Victorian Bar Entrance Exam key terms

The legal authority of a court or tribunal to hear and decide a particular kind of dispute or matter. It may be limited by geography, subject matter, or the amount claimed.

The set of facts that gives a person the right to sue another for a legal remedy. Each distinct cause of action must be pleaded separately and clearly.

A formal written statement of a party's case, such as a statement of claim or defence, setting out the material facts relied on and the relief sought.

Details supplied to clarify a pleaded allegation, so the opposing party knows the case it must meet. They prevent surprise at trial and sharpen the issues in dispute.

The obligation of a party to prove a fact or issue to the required standard. In criminal matters it generally rests on the prosecution throughout the trial.

The degree of certainty required to establish a fact. Criminal guilt must be proved beyond reasonable doubt; civil claims are decided on the balance of probabilities.

The principle that a person accused of a crime is treated as innocent until the prosecution proves guilt to the criminal standard. It underpins fair trial rights and bail reasoning.

The doctrine that courts follow earlier decisions of higher courts in the same hierarchy where the material facts are alike, promoting consistency and predictability in the law.

The binding legal principle, embedded in the reasons for judgment, on which a court decides a case. Only this reasoning binds later courts applying the precedent.

A remark by a judge on law or facts that is not necessary to the decision reached. Such observations are persuasive only and do not bind later courts.

The mental element of a criminal offence, such as intention, knowledge, recklessness, or negligence. The prosecution must usually prove it alongside the prohibited act.

The physical or external element of a crime: the conduct, circumstances, and consequences prohibited by law. It must be proved for every element of the offence charged.

The conditions under which a person may be held accountable for an offence, including capacity, voluntariness, and the required mental state at the time of the conduct.

A person who habitually and persistently institutes proceedings without reasonable grounds. Courts may restrict such a person from starting further litigation without leave.

Use of court procedures for an improper purpose, or in a way that unfairly burdens the other party or undermines the integrity of the judicial system. Courts may stay or dismiss such proceedings.

Fundamental procedural fairness, chiefly the right to a fair hearing and the rule that a decision-maker must be unbiased. It governs courts, tribunals, and administrative decision-makers.

The requirement that decisions affecting a person's rights be made through fair procedures, including notice of the case, an opportunity to respond, and an impartial decision-maker.

A situation where a lawyer's or decision-maker's personal, financial, or other interest could improperly influence their professional judgment or duty to a client or the court.

A duty of loyalty and good faith owed by a person entrusted with another's interests. A lawyer must act solely in the client's interests and avoid unauthorised personal benefit.

The professional obligation not to reveal information acquired in the course of a retainer without the client's authority, subject to limited exceptions such as preventing serious harm.

A rule protecting confidential communications between lawyer and client from disclosure in legal proceedings. It belongs to the client and can only be waived by the client.

A label on settlement communications indicating they are made in an attempt to resolve a dispute and cannot be used against the maker in later litigation, except in limited circumstances.

An agreement resolving a dispute between parties, often before or during proceedings, typically on terms involving payment, undertakings, or other concessions in place of a court determination.

A confidential, facilitated negotiation in which a neutral third party helps disputing parties reach their own agreement. The mediator does not decide the outcome or impose a result.

A process in which parties refer a dispute to an independent arbitrator who hears evidence and issues a binding award, usually under an agreed framework or statute.

A lawyer's paramount obligation to assist the court in the administration of justice, which can override the client's instructions where they conflict with honesty and candour.

Knowingly or recklessly giving a court or another party a false or deceptive impression, including by omission. Lawyers must correct any inadvertent misleading statement promptly.

The duty of honesty and frank disclosure owed by a lawyer to the court, requiring accurate statements of law and fact and correction of errors previously made.

A conclusion drawn from facts established by evidence rather than from direct observation. Reasoning by inference is central to proof of mental states and circumstantial cases.

Evidence of facts from which a fact in issue may be inferred, rather than direct evidence of that fact. It can support a conviction if the inference is the only reasonable one.

A proposition offered as a reason supporting a conclusion in an argument. Evaluating whether premises are true and whether they support the conclusion is core to analytical reasoning.

An unstated proposition that an argument relies on for its conclusion to follow. Identifying hidden assumptions is a common task in critical reasoning questions.

The quality of evidence or reasons that are enough, if accepted, to establish a conclusion. Sufficiency is distinct from necessity, which concerns whether something is required.

A circumstance that must exist for a result to occur, though it may not by itself produce that result. Without it, the outcome cannot happen.

An out-of-court statement tendered to prove the truth of its contents. It is generally inadmissible, subject to recognised exceptions and statutory provisions.

The obligation to convince the tribunal of fact that a claim or element is established to the applicable standard. Failing it means the issue is decided against that party.

The relief a court may grant to a successful party, such as damages, an injunction, specific performance, or a declaration, aimed at addressing the wrong established.

A binding promise, often given to a court or another party, that may be enforced if breached. Lawyers must be precise when giving undertakings on a client's behalf.