3 7 A B C D E F G H I J K L M N O P Q R S T U V W

Burden of proof

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Burden of proof: A rule of evidence that requires a party to a court action to prove something, otherwise the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilty beyond a reasonable doubt (because of the presumption of innocence).


Case law

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Case law: Published court decisions which establish legal precedents, binding lower courts.


Caveat

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Caveat: (Latin: let him beware.) A formal warning. Caveat emptor (let the buyer beware) is a warning to buyers to check for themselves things which they intend to buy, so they cannot later hold the vendor responsible for the faulty condition of the item. The Sale of Goods and Supply of Services Act 1980 extends the rights of consumers in this area.


Certiorari

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Certiorari: Form of judicial review whereby a court is asked to set aside the decision of an administrative tribunal, judicial officer or public organisation. Certiorari may be used where the decision of the lower tribunal was made in breach of the rules of natural justice. An application for certiorari must normally be made within six months of the decision.


Chambers

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Chambers: Judge”s personal rooms, where he may hear matters in private.


Change of Use

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Planning permission is required for the “material change of use” of a property. This is a change of the main use of a property, not ancillary uses, e.g. if a shop choses to change part of its customer area to an area where goods to be sold will be stored that is a change of ancillary uses. The Use Classes Order (see the entry below for this) specifies various categories of use and planning permission is not required to change the use of a property from one use to another in the same use class.