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Cabinet |
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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. |
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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. |
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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. |
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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. |
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Canon law |
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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. |
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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." |
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CAFCASS |
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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. |
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Call |
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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 |
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Capital punishment |
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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. |
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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 |
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Case law |
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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. |
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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. |
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Causation |
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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?'. |
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Causa sine qua non |
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[Latin:
without which not]. |
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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. |
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See
Sine qua non, |
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Caveat |
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[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 |
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The Centre
for Effective Dispute Resolution is the leader in the development of
neutral-assisted dispute resolution. |
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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.
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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. |
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www.cedr.com |
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Certiorari |
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[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. |
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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. |
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A prerogative order
since 1938, and since 1977 only available by way of Judicial Review |
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Cestui que
trust
or cestui que use |
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[Latin: for the
beneficiary or
donee of a
trust]. |
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Ceteris paribus |
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[Latin all things being equal or unchanged.] |
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Champerty |
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When a person agrees to finance someone else's
lawsuit in exchange for a portion of the judicial award. |
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Charterparty |
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[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. |
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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? |
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Chaste |
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A person who has never voluntarily had
sexual intercourse outside of marriage such as unmarried virgins. |
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Chattel |
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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. |
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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. |
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"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 |
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Chattel mortgage |
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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. |
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Chattels
personal |
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These are tangible goods (goods that can be
touched) such as furniture, clothes, watches and so on. |
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Chattels
real |
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This is another name for leasehold land. |
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Cheque |
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A form of
bill of exchange where the order to pay is given to a bank which is
holding the
payor's money. |
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Chose in action (pronounced "shows in action") |
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Rights of property in
intangible things or which are not in one's possession, enforceable through
legal or court action. |
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Examples may include
salaries, debts, insurance claims, shares in companies and pensions. |
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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. |
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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. |
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Circumstantial evidence |
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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. |
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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. |
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