Intro to Law and Practice

Buden of Proof
The obligation one party (the claimant in civil cases) to prove their case in court
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Equitable remedies
Discretionary remedies within 'Equity' which are awarded where the judge determines it is just and fair to do so
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Standard of Proof
The weight of evidence which is required for one party to win the case.
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Equitable Maxims
Short 'pithy' satements used by judged and legal writers in the system of Law known as Equity
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Damages
A sum of money awarded by the court in civil cases as compensation
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Common Law (contrast with legislation)
Law which is made by judges in their written decisions in individuals court cases
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Equity
System of Law governed by the priciples of fairness & the equitable maxims. Remedies are discretionary
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Sentence
A punishment gien by the court for any crime or offence
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Citation
The date and reference details of a particular case
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Criminal Law
Body of laws owed to society as a whole
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Civil Law (contrasted with criminal law)
Body of laws dealing with the rights & duties owed by individuals & organisations to each other
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Judicature Act 1873-1875
Act which merged Civil & Criminal Laws. All courts apply common 7 equity. When common law fails, equity prevails
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Injunction
put in place to stop sombody from undertaking certain actions
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Specifica Performance
requires a party to fulfil obligations under a contract
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Rescission
Contract is cancelled & parties reurn to their original position
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Recfification
Court can amend a contract to reflect the true agreement
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Other cards in this set

Card 2

Front

Equitable remedies

Back

Discretionary remedies within 'Equity' which are awarded where the judge determines it is just and fair to do so

Card 3

Front

Standard of Proof

Back

Preview of the front of card 3

Card 4

Front

Equitable Maxims

Back

Preview of the front of card 4

Card 5

Front

Damages

Back

Preview of the front of card 5
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