A Level Law Terminology

Actus Reus

Guilty act

Mens Rea

Guilty mind

Homicide

The unlawful killing of a human being

Queen's Peace

The killing of an enemy in the course of war is not murder.

murder

Unlawful killing of a reasonable person in being and under the king's ( or queen's) peace with malice afterthought express of implied

Lay people

Individuals involved with the legal process but without legal qualifications, eg magistrates and jurors.

Ommission

Failure to perform an act

Precedent

A judicial decision that serves as a guide for settling later cases of a similar nature

Direct intent

Intent in which the consequences of a person's actions are desired

Oblique intent

The defendant forsees that the consequence of their actions is virtually certain

Transferred malice

When the mens rea of one offence can be transferred to another offence.

Legislation

The preparing and enacting of laws by local state or national legislators

Appellant

Somebody who challenges a previous court decisionby apealing to a more senior court such as the court of appeal

The appellate commitee of the house of lords

The house of lords serves as the final court of appeal in the uk in relation to matters of domestic law- the appellate committee hears the cases

Blameworthiness/ blameworthy

A persons conduct is properly open to moral criticism- they are deserving of condemnation

Case law

The rules and principles that can be derived from the decision of the courts

Criminal courts

Criminal courts have the responsibility to determine whether an accused has commited a criminal offence and if so what sentence the offender should recieve

Civil courts

Civil courts have the responsibility for adjudicating legal disputes between parties (claiments and defendants)

Criminal law

The body of law which governs the prohibition of conduct sufficiently threatening to individual or public interest the procedures in which the state may seek to hold someone to account for enganging in prohibited conduct

Derogation

The process of permitting the states- when there is a state of emergency threatening the nation- the state does not have to comply with certain rights contained within the european convention on human rights

Duty of care

An obligation to act prudently so as to avoid particular harms to a certain body of people

Fact patterns

The true and accurate summary of key facts leading to a legal case presented without any associated discussion of their legal consequences

Infer

The act of deducing new information from the given facts without that info being stated explicitly within

Intention

The mental state in criminal law with the highest corresponding level of fault

Liability

A legal obligation to make good or recitfy a loss or damage

Judicial review

Refers to the process in which a court of tribunal reviews the unlawfullness of a decision or action made by a public body

Justiciability

Refers to whether an issue is one that can be legitimatley be considered by the courts

Legislation (simple)

A set of laws passed by parliament

Legislature

The group of people in a country that have the power to create new laws

Moral Responsibility

It is morally appropriate to hold the induvidual accountable for its actions

Obiter / Obiter dictum

Means "a passing remark"

Objective

In criminal law objective tests require us to consider events from the perspective of a reasonable person instead of from the defendants perspective

Occupier

A person who has so much control of premises that they must realise that any failure on his part to use care may result in injury to a person on the premisise

Penal System

Various components that relate to state organised punishment and other responses to offending

Personal Injury

Physical or mental harm to a human being

Prerogative Powers

Powers that are held by the monarch (queen)or by government ministers that can be used without the consent of parliament

Primary Legislation

A written rule enacted into law via an act of parliment

Prorogation

Discontinuing a session of a parliament or other legislative assembly without dissolving it