Question 2

1. Amicus curiae
Definition: A party or an organization which is not a participant of a case but has
obtained the courts permission to file for a brief and participate in cases.
Sentence: The party that applied to be amicus curiae for the recent case is still
awaiting its approval from court, if they were to be approved, the defendants may
have a higher chance of winning because of the evidence they hold.
2. Eminent domain
Definition: A governments authority to take private property with or without the
owners permission for public purposes.
Sentence: Mr Marks inherited property was taken by the authorities under an
eminent domain for the building of a new highway thus his claims against the
action had failed.
3. Voir dire
Definition: A method used to determine if a jury may be biased and if they can
serve the courts fairly through a questioning process before trial.
Sentence: Jurors dismissed through voir dire help uphold Article 6 of the
European Convention of Human Rights- Rights to a fair trial.
4. Audi alteram partem
Definition: A principle of fundamental justice which states that a party or its
lawyers have the right to confront witnesses in his presence, each party has a
right to summon their own witness as well as other procedures that allows them
to a fair trial.
Sentence: The HRA provides that everybody would be entitled to an audi
alteram partem and that each side of the case would get a chance to defend
their case but in reality, whether or not the principle reflects practically is
debatable.
5. Malum in se
Definition: A wrong which is naturally illegal in itself because they are in violation
of the moral and natural principles of a civilized society.
Sentence: A malum in se crime may be worse off as it is a crime by nature while
malum prohibitum crimes are only a crime because the law states so and as
such, Henrys action of killing his girlfriend was more serious than him running
red lights while escaping the scene.