Bhutan Bar Examination flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Plaint
- A formal written statement by which a plaintiff initiates a civil suit, setting out the parties, facts giving rise to the cause of action, jurisdiction, and the relief claimed.
- Res Judicata
- A legal doctrine that prevents a party from relitigating a matter already decided by a competent court between the same parties on the same subject matter.
- Ex parte proceeding
- A proceeding conducted in the absence of one party, typically where the defendant fails to appear or file a written statement despite proper service of summons.
- Preponderance of probabilities
- The standard of proof in civil cases requiring the party bearing the burden to show that its version of facts is more likely true than not.
- Beyond reasonable doubt
- The high standard of proof the prosecution must meet in criminal cases before an accused can be convicted of an offence.
- Presumption of innocence
- The principle that every accused person is presumed innocent until the prosecution proves guilt beyond reasonable doubt in a competent court.
- Twenty-four hour rule
- A constitutional and procedural safeguard requiring that an arrested person be produced before a court within twenty-four hours of arrest.
- Anticipatory bail
- A pre-arrest order granting conditional release to a person apprehending arrest in a non-bailable offence, typically sought before the High Court.
- Consideration
- Something of value, lawful and not forbidden by law, given by one party in exchange for the promise of another, essential to a valid contract.
- Free consent
- Consent given without coercion, undue influence, fraud, misrepresentation, or mistake, and which is therefore binding on the parties.
- Void agreement
- An agreement that is unenforceable from the outset because it lacks an essential element, is unlawful, or is contrary to public policy.
- Liquidated damages
- A sum agreed in advance by the parties as a genuine pre-estimate of loss likely to flow from breach of contract, enforceable by a court.
- Land registration
- The official recording of title and encumbrances over land with the National Land Commission, necessary to confer enforceable rights against third parties.
- Matrimonial property
- Assets acquired during marriage that are subject to division on divorce, generally shared equally unless the court orders otherwise considering contributions.
- Protection order
- A court order under the Domestic Violence Prevention Act restraining an abuser from contact or specified conduct to protect a victim.
- Inheritance Act 2008
- The Bhutanese statute regulating succession to property, specifying heirs, shares, and procedures for distributing a deceased person's estate.
- Constitutional supremacy
- The principle that the Constitution is the supreme law and any law or executive action inconsistent with it is void to that extent.
- National Judicial Commission
- A constitutional body that recommends judicial appointments, transfers, and disciplinary matters to the King for the judiciary of Bhutan.
- Gross National Happiness
- A constitutional guiding principle of Bhutan that development must balance material wellbeing with cultural, environmental, and spiritual values.
- Ultra vires
- A doctrine holding that administrative action exceeding the powers conferred by statute is invalid and liable to be set aside on judicial review.
- Audi alteram partem
- A principle of natural justice requiring that no person be condemned without being given a fair opportunity to be heard.
- Legitimate expectation
- A doctrine requiring fair procedure before withdrawing a benefit that a person has been led reasonably to expect to retain.
- Judicial review
- The court's power to examine the legality, rationality, and procedural propriety of administrative decisions without substituting its own merits assessment.
- Dying declaration
- A statement made by a person as to the cause of death, admissible as an exception to the hearsay rule in criminal proceedings.
- Leading question
- A question that suggests the answer desired, generally barred in examination-in-chief but permitted in cross-examination.
- Legal professional privilege
- Protection from disclosure of confidential communications between an advocate and client made for the purpose of obtaining legal advice.
- Fiduciary duty
- The obligation of a director to act in good faith, with loyalty and care, in the best interests of the company rather than personally.
- Private company
- A registered company that restricts share transfers and limits membership, distinguishing it from a public company under the Companies Act.
- Conflict of interest
- A situation where an advocate's personal or other professional interest may impair the duty of loyalty owed to a client, requiring disclosure or withdrawal.
- Contingency fee
- A fee arrangement under which the advocate is paid only on success, generally restricted under Bhutanese professional conduct rules.
- Sale deed
- A registered instrument transferring ownership of immovable property, identifying the parties, the property, the consideration, and the terms.
- Power of attorney
- A written instrument authorising an agent to act on behalf of a principal in specified matters, executed in prescribed form and attested as required.