Welcome to Law Glossary

Accused: Someone charged with committing a criminal offence. See also defendant.

Act of Parliament: A law passed by Parliament. Also called a statute.

Age of Responsibility: Responsibility in criminal law involves being fully aware that what you are doing is wrong. Children under 10 are considered too young to be found guilty of a crime. Young people between 10 and 14 years of age may be found guilty of a crime, if the courts believe that they knew that what they were doing was wrong. Young people of 14 and over are normally assumed to know when an action was wrong.

Appeal: A request for a case to be looked at again by a higher court. Permission is not always granted. Appeals are possible in civil cases from either the defendant or the claimant but in criminal cases only from the accused.

Arrest: To detain someone physically, in the name of the law.

Assault: To threaten someone by word or action, in such a way that the person is in fear of physical attack. This is both a tort (a civil law) and a crime.

Bailiff: An official of the county court who enforces the judgements and delivers notices, summonses and other such documents.

Barrister: A lawyer who traditionally works on instruction from a solicitor. Barristers represent people in court in more serious cases. Barristers often specialise in particular areas of law and are called in by solicitors to advise on legal points.

Bill: the text of a proposed new law as it is discussed by Parliament.

Breach of contract: Failure to carry out a contract.

Bye-law: A law made by a local authority, such as a county council, for its own area. Some organisations, such as the London Underground, also have powers to make bye-laws eg to ban smoking on tube trains.

CAB: See Citizens Advice Bureau.

Caution: When police officers question anyone they suspect of having committed a crime, they have to warn the suspect that he or she does not have to say anything, but that anything which is said may be recorded as evidence. This is known as cautioning a suspect.

Citizens Advice Bureau (CAB): This is a centre staffed mainly by volunteers who can give advice on everyday problems, including those involved in the law. Most towns have a CAB listed in the local telephone book or advertised in the library or town hall.

Civil: Non-criminal. Civil law covers any matter which is not concerned with crime. For example, important branches of the civil law are concerned with marriage and divorce, property, wills and negligence.

Common law: In the twelfth century Henry II appointed judges to travel the country to deal with cases of a similar nature in the same way, wherever they were heard. The law became common to the whole of England. Many criminal laws, for example, about murder or theft, were never set down in Acts of Parliament but were defined by the way the judges decided the cases. Some important areas of civil law are also based on common law, for example, negligence and contract. So the phrase now refers to laws which have never been put into Acts of Parliament.

Community Service Order: A sentence, which may have been given instead of detention to an offender over 16. He or she must work for between 40 and 240 hours, unpaid, in the community, supervised by a Probation Officer.

Compensation: A sum of money paid to make up for injury or loss which has happened as a result of a crime.

Costs: The money spent during a court case on the services of lawyers, court fees and other expenses. The loser in a civil court case normally has to pay the costs of both sides.

Counsel: Another word for a barrister.

County Court: The civil court which deals with a wide range of matters, including divorces which are not being challenged, landlord-and-tenant disputes, claims for debt, claims for loss or injury up to £5 000 and so on. The county courts hear most civil cases. It is junior to the High Court.

Court of Appeal: This is a senior court which hears appeals. It is split into a civil section and a criminal section.

Criminal: Criminal laws cover any matter which can be punished by the State. Various organisations, such as the police, trading standards officers or customs officers, can bring cases to court.

Crown Court: The criminal court which hears more serious cases not dealt with in the magistrates’ court.

Damages: The sum of money awarded by a civil court to compensate for any injury or loss. Loss can include such things as money, enjoyment and earning power. People are said to sue for damages.

Defence: (1) Arguments put to a court to show that a criminal charge or a civil claim has not been proved. (2) The lawyers who try to persuade the court that an accused person is not guilty or that a civil claim has not been proved.

Defendant: Someone against whom a civil case is brought. It is also used to describe the accused in criminal cases.

Disqualification: Taking away a person’s right to do something, such as the right to vote, to sit on a jury or to drive.

Duty of care: A legal duty to take care so that no one is likely to be harmed by a negligent action (or lack of action). If someone fails in his or her duty of care towards another person in a way which could have been foreseen, the injured person has a right to claim damages.

Duty solicitors: Solicitors, paid by the State to be available: (1) in magistrates’ courts to assist defendants who do not have their own solicitor; (2) to be called to police stations to assist people who have been arrested.

Elector: Someone with the right to vote at an election. For local and general elections, electors have to be a UK citizen, over 18 years of age, not a peer, not in prison and on the electoral roll of an area.

Electoral roll: The list of people living in an area who are allowed to vote. A form is sent to each home once a year, and all those allowed to vote that year are listed on it. People who move away to a new area should go to their new town hall and have their names added to the list.

European Union: a group of European countries who join together with aim of harmonising trade and relations across the Continent.

F

Government: The people responsible for running a country. In the United Kingdom, it consists of a Prime Minister and ministers.

Guilty: Judged by a court to be responsible for committing a crime.

High Court: The High Court deals with the more important civil cases, such as claims for damages over £5 000, requests for divorce which are being challenged and wills which are being argued over. The High Court deals with many disagreements over money, property, contracts and negligence.

House of Commons: That part of Parliament made up of the elected members. Only those who are ‘commoners’, that is, not peers, can be elected to it. The House of Commons has approximately 660 Members of Parliament (MPs).

House of Lords: This section of Parliament is made up of peers, senior bishops and senior judges. It has two separate roles; to debate new laws, giving detailed consideration to them and suggesting possible improvements before they are returned to the House of Commons for further consideration. The House of Lords also acts as the highest court of appeal for civil and criminal cases. These appeals are considered by at least five senior judges who are also members of the House of Lords.

Ineligible: for jury service, includes priests, judges, barristers, solicitors, police.

Injunction: An order from a civil court requiring someone to do or not do something, for example, an order in a divorce proceeding that a husband leave the family home. A person who fails to obey an injunction may be sent to prison for contempt of court.

Irvine, Lord: The current Lord Chancellor, the head of the UK’s Judiciary.

Judges: Experienced lawyers appointed to be in charge of court hearings either to make sure that evidence is presented properly to the jury or to hear evidence and to decide the verdict themselves.

Jury: A group of 12 adults chosen at random to decide on the facts of a criminal case and the guilt or innocence of the accused. There are strict rules about who may serve on a jury. There are no juries in magistrates’ courts.

Justice of the Peace: Another name for a magistrate, often indicated by the letters JP after his or her name.

Juvenile Court: A special section of the magistrates’ court dealing only with juveniles.

Juvenile: Someone under the age of 17.

K

Law Centre: An office staffed by advice workers and lawyers, usually funded by a local authority, who will give free legal advice and will help with certain cases.

Lawyer: the general word to describe a member of the legal profession (solicitors or barristers).

Legal aid: Money provided from public funds to pay for legal representation and advice. Whether a person can get legal aid depends on his or her financial circumstances, the strength and type of the case being brought.

Legal: Allowed by the law. (See also lawful).

Liable: When someone can be legally made to do something, for example, to pay a fine or damages, he or she is said to be liable.

Magistrate: Someone who decides cases in magistrates’ court. Magistrates are chosen from the local community and most have no legal training. They are not paid. Magistrates deal with 98% of all criminal cases. The remaining 2%, the more serious cases, they pass to the Crown Court. Magistrates also hear some civil cases such as adoptions, disputes between married couples, control of animals and pollution law enforcement.

Member of Parliament (MP): A person elected as a member of the House of Commons to represent an area called a constituency. People standing for election to be MPs must be British subjects and over 21 years of age. Peers (members of the House of Lords), clergymen, and holders of public offices (such as civil servants, judges, police and the armed forces) cannot stand for election.

Minister: A member of the Government, the full title is Minister of the Crown. Most ministers have responsibility for a particular area of Government (a ministry), such as health or education. They are normally Members of Parliament.

Minor: Anyone under 18 years of age.

Negligence: Behaving in a negligent way.

Negligent: A term describing someone who fails to take proper care when he or she should, causing injury or loss to someone else. If a court finds someone has been negligent he or she will normally be made to pay damages to the injured person. (See also duty of care).

Order: An instruction by a court, such as an injunction or maintenance order.

Parliament: ‘Parliament’ refers to both the House of Commons and the House of Lords. The main functions of Parliament are to make, repeal or to change laws. Parliament also acts as a watch-dog on the government.

Peer: A member of the House of Lords.

Prosecute: To bring a criminal case against someone to court.

Prosecution: (1) Arguments put forward in an attempt to prove that a criminal charge is true. (2) The lawyer who presents the case against the accused in a trial. In serious cases, there can be more than one lawyer involved. Most prosecutions are handled by a body known as the Crown Prosecution Service.

Q

Remedy: That which the law can provide to help make up for a civil wrong. For example, suing someone for damages is a legal remedy.

Royal Assent: permission given by the Monarch to an Act of Parliament before it can become law.

Sentence: The punishment given by a court to someone found guilty of a crime.

Small claims procedure: An informal civil court at which a case can be presented without the need for lawyers. For cases concerning contracts, negligence, landlord and tenant problems and so on, involving up to £500, the two sides may state their cases themselves to a judge called a Registrar. The Registrar decides where the fault lies and awards damages accordingly.

Solicitor: Solicitors are the lawyers to whom members of the public go to for help and advice. They give legal advice, carry out legal transactions and conduct legal proceedings. Solicitors are able to appear on behalf of their clients in the magistrates’ and the county courts and before tribunals. They may arrange for barristers to represent their clients in the higher courts and to give specialist advice.

Statute: Another name for an Act of Parliament.

Sue: To bring a civil case to court seeking damages or some other remedy.

Summons: A formal written notice requiring a person to attend a court to answer a case against him or her.

Tort: A civil wrong against someone, for example trespass, nuisance or negligence. ‘Tort’ is an old French word meaning ‘wrong’.

Trial: The formal investigation of a case in court (usually used in criminal cases).

Tribunal: An informal court which can hear cases without the need to employ lawyers. People may present their own cases though they may use legal or other help if they wish. Tribunals specialise in particular areas, such as employment, rent or social security disputes.

Unlawful: Against the law.

Verdict: The decision in a trial.

Warrant: A document issued by a court ordering or allowing some action, such as a search, an arrest or an eviction.