ACCA [LW] [ENG] Flashcards

Civil Law

A branch of law dealing with disputes between individuals or organizations, typically seeking compensation rather than criminal sanctions. In layman's terms, laws that help resolve disputes between people or groups, usually about money or rights.

Criminal Law

A system of law concerned with the punishment of those who commit crimes. In layman's terms, laws that deal with crimes and the punishment of those who break them.

Equity Law

A branch of law that is concerned with fairness and justice, often providing remedies that are not available under common law. In layman's terms, laws that ensure fairness and provide unique solutions not available in regular laws.

Common Law

Law developed through court decisions rather than through statutes or written legislation. In layman's terms, laws made by judges through court rulings over time.

Ratio Decidendi

The principle or reason underlying a court's decision. In layman's terms, the main reason why a judge made a particular decision in a case.

Orbiter Dictum

A statement made by a judge in a legal opinion that is not essential to the decision and does not have binding authority. In layman's terms, comments made by a judge that are not directly related to the case and don't need to be followed in future cases.

Plaintiff

A person who brings a case against another in a court of law. In layman's terms, the person who starts a lawsuit in court.

Defendant

An individual, company, or institution sued or accused in a court of law. In layman's terms, the person or group being sued or charged with a crime.

Appellant

A person who applies to a higher court for a reversal of the decision of a lower court. In layman's terms, the person who appeals a court decision.

Respondent

A defendant in a lawsuit, especially one in an appeals or divorce case. In layman's terms, the person who responds to an appeal in court.

Damages

A sum of money claimed or awarded in compensation for a loss or an injury. In layman's terms, money paid to someone for a loss or injury.

Equitable Remedies

Actions ordered by a court to enforce a right or redress a harm, such as injunctions or specific performance, instead of monetary compensation. In layman's terms, court-ordered actions to fix a problem rather than just paying money.

Specific Performance

A legal remedy where the court orders the party to perform their part of the contract. In layman's terms, making someone do what they promised in a contract.

Injunction

An authoritative warning or order by the court to do or refrain from doing something. In layman's terms, a court order to stop doing something or to do something specific.

Recision

The revocation, cancellation, or repeal of a law, order, or agreement. In layman's terms, cancelling a contract and returning everyone to their original position.

Rectification

The action of putting something right; correction. In layman's terms, fixing a mistake in a legal document.

Reversing

The act of overturning a lower court's decision IN THE SAME CASE by an appellate court. In layman's terms, changing a court's decision to the opposite.

Overruling

The act of rejecting or setting aside a precedent by a court IN A DIFFERENT CASE. In layman's terms, deciding that a previous court ruling is wrong and no longer valid.

Stare Decisis

The legal principle of determining points in litigation according to precedent. In layman's terms, following previous court decisions to make new rulings.

European Court of Justice

The highest court in the European Union in matters of European Union law. In layman's terms, the top court for EU laws.

Supreme Court

The highest judicial court in a country or state. In layman's terms, the top court in the UK.

Court of Appeals

A court to which appeals are taken in a federal circuit or a state. In layman's terms, the court where you go if you want to challenge a decision from a lower court.

High Court

A court with jurisdiction to hear cases of major importance. In layman's terms, a court that deals with serious civil cases and appeals.

Crown Court

A court that hears serious, initiable, offences and triable either way offences usually with a jury. In layman's terms, the court for serious criminal trials.

County Court

A court that deals with civil (non-criminal) matters. In layman's terms, a court for smaller civil cases.

Tribunal Court

A specialized judicial body that deals with specific types of disputes, such as employment or immigration. In layman's terms, a special court for specific issues.

Magistrates Court

A court that hears minor, summary, offences and triable either way offences without a jury - In layman's terms, the court for minor criminal cases and small disputes.

Small Claims track

A procedure in the county court for dealing with smaller claims quickly and informally. In layman's terms, a simple and quick way to handle small legal disputes. Cases involving less than <£10,000. But only up to £1000 for personal injury claims.

Fast Claims track

A streamlined court process for handling moderate-sized claims efficiently. In layman's terms, a faster way to handle medium-sized legal cases. Cases involving more than £10,000 but less than £25,000.

Multi Claims track

A court process for dealing with larger and more complex claims. In layman's terms, the procedure for handling big and complicated legal cases. Cases involving more than £25,000.

Green paper

A preliminary report of government proposals published to stimulate discussion. In layman's terms, an early government report to get feedback on new ideas.

White paper

A detailed government report on a particular policy area. In layman's terms, an official report outlining government plans for new laws.

First reading

The first presentation of a bill to a legislative body. In layman's terms, the first time a proposed law is introduced to parliament.

Second reading

The stage in the legislative process where a bill is debated in detail. In layman's terms, the stage where parliament debates the proposed law in detail.

Committee stage

The stage in the legislative process where a bill is examined in detail by parliament members. In layman's terms, a group of parliament members reviews the proposed law closely.

Report stage

The stage in the legislative process where a committee reports back on a bill with any amendments. In layman's terms, the committee tells parliament about the changes they made to the proposed law.

Third reading

The final stage in the legislative process where the final form of the bill is debated. In layman's terms, the last debate on the proposed law before it is voted on.

Literal rule

A rule of statutory interpretation that gives the words their plain, ordinary meaning. In layman's terms, interpreting the law exactly as it is written.

Golden rule

A rule of statutory interpretation that allows a judge to depart from a word's normal meaning to avoid an absurd result. In layman's terms, bending the words of the law to avoid silly outcomes.

Mischief rule

A rule of statutory interpretation that looks at the law's intention to address a particular problem. In layman's terms, figuring out what problem the law was meant to solve and interpreting it that way. Imagine you have a toy box and your toys keep getting lost. Your mom makes a rule: "Put your toys back in the toy box after playing." The reason for this rule is to stop the problem of losing toys. "We need to look at the problem the rule is trying to fix to understand how to use it."

Ejusdem generis

A rule of statutory interpretation that limits the meaning of general words to the same class as the specific words that precede them. In layman's terms, general words should be interpreted in the context of the more specific words that come before them. Imagine you have a box of crayons and your mom says, "You can use the red, blue, green, and other colors." "When your mom says 'other colors,' she means other crayon colors, not paint or markers."

Expressio unius est exclusio alterius

A rule of statutory interpretation meaning the expression of one thing excludes others. In layman's terms, if something is mentioned in the law, it means things not mentioned are not included. Imagine you have a toy box, and your dad says, "You can play with the toy car, the toy train, and the toy robot." "Since your dad only mentioned the toy car, toy train, and toy robot, it means you can't play with the toy plane or toy dinosaur."

Noscitur a sociis

A rule of statutory interpretation that a word is known by the company it keeps. In layman's terms, interpreting a word based on the words around it. Imagine you have a box with different kinds of treats, and your mom says, "You can have cookies, candy, and other snacks." "To understand what 'other snacks' means, look at the other things your mom mentioned: cookies and candy."

In pari materia

A rule of statutory interpretation that statutes dealing with the same subject matter should be interpreted together. In layman's terms, understanding laws by reading them alongside other related laws. Imagine you have two books about animals, and both books tell you different things about the same animal, like a cat. To understand what cats are really like, you look at what both books say together. "If you want to know more about cats, you should read both books because they are both about animals."

Purposive approach

An approach to statutory interpretation that seeks to understand the purpose behind the law. In layman's terms, looking at what the law is trying to achieve and interpreting it that way.

Per incuriam

A decision of a court which is mistaken because it is in ignorance of a relevant fact or law. In layman's terms, a court decision made without considering all the relevant information.

Triable either way

A type of criminal offence that can be tried in either a Magistrates' Court or a Crown Court, depending on the seriousness of the case and other factors.

European Court of Human Rights

An international court based in Strasbourg, France, established by the European Convention on Human Rights. It hears cases alleging violations of human rights by member states of the Council of Europe. The Final Appeal Court for human rights issues in the UK.