failure to follow an order of the civil court. The court can order punishment if the failure is serious or continues for a period of time.
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Damage
this is a legal concept. It asks the question, has the defendant's breach of duty led to the injury or property damage suffered by the claimant?
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Damages
the payment of money by way of compensation. The aim of damages in tort is to put the claimant back in the position he was in before the tort, so far as money can do so.
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Defendant
the person who has caused the loss or damage.
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Delegated legislation
law made by some person or body other than Parliament, but with the authority of Parliament.
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Denunciation
expressing society's disapproval of an offender's behaviour.
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Deterrence
giving a punishment aimed at putting off the defendant from re-offending because of fear of punishment or preventing other potential offenders from committing similar crimes.
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Directed acquittal
where a judge decides there is insufficient prosecution evidence to allow the case to continue. The jury is directed to find the defendant not guilty.
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Dissenting judgement
a judgement given by a judge who disagrees with the reasoning of the majority of judge in the case.
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Distinguishing
a method by which a judge avoids having to follow what woulds otherwise be a binding precedent.
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Doctrine of precedent
following the decisions of previous cases, especially of higher courts.
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Due diligence
where the defendant has done all that was within his power not to commit an offence.
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EU directives
these are issues by the EU and direct all Member States to bring in the same laws throughout all the countries.
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EU regulations
laws issued by the EU which are binding on Member States and automatically apply in each member country.
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Golden rule
a rule of statutory interpretation. It is a modification of the literal rule and avoids an interpretation that is absurd.
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Green paper
a consultative document issued by the government putting forward proposals for reform of the law.
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Horizontal direct effect
consequential in relations between individuals. This means that an individual can invoke a European provision in relation to another individual.
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Indictable offence
an offence that has to be tried at the Crown Court.
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Injunction
an order of the court to stop doing something. Failure to follow the court order can lead to further sanctions, including possibly imprisonment.
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Intention
a decision to bring about, in so far as it lies within the accused's power, the prohibited consequence, no matter whether the accused desired that consequence of his act or not.
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Lay magistrates
these are unpaid, part-time judges who have no legal qualifications and hear cases in the Magistrates' Courts.
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Legal aid
government help in funding a case.
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Liable
the judge's decision that the case against the defendant is proves and that the defendant should pay compensation.
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Literal rule
a rule of statutory interpretation that gives the words their plain ordinary or literal meaning.
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Mediation
using a neutral person in a dispute to help the parties come to a compromise solution
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Mens rea
the mental element or the fault element in an offence.
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Mischief rule
a rule of statutory interpretation that looks back to the gap in the previous law and interprets the Act so as to cover the gap
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Negligence
an act or a failure to act due to the fault of the defendant which causes injury or damage to another person or his property.
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Negotiation
the process of trying to come to an agreement.
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Neighbour principle
the person who is owed a duty by the defendant. It is not the person living next door. According to Lord Atkin it is anyone you ought to have in mind who might potentially be injured by your act or omission.
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Non-pecuniary loss
loss that is not wholly money-based. This can include pain and suffering as a result of the accident, loss of amenity or a change in lifestyle, such as not being able to play a sport.
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Novus actus interveniens
an intervening act to break the chain of causation.
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Obiter dicta
this means 'other things said'. So it is all the rest of the judgement apart from the ratio decidendi. Judges in future cases do not have to follow it.
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Original precedent
a decision on a point of law that has never been decided before.
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Pecuniary loss
a loss that can be easily calculated in money terms.
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Persuasive precedent
a decision which does not have to be followed by later cases, but which a judge may decide to follow.
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Prosecutor
the legal term for the person or organisation bringing a criminal charge against a defendant.
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Purposive approach
an approach to statutory interpretation in which the courts look to see what is the purpose of the law.
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Ratio decidendi
the reason for the decision. This forms a precedent for future cases.
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reasonably foreseeable
a danger which a reasonable person should predict or expect from his actions.
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Reformation
trying to reform the offender's behaviour so that he will not offend in future.
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Rehabilitate
trying to alter the offender's behaviour so that he will conform the community norms and not offend in future.
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Remedy
the way in which a court will enforce or satisfy a claim when injury or damage has been suffered an proved. In tort law the remedy will usually be damages or occasionally an injunction.
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Reparation
where an offender compensates the victim or society for the offending behaviour.
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Repeal of an Act of Parliament
the Act ceases to be law. Only Parliament can repeal an Act of Parliament.
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Retribution
imposing a punishment because the offender deserves punishment.
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Rights of audience
the right to present a case in court on behalf of another person.
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Sectional pressure group
a pressure group that represents the interests of a particular group of people.
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Stare decisis
this means 'stand by what has been decided and do not unsettle the established'. It is the foundation of judicial precedent.
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Statutory instuments
rules and regulations made by government ministers.
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Strict liability
a civil action where fault of the defendant does not need to be proved.
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Strict liability offences
offences where mens rea is not required in respect of at least one aspect of the actus reus.
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Subjective recklessness
where the defendant knows there is a risk of the consequence happening but takes that risk.
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Summary offence
an offence that can only be tried in the Magistrates' Court.
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The reasonable person
this used to be said to be 'the man on the Clapham omnibus'. Now it is considered to be the ordinary person in the street or doing a task.
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The three-part test
an update of the neighbour test to show who is owed a duty of care in negligence. All three parts have to be satisfied in order that this test is satisfied.
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Tort
this is a civil wrong, and tort law compensates a person who has been injured or whose property is damaged.
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Trespasser
a vistor who has no permission or authority to be on the occupier's land.
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Triable-either-way offence
an offence that can be tried in either the Magistrates' Court or the Crown Court.
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Tribunals
forums used instead of a court for deciding certain types of disputes. They are less formal than courts.
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Ultra vires
it goes beyond the powers that Parliament granted in the enabling Act. Where any delegated legislation is ultra vires, then it is not valid law.
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Vertical direct effect
an individual can claim against the Member State even when a directive has not been implemented by that state.
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Visitor
in legal terms, lawful adult visitors are invitees, licensees, those with contractual permission and those with statutory right of entry.
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White paper
a document issued by the government stating its decisions as to how it is going to reform the law.
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Other cards in this set

Card 2

Front

the art of speaking in court on behalf of another; conducting a case in court as the legal representative of another person.

Back

Advocacy

Card 3

Front

an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.

Back

Preview of the back of card 3

Card 4

Front

an assault which causes actual bodily harm to the victim and the defendant intends or is subjectively reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force.

Back

Preview of the back of card 4

Card 5

Front

the application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.

Back

Preview of the back of card 5
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