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Cabinet                 common law

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.

Fingerprints are an example of circumstantial evidence: while there may be no witness to a person's presence in a certain place, or contact with a certain object, the scientific evidence of someone's fingerprints is persuasive proof of a person's presence or contact with an object.

Citation 

1. The calling on a person who is not a party to an action or proceedings to appear before the court.

2.  The quoting of decided cases during legal argument, as authorities.  

3.  In the USA an order of a court to either do a certain thing or to appear before it to answer charges. The citation (in UK a summons) is typically used for lesser offences (such as traffic offences) because it relies on the good faith of the defendant to appear as requested, as opposed to an arrest or bail.

Civil law 

Law inspired by old Roman Law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws, which apply to them and which judges, must follow

Civil restraint order

Formerly a Grepe v Loam order, used to prevent further actions by a 'vexatious litigant.

A civil restraint order may be made at any level of court and by any level of judge. In its simple form it is only apt to prohibit the issue of further applications within a single set of proceedings without the permission of a judge.

A civil restraint order is likely to be appropriate when the litigant’s conduct has the hallmark of one who is content to indulge in a course of conduct which evidences an obsessive resort to litigation and a disregard of the need to have reasonable grounds for making an application to the court.

Normally, a civil restraint order would not be made until after the litigant has made a number of applications in a single set of proceedings all of which have been dismissed because they were totally devoid of merit. 

Created in the judgment of Bhamjee v Forsdick [2003].

Clandestine 

Something that is purposely kept from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose. A "clandestine marriage" would be one that does not comply with laws related to publicity.

Class action

When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties.

Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit.  Recent class actions have occurred against tobacco companies

Clayton's Case 

The case, which established a presumption that monies withdrawn from a money account are presumed to be debits from those monies first, deposited. First in, first out. The proper citation is Devaynes v Noble (1816) and the presumption is not applicable to fiduciaries, who are presumed to withdraw their own money first, and not trust money

Clean hands

A maxim of equity to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct.  "He who comes to equity must come with clean hands".

Client-solicitor privilege 

A right that belongs to the client of a lawyer that the latter keep any information or words spoken to him during the provision of the legal services to that client, strictly confidential.

This includes being shielded from testimony before a court of law. The client may, expressly or impliedly, waive the privilege and, exceptionally, it may also be waived by the lawyer if the disclosure of the information may prevent a serious crime.

Codecision procedure

Since the Amsterdam Treaty came into force, the simplified codecision procedure under art 251 (ex art 189b) of the EC Treaty has applied to 39 legal bases in the EC Treaty that allow for the adoption of legislative acts.  It may therefore be considered a standard legislative procedure.

It puts Parliament, in principle, on an equal footing with the Council. If they agree the act is adopted at first reading; if they do not agree the proposal undergoes a second reading; if the second reading is unsuccessful the act can only be adopted after successful conciliation; see also Consultation Procedure; Cooperation Procedure and Conciliation Committee.

Codicil 

An amendment to an existing will. Does not mean that the will is totally changed; just to the extent of the codicil. The codicil must be signed by the testator and the signature must be witnessed by two people who do not benefit under the will.

Codification

In most countries whole areas of law are contained in a single code rather than, as in England and Wales, being divided between the common law, which is derived from decisions of judges over the centuries, and statute law enacted by Parliament.

Coke, Sir Edward

Sir  Edward Coke was born February 1, 1551, called to the Bar by the Inner Temple in 1578, became Recorder of London, 1591-92, Solicitor- General, 1592, member and speaker the House of Commons, 1593, Attorney-General, 1594, was knighted on the accession of James I, made Chief Justice of the Common Pleas, 1606, of the King’s Bench, 1613, from which he was removed in 1616 and committed to the Tower in consequence of resistance to the king and the Court of Chancery; he was again returned Parliament in 1621, and died on September 3, 1633.

Coke, as a champion of the common law was bitterly hostile to the courts of equity, and the controversy between Coke and Lord Ellesmere, the Chancellor, was acute. He stood up to James I on the question of interfering with the judges, and also protested against capital punishment - ‘the cursed gallows tree’ - frequently in use in his day for the most trivial of offences.

His principal works are the Institutes of the Laws of England; commentary on many Acts of Parliament; and an account of various courts; thirteen volumes of law reports; and a volume of law tracts

Although he was a famous text-writer and reporter among English lawyers, one of his characteristics was said by Sir James Stephen to be an ‘utter incapacity for anything like correct language or consecutive thought.’  Lord Campbell, however, wrote in the nineteenth century that his works ‘may be studied with advantage, not only by lawyers, but by all who wish to be well acquainted with the…manners and customs prevailing in England in times gone by’.

Collateral 

[by the side of] As in collateral insurance, agreement, which is independent of, but subordinate to, the main agreement, but affecting the same subject matter.  Property that has been committed to guarantee a loan.  Sometimes collateral contracts.

Collateral descendant 

A descendant that is not direct, such as a niece or a cousin.

Collateral source rule 

A rule of tort law which holds that the tortfeasor is not allowed to deduct from the amount he or she would be held to pay to the victim of the tort, any goods, services or money received by that victim from other "collateral" sources as a result of the tort (e.g.. insurance benefits

Collusion 

A secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a third party. For example, if the partners in a marriage agree to lie about the duration of their separation in order to secure a divorce.

Comfort letter

Letter from an EU official stating that the European Commission intends to close the file on a case involving a possible breach of the competition rules.

Commission 

A formal group of experts brought together on a regular or ad hoc basis to debate matters within that sphere of expertise, and with regulatory or quasi judicial powers such as the ability to license activity in the sphere of activity or to sub poena witnesses.

Commissions usually also have advisory powers to government, for example the Law Commission. The organisational form of a commission is often resorted to by governments to investigate exhaustively a matter of national concern, and is often known as a "commission of inquiry."

This legal structure can be contrasted with a council, the latter not enjoying quasi-judicial or regulatory powers

Committal hearing 

A procedure in the magistrates’ court where, in either way cases, the defendant is committed to stand his or her trial in the Crown Court, provided the court is satisfied on the evidence that the defendant has a case to answer.

Committee 

A term of parliamentary law that refers to a body of one or more persons appointed by a larger assembly or society, to consider, investigate and/or take action on certain specific matters.  A committee only has those powers that have been assigned to it by the constituent assembly.

Most are merely created to study matters in detail and to then report to the larger group. This saves the larger assembly time when it meets and allows it to review and approve a greater number of items, relying on the committee's report and recommendations. Committees are either standing or ad hoc (this latter kind is also known as a "special committee). 

The committee stage of a bill through parliament.

Common law 

Judge-made law or 'case law'. Has its origins in the reign of Henry II.

A body of legal rules and principles contained in the decisions of the judges, particularly judges in the higher courts in the hierarchy. 

Judges develop rules and principles in cases coming before them, therefore these are practical in nature and not hypothetical rulings. 

Common Law can be identified by legal precedents some dating back hundreds of years.  For example, murder is an offence created by common law.  Judges apply rules and principles found in precedents, or they create a precedent to apply to a difficult or novel problem in cases before them. 

Common law is so called because of the gradual change, during the Middle Ages, from separate systems of local customary law in various regions to a uniform legal code common the entire country.  What developed were powerful central courts spreading their tentacles to all the regions.

Common law is to be contrasted with Parliamentary law which is produced by politicians and civil servants through Parliament and by delegated powers.

Where Parliamentary law and common law conflict Parliamentary law prevails.

Common law is to be contrasted with civil law or Roman Law which are typified by written codes.

Common law is to be contrasted with Equity which developed to soften the rigid judgments of medieval common law judges.

The rise of Equity was spurred by the need to obtain a writ (claim form) 500 years ago which was accompanied by bureaucratic complications and cases were lost because of minor technical defects.

Furthermore, the only remedy at common law was damages (money compensation) and there was no remedy for breach of contract.

A further development of Equity was to allow the transfer of property through trusts.

For several hundred years, there were separate courts for common law and for equity.

Where Equity and Law conflict Equity prevails.

Common Law offences include murder and kidnapping.

Common share 

The basic share in a company. Typically, common shares have voting rights and a prorata right to any dividends declared. They differ from preferred shares, which, by definition, carry some kind of right or privilege above the common shares (e.g. first to receive any dividends).

Company 

A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organisation, which can then focus on pursing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

Also known as a "corporation." The primary advantage of a company structure is that it provides the shareholders with a right to participate in the profits (by dividends) without any personal liability (the company absorbs the entire liability of the business).

Comparative negligence (see Contributory negligence below) 

A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage

Condition precedent 

A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.

Many house purchase contracts have a condition precedent that states that the contract is not binding until and unless the property is subjected to a surveyor's inspection, the results of which are satisfactory to the purchaser. Compare with "condition subsequent."

Condition subsequent 

A condition in a contract that causes the contract to become invalid if a certain event occurs e.g. marriage, a Royal event etc.

This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract that is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs

Conditional Fee Agreement (CFA)

Usually referred to as a 'no win no fee' arrangment.

A Conditional Fee Agreement (CFA) is a type of arrangement whereby payment to the solicitor is dependent upon the result of the proceedings, and is permitted (in certain instances) by Section 58 of the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 1998.

Under a CFA, a solicitor can charge his client his usual hourly rate (charge out rate), plus an uplift (or "success fee"), if he pursues his clients' case successfully.

Condonation