Public Law L4 glossary

Terms/Words & Definitions

  • 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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