Term
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Definition
| Discharge of defendant following verdict or direction of not guilty |
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Term
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Definition
| The person charged with a criminal offence |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Of the same mind. Sometimes read in contract law as consensus ad idem (meeting of minds) |
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Term
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Definition
| Temporary suspension of legal proceedings |
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Term
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Definition
| General term for a barrister or solicitor who represents a party at court |
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Term
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Definition
| A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to do so |
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Term
| Affirmanti non neganti incumbit probatio |
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Definition
| The burden of proof is on the person who alleges, and not the person who denies |
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Term
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Definition
| Declaration by a witness with no religious belief, or with religious beliefs that prevent him/her taking the oath, that the evidence he/she is giving is the truth |
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Term
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Definition
| Indicates that a court has agreed with the decision of a lower court in respect of the same case |
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Term
| Alternative Dispute Resolution |
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Definition
| An alternative method to litigation by which parties can resolve their dispute. An example is the adjudication procedure used in construction disputes |
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Term
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Definition
| A friend of the Court. A neutral party who does not represent any individual party in the case who will be asked by the Court to make representation from an independent viewpoint |
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Term
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Definition
| Application to a higher court for review of a decision of a lower court |
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Term
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Definition
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Term
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Definition
| Indicates that a court has regarded itself bound by an earlier case, and has therefore employed the same reasoning in the instant case |
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Term
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Definition
| Indicates that a higher court states that another case before a lower court was correctly decided |
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Term
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Definition
| The principal law officer of the Crown |
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Term
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Definition
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Term
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Definition
| The amount of damages assessed by the court |
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Term
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Definition
| The release of a defendant from custody, until their next appearance in Court. It is often issued subject to a security being given or with conditions attached |
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Term
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Definition
| The civil burden of proof |
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Term
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Definition
| Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986 |
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Term
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Definition
| Collective name for barristers |
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Term
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Definition
| A member of the Bar. They have rights of audience before all Courts |
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Term
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Definition
| The criminal burden of proof |
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Term
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Definition
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Term
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Definition
| Written instructions of counsel to appear at a hearing on behalf of a party, prepared by the solicitor and setting out the facts of the case and any case law relied upon |
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Term
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Definition
| The duty of proving ones case. See onus probandi |
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Term
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Definition
| (i) Notice given to the Land Registry by a person with an interest in a particular land to ensure that no action is taken without the person's knowledge |
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Term
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Definition
| (ii) Warning, given by a Police Officer, to a person charged with an offence |
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Term
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Definition
| (iii) Warning, given by a Police Officer, instead of a charge |
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Term
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Definition
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Term
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Definition
| (i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings |
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Term
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Definition
| (ii) Offices used by a barrister |
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Term
| Chancellor of the High Court |
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Definition
| Head of the Chancery Division of the High Court |
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Term
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Definition
| Division of the High Court which deals with company and commercial matters |
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Term
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Definition
| A formal accusation against a person that a criminal offence has been committed |
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Term
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Definition
| A commercial agreement by which a person wishing to export/import goods, engages for hire an entire vessel for the purpose |
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Term
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Definition
| Name given in law to personal property |
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Term
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Definition
| A written order addressed by a person (the drawer) to a banker to pay money, generally to some third party (the payee) |
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Term
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Definition
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Term
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Definition
| A thing of which a person has not the present enjoyment, but merely the right to recover it (if withheld) by action. Money held in a bank account is a chose in action |
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Term
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Definition
| A judge who sits in the County Court and/or the Crown Court |
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Term
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Definition
| Matters concerning individuals and not the State |
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Term
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Definition
| System of jurisdiction derived from Roman law as opposed to common law systems |
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Term
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Definition
| Party issuing a claim. Previously known as the plaintiff |
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Term
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Definition
| (i) Committal for Trial: Following examination by the Magistrates of a case involving an indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with |
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Term
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Definition
| (ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge |
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Term
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Definition
| (iii) Committal Order: An order of the Court committing someone to prison |
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Term
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Definition
| (ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge |
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Term
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Definition
| (iii) Committal Order: An order of the Court committing someone to prison |
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Term
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Definition
| (i) Law established by judgements. Distinguished from a civil system |
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Term
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Definition
| (ii) Law derived from the jurisdiction of the common law courts as opposed to the Court of Chancery |
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Term
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Definition
| Sums of money which gives recompense for loss suffered by an individual |
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Term
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Definition
| Used where a court discusses a reported case, but not reached a conclusion as to its application |
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Term
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Definition
| Disobedience of the judicial process |
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Term
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Definition
| The extent to which a party contributed to their injury. A finding of contributory negligence has the consequence that the claimant's damages may be reduced. See Law Reform (Contributory Negligence) Act 1945 |
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Term
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Definition
| Evidence of one person confirming that of another |
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Term
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Definition
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Term
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Definition
| A claim made by a defendant against a claimant in an action |
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Term
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Definition
| County Courts deal with civil matters including all monetary claims up to £15,000 |
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Term
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Definition
| Body with judicial authority |
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Term
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Definition
Divided into -
(i) civil
(ii) criminal
It hears appeals from decisions of the High Court and County Courts and, against convictions or sentences passed by the Crown Court |
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Term
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Definition
| A person to whom money is owed by a debtor |
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Term
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Definition
| A person found guilty of a criminal offence |
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Term
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Definition
| Deals with all crime committed for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. Also acts as an appeal Court for cases heard and dealt with by the Magistrates. Can also deal with some family and civil matters |
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Term
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Definition
| The court took time. This tag usually appears in a law report in the truncated form cur adv vult. It means that after argument the court retired to consider its decision prior to delivering judgement |
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Term
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Definition
| A sum of money claim as compensation for a wrong occasioned |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| The law takes no account of trifling matters |
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Term
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Definition
| Person owing money to a creditor |
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Term
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Definition
| Court order setting out the rights of a party |
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Term
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Definition
| Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim |
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Term
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Definition
(i) person sued in civil matters
(ii) person standing trial or appearing for sentence in criminal matters |
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Term
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Definition
| Used where a court does not wish to apply an earlier case, but has no power to overrule it because of the doctrine of star decisis |
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Term
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Definition
| A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction |
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Term
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Definition
| Original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals |
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Term
| Divisional Court of the Chancery Division |
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Definition
| Deals with appeals in bankruptcy matters from the County Court |
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Term
| Divisional Court of the Queen's Bench Division |
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Definition
| Deals largely with certain appeals on points of law from many Courts |
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Term
| Divisional Court of the Family Division |
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Definition
| Deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem' |
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Term
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Definition
| Place for the defendant in a criminal court |
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Term
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Definition
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Term
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Definition
| An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury |
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Term
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Definition
| Body of legal principles developed by the Court of Chancery |
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Term
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Definition
| By a party. An ex parte application is made by one party. They are now known as without notice applications |
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Term
| Ex turpi causa non oritur actio |
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Definition
| No right of action arises from a base cause |
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Term
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Definition
| Examination of a witness by the person who calls him |
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Term
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Definition
| A person(s) specified to carry out the terms of a will |
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Term
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Definition
| Division of the High Court which deals with family matters such as divorce of wardship |
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Term
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Definition
| A summons issued by a claimant, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant |
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Term
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Definition
| Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement |
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Term
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Definition
| Produce the body. A writ commanding that a person held in custody be produced before the court |
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Term
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Definition
| Formally held by the Lord Chief Justice, but created as a separate post following changes to the role by the Constitutional Reform Act 2005 |
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Term
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Definition
A Civil Court which consists of three divisions -
(i) Queen's Bench - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander
(ii) Family - concerned with matrimonial matters and proceedings relating to children, eg wardship
(iii) Chancery - property matters including fraud and bankruptcy |
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Term
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Definition
| The appellate Committee of - previously the highest court in the UK |
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Term
| Ignoratia juris non excusat |
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Definition
| Ignorance of the law is no excuse |
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Term
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Definition
| In the chamber. An in camera hearing is held in private |
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Term
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Definition
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Term
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Definition
| On the threshold. An in limine objection is a preliminary objection |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Against the matter. Proceedings directed against property as opposed to an individual |
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Term
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Definition
| A criminal offence triable only the Crown Court |
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Term
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Definition
| An order by a Court either restraining a person or persons from carrying out a course of action or directing that a course of action be complied with. Failure to carry out terms of the order is a contempt of court |
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Term
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Definition
| Lincoln's Inn, Inner Temple, Middle Temple, Gray's Inn. Together they enjoy the privilege of being able to confer the status or degree of barrister on an individual |
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Term
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Definition
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Term
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Definition
| Interim, pending a full order/decision |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| To initiate civil proceedings |
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Term
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Definition
| Officer appointed to administer court proceedings |
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Term
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Definition
| Final decision of a court |
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Term
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Definition
| A person summoned to court to be part of a jury |
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Term
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Definition
| Body of lay persons convened to hear a criminal (through sometimes a civil) matter. A jury consists of 12 jurors |
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Term
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Definition
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Term
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Definition
| The area over which a court has legal authority |
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Term
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Definition
| Describes the judges who sat on the Appellate Committee of the House of Lords |
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Term
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Definition
| A legal right to withhold goods/property of another until payment is made |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Period between 1st August and 30th September when the High Court only hears urgent matters |
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Term
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Definition
| The cabinet minister responsible for the Ministry of Justice |
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Term
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Definition
| The head of the Judiciary in England and Wales |
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Term
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Definition
| Title given to certain judges who sit in the Court of Appeal |
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Term
| Lord of the Appeal in Ordinary |
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Definition
| Official title of a Law Lord |
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Term
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Definition
| Those bishops holding seats in the House of Lords. The Archbishops of Canterbury and York, the Bishops of London, Durham and Winchester and 21 other bishops |
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Term
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Definition
| The peers of the realm with seats in the House of Lords, other than the Lords Spiritual |
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Term
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Definition
| A Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in a range of civil matters |
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Term
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Definition
| Judicial Officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial |
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Term
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Definition
| Senior civil judge in the Court of Appeal |
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Term
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Definition
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Term
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Definition
(i) Reasons for lessening a sentence which might be imposed in criminal matters
(ii) In civil law it refers to limiting one's losses after an act |
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Term
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Definition
| The creditor in whose favour a mortgage is created |
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Term
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Definition
| The debtor who creates a mortgage |
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Term
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Definition
| No one brings legal proceedings against himself |
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Term
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Definition
| No one can give that which he has not |
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Term
| Nemo debet judex esse in causa sua propris |
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Definition
| No one ought to be a Judge in his own cause |
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Term
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Definition
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Term
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Definition
| A person authorised to swear oaths and certify the execution of deeds |
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Term
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Definition
| A verbal promise by a person with religious beliefs to tell the truth |
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Term
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Definition
| Things said by the way. That part of a judgement which is not necessary for the decision but the judge makes comment upon it |
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Term
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Definition
| A solicitor or barrister appointed by the Lord Chancellor and working the Lord Chancellor's department. The duties include representing, in legal proceedings, people who are incapable of looking after their own affairs, ie. children/persons suffering from mental illness |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Used where a court checks the correctness of a decision and declares that it is no longer good law |
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Term
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Definition
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Term
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Definition
| Anything done by word of mouth |
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Term
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Definition
| By the Court. An expression indicating that a decision was arrived at by the Court |
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Term
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Definition
| An application made to the Court by an individual without legal representation |
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Term
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Definition
| Former name of a person initiating civil legal proceedings. Now known as claimant |
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Term
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Definition
| The decision of a case which established principles of law that act as an authority for future cases of a similar nature |
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Term
| President of the Family Division |
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Definition
| Senoir judge in the Family Division of the High Court |
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Term
| President of the Queen's Bench Division |
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Definition
| Senior judge of the Queen's Bench Division of the High Court |
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Term
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Definition
| Legal recognition of the validity of a will |
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Term
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Definition
| The institution or conduct of criminal proceedings against a person |
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Term
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Definition
| (pronounced puny) High Court Judge. Any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal |
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Term
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Definition
| To declare something is no longer vallid |
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Term
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Definition
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Term
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Definition
| The amount of a claim for damages which is determined by the court |
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Term
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Definition
| Division of the High Court which deals with contract disputes and other matters not dealt with in the other Divisions |
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Term
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Definition
| Barristers of at least 10 years standing may apply to become Queen's Counsel. QC's undertake work of an important nature and are referred to as 'silks' which is derived from the Courts' gown that is worn. Known as King's Counsel if a King assumes the throne |
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Term
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Definition
| Reasons for the decision. That part of a judgement which forms the basis for the decision. The opposite of obiter dictum |
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Term
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Definition
| Members of the legal profession (barristers or solicitors) who are appointed to act in a judicial capacity on a part time basis |
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Term
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Definition
| The thing speaks for itself |
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Term
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Definition
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Term
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Definition
| The person on whom a petition or originating application is served. Also, the party other than an appellant against whom an appeal is raised |
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Term
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Definition
| A higher court has determined that the decision of the lower court in the same case was wrong |
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Term
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Definition
| Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings |
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Term
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Definition
| Collective name of the Crown Court, High Court, Divisional Courts and Court of Appeal, and The Supreme Court |
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Term
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Definition
| Alternative name for a Queen's Counsel, so-called because of the material from which their gowns are made |
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Term
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Definition
| Member of the legal profession chiefly concerned with advising clients and preparing their cases. Also have rights of audience |
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Term
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Definition
| A document issued by the delegated authority (usually a Government Minister or Committee) named within an Act of Parliament, which affects the workings of the original Act |
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Term
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Definition
| A person whose job it is to stow goods in a ship's hold, and to discharge cargo |
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Term
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Definition
| Legally qualified and salaried Magistrate |
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Term
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Definition
| In the course of trial. A matter which is sub judice is being considered by the court |
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Term
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Definition
| Summons ordering an individual to attend court to give evidence |
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Term
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Definition
| A person of full age (18) and of sound mind |
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Term
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Definition
| Judgement obtained by a plaintiff where there is no defence to the case |
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Term
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Definition
| An offence triable only by the Magistrate's Court |
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Term
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Definition
| The summary of the evidence and the law made by the judge in a matter before a jury retires to consider the verdict in a criminal matter |
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Term
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Definition
| Name of the highest court in the UK |
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Term
| Supreme Court of Judicature |
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Definition
| Former name of the Senior Courts |
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Term
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Definition
| A person who makes a will |
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Term
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Definition
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Term
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Definition
| The finding of guilt or innocence made by a jury |
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Term
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Definition
| Former title of the Chancellor of the High Court |
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Term
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Definition
| No injury is done to a person who consents |
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Term
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Definition
| A document detailing a distribution of assets on the maker's death |
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Term
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Definition
| A person who gives evidence at court |
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