Bar Council Written flashcards

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

Parliamentary sovereignty

The doctrine that Parliament has supreme legal authority to make or unmake any law, and courts cannot invalidate primary legislation; later statutes impliedly repeal inconsistent earlier ones.

Ultra vires

A doctrine in administrative law meaning an act is beyond the legal power conferred by statute. Subordinate legislation or decisions exceeding the enabling Act may be quashed by courts.

Audi alteram partem

A natural justice rule requiring that a person affected by a decision be given a fair opportunity to be heard before the decision is made.

Judicial review grounds

The three recognised grounds for challenging administrative decisions: illegality, irrationality, and procedural impropriety, as established in the GCHQ case.

Actus reus

The prohibited conduct element of a crime, including the act, circumstances, and consequences. Omissions count only where a legal duty to act exists.

Mens rea

The mental element of an offence, such as intention, recklessness, or knowledge. It must coincide with the actus reus for most offences.

Murder definition

The unlawful killing of a human being with malice aforethought, meaning intent to kill or to cause grievous bodily harm; it carries a mandatory life sentence.

Theft elements

Dishonest appropriation of property belonging to another with intention permanently to deprive. Dishonesty is judged by the objective reasonable-person standard.

Consideration

Something of value exchanged between contracting parties. It must be sufficient but need not be adequate; past consideration is generally not valid.

Postal acceptance rule

Where post is contemplated, acceptance is effective when the letter is posted, not when received. Instantaneous communications take effect on receipt instead.

Frustration

Discharge of a contract where an unforeseen event makes performance impossible, illegal, or radically different. Self-induced frustration does not discharge obligations.

Privity of contract

The rule that only parties to a contract may enforce it. Statutory exceptions allow third parties to enforce benefits expressly or impliedly conferred.

Negligence elements

A claimant must prove a duty of care, breach of that duty, factual and legal causation, and damage that is not too remote.

Volenti non fit injuria

A complete defence to tort liability where the claimant freely and knowingly accepted the risk of harm, with full knowledge of its nature and extent.

Thin skull rule

A defendant takes the victim as found; unforeseeable extent of injury does not break causation if the kind of damage was reasonably foreseeable.

Contributory negligence

A defence reducing damages where the claimant's own negligence contributed to the harm; the reduction reflects the claimant's share of responsibility.

Joint tenancy

A form of co-ownership where co-owners hold one undivided title with the right of survivorship; no distinct shares pass under a will.

Tenancy in common

Co-ownership with distinct undivided shares and no right of survivorship; each owner may dispose of their share by will or sale.

Express trust certainties

A valid express trust requires certainty of intention, certainty of subject matter, and certainty of objects; failure of any renders the trust void.

Easement essentials

An easement requires a dominant and servient tenement, diversity of ownership, benefit to the dominant land, and capability of forming the subject of a grant.

Divorce ground

Irretrievable breakdown of marriage must be established by statutory facts such as adultery, unreasonable behaviour, or a period of separation.

Welfare of the child

In family proceedings the child's welfare is the paramount consideration; courts apply a checklist including wishes, needs, and background.

Parental responsibility

The legal rights and duties of a parent or guardian concerning a child's upbringing, including decisions on education, health, and religion.

Intestate succession

Distribution of an estate where no valid will exists, following statutory order: spouse, issue, parents, siblings, and other relatives.

Hearsay evidence

An out-of-court assertion offered to prove its truth. It is generally inadmissible unless a statutory or common-law exception applies.

Legal professional privilege

Confidential communications between lawyer and client for legal advice are protected from disclosure; the privilege belongs to the client and may be waived.

Burden of proof

The obligation on a party to prove a fact. In criminal cases the prosecution bears the legal burden and must prove guilt beyond reasonable doubt.

Confession admissibility

A confession is admissible unless obtained by oppression or in circumstances likely to render it unreliable; voluntariness is the governing principle.

Duty to the court

A lawyer's overriding obligation not to mislead the court, which prevails over the client's instructions and the duty to advance the client's case.

Conflict of interest

A situation where a lawyer's personal, financial, or other client interest conflicts with the client's interest; the lawyer must decline or obtain informed consent.

Full and frank disclosure

In ex parte applications the applicant must disclose all material facts, including adverse ones, so the court can decide fairly without the absent party.

Ratio decidendi

The binding legal principle or reason for a court's decision, which binds lower courts under stare decisis; obiter dicta are persuasive only.