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Appendix A Glossary of Legal
Terms

Actus reus The physical act, which usually in conjunction with the required mental
element, constitutes a crime.
Antecedents A person’s past history. Usually used in the context of a defendant who has
pleaded or been found guilty in a criminal court. His antecedents, in other words history,
personal circumstances and any previous convictions are read to the court prior to
sentence being passed.
Arraignment In criminal procedure, the formal process of putting the charge to the
accused in court and calling for his plea.
Arrest Detaining someone or depriving him of his liberty. An arrest can be achieved by
words alone – for example, ‘you are under arrest’.
Bail The sum put up by the accused or another person to ensure the accused’s appearance
at his trial.
Bankruptcy The circumstances in which a person is adjudged insolvent by the court and
his remaining property is administered for the benefit of his creditors.
Bind over An order placing a person under a legal obligation to the court, usually to be of
good behaviour or to keep the peace.
Burden (or onus) of proof The obligation of establishing, through evidence, a matter of
fact or state of mind to the satisfaction of the court. See also standard of proof.
Care order An order of the court placing a child or young person under the control and
guardianship of the local authority.
Cause of action A legal right that may be enforced through the courts.
Civil Procedure Rules The new rules for conducting civil litigation introduced in April
1999. Under the Rules, parties are encouraged to avoid going to court to resolve their
dispute except as a last resort.
Claimant The new term for plaintiff under the Civil Procedure Rules. Known as a
‘pursuer’ under the law of Scotland and a ‘plaintiff’ under the law of the United States
of America.
Common law The body of law derived from judicial precedents or custom, as opposed to
statute.
Constitution The written laws of the United States Constitution which, amongst other
things, grant federal law to the federal government of the union of the United States and
provide citizens with a number of ‘rights’ that limit the power of the federal and state
governments over their actions. There is no written equivalent in the law of England and
Wales.