Law & Legal Studies Vocabulary
Common law, contract, tort, and procedural terms
beginner (3 terms)
Tort
/tɔːt/
A civil wrong — other than a breach of contract — that gives rise to a claim for damages in a civil court.
Negligence
/ˈneɡlɪdʒ(ə)ns/
A tort requiring the claimant to prove a duty of care, breach of that duty, and causally attributable damage.
Jurisdiction
/ˌdʒʊərɪsˈdɪkʃ(ə)n/
The authority of a court to hear and decide a case, determined by geography, subject matter, or the parties involved.
intermediate (8 terms)
Mens Rea
/menz ˈriːə/
The mental element of a crime — the guilty mind or intention required for criminal liability.
Actus Reus
/ˈæktəs ˈriːəs/
The physical or external element of a crime — the guilty act, omission, or state of affairs required for criminal liability.
Precedent (Stare Decisis)
/ˈpresɪd(ə)nt/
The legal principle that courts are bound to follow the decisions of higher courts in the same hierarchy when the material facts are similar.
Consideration
/kənˌsɪd(ə)ˈreɪʃ(ə)n/
Something of value exchanged between parties that is essential for the formation of a legally binding contract.
Due Process
/djuː ˈprəʊses/
The legal requirement that the state must respect all legal rights owed to a person before depriving them of life, liberty, or property.
Burden of Proof
/ˈbɜːd(ə)n əv pruːf/
The obligation placed on a party to establish the truth of disputed facts to the requisite standard.
Equity
/ˈekwɪti/
A body of law developed historically by the Courts of Chancery to mitigate the rigidity of common law, often by enforcing conscience-based obligations.
Ultra Vires
/ˌʌltrə ˈvaɪriːz/
Beyond the powers — an act taken by a body that exceeds the authority conferred upon it by statute or its constitution.
advanced (4 terms)
Ratio Decidendi
/ˈreɪʃɪəʊ ˌdesɪˈdendaɪ/
The legal reason or principle underlying a court's decision — the binding element of a case that must be followed by lower courts.
Judicial Review
/dʒuːˈdɪʃ(ə)l rɪˈvjuː/
A supervisory jurisdiction of the High Court to review the lawfulness of decisions made by public bodies.
Obiter Dicta
/ˈɒbɪtə ˈdɪktə/
Remarks made by a judge that are incidental to the decision and not part of the binding ratio; persuasive but not binding on lower courts.
Locus Standi
/ˈləʊkəs ˈstændaɪ/
The right or standing to bring an action before a court; the legal capacity to be heard.