Bar Council Written cheat sheet

Parliamentary sovereignty: Parliament may make or unmake any law; later statute impliedly repeals an earlier inconsistent one; no court may invalidate primary legislation.

Rule of law (Dicey): no punishment without breach of law established before a court; equality before the law; rights arise from ordinary judicial decisions rather than a bill of rights.

Separation of powers: legislature enacts, executive implements, judiciary adjudicates; overlap is permissible but concentration of all three in one body is constitutionally suspect.

Judicial review grounds (GCHQ): illegality (acting beyond legal power or misdirecting law), irrationality (a decision no reasonable authority could reach), procedural impropriety (breach of natural justice).

Natural justice: audi alteram partem (right to be heard) and nemo iudex in causa sua (no one judge in his own cause); bias may be actual or apparent to the reasonable observer.

Subordinate legislation is ultra vires if it exceeds the enabling Act, is made without required consultation, or is unreasonable; primary legislation is not subject to ultra vires review.

Prerogative powers are residual executive powers recognised by courts; courts determine their existence and extent but not their exercise in matters of high policy.

Remedies in administrative review: certiorari (quash), prohibition (restrain), mandamus (compel performance), habeas corpus (test detention), plus declarations, injunctions and damages.

Actus reus requires conduct, circumstances and consequences; omissions are criminal only where a duty to act exists (statute, contract, relationship, assumption of care, creation of danger).

Mens rea levels: intention (direct or oblique), recklessness (conscious taking of an unjustified risk), knowledge, and negligence; motive is generally irrelevant.

Murder: unlawful killing of a human being with malice aforethought (intent to kill or cause grievous bodily harm); mandatory life sentence.

Voluntary manslaughter: loss of control or diminished responsibility reduces murder; involuntary manslaughter: gross negligence or unlawful act manslaughter.

Theft: dishonest appropriation of property belonging to another with intention permanently to deprive; dishonesty is assessed by the objective reasonable-person standard.

Bail: presumption of bail unless exceptions apply (fear of further offences, failure to surrender, interference with witnesses); seriousness alone is not a ground.

Burden and standard: prosecution proves guilt beyond reasonable doubt; defence bears only an evidential burden for most defences, with limited statutory reverse burdens.

Double jeopardy rule: a person acquitted cannot be retried for the same offence, subject to narrow statutory exceptions for new and compelling evidence.

Valid contract requires offer, acceptance, consideration, intention to create legal relations, and capacity; certainty of terms is a further requirement.

Acceptance must be unqualified and communicated; the postal rule deems acceptance effective on posting where post is contemplated, but instantaneous communications take effect on receipt.

Consideration must be sufficient but need not be adequate; past consideration is no consideration; performance of an existing duty is generally not good consideration.

Privity: only parties to a contract may enforce it; statutory exceptions allow third-party enforcement where the contract expressly or impliedly confers a benefit.

Misrepresentation renders a contract voidable; remedies are rescission and damages; fraudulent misrepresentation permits damages in tort.

Frustration discharges a contract where an unforeseen event makes performance impossible, illegal, or radically different; self-induced frustration does not discharge.

Remedies: damages aim to place the claimant in the position as if the contract had been performed; remoteness follows the two-limb test of contemplation and knowledge.

Sale of goods: implied terms of satisfactory quality, fitness for purpose, and correspondence with description; retention of title clauses preserve seller's ownership until payment.

Negligence elements: duty of care, breach of that duty, causation (factual and legal), and damage that is not too remote.

Duty of care: established categories or the three-stage test of foreseeability, proximity, and fair, just and reasonable imposition.

Breach is judged by the reasonable person standard, adjusted for professionals (Bolam-type standard), children, and emergency situations.

Causation in fact uses the 'but for' test; where multiple causes exist, material contribution may suffice; legal causation requires no novus actus interveniens.

Remoteness: a defendant is liable for damage of a kind reasonably foreseeable, even if the extent or manner is unforeseeable (thin skull rule).

Defences: contributory negligence (reduces damages), volenti non fit injuria (complete defence where risk freely accepted), illegality, and statutory exclusions.

Nuisance: private nuisance protects use and enjoyment of land; remedies include injunction and damages; public nuisance requires special damage to the claimant.

Defamation: statement must be defamatory, refer to the claimant, and be published; defences include truth, honest opinion, and privilege.

Estates in land: freehold (fee simple absolute in possession) and leasehold (term of years absolute); all other estates exist in equity.

Registered title: disposition of a registered estate must be completed by registration to transfer legal title; priority is governed by notice on the register.

Co-ownership: joint tenancy (right of survivorship, no distinct shares) versus tenancy in common (distinct undivided shares, no survivorship).

Trusts: express trust requires certainty of intention, subject matter, and objects; resulting and constructive trusts arise by operation of law.

Equitable maxims: equity follows the law; he who seeks equity must do equity; delay defeats equity; equity looks to substance over form.

Leases versus licences: exclusive possession for a term at a rent generally indicates a lease regardless of the label used by the parties.

Easements require a dominant and servient tenement, diversity of ownership, benefit to the dominant land, and capability of forming the subject matter of a grant.

Adverse possession: factual possession with intention to possess, without permission; statutory periods bar the owner's claim subject to registered-land rules.

Marriage requires voluntary consent, capacity (age, absence of prohibited degrees), and compliance with formalities; void marriages are invalid from the outset.

Divorce: irretrievable breakdown must be established by statutory facts; a period of separation or adultery or unreasonable behaviour may ground the petition.

Financial relief on divorce considers needs, resources, standard of living, age, health, contributions, and the welfare of children; the child's welfare is paramount.

Custody and welfare: the welfare of the child is the paramount consideration; courts apply a welfare checklist including the child's wishes and needs.

Domestic violence protection: non-molestation and occupation orders restrict contact or exclude a party from the home; breach is a criminal offence.

Maintenance: periodic payments and lump sums may be ordered; variation and enforcement are available where circumstances change.

Paternity and legitimacy: presumption of legitimacy arises from marriage; DNA evidence may rebut it; parental responsibility confers decision-making rights.

Succession: intestate distribution follows statutory order (spouse, issue, parents, siblings); a will requires testamentary capacity, intention, and formal attestation.

Relevance is the threshold for admissibility; relevant evidence may still be excluded for unfairness or on policy grounds.

Burden of proof: legal burden rests on the party asserting a fact; evidential burden shifts to the party with the case to answer; standard is beyond reasonable doubt in criminal cases.

Hearsay is an out-of-court assertion offered to prove its truth; statutory exceptions include unavailable witnesses and business records.

Character evidence: the accused's bad character is admissible only through defined gateways, such as propensity or credibility; good character supports credibility.

Confessions are admissible unless obtained by oppression or in circumstances rendering them unreliable; the voluntariness principle governs.

Exclusion of evidence: the court may exclude evidence whose prejudicial effect outweighs its probative value, or where admission would be unfair.

Privilege: legal professional privilege protects confidential communications between lawyer and client; the privilege belongs to the client and may be waived.

Corroboration and identification: Turnbull-type warnings are required where identification is disputed; the jury must be directed on the special need for caution.

Duty to the court overrides duty to the client; a lawyer must not mislead the court or present evidence known to be false.

Confidentiality: information received in the professional relationship must not be disclosed without consent, except where law requires or the client intends serious harm.

Conflict of interest: a lawyer must not act where a personal or financial interest conflicts with the client's, or where duties to two clients conflict.

Competence and diligence: a lawyer must act with reasonable skill, keep the client informed, and follow instructions within the law.

Fees and trust accounts: client funds must be held separately and accounted for; fees must be fair, disclosed, and not contingent on improper outcomes.

Client money and undertakings: an undertaking is binding and must be honoured; a lawyer must not give an undertaking beyond their control.

Termination: a lawyer may withdraw only for good cause and with reasonable notice, avoiding prejudice to the client's interests.

Advertising and referral: solicitation of clients and fee-sharing with non-lawyers are restricted; referral arrangements must be disclosed.

Advocacy duties: present the client's case fearlessly, but never assert personal opinion on the merits or facts not supported by evidence.

The advocate must not communicate with a represented opposing party except through their lawyer, and must not approach witnesses to influence testimony.

Ex parte applications require full and frank disclosure of all material facts, including those adverse to the applicant.

Courtroom conduct: punctuality, proper dress, courtesy to the bench and opponents, and no misstatement of law or authority.

Duty to disclose adverse authorities: the advocate must cite relevant authorities against their own case to the court.

Witness examination: leading questions are permitted in cross-examination but not in examination-in-chief; re-examination is limited to matters arising in cross.

Contempt: disobeying a court order or disrupting proceedings may constitute contempt; the advocate must avoid statements scandalising the court.

Confidentiality in advocacy: the advocate may not reveal client confidences without consent, even after the retainer ends, unless disclosure is legally required.

Drafting principle: use plain, precise language; define terms once and use them consistently; avoid ambiguity and archaic legalese.

Structure: title, parties, recitals, operative clauses, representations and warranties, covenants, conditions, and execution formalities.

Conditions precedent versus conditions subsequent: the former must be satisfied before obligations arise; the latter terminate obligations on occurrence.

Boilerplate clauses: governing law, jurisdiction, entire agreement, severability, notices, assignment, force majeure, and counterparts.

Drafting for enforceability: certainty of terms, clear consideration, capacity, and compliance with statutory formalities (writing, signatures, witnesses).

Interpretation rules: ordinary meaning, context, commercial purpose, and contra proferentem against the drafter for ambiguous terms.

Drafting pleadings: state material facts, not evidence; plead each cause of action distinctly; include prayer for relief.

Precision in dates and amounts: state currency, interest, and time of the essence where timely performance is critical.

Opinion structure: issue, facts, law, analysis, and conclusion; state assumptions and qualifications explicitly.

Case analysis: identify the material facts, the legal issue, the holding, the reasoning, and the ratio decidendi versus obiter dicta.

Distinguishing cases: compare facts, legal principles, and policy; note whether the precedent is binding or persuasive.

IRAC method: Issue, Rule, Application, Conclusion; apply rules to facts and address counterarguments.

Assessing prospects: evaluate evidence strength, credibility, limitation periods, and likely defences before advising on litigation.

Identifying remedies: consider damages, specific performance, injunction, declaration, and costs; assess enforceability of each.

Risk assessment: identify legal, factual, and procedural risks; advise on settlement, mediation, and cost-benefit of proceeding.

Opinion clarity: use headings, numbered paragraphs, and a summary of advice; avoid hedging without explanation.

Legal positivism (Austin, Hart): law is a social fact; validity depends on source and rules of recognition, not moral merit.

Natural law theory: law must conform to moral principles; unjust laws may be invalid or at least not fully obligatory.

Legal realism: law is what courts do in practice; rules are indeterminate and policy and facts shape outcomes.

Dworkin: law includes principles and policies; judges interpret to find the best constructive interpretation, with rights as trumps.

Ratio decidendi is the binding legal principle from a case; obiter dicta are persuasive but not binding.

Stare decisis: courts follow precedent; higher courts bind lower ones, subject to distinguishing, overruling, and reversal.

Statutory interpretation: literal rule, golden rule, mischief rule, and purposive approach; consider context, purpose, and legislative history.

Analogical reasoning: apply a rule by comparing relevant similarities and differences between cases; distinguish where material facts differ.