Glossary

Garnishee, garnishment

Glossary

In civil litigation, garnishment is the process whereby a debt, or part of a debt, owed by a third party to the defendant, can be paid directly to the claimant, in satisfaction of a judgment debt. So if person A claims money from person B and the court upholds A’s claim and orders B to Continue reading

Gavel

Glossary

A small wooden hammer-like object used in American and some international courts as an instrument of case management. Though often featured in film, TV and cartoons relating to courts and as a stock image for law stories more generally, gavels are never used in English or Welsh courtrooms. Continue reading

Headnote

Glossary

A summary, appearing at the beginning of a full text law report, encapsulating as precisely as possible the essential facts of the case (where relevant) and the principle(s) of law which it decides. In some jurisdictions it is known as a Syllabus.   Continue reading

Indictable offence

Glossary

An offence of a more serious type, which can be listed on an indictment and is usually tried in the Crown Court. The most serious offences are described as indictable-only, and must be tried in the Crown Court. Medium serious ones are described as triable ‘either-way’, and can be tried in the Magistrates Court unless Continue reading

Indictment

Glossary

A formal document, issued by the prosecution, on which the offences with which a defendant has been charged are listed before trial in a criminal court. Continue reading

Intellectual property

Glossary

Intellectual property (IP) is the description applied to those rights which relate to human creativity and inventiveness in a variety of contexts. The main IP rights are: copyright design right patents trade marks passing off Each of these is linked to its own Glossary entry. There are a number of other IP rights, mostly derived Continue reading

International Chamber of Commerce (ICC)

Glossary

The ICC is the world’s largest business organisation, representing more than 45m companies in over 100 countries. Its stated mission includes: “to promote international trade, responsible business conduct and a global approach to regulation by combining our global influence with our unique expertise in advocacy, standard setting activities and global services.” The ICC publishes standard Continue reading

Judicial activism

Glossary

Also known as judicial overreach, the perception that courts have exceeded their power to interpret and develop the common law, and are straying into an area of policy properly left to the executive and legislative branches of government under the doctrine of the separation of powers. Continue reading

Judicial Power Project

Glossary

Established as part of the centre-right think tank Policy Exchange, the Judicial Power Project aims to focus on the “proper scope of the judicial power within the constitution” and to identify issues of “judicial overreach” (the excessive exercise of judicial lawmaking power) and the usurpation of democratic parliamentary lawmaking, via legislation, by the courts, via Continue reading

Judicial review

Glossary

In public or administrative law, judicial review is a form of litigation in which the act or omission of a public authority is challenged as being unlawful because the authority did not have the requisite power in law. the authority failed to follow the proper procedure. the authority behaved so irrationally, unfairly, or disproportionally as Continue reading