LPAB Diploma in Law key terms

The external physical element of a crime, comprising the conduct, circumstances and consequences prohibited by law, and excluding the mental state of the accused.

The mental element of an offence, such as intention, knowledge, recklessness or negligence, which the prosecution must prove the accused held at the relevant time.

The requirement that an accused's conduct be a conscious exercise of will, so that acts performed while unconscious or in automatism fall outside the criminal law's reach.

A defence where the accused acted without conscious volition due to an external cause, negating the voluntariness of the conduct rather than establishing a mental illness.

A standard of fault requiring conduct falling so far short of the standard of care a reasonable person would exercise that it merits criminal punishment.

The common law presumption that a child under the minimum age for criminal responsibility cannot be guilty of an offence, rebuttable only by proof of sufficient understanding.

A court's discretion to refuse evidence obtained unlawfully or unfairly where its probative value is outweighed by the undesirability of admitting evidence obtained in that manner.

A preliminary hearing conducted within a trial, in the absence of the jury, to determine the admissibility of evidence or the competence of a witness.

An out-of-court representation made by a person, tendered to prove the truth of what it asserts, which is generally inadmissible unless a recognised exception applies.

The obligation of a party to prove a fact or issue to the required standard, resting on the prosecution in criminal matters and generally on the party asserting a claim in civil matters.

The degree of persuasion required to discharge the burden of proof, being beyond reasonable doubt in criminal cases and on the balance of probabilities in civil cases.

A tort established where the defendant owes the plaintiff a duty of care, breaches that duty by falling below the standard of a reasonable person, and thereby causes damage.

A legal obligation to take reasonable care to avoid foreseeable harm to another, determined by established categories or a salient-features assessment of foreseeability and relationship.

The link between the defendant's breach and the plaintiff's harm, assessed by asking whether the harm would have occurred but for the breach and whether the breach materially contributed.

The limit on liability confining recovery to harm of a kind reasonably foreseeable as a possible consequence of the defendant's breach, however unlikely or extensive.

Strict liability imposed on one party for the wrongful acts of another, typically an employer for an employee's torts committed in the course of employment.

A clear expression of willingness to be bound on stated terms, made with the intention that acceptance will create a binding agreement immediately upon acceptance.

Unqualified assent to all the terms of an offer, communicated to the offeror, which completes the agreement and must correspond exactly with the offer made.

Something of value given in exchange for a promise, which must be bargained for and move from the promisee, though it need not be adequate in value.

The requirement that parties objectively intend their agreement to have legal consequences, presumed in commercial dealings but not in domestic or social arrangements.

An equitable doctrine preventing a party from resiling from a clear assumption or promise relied upon by another, where unconscionable detriment would otherwise result.

An obligation of loyalty owed by a person entrusted with another's interests, requiring the avoidance of conflicts and the non-exploitation of position for personal gain.

An equitable ground for setting aside a transaction where one party's influence over another was exercised unconscionably, or is presumed from a relationship of trust and confidence.

A trust imposed by law, irrespective of intention, to prevent a person retaining a benefit obtained in circumstances where it would be unconscionable to do so.

A system of land registration under which title is recorded on a public register and, subject to statutory exceptions, a registered proprietor holds indefeasible title upon registration.

The principle that a registered proprietor's title is conclusive and immune from challenge except through statutory exceptions such as fraud, prior interests or overriding statutory rights.

A statutory notice lodged on a land register by a person claiming an interest, which prevents registration of inconsistent dealings until the claim is resolved or withdrawn.

A right annexed to one parcel of land to use or restrain the use of another parcel, which must accommodate the dominant land and cannot amount to exclusive possession.

A decision-maker's failure to comply with a condition limiting the lawful exercise of power, rendering the decision liable to be set aside on judicial review.

The obligation of a decision-maker to afford a fair hearing and an unbiased adjudicator before affecting a person's rights or interests adversely.

Beyond the power conferred by statute or constitution, describing action taken without lawful authority and therefore invalid and of no legal effect.

A doctrine derived from the structure of the Constitution, such as the implied freedom of political communication, inferred without express textual statement.

The constitutional allocation of legislative, executive and judicial functions to distinct branches, preventing any one branch from exercising another's core functions.

The legal basis of a claim, comprising the facts and legal elements that entitle a plaintiff to relief against a defendant and which must be pleaded.

A formal written statement of a party's case setting out material facts relied upon, which defines the issues in dispute and confines the evidence at trial.

The pre-trial process by which parties disclose and exchange documents relevant to the issues in dispute, including documents adverse to their own case.

The statutory time within which proceedings must be commenced after a cause of action accrues, failing which the claim becomes statute-barred.

A situation where a legal practitioner's personal, financial or other interest, or duty to another client, may compromise the independent discharge of obligations to a client.

The client's right to withhold confidential communications with a legal adviser made for the dominant purpose of obtaining or giving legal advice or for litigation.

The separation between a company and its members, so that members are generally not liable for company debts and the company's acts are its own.

Statutory and general law obligations of care, diligence, good faith and avoidance of conflicts owed by company officers to the company they serve.

Liability imposed on directors who allow a company to incur debts while there are reasonable grounds to suspect it is unable to pay them as they fall due.

The legal principle or reasoning essential to a court's decision, which binds lower courts in the same hierarchy when materially identical facts arise.

A statement of law in a judgment that is not essential to the decision, which is persuasive but not binding on later courts.

The doctrine that courts follow earlier decisions of superior courts in the same hierarchy, promoting certainty and consistency in the application of law.