Chapter 1

When a decision has been reached by a court, the losing party usually has the right to ask that the matter be re-considered by a higher court. For example, a decision of the Court of Appeal may be appealed to the House of Lords. The right to appeal is only given on grounds specified by the court and these will usually be restricted to matters of law.

A draft piece of primary legislation as it goes through the stages of becoming an Act of Parliament.

The body of law dealing with non-criminal matters, such as the rights of individuals.

The body of law which has evolved from decisions of the courts, rather than deriving from Acts of Parliament. Common law development is associated with the doctrine of judicial precedent.

The Court of Appeal has both civil and criminal divisions and hears appeals in these areas. It is second only to the House of Lords in the hierarchy of English courts. It sits in the Royal Courts of Justice in London.

The body of law that deals with and punishes offenders who have committed a crime.

The person in civil law defending a claim, or the person being tried for an offence in criminal law. In criminal law, the term ‘accused’ is sometimes preferred over ‘defendant’.

The body of law that developed originally through the Courts of Chancery. It is separate from the common law, although the administration of both has now been combined. Some concepts, such as the trust, are only recognised in equity. The Judicature Acts provided that if equity and the common law conflict, equity will prevail.

Parliamentary chamber, referred to as the Upper House. It is the highest appellate court in England and Wales until it was replaced by the Supreme Court in 2009.

A person appointed by the Crown whose role, in all legal cases, is to manage the case and to ensure that the evidence is properly admitted and the legal arguments are heard. The role of the judge differs according to the type of case being tried or appeal being heard.

The decision of a judge, which usually sets out his or her legal reasoning. If more than one judge is sitting, there may be a number of judgments.

A popular term used to describe someone who practices law, It usually refers to a solicitor or a barrister, but could also include anyone who is involved in the legal profession.

Any form of written law. In the English legal system, it can be divided into primary legislation, in the form of Acts of Parliament (statute law), and secondary legislation, in the form of delegated legislation (mainly statutory instruments).

Where primary legislation is made in the English legal system. It is the institution that represents the legislature in the constitution. Parliament consists of two chambers: the House of Commons and the House of Lords.

Law relating to the relationships between private individuals, rather than an individual and the State: for example, contract law, the law of torts, property law and family law.

Law relating to the functions of the State, and the relationship between an individual and the State, rather than between private individuals. For example, constitutional law and administrative law.

Another term for an Act of Parliament.