Page 365 - Law and the Media

Law and the Media
Libel Defamation in writing or some other permanent form such as a tape or video
recording. Defamation in radio and television broadcasts and computer-generated
transmissions is defined by statute as libel.
Limitation period The time period prescribed by statute within which a person must bring
his claim.
Magistrates’ court The most junior and most numerous of the criminal courts. Magistrates
deal with summary and triable either way criminal offences. Most magistrates are lay
persons with no legal qualifications. Magistrates also hear family cases in civil
proceedings.
Mens rea The mental element of a crime – ‘a guilty mind’.
Obiter dictum The opinion of a judge not forming part of his decision.
Passing off The law that prevents a person representing the marks, packaging or other
features of goods of another as his own.
Patent The legally registered and enforceable grant to an inventor of a scientific
development of the sole right to make, use or sell his invention for a certain period.
Pre-action protocols Regulations contained in the Civil Procedure Rules which outline the
steps each party should take to seek information from and provide information to the
other about a prospective legal claim.
Precedents Judicial decisions that act as authorities for the purpose of deciding later
cases.
Public domain The circumstances in which copyright in a work has expired and anyone
is free to deal with the work as they choose without the need to pay a licence fee or
obtain permission from the owner.
Ratio decidendi The legal reasoning behind a judge’s decision.
Recognizance The monetary bond entered into before the court by which a person binds
himself to do a certain thing, usually to turn up for his trial.
Re-examination The final phase of a witness’s examination in court, in other words the re-
questioning by the lawyer who called him into the witness box. Re-examination may
only deal with matters that arose during cross examination. Leading questions may not
be asked.
Remission of sentence The part of a sentence of imprisonment from which a prisoner is
automatically released from serving unless he is of bad behaviour.
Residence order An order of the court allowing a person to have a child live with him,
previously called custody.
Slander Spoken defamation or defamatory language in some other temporary form.
Standard of proof The satisfaction of the court, through evidence, of a matter of fact or
state of mind. In civil cases, a fact can be held established if the evidence renders it
more probable than not. In criminal cases, a fact can be held established if the evidence
satisfies beyond a reasonable doubt. See also burden of proof.
Statute The body of principles of rules and law laid down as a result of Parliamentary
legislation, as opposed to common law.
Subpoena An order by the court requiring a person to come before it at a stated time and
place and ordering that he will be subject to a penalty if he does not comply. Now
known as a ‘witness summons’ under the Civil Procedure Rules.
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