Victorian Bar Entrance Exam flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Ratio decidendi

The legal principle or reasoning essential to a court's decision. It binds lower courts within the same hierarchy and must be distinguished from non-binding commentary in the judgment.

Obiter dicta

Statements of law in a judgment that are not necessary to the outcome. They are persuasive rather than binding and may be adopted by later courts without obligation.

Balance of probabilities

The civil standard of proof: the tribunal must be satisfied that the alleged fact is more likely than not. Serious allegations may require stronger evidence, per Briginshaw.

Actus reus

The physical or external element of an offence, comprising conduct, circumstances, and consequences. It must coincide in time with the mental element for liability.

Mens rea

The mental element of an offence, such as intention, knowledge, recklessness, or negligence. The required level is set by the statute or common law defining the offence.

Consideration

Something of value given by each party in exchange for the other's promise. It must move from the promisee but need not be adequate in value.

Ratio versus obiter

Ratio is the reasoning necessary to the result and binds lower courts; obiter is incidental commentary and is persuasive only. Misclassifying one as the other is a common error.

Restrictive clause commas

A restrictive relative clause takes no commas and identifies which thing is meant; a non-restrictive clause takes commas and adds description, so punctuation can alter legal meaning.

IRAC structure

Issue, Rule, Application, Conclusion. Each paragraph states one proposition, supports it with authority, and applies it to the facts before concluding.

Absolute qualifiers

Words such as all, must, never, and only make a statement strong. In multiple-choice comprehension, one such word can render an otherwise plausible option incorrect.

Entailment versus consistency

A statement is entailed when the passage necessarily implies it; it is merely consistent when the passage does not contradict it. Prefer entailed options in supported-inference questions.

Plain legal English

Clear modern wording using active voice and short sentences, avoiding archaic legalese unless quoting. It reduces ambiguity and improves comprehension for courts and clients.

Contrapositive

From 'if P then Q' follows 'if not Q then not P'. The contrapositive is logically equivalent to the original conditional and is always valid.

Converse error

Inferring 'if P then Q' from 'if Q then P' is invalid. The converse does not follow from a conditional statement and is a common reasoning flaw.

Necessary condition

A condition without which the outcome cannot occur. 'Only if' and 'unless' signal necessary conditions; their presence does not guarantee the outcome occurs.

Sufficient condition

A condition whose satisfaction guarantees the outcome. 'If' typically introduces a sufficient condition, which may not be the only route to that outcome.

Unless

'P unless Q' means 'if not Q then P'. Unless introduces the condition that, if absent, produces the result; it does not mean 'if'.

Base rate neglect

Ignoring the underlying prevalence of a condition when interpreting a test result. With low prevalence, even an accurate test yields many false positives.

Affirming the consequent

A fallacy inferring the antecedent from the consequent: from 'if P then Q' and Q, concluding P. The inference is invalid because other causes may produce Q.

Straw man fallacy

Misrepresenting an opponent's argument in a weaker form and then refuting that version. The original argument remains unaddressed and the rebuttal fails.

Circular reasoning

An argument that assumes the conclusion among its premises. It provides no independent support and is a recognised logical fallacy in analysis questions.

Sequencing puzzle method

Identify the most constrained element or rule first, place it, then test remaining positions against every rule. Track forced placements and eliminated options systematically.

Paramount duty to court

A barrister's overriding duty is to the court and the administration of justice. It prevails over client instructions, financial interest, and the desire to win.

Cab-rank rule

A barrister must accept a brief in a practising field if available and the fee is acceptable, subject to exceptions such as conflict, incompetence, or specialisation limits.

Client confidentiality

A barrister must not disclose information received in confidence without consent, except where compelled by law or necessary to prevent a serious criminal offence.

Conflict of interest

A barrister must decline or return a brief where a personal, financial, or prior-retainer interest creates a real possibility of divided loyalty or detriment to a client.

Duty not to mislead

A barrister must not knowingly mislead the court and must promptly correct any inadvertent misstatement, including disclosing adverse authorities that are directly relevant.

Client trust money

Barristers generally do not receive or hold client trust money. Where funds are held, regulated trust account rules and audit requirements apply to the practice.

Communicating with represented party

A legal practitioner should not communicate directly about a matter with a party known to be legally represented; communication should go through that party's representative.

Practising certificate

Legal practice is permitted only while holding a current practising certificate and complying with its conditions, including continuing professional development and insurance requirements.

Duty to disclose adverse authority

A barrister must inform the court of directly relevant authorities that are adverse to the client's case and not previously raised by the other side.

Withdrawal from a brief

A barrister may return a brief only on proper grounds, such as conflict, non-payment, or ethical difficulty, and must do so early enough to avoid prejudice.

Inadvertent misstatement

If a barrister discovers that the court was misled, even unintentionally, they must correct the error promptly and clearly rather than leave the court with a false impression.