Governmental standards of behaviour

 

The informal nature of much of the UK constitution, notably at the higher levels, makes the arrangements vulnerable to suspicions of corruption and nepotism.

A series of scandals during the 1980s and 1990s exposed significant corruption, ambivalence and incompetence within central and local government and Parliament. These included the “cash-for-questions” affair in 1994 involving several MPs; the “arms to Iraq” affair which involved allegations that ministers had tried to cover up breaches of UN sanctions against Iran and which resulted in the lengthy but inconclusive Scott Report; the prosecution of whistleblowers such as Kathie Massister, Clive Ponting and Peter Wright under the now repealed Official Secrets Act 1911, various incidents including the Westlands affair in 1987 which appeared to involve civil servants disregarding the traditional principle of impartiality and conniving with ministers against each other; cases where MPs and a cabinet minister, Jonathan Ajtken received favours from outside interests. These incidents gave the UK government a reputation what was widely known as “sleaze”. In 1986 in its 8th Report, the Public Accounts Committee pointed to a “departure from the standards of public conduct which have mainly been established during the past 140 years”.

The result was an attempt to lay down standards of behaviour to be expected from persons in public fife. The Committee on Standards in Public Life (The Nolan Committee) was appointed in 1994 as a standing committee with wide terms of reference. These included the UK and European parliaments, central and local government and other publicly funded bodies such as universities and local voluntary bodies. Currently chaired by Lord Neill, the Committee reports into current concerns about standards of conduct of all holders of public office but does not investigate complaints against individuals. A Parliamentary Commissioner for Standards was created in 1996 to deal with questions arising out of MPs' interests, and various codes of conduct have been produced for ministers and civil servants.

The Committee identified what has come to be known as the “Seven Principles of Public Life”. These are selflessness, integrity, objectivity, accountability, openness, honesty and leadership. Except in Northern Ireland, these standards have no legal force and the traditional doctrine that the executive should be regulated by closed internal methods remains dominant. It has however been argued that the formulation of broad principles such as fairness, rationality, proportionality and respect for rights might form the basis of public law reform. Such principles although too vague to be applied as rules might form a common currency to guide the courts and administrative decision-makers. This proposal helps to provide a framework for choosing between liberal and communitarian values, which is arguably the best we can hope for in a democratic constitution.

b) Provide definitions for “corruption” and “Nepotism”.

c) Why is the UK government known as “sleaze”?

d) Put the following traits selflessness, integrity, objectivity, accountability, openness, honesty and leadership in the order of your personal priorities (from most important to the least important).

TASK VII. Read the text and summarise the reasons for exceptions to collective decision-taking:

Formally, the only major exception to the requirement that important policy decisions need collective clearance is by convention tax policy, decisions on which are for the Chancellor, consulting the Prime Minister. Even in the case of tax changes, some consultation with colleagues is normal where the change in question affects their policy interests but this is done bilaterally, not collectively.

Sometimes an exception has to be made in cases of urgency or sensitivity. In these cases one would expect the Minister to consult the Prime Minister and the Chairman of the relevant Cabinet Committee - together with the Chancellor if there are cost implications; and if the issue is important to write to colleagues collectively after the event for information or to validate what has been done.

Are Prime Ministers justified in taking important decisions outside Cabinet, deliberately keeping an issue away from their colleagues? Most modern Prime Ministers have done so to some degree and it would be unrealistic to expect that this should never happen because one cannot and should not take the politics out of Government. There may be issues of such sensitivity that the Prime Minister does not wish to risk consideration in Cabinet or Cabinet Committee. If the Government is prone to leaks, as most are from time to time, this may be especially understandable. There may be other difficult issues in respect of which the Prime Minister is clear about the approach needed but on which the Government is divided and the dynamics of discussion in a body as large as the modern Cabinet would make it hard to get the right solution. In either case the Prime Minister might be justified in dealing with the issue outside Cabinet.  But even in these cases one would expect him to consult his most senior colleagues; and this approach should be the exception, not the rule.

Rather than taking sensitive decisions outside the system, it is, of course, open to a Prime Minister to use the system to drive through controversial proposals. It has been normal for Prime Ministers to chair some of the key Committees of the Cabinet in order to be able to exercise influence or control on issues of the greatest importance to the Government. 

Some Prime Ministers have used ad hoc Cabinet Committees with a carefully selected membership to tackle specific issues, chairing some of these themselves (Wilson and Thatcher both made extensive use of these). This seems a preferable approach to the more informal arrangements discussed in the previous paragraph, even though it may be used to exclude the majority of the Cabinet from participating in a decision.

The following issues will help you to answer the exam question THE UK GOVERNMENT and to write your essay:

1.The relationships between the legislative and the executive branches of government.

2. The Cabinet is the central institution of the UK Constitution.

3. Is government a science, a business or an art?

 

 

G L O S S A R Y

abdication: an act of renouncing or abandoning privileges or duties, esp. those connected with high office.

ACAS: Advisory, Conciliation and Arbitration Service, an organisation set up to act as a mediator in industrial disputes. It mostly deals with large disputes between trade unions and managements, but also has a role to play in individual employer – employee disputes. In addition, every application to an industrial tribunal is first sent to ACAS to see if a negotiated settlement can be achieved.

acquittal: The process by which a defendant is discharged in a criminal trial after a “not guilty” verdict.

Act of Parliament: A Bill that, having passed through both Houses of Parliament is given the Royal Assent by the Queen and then becomes law. Acts of Parliament make up the statute law. The vast majority are initiated by the government of the day, but some can be launched by backbench Members of Parliament under the Private Members' Bills procedure.

adversarial: The form of proceeding adopted in English law. In both CRIMINAL and CIVIL proceedings, the party bringing the case prosecutor and plaintiff, respectively – have to prove that the allegations they make amount to either a crime or a breach of civil law. The defendant replies with counter-allegations. It is the function of the court to decide between the parties according to the evidence each side brings in support of the case. In criminal cases, the prosecution has to prove its case “beyond reasonable doubt" to the satisfaction of the court. In civil cases, the side wins that presents the more convincing case “on the balance of probabilities”. In serious criminal cases, a jury decides whether the case is proved. Only exceptionally is a jury used in civil cases. In some areas of the law, particularly divorce, it is now felt that this system is not the most useful for resolving disputes, and INQUISITORIAL system is preferred. (NOTE: adversary – adj , n)

advice: Legal advice is available from a number of sources. More and more people use advice agencies such as Citizens' Advice Bureaux (CABx) as their first port of call. If they have a serious legal problem, CABx will refer people to a solicitor, or they can approach one directly; further specialist advice can then be sought from Counsel. Legal advice can be obtained under the LEGAL AID Schemes, by way of the GREEN FORM. Some solicitors charge a flat £5 charge for an hour's worth of advice, or a free initial interview can be sought from solicitors taking part in a number of specialised LAW SOCIETY schemes, such as the Accident Legal Advice Service (ALAS) for accident victims.

advocate: A lawyer who fights-a client's case in the courts. The majority of advocates are BARRISTERS, but solicitor-advocates have RIGHTS OF AUDIENCE in magistrates' and county courts and get limited access to the higher courts. In Scotland, lawyers who specialise in advocacy are known simply as “advocates”.

affidavit: A sworn written statement of fact produced by either defendant or plaintiff in court proceedings.

appeal: A mechanism whereby one can question a verdict or sentence passed in a criminal trial or a decision or point of law in a civil trial. In theory, one can continue to appeal to a higher court right up to the HOUSE OF LORDS. In an increasing number of cases, however, leave (permission) of the Court is required before an appeal can be heard.

appropriation: (in administrative law) The allocation of a sum of money to a particular purpose

aristocracy: a privileged class of persons, esp. the hereditary nobility. 2. A government ruled by a privileged class

arbitration: A system of resolving disputes by an arbitrator rather than in a court before a judge. The procedure is much simpler and more informal than at trial and can be less costly: there is less costly: there is less need for lawyers as the arbitrator will take on the role of investigator as well as impartial judge. The arbitrator will impose a decision, unlike in CONCILIATION, where the parties are guided to a compromise by the conciliator. The SMALL CLAIMS procedure in county courts is one form of arbitration that already exists within the court system, and court-annexed arbitration (which is in wide use in the US) is a means by which commercial disputes can be settled at an early stage to avoid full-scale litigation.

articled clerks: Trainee solicitors who are articled (i.e. apprenticed) to fully qualified solicitors for two years before, having passed all their exams, having their names admitted to the LAW SOCIETY Rolls.

Attorney General: The highest government law officer; normally also an MP, as well as a barrister. The Attorney General usually sits in the Cabinet and answers questions in the House of Commons on the administration of civil justice and legal matters in general. He/she represents the Crown in civil matters and prosecutes very serious criminal cases, often involving national security. He/she has many other discretionary powers. and is also ex officio leader of the English bar. In Scotland, the corresponding law officer is the Lord Advocate.

authority: 1. The right or permission to act legally on another's behalf; esp., the power of one person to affect another's legal relations by acts done in accordance with the other's manifestations of assent; the power delegated by a principal to an agent <authority to sign the contract>. 2. Governmental power or jurisdiction <within the court's authority>. 3. A governmental agency or corporation that administers a public enterprise 4. A legal writing taken as definitive or decisive; esp., a judicial or administrative decision cited as a precedent <that case is good authority in Massachusetts>. The term includes not only the decisions of tribunals but also statutes, ordinances, and administrative rulings.

 

bail: Release of a person after arrest, normally on the condition that they pay some security or accept certain conditions and return for trial at a later date. An accused person must be granted bail unless there is a good reason not to do so, and it may be refused only on certain specific grounds - for example, if there is a danger that the accused will interfere with witnesses.

bailiff: Officers of the county courts who can be sent out to recover debts and seize assets when ordered to do so by the court.

Bar: The collective term for BARRISTEPS, who are called to the Bar. The barristers' trade union is the General Council of the Bar, commonly known as the Bar Council, which looks after the interests of the profession.

barristers: Lawyers who do advocacy work and advise solicitors as Counsel, and are sometimes seen as the senior part of the legal profession. They are all self-employed and get their work through belonging to a set of CHAMBERS. They can command huge fees and are paid on a case-by-case basis. In theory, a barrister can never turn down a brief, as they are meant to operate by a cab-rank formula, never knowingly refusing a fare. In practice, this often happens as they may have to return a brief at the last moment if the case they are currently working on overruns. Their current Monopoly of RIGHTS OF AUDIENCE in the higher courts is potentially threatened by the Courts and Legal Services Act 1990. They may soon be allowed to enter into binding contracts for their fees – at present, they cannot sue their clients to recover their fees. However, barristers themselves cannot be sued for negligence in performance of their duty as ADVOCATES.

Bill of Rights: A declaration of fundamental freedoms, which is codified by law that both citizen and state must adhere to. Most countries have a written Bill of Rights in their constitutions, the most famous being the American one. Owing to the unwritten CONSTITUTION, England and Wales have no positive mechanism of defending individual rights enshrined by law except by appeal to the European Court of Human Rights in Strasbourg.

Binding: adj. 1. (Of an agreement) having legal force <a binding contract>. 2. (Of an order) requiring obedience <the temporary injunction was binding on the parties>

breach of contract: A failure to comply with the terms of a contract. Certain terms are implied by law – for example, certain consumer rights in contracts for the sale of goods. The party not in breach may sue the party in breach.

cab-rank rule: A rule among BARRISTERS that compels them to take any case they are offered as long as it is in their usual sphere of work, they are not otherwise engaged, and a proper fee is offered. It is designed to ensure that anyone, no matter how apparently repulsive, has someone to champion their cause. Barristers who wish to get around the rule declare themselves available only for certain kinds of work, such as administrative law. A similar rule applies among Scottish advocates.

Central Criminal Court: Otherwise known, as the Old Bailey, this is the major CROWN COURT in London, where serious murder or fraud cases are held.

chambers: The work-place of barristers. There are over 300 chambers in England and Wales, the majority being situated in the four INNS OF COURT in London. Each set of chambers usually specialises in a particular type of law – criminal, commercial or common – and is made up of a 'head of chambers', who is usually a QUEEN'S COUNSEL, and a number of junior barristers. Each chamber has a CLERK who organises the work of and sets the fees for the BARRISTERS.

Chancery Division: A division of the HIGH COURT, which deals with property disputes, disputes of title or land, trusts, company law, mortgages and wills. It is headed by the LORD CHANCELLOR, but organised by the Vice Chancellor of the Chancery Division. The 14 judges assigned to the Chancery Division sit and hear cases.

checks and balances: the theory of governmental power and functions whereby each branch of government has the ability to counter the actions of any other branch, so that no single branch can control the entire government. For example, the executive branch can check the legislature by exercising its veto power, but the legislature can, by a sufficient majority, override any veto.

circuit: The court system has been divided into six administrative areas called circuits: Midland and Oxford, Northern, North Eastern, South Eastern, Wales and Chester, Western. They are each run by a circuit administrator, and have presiding judges from the HIGH COURT in London and circuit leaders (senior barristers) organising the judicial administration. At the more important centres of population, High Court judges try both criminal and civil cases.

circuit judge: A judge who sits in the crown and county courts in the six circuits of England and Wales. There are almost 400 circuit judges, most of whom are former barristers although some were once solicitors. They are appointed by the LORD CHANCELLOR and can be dismissed by him.

Citizens' Advice Bureaux (CABx): Advice shops run by the National Association of Citizens' Advice Bureaux and financed by grants from central and local government. There are over 2000 CABx all over the country, and they are often the first providers of (free) legal ADVICE to members of the public. In fact, they can sometimes offer better advice than solicitors in such specialist areas as employees' rights. tenants' rights and consumer issues.

Civil justice Review: A report published in June 1988 after three years' work by a committee of experts into the running of the civil justice system in England and Wales. Many of the report's key proposals have been implemented by the Courts and Legal Services Act 1990. Its major findings were that delays and cost were the two most important deterrents to access to civil justice and they recommended a broad range of changes including shifting work down to the COUNTY COURTS, more new judges, extending the financial limits of the lower courts and giving judges more powers to manage cases.

civil law: That part of the law that deals with legal rights and duties that individuals many enforce-through the legal process for their own benefit.

Civil service: The body of Crown servants that are employed to put government policies into action and are paid wholly out of money voted annually by Parliament. Civil servants include the administrative and executive staff of central government departments (e.g. the Home Office and Treasury) and the industrial staff of government dockyards and factories. Civil servants may serve in established or unestablished capacities, with effects on pension entitlement, etc. The police (not being Crown servants), the armed forces (not being civil), government ministers, and those (e.g. judges) whose salaries are charged on Consolidated Fund are not civil servants.

claimant: Previously known as plaintiff. The person who takes action to enforce a claim in the CIVIL court. New civil justice rules in 1999 said the word claimant should be used instead.

claim form: previously known as writ or default summons. A document that begins many forms of civil action.

class action: A way of fighting a group civil action. This is commonly used in the US in legal actions following disasters that involve many people – for example, against drug companies when the number of victims can run into many thousands. At present, class actions are not allowed in England and Wales, although there are signs that the restrictions – particularly from the LEGAL AID administration – may soon be overcome.

clerk: Many officials in the legal system have the title of clerk. The most important are the “clerks to the justices” in the MAGISTRATES' COURTS, who advise the magistrates on law and administer the courts. Other clerks include judges' clerks, who act as personal assistants, and barristers' clerks who negotiate with solicitors on behalf of the barrister members of their CHAMBERS.

Commercial Court: A separate court inside the QUEEN'S BENCH DIVISION of the HIGH COURT. It mainly serves the domestic and international business communities and has a panel of specialist judges. The main areas it deals with are banking, property and securities disputes. Its working practices have recently been reformed, and it is held up as a model for other courts to follow, although it still suffers from long delays.

committal: The act of sending someone to trial by jury after a preliminary hearing in the MAGISTRATES' COURT.

common law: English law as a whole is referred to as a common law system. Unlike Continental systems, it is not based on a set of authoritative texts and codes, but rather has been built up through the years by decisions of judges in actual cases. The law is “recoverable” from the many sets of published law reports. Cases decided in the higher courts carry more weight than those decided in the lower courts and can overrule the decisions of the latter.

Commonwealth, the: 1 An organization of countries that used to be under the political control of the UK. It is also known as the Commonwealth of Nations or the British Commonwealth.1a. [only before noun] belonging to or involving this organization: Commonwealth countries; 2 the Commonwealth or the Commonwealth of Australia AUSTRALIAN Australia or its government

Community law: The term used to refer to that autonomous body of law validated by the founding treaties of the European Community (EC). It is concerned with matters that may affect the workings of a common market. For example, goods marketed within the EC must conform to safety standards that are the same in all member states, and the professional qualifications gained in one member state must be recognised in the others. Community law is binding on all the member states, which must give precedence to it over their own domestic laws, but only in those matters that are the concern of the EC as defined by the Treaty of Rome and subsequent amending treaties. It is the task of the EUROPEAN COURT OF JUSTICE to interpret and uphold this law. Community law, unlike most other aspects of international law, confers rights and obligations on the individuals who are citizens of the member states.

community service order: An order made (with increasing frequency) against convicted offenders requiring them to carry out work for the benefit of the community, under strictly controlled and supervised conditions. It is an alternative to other forms of sentence, especially custodial sentences. The order requires the performance of a stated number of hours of work over a specified period.

compensation: DAMAGES, that are paid to victims of accidents and LIBEL either by settlement or after a trial. Levels of compensation are usually worked out by a very complicated system, taking into account such things as loss of earnings as well as pain and suffering. The highest level of compensation paid in England and Wales to date is just over £1 million for a victim of medical NEGLIGENCE, but in the US it can run into hundreds of millions of dollars. This difference is due to the fact that, in the US compensation is set by juries, but by judges in England and Wales (except in libel cases). Discussion is taking place now about raising compensation levels, to bring them more into line with those of other countries.

Concession: n. 1. A government grant for specific privileges. 2. The voluntary yielding to a demand for the sake of a settlement. 3. A rebate or abatement. 4. Int'llaw. A contract in which a country transfers some rights to a foreign enterprise which then engages in an activity (such as mining) contingent on state approval and subject to the terms of the contract.

conciliation: One alternative way of resolving disputes, most often used in DIVORCE proceedings to smooth the legal path of separation. It is a relatively new system in England and Wales, and permits the two parties to resolve their dispute using only one solicitor and a conciliator rather than two solicitors. It is therefore much cheaper and can be a lot less stressful for the parties than a full court case. Disputes over the division of joint assets such as the marital home and, more importantly, disputes over the custody of any children can be more amicably resolved. In conciliation, the parties are guided towards a compromise by the conciliator; whereas in ARBITRATION, the arbitrator imposes a decision.

Consolidated Fund: The central account with the Bank of England maintained by the government for receiving public revenue and meeting public expenditure. Most payments from it are authorized annually by Consolidated Fund Acts, but some (e.g. judicial salaries) are permanent statutory charges on it.

constitution: The code by which an individual country is governed. In England and Wales, there is no written constitution; their system of governance has evolved over the centuries. With a constitution, there must also be a constitutional court that resolves disputes over the interpretation of the constitution; the most famous of these is the US Supreme Court.

contempt: This may occur in two forms. The first is, interference with actual or anticipated litigation to the extent that justice may be prejudiced. Actual examples include publication of articles designed to influence the outcome of a court case, and an attempt by a solicitor’s clerk to enliven court proceedings by releasing laughing gas. The second form of contempt is refusal to obey the order of a court. In either case, the person in contempt may be fined or imprisoned. Companies that are in contempt of court risk SEQUESTRATION of their assets. The. first form of contempt sometimes leads to a conflict between the requirements of justice and the right of the media to keep the public informed on matters of public interest.

contempt of court:  (civil contempt) Disobedience to a court judgment or process, e.g. breach of an injunction or improper use of discovered documents. If the injunction is served on the defendant with a penal notice attached, breach of the injunction can result in the defendant being jailed.

contempt of Parliament (or contempt of the House): conduct which may bring the authority of Parliament into disrepute.

contingency fee: The system by which lawyers are paid in civil cases in the United States, and which is currently being canvassed as an alternative for England and Wales. In the US, lawyers are paid a percentage of their clients' winnings; thus, the system is sometimes referred to as “no win, no fee”. It has come in for huge criticism: a contingency fee system means that lawyers have a personal stake in litigation, and this can lead to “ambulance chasing”, where lawyers seek out lucrative work through the misfortunes of others. A modified version of the contingency fee system may be introduced into English law, to be known as “conditional fees”. Ordinary fees would be paid but only on condition that the plaintiff wins. Criminal, family and certain other types of cases would be excluded. The main area in which the scheme would operate would be in PERSONAL INJURY cases.

contract: A legally binding agreement giving rise to enforceable rights and obligations, which, if ignored or not carried out, can lead to an action for BREACH OF CONTRACT. The terms of contracts entered into by individuals as consumers are increasingly regulated by statute.

Convention: 1. An agreement or compact, esp. one among nations; a multilateral treaty <the Geneva Convention>. 2. A special deliberative assembly elected for the purpose of framing, revising, or amending a constitution. – Also termed constitutional convention. 3. An assembly or meeting of members belonging to an organization or having a common objective <an ABA convention>. - Also termed conference. 4. Parliamentary law. A deliberative assembly that consists of delegates elected or appointed from subordinate or constituent organizations within a state or national organization, or elected directly from the organization's membership or from defined geographic or other constituencies into which the membership is grouped, and that usu. exercises the organization's highest policymaking authority <a national political convention>. Also termed assembly; congress; convocation; delegate assembly; general assembly. 5. Parliamentary law. A session of a convention (sense 4), consisting of a series of consecutive meetings separated by short recesses or adjournments, often during a convention (sense 3) that includes educational and social programs for the benefit of delegates and other members. 6. A generally accepted rule or practice; usage or custom <the court dispensed with the convention of having counsel approach the bench>.

conveyancing : The legal side of buying and selling property, usually done by solicitors. It involves checking the deeds and titles of land and drawing up contracts. In 1985, the solicitors' monopoly on conveyancing was broken, and licensed conveyancers were also allowed to do the work. This resulted in a reassessment of solicitors' working practices, as they had come to rely on conveyancing for most of their income. Under recent legislation, the market for conveyancing services may soon be opened up to banks and building societies, and a conveyancing OMBUDSMAN has already been appointed.

coroner: A judicial officer who conducts inquests into deaths where it is reasonable to suspect violence or unnatural causes. Inquests are held in coroners' courts, usually with a jury.

corporation aggregate: e.g. A company registered under the Companies Acts consists of a number of members who fluctuate from time to time.

a corporation sole: e.g. the Crown consists of one member only and his or her successors.

costs: Legal expenses payable to lawyers for their services. Following a contested case in court, the losing party has to pay the winner's costs as well as their own. The amount charged in such cases is controlled by the court through a process known as “taxation of costs”. In legally aided cases, a non-legally aided party will only exceptionally recover costs from a losing legally aided party.

counsel: Another name for BARRISTERS.

county court: Until recently, county courts were minor civil courts with limited jurisdiction. Under the Courts and Legal Services Act 1990, however, county courts hear all but the most important civil cases (which include those Of JUDICIAL REVIEW). This is brought about by transfer arrangements between the HIGH COURT and the county courts. County courts can now make any order that the High Court can in equivalent cases. There is some doubt about the ability of the county courts to discharge their increased workload, because of a lack of additional funding.

court action: Civil case in a law court where a person sues another person.

Court of Appeal: The court where APPEALS from the COUNTY COURT, HIGH COURT and CROWN COURT are heard. It is divided into two divisions: civil and criminal. It is based in the ROYAL COURTS OF JUSTICE. The normal appeal is heard by three judges, usually LORD JUSTICES OF APPEAL. However, many civil appeals are now heard by two judges; there is then a right to a further hearing before three judges, if the two judges disagree. Subject to obtaining leave, there is a further right of appeal to the HOUSE OF LORDS.

Court of Session: The supreme civil court in Scotland. It consists of the Outer House, in which important cases are tried for the first time, and the Inner House, which hears appeals from other Scottish courts (including the Outer House).

criminal law: That part of the law that relates to crimes and their punishment. A crime is a violation of a duty that an individual owes to every other individual in a society, such violation being punishable by the state.

cross-examination: The process used to question the other side's witnesses in court.

crown court: A senior court that deals with criminal cases heard by a judge and jury. There are some 90 crown court centres in England and Wales.

Crown proceedings – Actions against the Crown brought under the Crown Proceedings Act 1947. The prerogative of perfection (the King can do no wrong) originally resulted in immunity from legal proceedings, not only of the sovereign personally but also of the Crown itself (including government departments and all other public bodies that were agencies of the Crown). It gradually became possible, however, to tae proceedings against the Crown for damages for breach of contract or for the recovery of property. The form of proceedings was a petition of rights (not an ordinary action), and the procedure governing them was eventually regulated by the Petition of Rights Act 1980. The Crown Proceedings Act 1947 replaced petitions of rights by ordinary actions. It also made the Crown liable to actions for the tort of any servant or any agent committed in the course of his employment, for breach of its duties as an employer and as occupier of property, and for breach of any statutory duty that is binding on the Crown.

Crown Prosecution Service (CPS): The organisation funded wholly by the state which prosecutes in the criminal courts. It employs both barristers and solicitors and has replaced the police who formerly did most of their own prosecutions. The CPS has come in for a lot of criticism since it was established in 1986, mainly because of under-funding and under-staffing.

damages: An award of money by a court to a successful claimant (plaintiff) in a civil action, typically for a BREACH OF CONTRACT such as NEGLIGENCE. The general rule is that damages are intended to put the plaintiff into the same position (as far as money can do so as if the defendant had not caused the plaintiff any loss. Exceptionally, the court will award additional or exemplary damages as a mark of disapproval of the defendant's behaviour; this is most common in LIBEL actions. See also COMPENSATION.

defendant: Generally someone against whom civil or criminal legal proceedings are brought. See also CLAIMANT.

delict : A term used in Scots law, equivalent to the English term TORT: namely, a breach of a duty imposed by law and owed by one person to another.

Democracy: government by the people, either directly or through representatives elected by the people.

Director of Public Prosecutions (DPP): A government appointee, usually a barrister or solicitor of at least ten years' standing, whose office prosecutes in criminal cases for the state. He/she also controls the CROWN PROSECUTION SERVICE who report directly to him/her. With some serious crimes, such as riot, the prosecution can only go ahead with the consent of the DPP.

disclosure and inspection: previously known as discovery. The process wherby each side in a court action serves a list of relevant documents on the other. The other party then has the right to inspect those documents.

discretion – the reasonable exercise of a power or right to act in a n official capacity.

district judge: Formerly known as a district registrar, a judicial officer who sits in the COUNTY COURT and hears minor cases, especially under the SMALL CLAIMS jurisdiction. He also deals with preliminary questions in other litigation.

Divisions of the High Court: There are three divisions in the HIGH COURT: Chancery, Family and Queen's Bench Divisions. Judges are assigned to particular divisions, and only hear disputes in the areas that that division covers. See also CHANCERY DIVISION, FAMILY DIVISION, QUEEN'S BENCH DIVISION.

divorce: Dissolution of marriage on the grounds of its irretrievable breakdown. See also CONCILIATION, MATRIMONIAL.

Dominium - In the civil and old English law, ownership; property in the largest sense, including both the right of property and the right of possession or use. The right which a lord had in the fee of his tenant.

duty solicitors: Solicitors who are available on a voluntary, rota basis, and who are paid out of the LEGAL AID fund to provide assistance and cover at MAGISTRATES' COURTS and in police stations.

 

Election: n. 1. The process of choosing by vote a member of a representative body, such as the House of Commons or a local authority. For the House of Commons, a general election involving all UK constituencies is held when the sovereign dissolves Parliament and summons a new one; a by-election is held if a particular constituency becomes vacant (e.g. on the death of the sitting member) during the life of a Parliament. Local government elections (apart from those to fill casual vacancies) are held at statutory intervals. The conduct of elections is regulated by the Representation of the People Acts 1983 and 1985. The Representation of the People Act 2000 made some changes to electoral registration and absent voting and allowed for experiments involving innovative electoral procedures. Other changes make it easier for the disabled to vote and created an offence of supplying false particulars on a nomination form. Voting is secret and normally in person, but any elector can obtain a postal vote without having to specify a reason. The only requirement is that the applicant is included in the Register of Electors. Applications for a particular election must be received by the Electoral Registration Officer six working days before an election. Different rules apply in Northern Ireland. Any dispute as to the validity of the election of a Member of Parliament or a local government councillor is raised on an election petition, which is decided by an election court consisting of two High Court judges. 2. A doctrine of equity, commonly applied to wills, based on the principle that a person must accept both benefits and burdens under one document. or reject both. It arises when there are two gifts in one document, one of A's (the creator's) property to Band one of B's property to C. B must choose whether to accept the gift of A's property to him and transfer his own property to C. or to reject both gifts.

Eligible: adj. fit and proper to be selected or to receive a benefit; legally qualified for an office, privilege, or status.

emergency powers: Powers conferred by government regulations during a state of emergency. The existence of such a state is declared by royal proclamation under the Emergency Powers Acts 1920 and 1964. A proclamation which lasts for one month but is renewable, may be issued whenever there is a threat (e.g. a major strike or natural disaster) to the country's essentials of life.

equity: A body of law that grew up under the control of the royal official known as the Chancellor (now the Lord Chancellor). By his position, the Chancellor was able to mitigate the sometimes harsh consequences of applying strict rules of law. Today equity is that part of common law that enables the courts to exercise discretion in granting and withholding remedies where the good faith and conscience of the parties' behaviour towards one another is a relevant issue – for example, in the granting of an INJUNCTION in a dispute between neighbours over property boundaries.

European Convention of Human Rights: This was ratified by the United Kingdom in 1951 and later by the 20 other European member states of the Council of Europe. It has 18 articles laying down fundamental rights for citizens, such as the right to freedom of expression. The majority of signatories have incorporated it-into their domestic law including the United Kingdom. There is a European Court of Human Rights in Strasbourg. which acts as a final court of appeal for all signatories. The UK accepts the compulsory jurisdiction of the Strasbourg Court, provided all domestic judicial remedies have been exhausted. Although the UK government has a record of being found in violation of the Convention more than 20 times, such rulings have usually resulted in a change of UK domestic law. See also BILL OF RIGHTS.

European Court of justice: The court of the European Community, based in Luxembourg. It interprets European COMMUNITY LAW and the Treaty of Europe. It is also a final court of appeal for individuals challenging Community law or their own country's interpretation of it. It has 13 judges from the member states, and six advocates-general who present cases before the Court. There is also a Court of First Instance attached to the European Court of justice, which deals with, among other things, questions of Community competition policy, following appeals against the decisions of the European Commission on matters such as large-scale mergers between companies.

European regulations, directives and decisions. These are the three legal terms for European COMMUNITY LAW that affects member states. A regulation is binding on all countries; a directive affects all states but it is up to individual states to achieve the aim of the directive by whatever means they choose; and a decision affects only the body or country to which it is addressed. See also EUROPEAN COURT OF JUSTICE.

evidence: Anything produced, whether physically or verbally, to defend or prosecute a case in court.

exception (or exemption) clause: A clause introduced into a CONTRACT by a party who is offering to supply goods and services, which purports to limit or exclude a responsibility that the law would place on that party. Following the belief that people only make agreements they intend to keep, courts used to enforce these clauses literally. However, in recognition of the fact that these terms are actually imposed on a take-it-or-leave-it basis by firms supplying goods and services, today the tendency is to limit or deny altogether the effectiveness of such clauses, especially in consumer contracts.

Executive: n. 1. The branch of government responsible for effecting and enforcing laws; the person or persons who constitute this branch. The executive branch is sometimes said to be the residue of all government after subtracting the judicial and legislative branches.

Family Division: The division of the HIGH COURT that deals with divorce, contested custody of children, and complicated financial disputes between husbands and wives, and has jurisdiction over wards of court. It has its own president and some 17 judges assigned to it.

federal government: 1. A national government that exercises some degree of control over smaller political units that have surrendered some degree of power in exchange for the right to participate in national political matters. - Also termed (in federal states) central government. 2. The U.S. government. Also termed national government.

fine: A monetary penalty imposed on a convicted offender; the most common form of sentence. When current legislation is brought into force, fines will be based on a unit system, which will relate the amount of the fine to an offender's ability to pay out of his or her disposable income.

flexible constitution: a constitution that has few or no special amending procedures. - The British Constitution is an example. Parliament can alter constitutional principles and define new baselines for government action through ordinary legislative processes. The

Canadian Constitution also grants its legislature some limited ability to amend the Constitution by legislation.

fraud: A false representation by means of a statement or conduct made in order to gain a material advantage.

Green Form scheme: The common name for the Legal Advice and Assistance Scheme for LEGAL AID, by which citizens can get up to two hours' work done for them by solicitors at no charge.

habeas corpus: A WRIT used to compel a person who is detaining another in custody to produce that person in court. See also QUEEN'S BENCH DIVISION.

High court: The High Court Sits in the ROYAL COURTS OF JUSRICE in London and at some 25 other centres around England and Wales and is divided into three divisions: Chancery, Family and Queen's Bench. See also DIVISIONS OF THE HIGH COURT.

Home Office: The government department that runs the criminal justice system in England and Wales, headed by the Home Secretary. It funds and supervises the MAGISFRATES' COURTS and the CROWN PROSECUTION SERVICE, as well as the prison system.

House of Lords: The second chamber of Parliament, and the highest APPEAL court in the land. There are ten Lords of Appeal in Ordinary, or LAW LORDS, five of whom sit to hear each appeal case.

Human Rights Act: legislation, enacted in 1998, that brought the European Convention on Human Rights into domestic law for the whole of the UK on 2 October 2000. In the past the use of the Convention was limited to cases where the law was ambiguous and public authorities had no duty to exercise administrative discretion in a manner that complied with the Convention.

The Act creates a statutory general requirement that all legislation (past or future) be read and given effect in a way that is compatible with the Convention. Section 3 provides that all legislation, primary and secondary, whenever enacted, must be read and given effect in a way that is compatible with Convention rights wherever possible.

The Act requires public authorities - including courts - to act compatibly with the Convention unless they are prevented from doing so by statute. This means that the courts have their own primary statutory duty to give effect to the Convention unless a statute positively prevents this. Section 7 gives the *victim of any act of a public authority that is incompatible with the Convention the power to challenge the authority in court using the Convention, to found a cause of action or as a defence. The Act introduces a new ground of illegality into proceedings brought by way of judicial review, namely, a failure to comply with the Convention rights protected by the Act, subject to a 'statutory obligation' defence. Secondly, it will create a new cause of action against public bodies that fail to act compatibly with the Convention. Thirdly, Convention rights will be available as a ground of defence or appeal in cases brought by public bodies against private bodies (in both criminal and civil cases). Section 7(5) imposes a limitation period of one year for those bringing proceedings.

However, only persons classified as "victims" by the Act are able to enforce the duty to act compatibly with the Convention in proceedings against the authority, and only victims will have standing to bring proceedings by way of judicial review. Most private litigants, at least in private law proceedings, will count as victims. The Convention rights that have been incorporated into the Act are: Articles 2 to 12, 14, 16, 17,18; Articles 1 to 3 of the First Protocol; and Articles 1 and 2 of the Sixth Protocol.

The Act requires any court or tribunal determining a question that has arisen in connection with a Convention right to take into account the jurisprudence of the Strasbourg organs (the European Court and Commission of Human Rights and the Committee of Ministers). This jurisprudence must be considered "so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen", whenever the judgment, decision, or opinion to be taken into account was handed down.

Section 19 provides that when legislation is introduced into Parliament for a second reading, the introducing minister must make a statement, either (1) to the effect that, in his view, the legislation is compatible with the Convention, or (2) that although the legislation is not compatible with the Convention, the government still wishes to proceed. If it is not possible to read legislation so as to give effect to the Convention, then the Act does not affect the validity, continuing operation, or enforcement of the legislation. In such circumstances, however, section 4 empowers the high courts to make a declaration of incompatibility. Section 10 and schedule 2 provide a 'fast-track' procedure by which the government can act to amend legislation in order to remove incompatibility with the Convention when a declaration of incompatibility has been made.

The Act gives a court a wide power to grant such relief, remedies, or orders as it considers just and appropriate, provided they are within its existing powers. Damages may be awarded in civil proceedings, but only if necessary to afford just satisfaction; in determining whether or not to award damages and the amount to award, the court must take account of the principles applied by the European Court of Human Rights.

Sections 12 and 13 provide specific assurances as to the respect that will be afforded to *freedom of expression and *freedom of thought, conscience, and religion: these are 'comfort clauses' for sections of the press and certain religious organizations. . .

The Act does not make Convention rights directly enforceable against a private litigant, nor against a quasi-public body with some public functions if it is acting in a private capacity. But in cases against a private litigant, the Act still has an effect on the outcome, because the court will be obliged to interpret legislation in conformity with the Convention wherever possible; must exercise any judicial discretion compatibly with the Convention; and must ensure that its application of common law or equitable rules is compatible with the Convention.

 

immunity: Freedom or exemption from legal proceedings. Examples include the immunity of the sovereign personally from all legal proceedings.

Imperium - The right to command, which includes the right to employ the force of the state to enforce laws. This is one of the principal attributes of the power of the executive.

indictment: A written or printed description of the charges laid against an accused person in serious criminal cases. See also OFFENCE.

Ineligible: adj. (18c) (Of a person) legally disqualified to serve in office.

injunction: A judicial order restraining a person or body from carrying out a specific action, or requiring the carrying out of an action.

Inns of Court: The areas in London where BARRISTERS have their CHAMBERS. There are four Inns: Lincoln's Inn, Gray's Inn, Inner Temple and Middle Temple. They charge minimum rents and are administered by a senior official known as the Treasurer. They also have an upper tier of senior members called 'benchers'.

inquisitorial: An alternative trial system, used mainly on the Continent, whereby judges play a more investigational role and manage cases themselves, calling their own witnesses instead of having them presented by defendants' and plaintiffs' Counsel. See also ADVERSARIAL.

 

judge: A person appointed in the name of the Crown to hear cases in court and give decisions based on the evidence and arguments presented at the trial. The most senior judges are appointed on the advice of the Prime Minister; the majority of others are appointed by the LORD CHANCELLOR. Eligibility for appointment will in future depend upon having had specified RIGHTS OF AUDIENCE. The dominance of barrister appointees is likely to continue for some considerable time. See also CIRCUIT JUDGE, LAW LORD, LORD JUSTICE OF APPEAL.

Judgment: n. 1. A decision made by a court in respect of the matter before it. Judgments may be interim (interlocutory), deciding a particular Issue prior to the trial of the case; or final, finally disposing of the case. They may be in personam , imposing a personal liability on a party (e.g. to pay damages); or in rem, determining some issue of right, status, or property binding people generally. 2. The process of reasoning by which the court's decision was arrived at. In English law it is the normal practice for judgment to be given in open court or, in some appellate tribunals, to be handed down in printed form. If the Judgment contains rulings on important questions of law, it may be reported in the *law reports.

judicial review: The procedure whereby administrative decisions are reviewed by the judiciary in the Divisional Court of the , QUEEN'S BENCFI DIVISION of the HIGH COURT. They can only look at the legal and procedural side of a decision, not at its merits. It is seen as a growth area in the law. See also PUBLIC INQUIRY.

jury: Made up of 12 men and women chosen at random from the electoral register. Juries hear criminal cases in CROWN COURTS and LIBEL cases in the HIGH COURT, and make decisions at CORONERS' inquests. Their role in criminal and libel cases is to decide guilt or innocence after hearing all the facts and to set levels of damages in libel hearings.

justice of the peace: Another term for MAGISTRATE.

 

law centre: Community-based legal offices that offer free advice and representation. There are some 60 law centres in England and Wales, mostly in inner city areas where there is a scarcity of private practitioners; Set up primarily during the 1970s to provide access to the law for people of modest or no means, they are constantly threatened with closure due to lack of funds. Most of their income comes from central and local government and from LEGAL AID work.

Law Commission: A body established in 1965 to make proposals for updating and reforming the law. There is a separate Scottish Law Commission. Many reforms have been based on the work of these two bodies - for example, changes in consumer law.

Law Lords: The most senior judges Of APPEAL, also known as Lords of Appeal in Ordinary. There are ten Law Lords who sit in the HOUSE OF LORDS in panels of five.

Law Society: The organisation that looks after the interests of the SOLICITORS' profession. Until 1989, it played a dual role, acting as, the solicitors’ trade union and policing the profession as well as running the administration of LEGAL AID. This latter duty passed on to the LFGAL AID BOARD in April 1989.

lawyer: The collective term used to describe either a BARRISTER or a SOLICITOR.

lease: A contract under which an owner of property (the landlord or lessor) grants another person (the tenant or lessee) exclusive possession of the property fro an agreed period, usually (but not necessarily) in return for rent and sometimes for a capital sum known as a premium. A lease must be made by a formal document (a deed) which is itself called a lease. The deed that creates the lease sets out the terms, which include the parties, the property, the length of the lease, the rnt, and other obligations (covenants).

legal aid: The system by which citizens can pay for legal services funded out of public expenditure. The legal aid budget is run at approximately £500 million per annum, and is divided between civil, criminal and GREEN FORM legal aid. There are different and complicated criteria for qualifying for legal aid, which take income and capital savings into account and there is also the possibility that one may be asked to pay a contribution. The last official figure put the eligibility for legal aid at 70% of the population, although most experts now believe the percentage be much lower. For very serious crimes, where a person's liberty or reputation is at stake, different criteria - known as the “Widgery Criteria” after a former Lord Chief justice - apply; most applicants would qualify, although they must still pass a means test. Legal aid is not, however, available for certain actions such as libel, for TRIBUNALS or for the SMALL CLAIMS COURT. There are further proposals to require applicants to expend their capital resources before legal aid is granted, thus converting the scheme into a 'safety net' scheme. See also LAW SOCIETY.

Legal Aid Board: The body set u' in 1989 to take over the administration of LEGAL AID from the LAW SOCIETY. It consists of between 11 and 17 members drawn from business and the legal professions.

legal aid scheme: A scheme under the Legal Aid Act 1988whereby the payment of legal costs was made out of public funds for those unable to meet the costs themselves, provided that the person qualified under the financial and merits tests laid down under the scheme. There were separate provisions for civil and criminal cases. Civil legal aid had two components: legal advice and assistance (sometimes known as the green form scheme) and legal aid. Under the former, payment was made to qualified lawyers under the scheme who provided legal advice and help preliminary to litigation. Under legal aid, payment was made for the provision of legal advice and assistance at all stages of litigation, including appeals. In criminal cases, the court determined whether or not legal aid was granted and made a legal aid order if it considered legal aid desirable in the interest of justice. The legal aid scheme was replaced in April 2000 by the *Community Legal Service. Under this new scheme of legal aid and assistance, the green form scheme was replaced by the legal help scheme and legal aid was replaced by full representation; there are, in addition, intermediate levels of service.

legal insurance: An alternative way of paying for legal services, which operates very much like health insurance. It is still in its infancy in England and Wales, although in West Germany, over 50% of households have some sort of legal insurance. It is becoming quite common in Britain to find this form of insurance offered as an extra with household and motor insurance policies.

Legislation: n. 1. The whole or any part of a country's written law. In the UK the term is normally confined to Acts of Parliament, but in its broadest sense it also includes law made under powers conferred by Act of Parliament, law made by virtue of the royal prerogative. 2. The process of making written law.

Legislation: 1. The process of making or enacting a positive law in written form, according to some type of formal procedure, by a branch of government constituted to perform this process. - Also termed lawmaking; statute-making. 2. The law so enacted. 3. The whole body of enacted laws.

Legislator: n. One who makes laws within a given jurisdiction; a member of a legislative body. Also termed lawmaker.

Legislature: The branch of government responsible for making statutory laws. - The federal government and most states have bicameral legislatures, usu. consisting of a house of representatives and a senate.

Legislature: n. The body having primary power to make written law. In the UK it consists of Parliament, i.e. the Crown, the House of Commons, and the House of Lords.

liabilities: Debts of a business.

liability: Being legally responsible for paying for damage or loss.

libel: An untrue statement made about a person, which tends to bring that person into the hatred, ridicule or contempt of 'right- thinking' members of society or might make people shun or avoid him/her. To be a libel, the statement must be in written form or broadcast. Everyone who repeats the libel, as well as the original maker of the statement, may be sued. It is a defence to show that the statement was substantially true or was fair comment on a matter of public interest, but such a defence is difficult to establish in court. English libel law is more strict than the law in the US, and some people. believe that it unduly inhibits free comment in the media. Exceptionally for civil cases in England and Wales. libel actions are still tried by a judge sitting with a jury. In certain instances - for example, when libellous things are said in court or in Parliament and then printed or broadcast - no proceedings may be brought at all. Slander is the term used for untrue statements made orally. In both cases, the statement must be published and read (or broadcast and heard) by a third person.

limited liability: Principle that by forming a limited liability company, individual members are liable for that company’s debts only to the value of their shares.

limited liability company: Company where a member is responsible for repaying the company’s debts only up to the face value of the shares he owns.

listing: The system of putting cases down for trial. Cases are either assigned a specific date or are regarded as floaters and can be slotted in whenever a court becomes free.

litigation: The process of fighting or defending a legal case. Litigation may only be conducted for reward by solicitors and any others who may gain litigation rights under the Courts and Legal Services Act 1990, – going to law/ bringing of a lawsuit against someone to have a dispute settled.

Lobby: vb. (1837) 1. To talk with or curry favor with a legislator, usu. repeatedly or frequently, in an attempt to influence the legislator's vote <she routinely lobbies for tort reform in the state legislature>. 2. To support or oppose (a measure) by working to influence a legislator's vote <the organization lobbied the bill through the Senate>. 3. To try to influence (a decision-maker) <the lawyer lobbied the judge for a favorable ruling>.

Lord Advocate: The senior government law officer in Scotland.

Lord Chancellor: The senior figure in the administration of justice. He is unique among public office holders for he has responsibilities that range over all three branches of government: he is at once a member of the executive as a senior Cabinet minister, a member of the legislature as ex officio speaker of the House of Lords, and the head of the judiciary, from time to time exercising judicial functions as a LAW LORD in the House of Lords. His primary task is to ensure the efficient administration of justice. He is responsible for CIVIL LAW reform and for the selection of virtually all JUDGES and judicial officers, MAGISTRATES, QUEEN'S COUNSEL and TRIBUNAL chairpersons, and for the smooth running of the court system and the LEGAL AID system. He has a government department to back him up, and a staff of 10,000 who work either in his department, out on the CIRCUIT or in the ROYAL COURTS OF JUSTICE. See also CHANCERY DIVISION, CIRCUIT JUDGE.

Lord Chief justice of England: The senior judge in England who sits in the criminal division Of the COURT OF APPEAL and presides over the QUEEN'S BENCH DIVISION of the High Court.

Lord justice of Appeal: One of the 27 judges who sit in the COURT OF APPEAL.

Lord of Appeal in Ordinary: See LAW LORD.

Luxembourg Court: See EUROPEAN COURT OF JUSTICE.

magistrate: Also known as a JUSTICE OF THE PEACE. There are over 29,000 part-time lay magistrates in England and Wales who sit in local MAGISTRATES' COURTS hearing minor criminal cases. They are appointed by the LORD CHANCELLOR and (in Lancashire and Greater Manchester) the Chancellor of the Duchy of Lancaster, and are chosen from candidates within the local community.

Magistrates’ court: The junior court in the criminal justice system. It is also the first point of access for offenders to the court system. It does have some civil jurisdiction, for the most part concerned with MATRIMONIAL and family cases involving applications for maintenance and adoption, as well as cases over licensing the sale of liquor and applications by residents to change street names. Three magistrates usually sit together to decide cases, advised on the law by a CLERK.

Majority:  1. The status of one who has attained the age (usu. 18) at which one is entitled to full civic rights and considered legally capable of handling one's own affairs. 2. A number that is more than half of a total; a group of more than 50 percent <the candidate received 50.4 percent of the votes barely a majority>. A majority always refers to more than half of some defined or assumed set. In parliamentary law, that set may be all the members or some subset, such as all members present or all members voting on a particular question. A "majority" without further qualification usu. means a simple majority.

Marre Report: The 1988 report into the legal profession, written by committee set up jointly by the LAW SOCIETY and the BAR Council, named after its chairperson, Lady Marre. It recommended, among other things, extending RIGHTS OF AUDIENCE for SOLICITORS to the CROWN COURT and the right for solicitors to be made High Court JUDGES.

Master of the Rolls: The senior civil law judge, who presides over the COURT OF APPEAL, organising its work and allocating judges to cases, and who is in charge of the LAW SOCIETY Rolls.

Master of the Supreme Court: A senior judicial officer who hears minor cases and preliminary hearings in the CHANCERY and QUEEN'S BENCH divisions of the HIGH COURT.

matrimonial: The term for all law dealing with DIVORCE.

medical negligence: A type of case where a breach of legal duty to take reasonable care or exercise reasonable skill in a medical sense has occurred. There have been calls to establish a special NO-FAULT COMPENSATION scheme for medical accidents.

Monarchy: A government in which a single person rules, with powers varying from absolute dictatorship to the merely ceremonial.

 

National Legal Service: A concept for the future. The legal equivalent of the National Health Service, including a public, salaried legal profession and a court system wholly funded by the state. The merits and disadvantages of this concept have often been debated in law reform circles. The closest it has come to in England and Wales has been the setting up of the CROWN PROSECUTION SERVICE. See also PUBLIC DEFENDER.

negligence: The most common example of TORT in modern times. It consists of negligent behaviour resulting in damage to a person, where the person causing the damage owed a duty of care to the person suffering the damage. Common examples of a 'duty of care' are those owed by road users to each other and the duty owed by an employer to an employee. Because of the requirement to prove negligence, in English law COMPENSATION for harm is only available on proof of fault by an identifiable person.

no-fault compensation: A system in which liability would not have to be proved before a claim Of NEGLIGENCE and DAMAGES could be laid. Such a system operates in a number of Scandinavian countries and in New Zealand. It has the benefit of reducing delay in an injured party getting COMPENSATION but has two main disadvantages - that no one is proven to be at fault, and that the level of damages received could be less than what might have been received if a case were pursued after an admittance of liability.

nolle prosequi: (Latin to be unwilling to prosecute) A procedure by which an Attorney General may terminate criminal proceedings.

 

obiter dictum [Latin "something said in passing"] A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). Often shortened to dictum.

offence: All offences are classified in one of three ways, and classification determines the court of trial of an accused person. Summary offences (the least serious) are always tried in the MAGISTRATES' COURTS. Indictable offences (the most serious, such as murder and treason) are always tried in the CROWN COURT. The third category consists of offences 'triable either way'. In these, the magistrates' court decides, according to the gravity of the offence, whether they should be tried summarily or on indictment. Theft is a good example of an offence triable either way; depending on the circumstances, it may be a very serious or a trivial offence. In most cases where the honesty or reputation of the accused is an issue, the accused retains the right to demand trial by jury in the crown court, even though the magistrates may have said that the case was suitable for summary trial.

official referees: A group of nominated CIRCUIT JUDGES who may sit as HIGH COURT judges to deal with cases requiring detailed examination of documents and accounts or scientific investigation. Many of the cases involve the construction industry. Subject to the approval of the LORD CHIEF JUSTICE, an official referee may accept appointment in a case as an arbitrator. See ARBITRATION.

Old Bailey: See CENTRAL CRIMINAL COURT.

Ombudsman: The Parliamentary Commissioner for Administration, known as the Ombudsman, is a semi-judicial officer who looks into maladministration of national and local government and its agencies. He/she has powers of investigation and his/her recommendations are generally complied with, although there is no legal duty to do so. Access to the Ombudsman is usually through elected officials, either MPs or councillors, although direct access has recently been granted to the local government ombudsman. There are also a number of different ombudsmen covering insurance, banking, the National Health Service, conveyancing and legal services.

Orders in Council - Government orders of a legislative character made by the Crown and members of the Privy Council either under statutory powers conferred on Her Majesty in Council or in exercise of the royal prerogative.

Parliamentary Commissioner for Administration (Parliamentary Ombudsman) An independent official appointed under the Parliamentary Commissioner Act 1967 (as amended by the Parliamentary and Health Service Commissioners Act 1987) to investigate complaints by individuals or corporate bodies of injustice arising from maladministration by a government department or by certain nondepartmental public bodies, such as the Arts Council of England and the Housing Corporation. Appointment of the Commissioner is by the Crown on the Prime Minister's advice. The Commissioner may investigate complaints only if they are submitted to him in writing through a Member of Parliament; investigation is entirely at his discretion. If he upholds a complaint and it is not remedied, he reports this to Parliament. Complaints of maladministration by devolved bodies in Wales and Scotland are investigated by the Welsh Administration Ombudsman and the Scottish Parliamentary Commissioner for Administration, respectively.

Patronage: 1. The giving of support, sponsorship, or protection. 2. All the customers of a business; clientele. 3. The power to appoint persons to governmental positions or to confer other political favors.

personal injury: A type of case in which injury has been caused to a person through NEGLIGENCE or lack of due care by another. See also COMPENSATION, CONTINGENCY FEE.

petition: A written application to the court for a legal remedy, such as damages or injunction. One who puts forward such a petition is a petitioner (divorce petition, bankruptcy petition).

plaintiff: Someone who starts an action in a CIVIL Court. See CLAIMANT.

Pledge: n. 1. A formal promise or undertaking. 2. The act of providing something as security for a debt or obligation. 3. A bailment or other deposit of personal property to a creditor as security for a debt or obligation; 4. The item of personal property so deposited; 5. The thing so provided. - Formerly also termed safe pledge. 6. A security interest in personal property represented by an indispensable instrument, the interest being created by a bailment or other deposit of personal property for the purpose of securing the payment of a debt or the performance of some other duty. 7. Hist. A person who acts as a surety for the prosecution of a lawsuit. In early practice, pledges were listed at the end of the declaration. Over time the listing of pledges became a formality, and fictitious names (such as "John Doe" or "Richard Roe") were allowed.

Precedent: n. 1. 'The making of law by a court in recognizing and applying new rules while administering justice. 2. A decided case that furnishes a basis for determining later cases involving similar facts or issues.

Prerogative: The special power, pre-eminence or privilege which the Queen has, over and above other persons, in right of her Crown and independently of statute and the Courts.

Principal: n. 1. (in criminal law) The person who actually carries out a crime. (Formerly, the actual perpetrator was known as the principal in the first degree and a person who aided and abetted was called principal in the second degree, but the former is now known as the principal and the latter as the secondary party.) A person can be a principal even if he does not carry out the act himself; for example, if he acts through an innocent agent, such as a child, or if he is legally responsible for the acts of another (e.g. because of *vicarious liability). 2. (in the law of agency) The person on whose behalf an agent acts. 3. (in finance) The sum of money lent or invested, as distinguished from the interest.

Principal: n. 1. One who authorizes another to act on his or her behalf as an agent 2. One who commits or participates in a crime. 3. One who has primary responsibility on an obligation, as opposed to a surety or indorser. 4. The corpus of an estate or trust. 5. The amount of a debt, investment, or other fund, not including interest, earnings, or profits.

Principle: n. A basic rule, law, or doctrine.

prison: The major penal institution for the criminal justice system.

Privy Council: A body, headed by the Lord President of the Council. Its functions are mainly formal. There are about 350 Privy Counsellors, who include members of the royal family, all Cabinet ministers, the Speaker and other holders of high non-political office, and persons honoured for public services.

probate: The law concerned with wills and estates.

Procurator Fiscal: The official in Scotland to whom the police report comes, and who decides whether to bring a prosecution. See CROWN PROSECUTION SERVICE.

product liability: The liability of a manufacturer or distributor of a product for death or injury caused by a defect in that product. For products originating in the European Community, it is no longer necessary to prove that a defect came about as a result of NEGLIGENCE. The manufacturer has a good defence to a claim if it can be shown that there was no way of knowing that a product would be defective. This is known as the 'state of the art' defence.

prosecution: The process whereby a defendant is accused of a crime in the criminal justice system, act of bringing someone to court to answer a charge.

public defender: The office that represents defendants in criminal trials, this representation being paid for out of the public purse. This system is used in the United States and its application has been canvassed here as a counter-balance to the CROWN PROSECUTION SERVICE. See also NATIONAL LEGAL SERVICE.

public inquiry: A procedure presided over by an official who may be an inspector (as in planning inquiries) or a legally qualified chairperson. It is used to make recommendations to government ministers in cases where decisions will be potentially controversial or adversely affect the interests of private individuals. The consequent decision and the proceedings of the public inquiry are subject to JUDICIAL REVIEW.

Qualified: adj. 1. Possessing the necessary qualifications; capable or competent <a qualified medical examiner>. 2. Limited; restricted <qualified immunity>.

Queen's Bench Division: The largest of the three DIVISIONS OF THE HIGH COURT, which has the broadest range of work – from general civil claims for debts and damages to contract disputes. It has specialist courts within it: the COMMERCIAL COURT, which, as its name suggests, deals with commercial matters; the Admiralty Court for shipping disputes; and the Divisional Court for JUDICIAL REVIEWS and APPEALS from MAGISTRATES' COURTS on points of law, and also where the remedy of HABEAS CORPUS can be sought. It also has the largest number of judges assigned to it (53), including those on the Crown Office List who specialise in judicial reviews.

Queen's Counsel (QC): A senior BARRISTER who has “taken silk” – that is, been selected to be a QC. Each year, barristers of at least 15 years' standing can apply to the LORD CHANCELLOR; usually only some 50 are selected. As a QC, a barrister can command a higher fee and is more likely to be picked to be a HIGH COURT judge.

ratio decidendi: n. [Latin"the reason for deciding"] 1. The principle or rule of law on which a court's decision is founded. 2. The rule of law on which a later court thinks that a previous court founded its decision; a general rule without which a case must have been decided otherwise.

Recorder: A part-time judicial officer who hears cases in crown and county Courts. There are some 1000 recorders and assistant recorders. Both SOLICITORS and BARRISTERS are eligible for appointment.

Redress:  n. (14c) 1. Relief; remedy <money damages, as opposed to equitable relief, is the only redress available>. 2. A means of seeking relief or remedy <if the statute of limitations has run, the plaintiff is without redress>.

registrar: See DISTRICT JUDGE, MASTER OF THE SUPREME COURT

remand: The period in custody after being charged with a criminal offence and before being sent for trial. Although there are a number of remand centres in England, there are so many remand prisoners that some must stay in prisons and police cells, a situation that has led some to declare a state of crisis in the remand system.

remedy (redress. relief): n. Any of the methods available at law for the enforcement, protection, or recovery of rights or for obtaining redress for their infringement. A civil remedy may be granted by a court to a party to a civil action. It may include the common law remedy of damages and/or the equitable remedies of quantum meruit, injunction, decree of specific performance.

remuneration: The means by which lawyers are paid, particularly from the LEGAL AID fund. Lawyers claim that legal aid remuneration is too low and have even taken the LORD CHANCELLOR to court over its levels. See also COSTS.

representation: The process by which individuals are represented in court by lawyers.

rider: A statement, opinion, or piece of advice added esp. to an official declaration or judgment.

rights of audience: The right of a lawyer to represent clients in court. BARRISTERS used to have sole rights of audience in CROWN COURTS and the higher courts. SOLICITORS are allowed to appear in the COUNTY COURTS and MAGISTRATES' COURTS and at TRIBUNALS. Recent enabling legislation has created the possibility of solicitors being granted wider rights of audience. The terms on which this will happen are being hammered out in negotiations. The principal objection by barristers is that solicitors should be subjected to the “cab-rank rule”, in the same way as barristers.

rigid constitution: a constitution whose terms cannot be altered by ordinary forms of legislation, only by special amending procedures. The U.S. Constitution is an example. It cannot be changed without the consent of three-fourths of the state legislatures or through a constitutional convention. U.S. Const. art. V.

Rolls: The list of qualified solicitors, organised by the LAW SOCIETY. See also MASTER OF THE ROLLS.

Royal assent: The agreement of the Crown, given under the royal prerogative and signified either by the sovereign in person or by royal commissioners, that converts a Bill into an Act of Parliament.

Royal Courts of justice: The major courthouse in England based in the Strand, London. It houses the COURT OF APPEAL and the major High Court in England. With over 60 courtrooms and back-up administrative staff, it is seen as the centre of the English legal system.

Royal prerogative: The special rights, powers, and immunities to which the Crown alone is entitled under the common law. most prerogative acts are now performed by the government on behalf of the Crown.

Royal proclamation: A document by which the sovereign exercises certain prerogative powers and certain legislative powers conferred on her by the statute.

Royal style and titles: These were made by Proclamation in 1953, and are: "Elizabeth II, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith".

sentence: An order of a court imposing a penalty, following the conviction of an accused person. The Sentencing power of MAGISTRATES' COURTS is generally limited to a FINE of £2000 and /or a term of imprisonment of not more than six months on anyone charged; a term of imprisonment may be suspended for up to two years. There is now a wide variety of sentences available. See also COMMUNITY SERVICE ORDER, PRISON.

sequestration: The seizure of a person's or a company's assets by the court for preservation pending the outcome of legal proceedings.

separation of powers: the division of governmental authority into three branches of government legislative, executive, and judicial - each with specified duties on which neither of the other branches can encroach; a constitutional doctrine of checks and balances designed to protect the people against tyranny.

sheriff: The officer of the HIGH COURT, who implements orders of the court in debt collection and other matters.

sheriff court: A Scottish court with both civil and criminal jurisdiction. The judges are the Sheriffs Principal and the Sheriff's Substitute.

slander: See LIBEL.

small claims court: Part of the COUNTY COURT where claims under £1000 are heard by a DISTRICT JUDGE. The procedure is informal. Although there is no LEGAL AID for small claims cases, the normal rules about COSTS do not apply. This acts as a disincentive to the use of lawyers for representation. See also ARBITRATION.

solicitors: Lawyers who advise and represent clients in all stages of the legal process, but cannot appear in the higher courts as ADVOCATES, and who usually therefore instruct COUNSEL to do so. There are 50,000 practising solicitors in England and Wales, all of whom are members of the LAW SOCIETY. Solicitors usually operate out of medium-sized firms comprising a number of partners, junior solicitors and ARTICLED CLERKS. The largest firm in the country has almost 200 partners and over 800 legally qualified staff. Some solicitors operate as sole practitioners, although they are finding it more difficult in the new climate of competition. See also CONVEYANCING, RIGHTS OF AUDIENCE.

Solicitor General: A junior government minister, usually an MP, who is the second law officer of the Crown under the ATTORNEY GENERAL.

source of law: something (such as a constitution, treaty, statute, or custom) that provides authority for legislation and for judicial decisions; a point of origin for law or legal analysis.

Spec Scheme: A system used in Scotland where lawyers can waive their fees before a case has commenced so that, if the case is lost, clients won't have to pay. If it is won, the lawyers will be paid by the other side. This scheme is banned in England and Wales, although many believe it has merits in providing more access to justice for those both too poor to pay for legal services and too well off to be eligible for LEGAL AID. See also CONTINGENCY FEE.

specialist panels: Panels of lawyers who are experts in certain fields of law. There are already two specialist panels – in child care and mental health law - and, of course, specialist ADVOCATES. There is a possibility that more panels may come into being in the fields of PERSONAL INJURY, MEDICAL NEGLIGENCE and housing, especially for LEGAL AID clients where the state is trying to cut down on waste due to lack of expertise. Eventually, only lawyers who are members of the relevant panel may be allowed to practise in that field of law.

stare decisis: n. [Latin "to stand by things decided"] The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.

statute book: The entire body of existing statutes.

statute law: See ACT OF PARLIAMENT.

stipendiary magistrates: The more than 60 full-time, legally qualified magistrates .who sit on their own in MAGISTRATES' COURTS, usually in the major cities.

Strasbourg Court: See EUROPEAN CONVENTION OF HUMAN RIGHTS,

structured settlement: A form of settlement in very large claims for DAMAGES for PERSONAL INJURIES where the injured party is permanently disabled and usually with a reduced life expectancy. Instead of a lump sum, the claimant is awarded an income for life or for a fixed period, which is to be raised by the defendant purchasing an annuity for the benefit of the claimant. This form of settlement is economic from the defendant's point of view, and the claimant is compensated in full. This form of settlement has to be approved by the Inland Revenue as well as the court.

Subject: n. One who owes allegiance to a sovereign and is governed by that sovereign's laws.

subordinate legislation: Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any ACT OF PARLIAMFNT. Many modern Acts only legislate on a subject in outline, leaving the details to be filled in later by subordinate legislation. Such legislation is subject to special parliamentary scrutiny, and it may also be ruled invalid by a court if the minister exceeds the powers that the Act of Parliament confers on him/her. Several thousand items of subordinate legislation pass through Parliament each year.

subpoena: A court order directing a person to attend court to give evidence or to produce documents; used when a person is unwilling to do so voluntarily. Failure to comply with the order is CONTEMPT of court and may lead to imprisonment or another penalty.

Succession: n. 1. The act or right of legally or officially taking over a predecessor's office, rank, or duties. 2. The acquisition of rights or property by inheritance under the laws of descent and distribution; 3. The right by which one group, in replacing another group, acquires all the goods, movables, and other chattels of a corporation. 4. The continuation of a corporation's legal status despite changes in ownership or management.

Succession; n. 1. The law and procedures under which beneficiaries become entitled to property under a testator's will or on intestacy. 2. (in international law) The transfer of sovereignty over a territorial entity from one subject of international law (i.e. one state) to another. As a result of succession, an existing state becomes totally extinguished (as when Tanganyika and Zanzibar ceased to exist in 1964 on the formation of Tanzania) or a state transfers part of its territory to another state.

Successive: adj. 1. Archaic. (Of an estate) hereditary. 2. (Of persons, things, appointments, etc.) following in order; consecutive.

To sue: To bring a civil action in the courts.

Suffrage: 1. The right or privilege of casting a vote at a public election. 2. A vote; the act of voting.

summary offence: See OFFENCE.

Summon: vb. To command (a person) by service of a summons to appear in court.

summons: A summons is issued when criminal proceedings are commenced and is sent to the defendant. It states the general nature of the OFFENCE, and the place and time the defendant is to appear. It is also used in civil proceedings to start a county court case.

Supreme Court: A collective term for the COURT OF APPEAL, the HIGH

COURT and the CROWN COURT, which together comprise the Supreme Court of England and Wales.

s urveillance : Keeping watch on a suspect= watching someone carefully to get information about what he is doing.

 

'take silk': See QUEEN'S COUNSEL.

to tender (for) – 1) To make a formal offer to do something for a particular price; 2) to present for acceptance; 3) to offer in payment.

Tenur : n. (l5c) 1. A right, term, or mode of holding lands or tenements in subordination to a superior. In feudal times, real property was held predominantly as part of a tenure system. 2. A particular feudal mode of holding lands; 3. A status afforded to a teacher or professor as a protection against summary dismissal without sufficient cause. This status has long been considered a cornerstone of academic freedom. 4. More generally, the legal protection of a long-term relationship, such as employment.

tort: A breach of a duty that has been imposed by the law on all persons for the protection of other persons' lives, persons, reputations and well-being. Such breaches of duty give rise to a civil action by the person harmed by the other's breach of duty.

See also DELICT, NEGLIGENCE, TRESPASS.

Treasury: The government department that controls public expenditure and sets the level of the budgets for the various departments involved in the administration of justice and the legal system.

Treasury Counsel: A group of Counsel appointed by the ATTORNEY GENERAL to prosecute on direction of the DIRECTOR OF PUBLIC PROSECUTIONS in criminal trials in the CENTRAL CRIMINAL COURT. The Junior Counsel to the Treasury is instructed by the Treasury Solicitor to represent government departments in major civil cases, usually JUDICIAL REVIEWS.

 Treaty - An international agreement in writing between two states (a bilateral treaty) or a number of states (a multilateral treaty). Such agreements can also be known as conventions, pacts, protocols, final acts, arrangements and general acts. In England the power to make or enter into treaties belongs to the monarch, acting on the advice of government ministers, but a treaty does not become a part of English law until brought into force by an Act of Parliament. (Paris Treaty (1951); Treaty of Rome (1957); Maastricht Treaty ( 1992).

trespass: An unlawful interference with a person or a person's land or possessions.

trial: The process whereby cases are heard and decided by either a judge or a judge and jury.

tribunals: Informal courts in the civil legal system. Each has a chairperson who must be a lawyer, as well as lay members who hear cases in a number of specialised areas. Of the more than 50 types of tribunals, the most common are the industrial tribunals and the Social Security appeals tribunals. There are others dealing with immigration, mental health, land and pensions. There is no LEGAL AID for representation at tribunals as they are meant to be informal and simple to use, but increasingly lawyers are needed as the law in such areas becomes more complicated.

trust: An obligation accepted by a person, known as a “trustee”, to hold and manage property entrusted to him/her by its owner, for the benefit of a third person, known as the “beneficiary”. The trust obligation is the prime example of the way in which EQUITY ensures that actual intentions with respect to the disposition of property are carried out. A trust may arise by agreement between the trustee and the owner of the property or be imposed on the trustee because of the circumstances existing between him/her and the owner of the property.

Tyranny: 1. The severe deprivation of a natural right. 2. The accumulation of all powers the legislative, executive, and judicial- in the same hands (whether few or many). Sense 2 expresses the Madisonian view of tyranny, to be found in The Federalist, No. 47. 3. Arbitrary or despotic government; the severe and autocratic exercise of sovereign power, whether vested constitutionally in one ruler or usurped by that ruler by breaking down the division and distribution of governmental powers.

unwritten constitution. 1. The customs and values, some of which are expressed in statutes, that provide the organic and fundamental law of a state or country that does not have a Single written document functioning as a constitution. - In British constitutional law, the constitution is a collection of historical documents, statutes, decrees, conventions, traditions, and royal prerogatives. Documents and statutes include Magna Carta (1215), the Bill of Rights (1689), and the European Communities Act (1972). 2. The implied parts of a written constitution, encompassing the rights, freedoms, and processes considered to be essential, but not explicitly defined in the written document. - Many aspects of an unwritten constitution are based on custom and precedent. The U.S. Constitution does not, for example, give the Supreme Court the power to declare laws unconstitutional but the Court does so without question. Nor does the Constitution expressly guarantee a right of privacy, but the Supreme Court has declared that the right exists and is protected. 3. A nation's history of government and institutional development. This was the standard definition before the United States produced the first written constitution. It remains current in Great Britain and other nations that have unwritten constitutions. 4. Parliamentary law. A governing document adopted by an organization for its internal governance and its external dealings. The constitution may be an organization's most authoritative governing document, but if the organization has also received a charter or adopted articles of incorporation or association, then the constitution is subordinate to them. If the organization has also adopted bylaws, then the bylaws are subordinate to (and usu. more easily amended than) the constitution. The constitution and bylaws are sometimes contained in a single document.

 

to vest: To confer legal ownership of land on someone; 2) to confer legal rights on someone.

Veto: n. 1. (in international law) The power given to any permanent member of the Security Council of the *United Nations to refuse to agree to any nonprocedural proposal (there is no such power in relation to procedural matters) and thereby defeat it. An abstention is not equivalent to a veto. The President of the Security Council has power to determine which questions are nonprocedural. The General Assembly of the UN passed a Uniting for Peace Resolution in 1950, providing for the Assembly to take over some of the functions of the Security Council when the Council's work has been paralysed by use of the veto. This resolution, however, was only a political gesture and failed to overcome the veto power. 2. (in EU law) a. The power of a member state in the *Council of the European Union to block legislation when a unanimous decision in favour of a measure is required. Although much EU legislation only requires a qualified majority decision of the Council, unanimity votes are required in such areas as taxation, budgets, foreign policy, and the admission of new member states. b. The power of the *European Parliament to reject legislation proposed by the Commission by means of the *codecision procedure.

Void: adj. (14c) 1. Of no legal effect; null. - The distinction between void and voidable is often of great practical importance. Whenever technical accuracy is required, void can be properly applied only to those provisions that are of no effect whatsoever - those that are an absolute nullity.

Voidable: adj. (15c) Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. This term describes a valid act that may be voided rather than an invalid act that may be ratified.

Weatherill amendment This is an amendment to the House of Lords Bill 1988-89 moved by the late Lord Weatherill. This Bill sought to abolish the right of hereditary peers to sit and vote in the House of Lords. Lord Weatherill's amendment allowed for 92 hereditary peers to remain in the Lords. It was passed and became section 2 of the House of Lords Act 1999.

writ: A document issued by a senior civil court to start a court action.

wrong – act against natural justice/ act which infringes someone else’s right. (wrongdoer, wrongdoing).

 

K E Y S

UNIT I

HISTORY AND SOURCES OF ENGLISH LAW

 

TEXT 1

TASK I

1. apply; 2. justice; 3. judgment; 4. itinerant justices; 5. precedence 6. evidence; 7. case; 8. evidence.

 

 

TASK III

to stem from                                        to arise, to come , to derive

modern                                                 present

prevail                                                  predominate

vary                                                       change, deviate, differ

influence                                              affect, persuade, motivate

judge                                                     justice

contribute                                            add, bestow

treat                                                       consider, deal with

source                                                   origin

gain                                                                   acquire, get

body of                                                 accumulation, collection, mass

establish                                               create, set up

 

TASK IV

accept                                                   reject

gain                                                                   miss

occasional                                            frequent; regular

particular                                             general, easy going

common                                               distinctive, unusual

local                                                      general, national

obvious(ly)                                          hidden, obscure

TASK VII

1. different; 2. different, different; 3.various, differently; 4. different; 5. differently; 6.various; 7. various.

 

TASK VIII

Unitary, single, separate, association, similar, differences; differences, substantial, ruled, originally.

 

TEXT 2

TASK I

1. precedent; 2. Appeal; reversed; 3. lost a case; 4. overruled; 5. judiciary; 6. brought; 7. sacked.

 

TASK III

To offer                                                to come forward, to propose;

To make a law                                     to create, to establish;

Statement                                             assertion, declaration;

To consider                                          to contemplate, to judge;

To presuppose                                     to presume, to hypothesize;

To pronounce                                      to assert, to declare;

Precise                                                  accurate, well-defined, explicit.

 

TASK V

1. cling to; 2. impartiality; 3. take sides; 4. preponderance; 5. to take account of; 6. ensured; 7. look up; 8. spelt out.

 

TEXT 3

TASK I

1. jurisdiction; 2. petition; 3. verdict; 4. specific performance; 5. charges; 6. redress; 7. writ; 8. High Court.

 

TASK II

equity                fair system of laws or system of British law which developed in parallel with the common law to make it fairer;

writ                    legal document which begins an action in court.

litigant              person who brings a lawsuit against someone.

remedy              way of repairing harm or damage suffered.

damages            money claimed by a plaintiff from a defendant as compensation for harm done.

redress              remedy, relief.

wrong                an illegal or immoral act.

petition             written application to a court.

verdict              decision of a jury or magistrate.

injunction         court order compelling someone to stop doing something.

 

TASK V

1. dispensed; 2. observed; 3.enforced; 4.granted; 5. refused; 6. emerged; 7. held; 8.administered; 9. decided.

 

 

 

UNIT II

 

TEXT 1

TASK I

1. Relevant

2. Continuity

3. Asserted

4. Enshrined

5. Expunge

6. Stalemate

TASK II

1) compelling, primary, dominant;

2) crucial decisive, basic, major;

3) supreme;

4) set of rules, fundamental principles;

5) legitimate successor; eligible to succeed;

6) the rule of the military.

TASK IV

1. constituency;

2. institute;

3. constitute;

4. restitution;

5. substitute.

TEXT 2

TASK I

1. entitles;

2. premise, premise;

3. abdicated;

4. exact;

5. thrashed out;

6. franchise.

TASK II

To break the contract; to abuse power; to propound theory; to design/work out compromise; to avoid chaos; to restore constitution, monarchy; to reach solution; to dissolve/to summon Parliament; to preserve continuity; to exercise powers; to override legislation, veto; to lay down foundations/principles; to confer rights; to exact concessions; to fill the vacuum; to crush support, resistance; to ratify acts.

TASK III

a) 1) legality; 2) legacy; 3) legitimacy; 4) legislation; 5) legislature.

b) 1) legacies;2) legality; 3) legislation; 4) legitimacy; 5)legislatures.

TEXT 3

TASK II

1) was assured; 2) to ensure against; 3) ensured; 4) insure; 5) ensures; 6) assured; 7) ensure.

TASK III

1). a system or body of usages, laws, or regulations; single laws or usages if their operation is of vital importance and vast scope.

2) an organized society, established either by law or the authority of individuals, for promoting any object, public or social.

TASK IV

Evolutionary – evolution – evolve;

Comparative – comparison – compare;

Different – difference – differ/differentiate;

Constituent – constitution – constitute;

Notional – notion – notify;

Descriptive – description – describe;

Successive – succession – succeed;

Powerful – power – empower;

Expendable – expenditure – expend;

Alterative – alteration – alter;

Discoverable – discovery – discover;

Significant – significance – signify;

Distinctive – distinction – distinguish.

TASK VI

1) c; 2) b; 3) a; 4) b; 5) c; 6) b; 7) a; 8)a;

TEXT 4

TASK II

To limit/to restrain exercise of power/governmental powers;

To make/to enforce laws ;

To police rights;

To set/to place limits;

To override individual liberties;

To apply ideas/ prejudices/laws;

To interpret legislation;

To settle disputes ;

To obtain protection;

To remove provisions.

 

TASK III

C;2) a; 3) b; 4) b; 5) c; 6) c; 7) c; 8) b; 9) b

TEXT 5

TASK I

Tyranny – tyrannous – tyrannize;

Power – powerful – empower;

Function – functional – function;

Government – governmental – govern;

Center – central – centralize;

Separation – separate – separate;

Difference – different – differ;

Division – divisional – divide;

Reflection – reflective – reflect;

Influence – influential – influence;

Generalization – general – generalize;

Risk – risky – risk;

Weakness – weak – weaken;

Extent(extension) – extend – extensive;

Distinction – distinct(distinctive) – distinguish;

Harmony – harmonious – harmonize;

Contest – contentious – contend;

Dominate – dominant – dominate;

TASK II

Ancient theory; influential version; classical doctrine; powerful government; different interests, kinds, senses; pragmatic compromise; efficient working; proper sphere (of action); foreign affairs; weak government.

TASK III

To combat tyranny; to propose a version; to divide the functions; to veto legislation; to settle disputes; to override veto; to enforce laws; to interpret legislation, the law; to enact laws; to apply the law;

TASK IV

Democracy – the form of government in which the sovereign power resides in and exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. The term meaning literally “government by the people” is often employed loosely, often tendentiously, often vaguely. Originally a Greek term democracy was understood by the Greeks in a very different sense from the current understanding: Greek democracy was a limited institution – limited to clan members, who were citizens, a huge population of slaves and other subordinate classes were disfranchised.

Tyranny – arbitrary or despotic government; the severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him by breaking down the division and distribution of governmental powers.

Convention – 1) a term applied to constitutional rules which are observed although they do not have the force of law.

2) A name given to such meetings of the Houses of Lords and Commons as take place by their own authority, without being summoned by the Sovereign. This can only take place during great national crises. Thus, in 1660, the Convention Parliament met, which restored King Charles the Second; and in 1688, the Lords and Commons met to dispose of the Crown and kingdom in favour of the Prince of Orange.

3) A treaty with a foreign power.

Checks and balances – arrangement of governmental powers whereby powers of one governmental branch curb or control those of other branches.

 

TEXT 6

TASK II

1) b; 2) c; 3) b; 4) b; 5) c; 6) a; 7)b.

TASK III

1) others; 2) each; another; 3)each; 4) the other; 5) each other; 6)either; 7) each other; 8) another; 9) each, neither, the other.

 

TEXT 7

TASK I

To describe – description; to require – requirement; to reject – rejection ;

to achieve – achievement; to identify – identification (identity); to clarify – clarification (clarity); to pronounce – pronouncement; to declare – declaration;

to state – statement; to maintain – maintenance; to obey – obedience; to refuse – refusal; to violate – violation; to export – export; to regard – regard;

to appoint – appointment; to imagine – imagination

 

TASK IV

Developed; applied; honouring; changing; analyzed; inducing; called; involving; developed; interpreting; being challenged; construed; upholding; contained.

TASK VI

Immoral, illegal, unaccepted, indirectly, to devalue, to misuse, invalid, non-democratic, impersonal.

 

TASK VII

Rights and duties; better or worse; public or private; guilt or innocence; followed or preceded; to acquit or to convict; chaos or order; wholly or partly; war and peace; crime and punishment; to break a law or to obey the law; contrary to or in accordance with.

 

 

UNIT III

TEXT 1

TASK I

executive power –    the part of government that makes certain that laws are being applied as planned.

power of attorney ­ an authority given by one person to another to act on his behalf

resulting powers ­ правомочия, вытекающие из положений закона или из других правомочий

war powers ­ амер. право на объявление войны

emergency powers – powers conferred by government regulations during a state of emergency чрезвычайные полномочия

legal powers - полномочие, урегулированное правом, правомочие

government of powers – полномочное, правомочное правительство

statutory powers - право, правомочие по закону

 

TASK II

to exercise authority —      осуществлять правление 

to assume authority —     взять власть 

to undermine authority —   подрывать авторитет 

to delegate authority —      передавать власть 

parental authority —      родительская воля

government authority —   правительственные структуры

occupation authority —   оккупационные власти

to carry authority —      иметь влияние  

the authority of the judiciary          — полномочия судебной власти

 

TASK III

Alternative view; obscure concept; ceremonial and symbolic function; political significance; official capacity; executive power; corporation sole; legal powers.

 

TASK V

1. However, the Crown in its official capacity must be separated from the Queen since under the Crown Proceedings Act 1947 the Crown can be sued but not the Queen in her personal capacity.

2. A corporation sole is an office, which is a person separate from the individual who holds the office at any given time and which therefore exists permanently, not being affected by the death of the office holder.

3. However, the crown is an obscure concept, particularly as to whether the Crown and the Queen are the same.

TASK VII possesses; is exempt; has entered; are funded; are funded; can be increased.

TEXT 3

TASK II

1) can, must; 2) have to; 3) should ; 4) must; 5) might; 6) should, should; 7) must; 8) could, could, could; 9) can; 10) have to; 11) must.

TASK III

to abolish elections; to propose legislation; to exercise power/a personal choice; to appoint a prime minister; to influence opinion; to form a government; to produce an overall majority; to dissolve Parliament; to summon the leader; to advise a dissolution; to determine the electorate’s preference; to give assent; to command a majority; to dismiss a government

TASK V

a) Powers exercised by the Crown derive from three sources: statute, private law and the royal prerogative. Powers exercisable by other government bodies derive only from statute, except in the case of the police who have common law powers. Statutory powers make up the bulk of Crown powers and are usually conferred directly on individual ministers. The Crown also has inherent prerogative powers which are peculiar to itself. In practice these are also exercised by ministers. In addition the Crown is recognised as a person by the common law and so has the same capacity to make contracts, own property, etc. as a private individual. This has been described as the ‘third source’ of powers exercised by the Crown (see Harris, 1992). By contrast, public bodies such as local authorities that are creatures of statute can only do what statute authorises and cannot rely on the ordinary law.

b) lingering, antiquity, unresolved, finally, permissive, strictly, uneasily.

 

TASK VI

1. Before looking at the Royal Prerogatives…

2. In this connection Daintith has distinguished…

3. For example, to all intents and purposes…

4. It could be argued that…

5. Parliament can in principle supervise Crown contracts.

 

TASK VII.

1) usually, 2) directly, 3) lawfully, 4) properly, 5) ultimately, 6) finally, 7) notably.

 

TEXT 4.

TASK II

Some prerogative powers, for example dissolving Parliament and granting honours and titles, fall into categories that have traditionally been exempt from parliamentary scrutiny on the ground that they involve the personal discretion of the monarch, even though the monarch must usually act on the advice of the prime minister.

 

TASK III.

1. in; by.

2. on .

3. upon

4. with.

6. over; on; in.

TEXT 5

TASK II

to levy                                     taxes

to declare                         wars

to dissolve                       Parliament

to prevent                        criticism

to restore                          the monarchy

to give up                         the right

to exercise                       the powers

to appoint                         prime ministers

TEXT 6

TASK II

make up to form (something) as a whole

put forward   to offer, suggest (something as an idea) for consideration 

to back up to support something or someone

die out   to cease to exist, disappear         

date back to/from     to have existed since

pass down   to give or leave to people who are younger or come later

 

 

TEXT 9

TASK IV

A poll yesterday showed that 40 per cent of the electorate has not read it and it is likely it could fail to pass out of confusion, although most voters, when told what it means, back it.

UNIT IV

PARLIAMENT

 

TEXT 1

 TASK I      

To grant/ to give Aid; to meet expenses; to persuade barons; to get one’s assent;

to summon barons/knights; to hold Parliament; to deal with emergency.

TASK V

1) to be the sudden cause of (a usu. unpleasant feeling or action); - to provoke;

2) to call together for a meeting; - to convoke;

3) to call or bring into use or operation: (to invoke the authority of the court; invoke the Fifth Amendment); - to invoke;

4) to annul by taking back: (to revoke an offer); - to revoke;

5) to produce or to call up (a memory or feeling). - to evoke

 

TEXT 2

TASK III

Were summoned; went on, had appeared; be considered; approved; being considered; was made; emanated; starting; giving; increasing; were granted; stipulated; securing.

 

TEXT 3

TASK I

 

1) powerful, useful, forceful, skillful, lawful, purposeful, rightful;

2) influential, functional, commercial, original, official, pyramidal, judicial;

3) theoretical, monarchical, systematical, practical, historical, periodical;

4) wealthy;

5) customary, parliamentary;

6) favorable, reasonable;

7) bodily, kingly;

8) basic;

9) decisive.

 

TASK II

Roughly – approximately; originally – initially; allegiance – loyalty; evolve – develop; derive from – originate from; inheritance – succession; the realm – the kingdom; main – major.

TASK III

Simplify – complicate; the rise – the fall; descendants – ancestors; superior – inferior; separate – mixed; reject – approve; the beginning – the end; the majority – the minority.

.

TASK V

1) that; 2) which; 3) which; 4) who; 5) which; 6) which; that; 7) that

 

TEXT 4

TASK IV

 

1) legislate; 2) successive; 3) legislature; 4) succeed; 5) executive; 6) summoned; 7) summons; 8) void; 9) binding; 10) legalized.

 

TASK V

1. компетенция; 2. орган власти; 3. местные органы власти; 4. прецедент;   5. предписание; 6. местные отделы образования; 7. соответствующий орган;       8. юрисдикция; 9. лица, облеченные властью; 10. на основании полномочий.

 

TASK VI

1.authority; 2. organization; 3. a large amount; 4. organ; 5. corpse; 6. the main part; 7. legal body.

TEXT 5

TASK III

1) of; of; 2) of; by;of; for; for; under; 3) into; 4)over; of; of; for; in; 5) forward; of; to; of; 6) by /in; in; 7) by; of; in.

TASK VI

1. power; 2. adult; 3. represent; 4. legislature; 5. initiate; 6. application;7. member; 8. execute; 9. nation; 10 temporary. – PARLIAMENT!

TEXT 6

TASK II

1) adjourned 2) prorogued; 3) adjourned; 4) prorogued.

TASK VI

developed ;increased; are exercised; include; choosing; sustaining; supplying; authorizing; supervising; debating; govern; checks; controls; approves; amends; criticizes; vetoes.

 

TEXT 9

TASK II

1) parliamentary procedure; 2) parliamentary control; 3) parliamentary privilege; 4) parliamentary majority; 5) parliamentary committees; 6) parliamentary business; 7) parliamentary privilege; 8) parliamentary timetable; 9) parliamentary commissioner.

TASK VI

1. virtual; 2. partisan; 3. implement; 4. frontbench; 5. backbench; 6. evict; 7. be entitled ; 8. descendant

 

UNIT V

THE EXECUTIVE

TEXT I

TASK I:

1) democratic government; 2) effective government; 3) new government; 4) Government intervention; successive Governments 5) Government functions; Government activities; Government departments; 6) Government departments; 7) central Government; 8) Her Majesty’s Government; 9) government policy; 10) Government bills.

 

TASK IV

1) government; 2) government; 3) Parliament; 4) government; 5) government; 6) government; 7) Parliament; 8) Parliament; 9) government; 10) Parliament; 11) government; 12) government; 13) Parliament; 14) Parliament; 15) government;16) Parliament; 17)Parliament; 18) Parliament; 19) government; 20) Parliament; 21) Parliament; 22)Parliament.

 

TASK V

1) the Government; 2) the Cabinet; 3)the Government; 4) the Cabinet; 5) the Government; 6) the Cabinet; 7) Cabinet, government, the executive.

 

TEXT 2.

TASK III

1. of; by.

2. to; with; of; during

3. from; in; of

4. of; to; with; by

5. by; for; upon; in.

TEXT 3

TASK II

Means; is divided; work; are expected; does not involve; is called; are not allowed; is intended; relied; has been shown; have had; are not involved; were; were employed.

 

TEXT 4

TASK III

1) government; 2) government; 3) State; 4) Governments; 5) state; 6) state; 7) government; government; 8) state; 9) government; 10) state; 11) states; 12) government.

 

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