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Trespass
Unlawful interference.
Common Law
(i) Law established by court judgments; (ii) Law from common law courts rather than the Court of Chancery.
Legislation
Law passed by Parliament in statutes.
Equity
Principles/rules administered by the Court of Chancery before the Judicature Acts 1873-1875.
Stare Decisis
"Stand by what has been decided" - must be persuaded that the earlier case was binding and relevant.
Ratio Decidendi
Reason for a decision; legal principle on which the court's decision is based.
Obiter Dictum
Judge's comments on law not necessary for case decision.
Precedent Overruled
When a superior court sets a new precedent, deciding the earlier one was wrong.
Per Incuriam
Applies when a previous court was unaware of a relevant binding authority.
Specific Performance
Court order to compel a party to fulfill a contractual promise.
Injunction
Order requiring a party to either do something (mandatory) or refrain from doing something (prohibitory).
Declaration
Legally binding statement by a court regarding rights, existence of facts, or legal principles.
Rescission
Setting aside a contract due to misrepresentation, mistake, duress, or undue influence.
Rectification
Correcting a document to reflect parties' intentions.
Primary Legislation
Acts of Parliament put forth as Bills, debated and passed by both Houses.
Secondary/Subordinate Legislation
Law created by ministers under powers from a parent Act to elaborate on primary legislation.
Public Act
Relates to public matters, debated in both Houses.
Private Act
Relates to specific individuals or organizations, usually initiated by proposals.
Government Bill
Represents the policy of the current government, drafted by parliamentary officials.
Private Members' Bill
Promoted by a particular Member of Parliament through a ballot system.
Senedd Cymru Act
Forms of primary legislation giving Welsh Ministers powers to make secondary legislation.
Statutory Interpretation
Determining Parliament's intent in legislation.
Literal Rule
Words in a statute are given their ordinary meaning.
Golden Rule
Words given ordinary meaning unless it produces inconsistency or absurdity.
Mischief Rule
Examines original purpose of legislation.
Purposive Approach
Reflects modern judges' interpretive methods based on legislators' intent.
Contemporary Approach
Considers ordinary meaning in the statute's context to avoid absurdity.
Linguistic Presumptions
Help interpret legislation.
Expressio Unius est Exclusio Alterius
Expression of one thing excludes others.
Ejusdem Generis
General words limit to same kind as specific words.
Noscitur a Sociis
A word is understood by its context.
Summary Criminal Offences
Minor offences tried in magistrates' courts.
Triable Either Way Offences
Mid-range offences tried in either magistrates' or Crown Court.
Indictable Offences
Serious offences tried in Crown Court.
Judicial Committee of the Privy Council
Advises the Crown, not binding on English courts.
Criminal Cases Review Commission (CCRC)
Reviews alleged miscarriages of justice, can refer cases back to the Court of Appeal.
Small Claims Track
County court for claims under £10,000.
Fast Track
County court for claims between £10,000-£25,000.
Intermediate Track
For claims limited to monetary relief not exceeding £100,000.
Multi-Track
Claims over £25,000 with complexity.
Tribunals
Specialist bodies for administrative/regulatory cases, reformed in 2007.
First Tier Tribunal
Hears appeals against government decisions.
Upper Tribunal
Hears appeals from First Tier Tribunal.
Coroner's Courts
Investigate unknown or unnatural deaths. Verdict is the Coroner's decision.
King's Bench Division (KBD)
Handles common law business, contract disputes, and tort claims.
Administrative Court
Appeals related to administrative obligations of government/public bodies.
Chancery Division
Handles business and property cases, significant area for equity.
Family Division
Deals with cases related to children and family issues.
Leapfrog Appeal
Direct appeal to the Supreme Court in significant cases.
Paralegal
Provides legal services but is unregulated.
Chartered Legal Executive (CLE)
Lawyer qualified through CILEx, requires supervision unless a CILEx Practitioner.
Barristers
Qualified lawyers with full rights of audience, regulated by the Bar Standards Board.
Judicial Assistants
Support judges with case management and research.
Court Personnel
Includes Ushers, Legal Advisers, and Court Clerks.
Judicial Independence
Judges make decisions free from external pressures.
Jury Equity
A jury can acquit regardless of law or evidence, illustrated in cases like R v Ponting.
Jury System Evaluation
Balances public participation, skills, costs, distress to jurors, and potential bias.
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