About the Lawcards Series

English Legal System Lawcards Glossary

Click on the glossary term to see the definition

Chapter 1

common law

the body of law which has evolved from decisions of the courts, rather than deriving from Acts of Parliament.

Equity

the body of law that developed originally through the Courts of Chancery. It is separate from the common law, although the administration of both has been combined. Some concepts, such as the trust, are only recognized in equity. The Judicature Acts provided that if equity and the common law conflict, equity will prevail.

Statute

an Act of Parliament

EC Law

(in this context) the law of England and Wales

delegated legislation

itself but through powers conferred on a body through an Act of Parliament. Most delegated legislation is passed to supplement Acts of Parliament, for example, by providing detailed rules or regulations.

Chapter 2

Queen's Counsel

Also referred to a QC or a "silk", a Queen's Counsel is an experienced barrister who is deemed to have excelled in advocacy. QCs are appointed by the Queen's Counsel Selection Panel

Chapter 3

the judiciary

this refers to judges as a collective body.

the Lord Chief Justice

the Lord Chief Justice heads the judiciary in England and Wales. He is responsible both for the welfare and training of the judiciary and for representing the views of the judiciary to Parliament.

magistrates

magistrates are lay justices who sit in the magistrates' court. Thy have no formal legal qualifications.

the justices' clerk

a qualified lawyer who assists the lay justices in respect of the law, practice and procedure

the Supreme Court

the highest court in the court system in England and Wales. It will replace the House of Lords in 2009. (See separate entry for House of Lords)

House of Lords

the highest appellate court in England and Wales. In 2009 it will be replaced by the Supreme Court.

judicial precedent

this describes the principle that courts are bound by the previous decisions of the same or superior courts. A decision can be binding, which means that the court must follow it, or (if it a decision of the Privy Council, for example) it can be persuasive, in which case it should be considered, but need not necessarily be followed.

statutory interpretation

interpretation, by the courts, of Acts of Parliament. Courts have various rules of interpretation which assist them in this process.

EC Law

European Community Law; law body of law that has emerged from the European Community

Chapter 4

Criminal law

the body of law that deals with and punishes offenders who have committed a crime

Summary offence

usually less serious offences, which can only be tried in a magistrates' court.

Triable either way offence

Also referred to simply as an "either way" offence. These are more serious offences which can be tried either in a magistrate's court or at the crown court.

Indictable only offence

The most serious category of offences, which can only be tried by the crown court. These include murder and rape.

Chapter 5

Civil law

the body of law dealing with non-criminal matters, such as the rights of individuals.

Private law

law relating to the relationships between private individuals, rather than an individual and the state: for example, contract law, the law of torts, property law and family law.

Overriding objective

this refers to the overriding objective of the court: the primary aim of the court is to deal with cases justly. This includes ensuring that cases are dealt with expeditiously and with proportionality.

Woolf reforms

Also referred to as CPR, this is the body of rules relating to procedure in civil courts. These were introduced as part of the Woolf Reforms.

Civil Procedure Rules

Also referred to as CPR, this is the body of rules relating to procedure in civil courts. These were introduced as part of the Woolf Reforms.

Pre-action protocol

pre-action protocols encourage the parties to exchange information at an early stage in their dispute, before court proceedings have been commenced. The aim of this process is to encourage parties to settle their disputes without the need for litigation.

Small claims track

claims are now allocated to one of three "tracks" at the beginning of the legal process. The track determines the way in which the claims are dealt with by the court. The small claims track refers to smaller claims, worth £5,000 or less (£1,000 for personal injury).

Fast track

are now allocated to one of three "tracks" at the beginning of the legal process. The track determines the way in which the claims are dealt with by the court. The fast claims track refers to claims with a value of over £5,000 but less than £15,000, provided that the trial is likely to last no longer than one day.

Multi-track

are now allocated to one of three "tracks" at the beginning of the legal process. The track determines the way in which the claims are dealt with by the court. The multi-track will apply to all claims not falling within the financial limits of the small claims track or the fast track, and/or complex cases.

Chapter 6

tribunal

a body established by Act of Parliament, which decides claims relating to disputes about various legislative matters. For example, the employment tribunal hears disputes between employers and employees, and applies the relevant employment legislation in reaching its decision.

Ombudsman

an ombudsman is an official, usually appointed by Parliament, who hears complaints from individuals about maladministration in both the public and private sectors.

Inquiries

formal investigations set up on an ad-hoc basis o investigate specific incidents. Their role is fact-finding.

alternative dispute resolution

this is a means of settling disputes without having to go to court. The parties are assisted by an independent third party, called the arbitrator, who will lead the arbitration process.

mediation

this is a means of settling disputes without having to go to court. An independent third party, the mediator, acts as a medium through which the parties can parties can communicate and negotiate in order to settle their differences

Chapter 7

Jury

a group of people (known as jurors) who have been randomly selected to hear a case in court. There are usually 12 people on a jury. Juries make a decision (known as a verdict) on the facts of a case. The judge directs them on matters of law.

Jury vetting

this refers to investigations carried out on jurors in order to establish whether they are suitable for jury service.

Chapter 8

Legal Aid

free legal assistance given to those who qualify for it. Legal aid is only available in certain types of cases

conditional fees

often popularly referred to as "no win, no fee" agreements. The lawyer agrees only to recover his or her fees if the client wins the case. It is only available in certain cases.

interests of justice test

applicants for criminal legal aid must undertake a two-stage process to establish eligibility. The first stage is a test to determine whether it will be in the interests of justice to grant the applicant legal representation. This stage is also known as the "merits test".

means test

this is the second part of the process designed to establish whether criminal legal aid should be given. It is only taken after the applicant has passed the interests of justice test. It measures the applicant's financial resources.

Public Defender Service

this is a new service designed to provide salaried lawyers paid to defend those accused of criminal offences.

law centres

community organizations offering free legal advice when needed.