Legal English keeps a lot of Latin and a lot of precision. Most of the terms mean something narrower than they sound.
Legal vocabulary is often mocked for being obscure, but most of it exists because ordinary words are too loose. Everyday English uses intent, recklessness and carelessness almost interchangeably; a criminal court cannot, because the difference decides whether someone is convicted. Hence mens rea and actus reus — the mental element and the conduct element — which usually both have to be established. The Latin survives partly through inertia and partly because the short phrases are genuinely efficient. Prima facie, de facto and stare decisis each compress a sentence into two words that lawyers in different countries recognise. Some of the older terms are being replaced: England and Wales swapped plaintiff for claimant in 1999, and sworn affidavits have given way in many places to a simple statement of truth. The concepts underneath have not changed nearly as much as the wording.
Every question in this quiz is listed below with its correct answer and the reasoning behind it. Play first if you would rather not see the answers — or read through as a study sheet.
Play it insteadAnswer: D. The defendant's state of mind or intent
Why: It normally has to be proved alongside actus reus, the conduct element. Some offences, known as strict liability, dispense with it altogether.
Answer: C. A civil wrong for which someone can sue for compensation
Why: Negligence, defamation and trespass are all torts. The word comes from a Latin root meaning twisted.
Answer: B. The plaintiff, or claimant
Why: England and Wales replaced plaintiff with claimant in 1999, while American courts kept the older word. The party answering the claim is the defendant.
Answer: A. Attend court to give evidence or produce documents
Why: The name comes from Latin words meaning under penalty. An order to stop doing something is an injunction instead.
Answer: D. Follow the reasoning of earlier decisions on similar facts
Why: It is what gives common law systems their predictability, and higher courts bind lower ones. Courts can depart from precedent, but normally only with explicit reasoning.
Answer: C. A written statement sworn or affirmed to be true
Why: Swearing a false one can itself be an offence. Many jurisdictions now accept an unsworn statement of truth in its place.
Answer: B. A deadline after which a claim or prosecution can no longer be brought
Why: Periods differ by type of claim and are often longer, or absent altogether, for the most serious crimes. Part of the reasoning is that evidence and memory both decay.
Answer: A. Existing in fact, whether or not recognised by law
Why: Its opposite is de jure, meaning as a matter of law. A government can be one without being the other.
Answer: D. Appears strong enough on its face to require an answer
Why: If the prosecution fails to establish one, a case may be stopped before the defence is called on. The phrase means at first sight.
Answer: C. An out-of-court statement offered as proof of what it asserts
Why: It is restricted because the original speaker cannot be cross-examined on it. Numerous exceptions exist and the rules vary considerably between countries.
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