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Law Terminology

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Legal Terminology

Accused: A person charged with committing a criminal offence

Appellant: A person who appeals against a decision.

Burden of proof: Generally in a civil case the onus falls upon the claimant - i.e. he must prove his case.

Case Law: Law established by decisions of courts in earlier cases.

Caveat emptor: A Latin term meaning, "let the buyer beware."

Cite: To refer to something - i.e. a previous case.

Civil Law: Not criminal law (i.e. no state involvement) - therefore the main aim is to resolve any dispute between the parties.

Claimant: Party in a civil action who alleges the defendant has caused them to suffer harm or loss.

Claim form: The means by which a court will require a party named (on the form) to appear before them (e.g. County / Magistrates) on a specified date. Prior to the 26th April 1999 this was known as a summons.

Criminal Law: Not civil law - if the case is proved, the actions of the defendant are regarded as crime against society - therefore the aim of criminal law is to punish and deter.

Damages: The amount of financial compensation for loss or harm suffered.

Defendant: The person who is being sued in a civil case or a person accused of a crime in a criminal case.

Distinguishing: One of the "avoiding devices". In order to avoid having to follow a previous decision a Judge may distinguish the facts in the present case from the facts in an earlier case.

Equity: This branch of law has been described as adding a "gloss" to the Common Law (in truth this does not reflect the vital role that equity performs within the English Legal System). Equity for example will recognise and protect rights that the Common law will not. In addition Equity may act to limit the effect of unconscionable conduct which in itself would not be deemed fraudulent. Equity has been particularly creative in the range of

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