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57 Cards in this Set
- Front
- Back
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Unit2 Terminology and sources of law
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Legal terms
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ratio (decidendi)
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the reason for the decision and the part of the case which sets the precedent
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stare decisis
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doctrine of binding precedent
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obiter (dictum, pl. dicta)
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a proposition of law stated by the judge which is not part of the decision
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ex parte or ex p
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on behalf of one party only
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inter alia
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among other things
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prima facie
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on the face of it
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What is the correct terminology for use in criminal prosecutions and civil proceedings
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Criminal
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Who makes the decision to bring a criminal case
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Crown Prosecution Service
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What is a criminal case called
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A prosecution
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What is the act or omission called
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Criminal offence
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What is the primary objective of criminal cases
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To establish whether there has been a breach of criminal law
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Civil
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Who makes the decision to bring a civil case
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Claimant, injured party
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What is a civil case called
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Civil Action
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What is the act or omission called
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Civil Wrong
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How would you write the case name
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Penny v David
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What is David called
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Defendant
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If case is succesful, David is found
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Liable
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What is the primary objective of civil cases
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To compensate victim of a civil wrong
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The parties
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Civil Case
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Claimant (sues)
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Defendant
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Civil case appeal
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Appellant
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Respondent
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Criminal
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Prosecution
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Defendant
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Family cases
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Applicant
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Respondent
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Divorce cases
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Petitioner
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Respondent
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distinguish between public and private law
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Public law
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Public law deals with areas involving the state and the Individual
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Private law
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Private law deals with areas involving individuals
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distinguish between common and civil law
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Civil law (1)
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Civil law deals with any law that is not criminal, i.e. Contract law, tort law, etc.
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Civil law (2)
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Civil law is used to contrast law originally based on Roman law from common law
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Civil law (3)
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A subject of public law does not preclude it from being civil law
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Common law (1)
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Common law is used to describe English law systems in contrast to the Civil law systems of the continent
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distinguish between common and statute law
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Common law (2)
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Common law contrasts Judge made case law (common law) and statute law, which is government legislation
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distinguish between common law and equity
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Common law (3)
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Common law and Equity remedies offer different solutions for problems in law
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Public law consists of
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(i)Constitutional law
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(ii)administrative law
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(iii) Criminal law
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(iv) EU law
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Private law consists of
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(i)Contract law
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(ii) Equity and Trusts
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(iii) Land law
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(iv) Tort law
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Legislation
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Subordinate Legislation
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refers to bodies outside of parliament which have been given authority to make law
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ultra vires
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refers to law made by an outside authority which exceeds the remit permitted by the act of parliament
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Europe Union Legislation
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Primary Legislation
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refers to the foundational treaties of the EU, which cannot be challenged in national courts or the Court of Justice of the European Uniion
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Secondary Legislation (Regulation and Directive)
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refers to legislation enacted by EU institutions
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Case law
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refers to judegments of the Court of Justice of the European Union
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