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Law
The system of rules recognized by a community that regulates actions and is enforceable through penalties.
Legal Evolution
The concept that law must reflect societal wishes for credibility and evolve alongside societal changes.
Common Law
Law that evolved through the King's courts, based on common customs; established under King Henry II.
Court of Exchequer
Court that dealt with royal finances.
Court of Common Pleas
Court that handled land ownership disputes.
Court of King's Bench
Court that dealt with serious criminal matters.
Writ System
A procedural system requiring the purchase of a writ to initiate court action, limiting access to the King's courts.
Writ of Right
The first form of real action for the recovery of land.
Personal Actions Writ
Types of writs for damages, including debt and trespass.
Stare Decisis
A foundational principle of common law where judges must follow established precedents from higher courts.
Equitable Remedies
Remedies such as specific performance, injunctions, declarations, rescission, and rectification, available in equity.
Primary Legislation
Acts of Parliament; law made through the parliamentary process.
Secondary Legislation
Delegated legislation made by government bodies under powers granted by a parent Act.
Judicial Structure
The hierarchy of courts in England and Wales, from Magistrates' courts to the Supreme Court, addressing various legal matters.
Magistrates' Court
The lowest level of court in the criminal hierarchy which handles summary and some triable either way offences.
Jury Equity
Principle allowing juries to acquit defendants regardless of strict legal outcomes, reflecting public conscience.
Majority Verdicts
Verdicts allowed in some cases where not all jurors agree, defined under the Juries Act.
Legal Advisors
Qualified barristers or solicitors who provide legal guidance to magistrates.
Judges' Role
Judges interpret laws, apply them to cases, and issue final judgments but do not create laws.
Ratio Decidendi
The legal principle or rule on which a court's decision is based.
Obiter Dicta
Comments made by judges that are not essential to the decision and are not binding.
Criminal Law
Part of public law that concerns the relationship between individuals and the State regarding offences against society.
Civil Law
Regulates the legal relationship between private parties, such as individuals or legal persons.
Burden of Proof in Criminal Cases
On the prosecution, requiring proof 'beyond reasonable doubt' for a conviction.
Burden of Proof in Civil Cases
On the claimant, requiring proof 'on the balance of probabilities'.
Criminal Cases Review Commission (CCRC)
Statutory body responsible for reviewing alleged miscarriages of justice in the UK.
Judicial Independence
The principle that judges make decisions free from external pressures.
The Senior Court Process
Involves appeal processes from Magistrates' Courts to the Supreme Court in criminal and civil matters.
Legal Services Act 2007
Legislation that governs the provision of legal services and defines reserved legal activities.
