General Flashcards

(55 cards)

1
Q

Action

A

A case which is commenced by a claimant against a defendant in the civil court.

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2
Q

Ad hoc

A

For this purpose.

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3
Q

Attendance note

A

An attendance note is completed to record what was discussed and decided during an interview.

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4
Q

Attestation Clause

A

Immediately after the concluding words which confirms the relevant party has executed the document.

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5
Q

A Barrister

A

Someone who has passed the examinations set by the bar council and they appear in court as advocates.

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6
Q

Advocasey

A

Talking on someones behalf

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7
Q

Bona fide

A

sincere, in good faith

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8
Q

Chambers

A

Offices used by Barristers.

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9
Q

Chartered Legal Executive

A

A Fellow of the Chartered institute of legal executives. They carry out the same duties as a solicitor.

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10
Q

CILEx

A

Chartered institute of Legal Executives, they set the professional standards.

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11
Q

Civil procedure rules

A

Rules which apply to Actions in the Civil Courts.

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12
Q

Common Law

A

Laws made by judges that are adopted in different parts of the country.

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13
Q

Compos Mentis

A

Mentally sound.

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14
Q

Confidentiality

A

Clients details must never be passed to a third party without prior approval of the client.

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15
Q

Conflict of interest

A

A solicitor is not usually able to act for both parties in a case.

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16
Q

De facto

A

In fact

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17
Q

Delegated Legislation

A

When Parliment passes an enabling act to organisations to enable them to make laws.

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18
Q

Disclosure of documents

A

Parties to an action must disclose documents to eachother that they have relating to the action.

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19
Q

Draft

A

A working document that has not yet been completed and may be altered until everyone is happy with its content.

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20
Q

DX

A

Document Exchange is a private postal system used by solicitors.

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21
Q

Endorsement

A

Is a Back sheet that is wrapped round a document

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22
Q

Engrossment

A

A final version of a document with all final alterations agreed.

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23
Q

Execution

A

When a document has been agreed, engrossed and ready to sign.

24
Q

ex officio

25
Fee earner
Any one who earns fees for a firm.
26
Hatching plans
Plans which are attached to documents that have the appropriate portion of land clearly indicated.
27
In absentia
While absent
28
in situ
in its place
29
Judicial Precedent
Where judges follow a rule that was set by another judge in a similar case. Not all judges can set a precedent.
30
Law Reports
Barristers report important cases in All ER and Weekly Law Reports
31
Law Society
A representative body for solicitors.
32
Legal Funding
Legal aid that funds the public for legal services.
33
Matter
Proceedings, other than actions, are known as matters. Such as matrimonial matters. Questions to be settled by the court.
34
Non sequiter
It does not follow.
35
Obiter Dicta
Other things said
36
Per Diem
Daily
37
Per se
Taken alone, in itself
38
Precedent
Something that serves as a model or a document template
39
Pro Bono
Done without charge
40
Pro forma
Done as a formality
41
Pro rata
According to the rate, in proportion
42
Ratio decidendi
The reason for deciding
43
Rights of audience
A right of a lawyer
44
Sewing
Some firms like their documents to be sewn up, green for most documents and black for wills
45
Solicitor
Deals with all aspects of Law. Has passed examinations set by the Law society.
46
Solicitor Advocate
Qualified solicitor whos undertaken an additional advocacy qualification to allows right of audience
47
Stare Decisis
Let the decision Stand
48
Status Quo
How things currently are
49
Statue
An act of Parliment (Law passed by Parliment)
50
Testimonium Clause
The Clause of a document which starts 'in witness whereof' giving information of when it was signed and who it was witnessed by.
51
Time recording
All fee earners time spent on their clients cases are recorded so that it can be charged to the final bill of costs.
52
Ultra vires
Beyond the powers
53
Verbatim
Exactly as said
54
Versus
Against
55
Vice Versa
The order being reversed