PL

Private Law

The law applicable to private (or horizontal) relationships, concerning only private interests as opposed to public interests.

Europeanization of Private Law

The increasing influence of EU law and regulations on national private laws and the harmonization of private law across Europe.

Consumer Law

Regulations and directives that protect consumers rights within the EU, influencing transactions between businesses and consumers.

Formal Equality

The notion that all individuals are treated the same under the law, irrespective of their specific characteristics or situations.

Substantive Inequality

Emerging doctrines that address inequality in private law, focusing on fairness and justice for vulnerable parties.

Inequality of Opportunity

Disparities that affect individuals’ access to opportunities, like education or employment, arising from social, economic, or political factors.

Materialisation of Private Law

The movement towards recognizing substantive equality and fairness in private law, rather than strictly enforcing formal equality.

Lochner Case

A landmark case in which the U.S. Supreme Court ruled that the Bakeshop Act violated the liberty of contract, affecting employees’ rights.

Bakeshop Act

A New York law that limited the maximum working hours for bakers, deemed unconstitutional in the Lochner case.

Civil Law

Often synonymous with private law, it refers to the body of laws governing private disputes in civil procedures.

Public/Private Divide

The distinction in law regarding the roles and responsibilities of private actors versus public authorities.

Energy Poverty

A situation where households are unable to access essential energy services, often compounded by high prices and low incomes.

Vulnerable Consumers

Consumers who are at risk of exploitation due to their economic situation, requiring special legal protections.

Unfair Commercial Practices Directive

EU legislation aimed at protecting consumers from misleading advertising and practices that could harm them.

Social Justice

The concept of fair and just relations between the individual and society, often considered in the context of equality and human rights.

Consumer Protection Law

Laws designed to ensure the rights of consumers are upheld and protect them from unfair practices in the marketplace.

EPL (European Private Law)

A framework of law created by the EU to regulate private legal relations between citizens of member states.

Preliminary Rulings

Decisions by the Court of Justice of the EU that clarify the interpretation of EU law.

Corrective Justice

Legal principles that focus on compensating victims of wrongs or damage, often in private law.

Normative Inequality

The moral or ethical considerations regarding how much inequality should be tolerated in a society.

Interpersonal Inequality

Power imbalances that exist in relationships between individuals, often affecting negotiations and agreements.

Civil Procedure Codes

Sets of rules governing the process of civil litigation in courts, including how cases are handled and resolved.

Directive 2009/72/EC

An EU directive concerning the internal market in electricity to enhance competition and consumer rights.

National Autonomy

The right of member states to govern themselves and make their own laws, especially regarding private regulations within EU constraints.

Human Rights Based Approach to Law

An approach that seeks to integrate human rights into legal frameworks to ensure protections for the most vulnerable.

Battle of the Sexes (In Law)

The ongoing inequality and discrimination that women face in relation to men, particularly within employment law.

Liberalisation of the Energy Market

Policies aimed at creating a competitive market in energy, allowing consumers to choose their suppliers.

Corrective Justice Theory

A legal perspective that emphasizes correcting wrongs through compensation and equitable remedies.

Judiciary's Role in Private Law

The judiciary's power to interpret and enforce laws in private disputes, helping to ensure justice and fairness.

Private Interest

Interests that pertain to individuals or entities rather than the public at large, often the focus of private law.

Public Law

The law governing relationships between individuals and government, including constitutional, administrative, and criminal law.

Contract Law

The body of law regulating contracts, ensuring agreements are enforceable and outlining remedies for breaches.

Delict

A legal term for a wrongful act that causes harm to someone, resulting in liability for damages.

Negligence

A failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

Burden of Proof

The obligation to prove one's assertion in a legal dispute.

Legal Precedent

A judicial decision that serves as an example or rule for future cases of a similar nature.

Equity

A branch of law that seeks to provide fairness and justice, often supplementing strict legal rules.

Statutory Law

Laws enacted by a legislative body, as opposed to common law or case law.

Legal Capacity

The ability of a person to enter into a legally binding contract or agreement.

Judicial Review

The power of courts to examine and invalidate laws or actions that violate the constitution.

Harm Principle

A principle asserting that individuals should be free to act unless their actions harm others.

Restitution

The principle requiring a party to restore another party to their original position prior to a loss or harm.

Class Action Lawsuit

A lawsuit filed by one or more plaintiffs on behalf of a larger group with similar claims.

Legal Liability

The legal responsibility for one's actions or omissions, which may result in penalties or damages.

Statute of Limitations

The maximum time after an event within which legal proceedings may be initiated.

Breach of Duty

A failure to meet the standard of care owed to another party, leading to liability in negligence cases.

Fraud

A wrongful or criminal deception intended to result in financial or personal gain.

Damages

Monetary compensation awarded to a plaintiff in a lawsuit for loss or injury.

Intentional Tort

A type of tort where the person committing the act intended to cause harm or offense.

General Jurisdiction

The authority of a court to hear a wide range of cases, typically involving major civil and criminal matters.

Legal Defense

An argument put forward by a defendant aiming to negate or reduce liability or punishment.

Arbitration

A method of resolving disputes outside of court, in which an arbitrator makes a binding decision.

Mediation

A voluntary process where a neutral third party helps disputing parties reach a mutually agreeable solution.

Discovery

The pre-trial phase in a lawsuit where parties exchange information and evidence.

Affidavit

A written statement confirmed by oath, used as evidence in court.

Injunction

A court order commanding a party to do or refrain from doing a specific act.

Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review.

Declaratory Judgment

A court decision that clarifies the rights, duties, or obligations of the parties involved.

Probate

The judicial process of validating a will and administering the estate of a deceased person.

Trust

A fiduciary relationship where one party holds property for the benefit of another.

Tort Reform

Efforts to change the laws governing tort litigation, typically aimed at reducing the number of lawsuits or damage awards.

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