Law GCSE Key Terms

  • Created by: Jonny
  • Created on: 24-04-13 14:43
R
Regina (the Queen), in whose name the presuction is brought.
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Claimant
The person bringing a civil case.
2 of 90
Tort
A civil wrong such as negligence, nuisance and trespass.
3 of 90
Objective
Seeing things from an independent or outside viewpoint.
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Subjective
Seeing things from an inside/personal viewpoint.
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Summary
The least serious type of crime.
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Triable-either-way
Mid-range crimes. (These will either be held in the Magistrates or Crown court.)
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Indictable
The most serious type of crime,
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Aggravating
Factors making the offence and sentence more severe.
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Mitigating
Factors making the offence and sentence less severe.
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Mandatory
Compulsory; the judge has no choice as opposed to discretionary sentences, where they do.
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Court of First Instance
A court where the original trial is heard.
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Appellate Court
A court which hears appeals.
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Litigation
The process of deciding an issue through a court case.
14 of 90
Pro Bono
For free.
15 of 90
Means Tested
Dependent on proof of low income and savings/investments.
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Chambers (Judges)
In the judge's room rather than in open court.
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Lay Person
Not legally qualified or paid.
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Electoral Register
Electronic list of people registered to vote.
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Deferred
Put off to a later time.
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Unanimous
All agree with the decision.
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Perverse Verdict
A verdict that goes against the evidence; voting with a conscience.
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Jury Nobbling
Threatening or bribing jurors.
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Case-Hardened
Magistrates may see the same types of case on a regular basis and may hear the same kinds of defences or excuses.
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Conveyancing
Buying and selling land.
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Advocate
Some who represents a client in court.
26 of 90
Counsel
The name by which barristers are known.
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Chambers (Barristers)
Offices, facilities and clerks shared by a group of barristers.
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Rights of Audience
The authority to represent clients in court.
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ILEX Fellows
A fellow of ILEX is a legal executive. They must be aged over 25 and pass parts 1 & 2 of the ILEX exams and have been working in 'qualifying employment' for 5 years.
30 of 90
Leapfrogging
When the Court of Appeal is 'missed out', and the appela is taken to the House of Lords directly from the High Court, as the House of Lords made the law that is the subject of the appeal.
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Recorder
An experienced barrister or solicitor-advocate who works as a part-time judge for 15-30 days pey year.
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Legislation/Act of Parliament/Statute
These terms mean the same thing and are the end result of law-making by Parliament.
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Green/White Papers
Government publications before a Bill goes to Parliament.
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Readings
Parliament discussing the Bill.
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Committee and Amendments
Detailed discussion/changes to the Bill.
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Royal Assent
The Queen's permission for the Bill to become an Act.
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Precedent
A rule that later cases follow the principles in earlier cases.
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Ratio Decidendi
The reason for a decision.
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Obiter Dicta
Other comments made by Judges.
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Binding Precedent
A precedent which the judge must follow.
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Persuasive Precedent
A precedent which the judge may follow.
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Regulations and Directives
Different forms of EU law.
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Parliamentry Supremacy
The principle that, under English law, Parliament is the highest lawmaking body.
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Duty of Care
A duty owed by the defendant.
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A Neighbour
A person who can be affected by the defendant's actions.
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Foreseeability
What the defendant should predict could happen.
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Proximity
How 'close' the defendant and claimant are, physically or emotionally.
48 of 90
Just, Fair and Reasonable
The defendant will only be liable is that is a fair outcome.
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Reasonable Man
The standard against which the defendant's conduct is judged.
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Breach of Duty of Care
Where the defendant is negligent.
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Res Ipsa Loquitur
An obvious case of negligence where the defendant has to prove he was not negligent.
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Remoteness of Damage
The rule that a claimant cannot recover damages if his loss could not have been foreseen.
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Course of Employment
An employee who is at work and doing his job. (If this is the case the employer is liable)
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Vicarious Liability
An employer's liability for the actions of an employee.
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Visitor
A person lawfully on another's land.
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Trespasser
Someone unlawfully on another's land.
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Independant Contractor
A person who has control over their own actions at work.
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Prescriptive Right.
A right acquired over time.
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Allurement
An attraction which tempts someone onto another's land.
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Public Nuisance
Affects a large group of people.
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Private Nuisance
Interferes with an individuals right to enjoy their property.
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Assault
An attempt or threat to apply force.
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Battery
The application of force.
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Actionable Per Se
Trespass does not require proof of damage by the claimant.
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Trespass to Goods
A minor interference with someone's goods.
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Conversion
A permanent interference with someone's goods.
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Volenti Non Fit Injuria
The defence of consent.
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Necessity
Committing a tort to prevent something worse.
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Act of God
An act of nature which could not have been foreseen.
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Injunction
An order to stop doing something.
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Prohibited Degrees
Close relations who cannot marry.
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Bigamy
Marrying someone whilst already married.
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Banns
Announcements in church of a forthcoming marriage.
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Void Marriage
A marriage that has never existed.
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Voidable Marriage
A marriage that can be annulled (ended) by a court order - not to be confused with the dissolution (ending) of marriage by divorce.
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Irretrievable Breakdown
When a marriage cannot be saved.
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Mediation
An out-of-court attempt to resolve issues between the parties.
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Decree Nisi
The provisional ending of a marriage.
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Decree Absolute
The end of the marriage.
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Maintenance
A financial settlement between the parties.
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Administrator
A person appointed to deal with the estate of someone who has died intestate (without making a will) and who passes the estate to the beneficiaries (those entitled to the estate under intestacy rules)
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A Trust
An obligation to administer property for another/others.
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Personal Chattels
Include personal property, but not money, shares or business property.
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Statutory Trusts
An equal division of the estate between the children of the deceased either on their 18th birthday or on a prior marriage.
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Testator
The person who makes a will.
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Beneficiary
Someone who benefits from an estate under a will.
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Revocation
Changing or disposing of a will.
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Executor
Personal representative named by the testator.
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Family Provision
Provision which must be made for close family and dependants.
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Other cards in this set

Card 2

Front

The person bringing a civil case.

Back

Claimant

Card 3

Front

A civil wrong such as negligence, nuisance and trespass.

Back

Preview of the back of card 3

Card 4

Front

Seeing things from an independent or outside viewpoint.

Back

Preview of the back of card 4

Card 5

Front

Seeing things from an inside/personal viewpoint.

Back

Preview of the back of card 5
View more cards

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