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Dictionary of legal terms - C
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[Home][Index - Dictionary][Dictionary of legal terms - C]

UK Law Dictionary - English Legal System

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Cabinet 

 

The Cabinet is where political power resides. A 15-25 member Cabinet is appointed by the Monarch on the prime minister's recommendation, from the membership of the House of Commons, the House of Lords, or even from outside Parliament. The number varies according to the prime-ministerial style.

 

 

 

These persons serve as chief executive officer of the largest and most important government departments. This select group also meets collectively to plan government policy and programs and, together, ensure that all government departments support the government's legislative and political agenda.

 

 

 

Cabinet's policy directions are translated into laws that are then brought before Parliament for approval. In this manner, the political will of the government is implemented. Ministers are responsible to Parliament for the proper functioning of their departments and would be expected to resign if their department failed or erred in an important duty or matter of state.

 

 

 

There are more departments than there are vacancies in the Cabinet. Consequently, not all department heads appointed from the ranks of Parliament, are members of the Cabinet.


Canon law 

 

The law of the Christian Church. Has little or no legal effect today. Canon law refers to that body of law which has been set by the Christian Church and which, in virtually all places, is not binding upon citizens and has virtually no recognition in the judicial system.

 

 

 

Some citizens resort to canon law, however, for procedures such as marriage annulments to allow for a Christian church marriage where one of the parties has been previously divorced. Many churchgoers and church officers abide by rulings and doctrines of canon law. Also known as "ecclesiastical law."


CAFCASS 

 

CAFCASS looks after the interests of children involved in family proceedings. It works with children and their families, and then advises the courts on what it considers to be in the children's best interests. CAFCASS only works in the family courts.


Call

 

An expression used to denote the experience of a barrister.  One who was called to the bar in 1998 would be said to have 6 years call in 2004


Capital punishment 

 

The most severe of all sentences: that of death, which in the UK was by hanging. Also known as the death penalty, capital punishment has been banned in many countries including the UK, in the UK the death penalty was permanently removed for all offences by the Human Rights Act 1998.

 

 

 

In the United States, an earlier move to eliminate capital punishment has now been reversed and more and more states are resorting to capital punishment for serious offences such as murder


Case law

 

The entire collection of published legal decisions of the courts, which, because of stare decisis, contributes a large part of the legal rules that apply in modern society.

 

 

 

If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law." In other words, the rule is not in the statutes  but can be found as a principle of law established by a judge in some recorded case. The word jurisprudence has become synonymous for case law.


Causation 

 

The rule particularly in criminal law that the defendant has to have caused the result or consequence. The causation can be either in law or in fact. So, death is the result or consequence of murder and has to be strictly proved by the prosecution. Often the 'but for test' is applied, 'but for what the defendant did would the result have occurred?'.


Causa sine qua non 

 

[Latin:  without which not].

 

Literally translated = cause without which - the event - could not have occurred. 

Similar to the "but for test" that is found in articles on causation in criminal law.  "But for" the action of D would the consequences have occurred?  If the answer is "No" then there is no factual causation.

 

See Sine qua non,


Caveat 

 

[Latin: let him beware]. A formal warning. Caveat emptor means let the buyer beware or that the buyers should examine and check for themselves things that they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought.  Consumer legislation has radically reduced the impact of caveat emptor in consumer sales.


CEDR

 

The Centre for Effective Dispute Resolution is the leader in the development of neutral-assisted dispute resolution.

 

 

 

It is a non-profit organisation and its mission is to encourage and develop cost effective dispute prevention and dispute resolution in commercial and public sector disputes and in civil litigation.

 

 

 

CEDR operates in the UK and internationally and has been instrumental in helping to bring mediation into the heart of business practice and into the judicial system. CEDR Mediator Accreditation is recognised as an international standard.

 

www.cedr.com


Certiorari 

 

[Latin: to inform] Now called a 'quashing order'. A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organisation (e.g. government) and to decide if the decision has been regular and complete or if there has been an error of law.

 

 

 

For example, a certiorari may be used to quash a decision of an administrative tribunal that was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.

 

 

 

A prerogative order since 1938, and since 1977 only available by way of Judicial Review


Cestui que trust or cestui que use 

 

[Latin: for the beneficiary or donee of a trust].


Ceteris paribus 

 

[Latin all things being equal or unchanged.]


Champerty 

 

When a person agrees to finance someone else's lawsuit in exchange for a portion of the judicial award.


Charterparty 

 

[carta partita, a deed cut in two] A written agreement by which a ship owner lets an entire ship, or part of it, to the charterer.  The charterer agrees to convey goods to a particular place.

 

 

 

Principally, the agreement stipulates places of loading and delivery and how the freight is to be paid for. In addition, it includes details of lay days, and demurrage.  The test is: has the owner parted with the whole possession and control of the ship?


Chaste 

 

A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins.


Chattel 

 

A chattel is any property except freehold land. Moveable items of property that are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property.

 

 

 

A piano is chattel but a flat, a tree or a concrete building foundation are not. The opposite of chattel is real property, which includes lands or buildings. All property, which is not real property, is said to be chattel.

 

 

 

"Personal property" or "personalty" are other words sometimes used to describe the concept of chattel. The word "chattel" came from the feudal era when "cattle" was the most valuable property besides land


Chattel mortgage 

 

When an interest is given on moveable property other than real property (in which case it is usually a "mortgage"), in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed.


Chattels personal

 

These are tangible goods (goods that can be touched) such as furniture, clothes, watches and so on.


Chattels real

 

This is another name for leasehold land.


Cheque 

 

A form of bill of exchange where the order to pay is given to a bank which is holding the payor's money.


Chose in action (pronounced "shows in action")

 

Rights of property in intangible things or which are not in one's possession, enforceable through legal or court action.

 

 

 

Examples may include salaries, debts, insurance claims, shares in companies and pensions. 

 

 

 

An intangible asset such as a claim to money as where A owes money to B. In such a case, the debt is a chose in action. Other forms of property are also included such as copyright in a book and a potential claim on an insurance policy. In essence, a chose in action is a piece of property, which the owner has the right to recover by court action if it is withheld.

 

 

 

The financial entitlement is often represented by a cheque. In an A.P. Herbert story the fictitious character Albert Haddock wrote a cheque to the Inland Revenue on the side of a cow, and led the cow to the tax offices. Missing the joke, an American paper The Memphis Press-Scimitar published the case of "the negotiable cow" as true, since when the myth of this being a real case has often been repeated.


Circumstantial evidence 

 

Evidence that may allow a judge or jury to deduce a certain fact from other facts that have been proven. In some cases, there can be some evidence that cannot be proven directly as with an eyewitness, yet, that evidence may be essential to prove a case.

 

 

 

In these cases, the lawyer will provide the judge or jury with evidence of the circumstances from which a jury or judge can logically deduct, or reasonably infer, the fact that cannot be proven directly; it is proven by the evidence of the circumstances; hence, "circumstantial" evidence.