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Flashcards in Term 1 Deck (69)
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1
Q

An offence

A

An act resulting in criminal proceedings, dealt with in a Magistrates court presided by a magistrate

2
Q

Crown Court

A

Almost exclusively criminal jurisdiction

Appeals from magistrates, indictable offences

3
Q

Regina / Rex

A

Queen / King

4
Q

Criminal Standard of Proof

A

Beyond reasonable doubt

5
Q

Civil Law

A

Disputes between individuals or organisations

6
Q

Civil remedies

A

Damages, decrees for specific performance and Injunctions

7
Q

Civil Standard of Proof

A

Balance of probabilities

8
Q

Civil Courts

A

County or the High Court

9
Q

Common Law

A

Law not the result of legislation it is created by the decisions of judges / customs of people.

10
Q

Civil law action citation

A

Claimant v Defendant

11
Q

Welsh Law

A

Law of Hywel Dda

12
Q

Supreme Court

A

Final court of appeal

12 Justices

13
Q

Equity

A

Law that addresses outside the jurisdiction of common law, like an injunction.

14
Q

Mandatory Injunction

A

Undo or remedy any damages

15
Q

Prohibitory Injunction

A

Discontinue a wrongful act

16
Q

Barrister Courts

A

All courts

17
Q

Solicitor Courts

A
County 
Magistrates
Coroners
Tribunals
EU
18
Q

Solicitor Advocates

A

Crown
High
Court of Appeal
Supreme

19
Q

Barrister Practices

A

Middle Temple
Inner Temple
Gray’s Inn
Lincoln’s Inn

20
Q

Tribunals

A

Employment
Immigration
Tax

21
Q

Litigation

A

Process of taking legal action

22
Q

CFA

A

Conditional Fee Agreement - No win no fee

23
Q

Ratio Decidendi

A

Rule of law which future decisions are based

24
Q

Obiter Dicta

A

A judge’s opinion not essential to the decision therefore not legally binding as a precedent.

25
Q

Precedent

A

Similar cases should be decided in a similar way

26
Q

Binding - Should be followed

A

Supreme court

Court of Appeal

27
Q

Persuasive - May be followed

A

Middle tier

28
Q

Non-Binding - Would not be considered

A

Low court like county

29
Q

Judicial Comity

A

Respect for other judges supporting the system

30
Q

Assizes

A

A court which sat at intervals in each county of England and Wales to administer the civil and criminal law.

31
Q

Name of the legal Dictionary

A

Hansard

32
Q

Stare Decisis

A

The doctrine of binding precedent

33
Q

Court of Appeal

A

Criminal Division - Appeals from Crown Court

Civil Division - Appeals High Court, Master of the Rolls

34
Q

High Court

A

Queens Bench, Family and Chancery Division

First instance and appeal

35
Q

TCC

A

Technology and Construction Court

Formerly Official Referee’s Court

36
Q

Jury

A

12

37
Q

Credit

A

Up to 1/3 off

38
Q

ADR

A

Alternate Dispute Resolution
Conciliation
Mediation

39
Q

Legal Training

A

Everyone apart from Magistrates

40
Q

Magistrates Court

A

3 magistrates

41
Q

Tort

A

Private or civil wrong

42
Q

Private Bill

A

Proposal for legislation affective the powers of particular bodies

43
Q

Hybrid Bill

A

Mixture of public and private affecting the specific rights of people or bodies

44
Q

Royal Assent

A

Approval by the Queen

45
Q

Arbitration

A

Disputes are decided by an arbitrator

46
Q

Interlocutory Injunction

A

Temporary injunction

47
Q

EU Justice/Human Rights

A

Justice - Luxembourg

Human Rights - Strasbourg

48
Q

Head of Criminal

A

Lord Chief Justice

49
Q

Summary Judgement

A

An obvious wrong

50
Q

Hear Say

A

Out of court under oath

51
Q

Per Incurium

A

Careless decision

52
Q

Time for cases

A

Contract - 6

Health - 3

53
Q

Latent

A

Hidden

54
Q

Overriding Objective

A

All cases dealt with justly

55
Q

White Paper

A

Statute proposed

56
Q

Green Paper

A

Statute discussed

57
Q

Statute

A

Written Law

58
Q

Construction Academic Text

A

Keatings

59
Q

AC

A

Appeal Case

60
Q

CH

A

Chancellory Division

61
Q

ER

A

English Report

62
Q

Part 20 Claim

A

Bringing in a 3rd party

63
Q

Irrebuttable Presumption

A

Law cannot be rebutted by evidence

64
Q

Rebuttable Presumption

A

Assumption believed to be true unless someone comes to contest it

65
Q

CPR Part 35

A

Deals with the conduct of experts and assessors

66
Q

Jones Vs Kaney

A

Expert witness are now not immune from disputes

67
Q

Barnett v Chelsea

A

Arsenic poisoning, would have died anyway

68
Q

Donoghue v Stevenson

A

Duty of Care

69
Q

Grant v Wool Mill

A

Duty of care + preach of warranty