ENGLISH LAW TERMS

 

Judicial decision = Yargı kararları

 

Legislative decision = Yasama işlemleri

 

Verdict = Hüküm

 

Capable of being brought before a court = Hakimin önüne getirilmesi

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Procedural law = Usul hukuku

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Penal law, criminal law  = Ceza hukuku

 

Hüküm = Provision

 

Precedent =İçtihat

 

Statute = Kanun

 

Presiding judge = Davaya bakan hakim

 

Matter = Esas

 

Penalty clause = Cezai kayıt

 

Owner = Sahip

 

Substantial completion = Geçici kabul

 

Liquidate = Tasfiye, kapatmak

 

Non-fulfillment = Yerine getirmemek

 

Termination = Sonlandırma

 

In addition = Ek olarak

 

Compensation = Tazminat

 

Regulation = Yönetmelik

 

In force = Yürürlükte olmak

 

Compete = Rekabet

 

Fee = Ücret

 

Purpose = Amaç

 

To containe = İçermek

 

Notwithstanding = rağmen

 

To maintain = Sürekliliği olmak

 

Duly = usulüne uygun

 

In no event = hiçbir durumda

 

Bonus = prim

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The rate in force = geçerli olan

 

Commision = komisyon

 

Notice period = bildirim süresi

 

Given notice = ihbar etmek

 

Liquidate = tasfiye

 

Contractor = yüklenici

 

Contifidentiality clause = gizlilik kaydı

 

Indemnity clause = sorumsuzluk kaydı

 

Legal capacity = hak ehliyeti

 

Transaction = işlem

 

Right in rem = ayni hak

 

Immovable = taşınmaz

 

Acquire = kazanmak

 

Investigation = soruşturma

 

Nevertheless = buna rağmen

 

Public interest = kamu yararı

 

As regards = bununla ilgili olarak

 

Specific evidens = kesin delil

 

Deduction = çıkarım

 

Sign = işaret

 

Opposition division = itiraz kurulu

 

İssue = yayınlamak

 

Non-enforcement = icra kabiliyeti olmayan

 

Victim = mağdur

 

Amounted = yol açtığı

 

Submitted = ileri sürmek

 

Permit = izin

 

Accordingly = bu duruma göre

 

Consequences = getirdiği sonuçlar

 

Leading = yol açmak

 

Not be regarded = kabul edilemez

 

Reiterate = yinelemek

 

Substantiate = gerekçelendirmek

 

Interference = müdahale

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Containing = tedbir

 

Having regard to= göz önüne almak

 

The margin of appreciation = taktir yetkisi

 

Relevant = ilgili

 

Curbing = engellemek

 

Content = içerik

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To file= dosyalamak, dava açmak

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To classify = saklamak

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Amendment = değişiklik

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As amended on = değişiklik..

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To exercise = kullanmak

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Public order  = kamu düzeni

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Public safety = kamu güvenliği

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Characteristic = nitelik

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Disclusing = açıklanmamak

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Use the right = hakların kullanılması

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Exercise the freedom = özgürlüklerin kullanlması

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Solely = yalnızca, sadece

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Principle of proportionality = ölçülülük ilkesi

 

Heritage = miras

 

Deceased = ölen

 

Govern = tabi olmak

 

Estate = tereke

 

Testamentary disposition = ölüme bağlı tasarruf

 

Arising from = doğan

 

Express = açık

 

Evident = apaçık

 

İmplied = zımni

 

Circumstances = halin şartları

 

Connected = bağlantılı

 

Notwithstanding = meğer ki

 

Without prejudice to = saklı kalmak kaydıyla

 

Tort = haksız fiil

 

Imperative provisions = emredici hükümler

 

Upon = .. üzerine

 

Persuade = ikna etmek

 

Employment contract = iş sözleşmeleri

 

Form of the state = devletin şekli

 

Unity = bütünlük

 

Irrevicable = değiştirilemeyecek

 

Sovereignty = egemenlik

 

Executive power = yürütme yetkisi

 

Equality before the law = kanun önünde eşitlik

 

Binding force = bağlayıcılık

 

Supremacy = üstünlük

 

Restriction = sınırlama

 

Abuse = kötüye kullanma

 

Suspension = askıya alma

 

Corporeal and spiritual existence = maddi manevi varlık

 

Forced labour = zorla çalıştırma

 

Immunity of domicile = konut dokunulmazlığı

 

Conscience = vicdan

 

Opinion = kanaat

 

Dissemination = yayma

 

Non-Periodical = süresiz

 

Printing facilities = basın araçları

 

Right to use = yararlanma hakkı

 

Rectification = düzeltme

 

Esembly = toplantı

 

Demonstration marches = gösteri yürüyüşü

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Property = mülkiyet

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Principle of natural judge = doğal hakim ilkesi

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Minor = çocuk, azınlık

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Expropriation = kamulaştırma

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Union = sendika

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Collective laber agreement = toplu iş sözleşmesi

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Right to strike = grev hakkı

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Fair wage = ücrette adalet

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Provide, guarantee  = sağlamak

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Hausing = konut

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Development = gelişme

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Assets = varlık

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Right to vote = seçme hakkı

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To be elected = seçilme

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To engage = faaliyette bulunma

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Forming party = parti kurma

 

Petition = dilekçe

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Decleration = bildirim

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Appeal = başvurma

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Ombudsman = kamu denetçisi

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Deferment = geriye bırakma

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By-election = ara verme

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Oath = and, yemin

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Oath-taking = andiçme

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Immunity = dokunulmazlık

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Loss = düşme

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Pronulgation = yayımlanma

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Ratification = uygun bulma

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Decree having the force

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Of the law = KHK

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Recess = tatil

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Quorum = yeter sayısı

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Censure = gensoru

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Enforcement = yürütme

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Act in for = vekillik etmek

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Provisional = geçici

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Renewal = yenilenme

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Extraordinary administration procedures = olağanüstü yönetim halleri

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Natural disaster = doğal afet

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Emergency = olağanüstü hal

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Widespread = yaygınlaşma

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Martial law = sıkıyönetim

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Mobilization = seferberlik

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Public legal personality = kamu tüzel kişiliği

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Judicial remedy = yargı yolu

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Proceeding = kovuşturma

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Prosecutor = savcı

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Publicity of hearings = duruşmanın açıklığı

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Hearing = duruşma

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Interim verdict = ara karar

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Abrogated = mülga

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Annulment action = iptal davası

 

Bringing an action = dava açma

 

Council of state = danıştay

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1. Supreme Court: the highest court in the UK, the Supreme Court is the final court of appeal for both civil cases in the UK, and for criminal cases in England, Wales and Northern Ireland.

2. Law Lords:  a member of the British House of Lords who by appointment as a lord of appeal in ordinary or as lord chancellor or by possession of eminent legal experience usually obtained by having held high judicial office is qualified to participate in the proceedings of the House as a court of last resort

3. Court of Appeals: a court hearing appeals from the decisions of lower courts

4. High Court: English court of first instance for most simple cases. That has three divisions called: • Queen's Bench Division; • Chancery Division; and • Family Division.

5. Queen’s Bench: part of the High Court. Its main function is to deal with civil cases.

6. Chancery Court

7. Crown Court: the court where people indicted of criminal offences are tried.

8. Magistrate’s Court: police court. a court that has minor civil and criminal jurisdiction

9. Committal

10. De facto or unwritten constitution: a constitution not embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions

11. Constitutional monarchy: a system of government in which a country is ruled by a king and queen whose power is limited by a constitution

12. Royal prerogative; choice=prerogative. Powers of queen exercised by prime minister. Exp. Appointment of bishops of church of england.

13. Parliamentary sovereignity: Powers comes from people, people elect parliament, parliement performs.

14. Magna Carta: a document constituting a fundamental guarantee of rights and privileges. a charter of liberties to which the English barons forced King John to give his assent in June 1215 at Runnymede. Start of rule of law.

15. Habeas Corpus: any of several common-law writs issued to bring a party before a court or judge. the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment. Procedure to contest your detention. Second chance of criminal to appeal. Challenge being held.

16. Bill of Rights: a document containing a formal statement of rights a patients' bill of rights; specifically : a summary of fundamental rights and privileges guaranteed to a people against violation by the state —used especially of the first 10 amendments to the U.S. Constitution. List of right people have.

17. Parliamentary Acts: 2 acts. 1911 and 1949. Construted or interpreted together the main issue is that they establish the premicy of house of commons over the house of lords. Why? Bec. People elected the house of commons.

18. Not proven: used as a verdict of acquittal brought in by a jury who find the evidence insufficient for conviction of guilt. From Scotland.

19. Either way offense: fenolyor misteminor. Up to the mecestrate in the mecestrate court’s. İf he decides prosecutor does felony he does the committal to the crown court.

20. Actus reus: the wrongful act that makes up the physical action of a crime. Bad act. Part of crime.

21. Mens rea: the intent to commit a crime and also the knowledge that an act is wrong. (This term is Latin.) bad thought-intend. Part of crime.

22. Perverting the course of justice: to try to stop the police from learning the facts about a criminal case. To treathen of intimitade a witness or bribe judge, interfere with evidence etc.

23. Causing a public nuisance: sth. Publicly Disturbs people.

24. Escheat: a  the reversion of lands in English feudal law to the lord of the fee when there are no heirs capable of inheriting under the original grant. b : the reversion of property to the crown in England or to the state in the U.S. when there are no legal heirs

25. Criminal damage: the criminal offence of causing damage to someone else's property either recklessly or intentionally. Damage machinery with intend.

26. Breach of the peace: when harm is done to someone, or harm is threatened. Distubtion of peace.

27. Aiding/abetting: helping someone to commit a crime. Before or after.

28. Principle: the person who got help. (the main person committing crime)

29. Accomplice: someone who helps another person to commit a crime.

30. Counseling: To encourage people doing illegal act.

31. Procuring:

32. Conspiracy: an agreement by two or more people to commit • a crime; or • some people acting together and harming a third party.

33. Insanity: unsoundness of mind or lack of the ability to understand that prevents one from having the mental capacity required by law to enter into a particular relationship, status, or transaction or that releases one from criminal or civil responsibility. Defence for crime. Not able to form the intend required.

34. Consideration: the price you pay for something. Value of sth. In a contract.

35. Estoppel: a rule of law that a person cannot deny something they previously said, if someone else acted on what was said and their position was changed, possibly for the worse, as a result.

36. Speculative Damages: possible damages (such as loss of anticipated profits depending on contingencies) not recoverable at law for lack of reasonable proof thereof : conjectural or contingent damages. You have to show a Reasonable standard that you can prove what your loss is were. If not they would be called speculative damages. Speculative means guessing.

37. Liquidated Damages: damages agreed beforehand by the parties to a contract in case one of them should later break the terms of the contract.

38. Quantum meruit: in the amount earned. a claim or count grounded on an implied contract that the defendant would pay the plaintiff as much as deserved for services or materials provided; specifically : a count in a common-law action for assumpsit claiming payment of the value of labor provided. a theory or doctrine that permits recovery by a party for services or materials provided despite the absence of an express contract when they were accepted and used by the defendant under circumstances which gave reasonable notice that the plaintiff expected to be paid for them.

39. Third party: of, relating to, or involving a third party. Benefits from contract but not a party.

40. Company limited by shares: same as most joint stock corporations. Normal form of corporate structure in UK.

41. Company limited by guarantee: different way of non profit organization where people by shares is guarantee in case the entity needs any kind of Money.

42. Charter Corporation: old term for corporations formed under royal charter. Like Bank of England.

43. Matrimony: the state of being married. Marriage.

44. Residence order: an order which a court issues when it has decided where a child should live, setting out details of the court's decision.

45. Coroner: a person who investigates the cause of death when a person has suffered a sudden, violent or suspicious death. Doctor.

46. Inquest: a : a judicial or official inquiry or examination, hearing especially before a jury b : a body of people (such as a jury) assembled to hold such an inquiry c : the finding of the jury upon such inquiry or the document recording it

47. Contributory negligence: negligence on the part of a plaintiff that contributed to the injury at issue. a now largely abolished doctrine in tort law: negligence on the part of a plaintiff that contributed to the injury at issue will bar recovery from the defendant; also : an affirmative defense based on this doctrine

48. Eminent domain: a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction.

49. Asylum: safe place. an inviolable place of refuge and protection giving shelter to criminals and debtors. protection from arrest and extradition given especially to political refugees by a nation or by an embassy or other agency enjoying freedom from what is required by law for most people.

50. Lex soli: if you are born in the territory of the country you are citizen.

51. Lex sanguinis: if your parents have citizenship you have too. Blood relation.

52. Naturalization: to become established as if native. to confer the rights of a national on; especially : to admit to citizenship. After birth change of citizenship.

53. Refugees: one that flees; especially : a person who flees to a foreign country- passes the border or power to escape danger or persecution.

54. Persecution: the act or practice of persecuting especially those who differ in origin, religion, or social outlook.  the condition of being persecuted, harassed, or annoyed. Unfair discrimination.

55. Fair Dismissal: you can work at will but for you to be discharged there must be fair conditions which means that you have power to challange it, has to be based on fact can’t be sth. Made up.

56. Redundancy: being dismissed from a job because it no longer exists.

57. Protected class: a group of people intended by a legislature to benefit from the protection of a statute. Like workers who have disability or race, age, gender etc. You cannot be dismissed for these reasons.

58. Industrial action: a temporary action (such as a slowdown) by workers as a protest and means of forcing compliance with demands.

59. Fee simple: when you have property, you have a rgiht to use it, right to sell it, to distroy it, change it. These are all called bundle of rights. So fee simple means that having all those rights together. Total ownership.

60. Life estate: an estate in property held only during or measured in duration by the lifetime of a specified individual and especially the individual enjoying the property.

61. Leasehold: an option. when you purchased a property you have an option to use that property or lease it. property held by a tenant with a lease.

62. Nervous shock: a secondary victim observes a loved one being victim even through the tort, negligence or sth. Like that cannot recover.

63. Secondary victim: But the secondary victim normally has to be there and see the accident occur.

64. Malfeasance: poor performance.

65. Libel: a false statement made in writing or in some other permanent record.  

66. Slander: saying something untrue about a person or doing something, such as making a gesture, which damages their reputation.

67. Res ipsa loquiter: method of proving a tort. The thing speaks for itself. Example: pilot, doctors etc. We don’t know who did the mistake but we know who is incharge.

68. Abode: residence. Where you live for a longer term.

69. Occupier’s liability: responsibility of a bussiness owner has he/she invites people on to their property for bussiness. And some sort of danger to them and they get hurt it is a form of negligence.

70. Assumption of the risk: a defence in a tort case where by the defendant argues that the plaintiff the victim actually assume responsibility fot this, knew that they are entering in a dangerous situation and agreed to go there.

71. Proximity: being related to things like the secondary victim and negligence is that the danger or the tortious act has to be related to the victim of time in special proximity. Like wrong place at the wrong time etc.

72. Police Powers: the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited.