Bhutan Bar Examination key terms

The principle that courts follow legal rules laid down in earlier decisions of higher or equal courts when deciding later cases with materially similar facts, promoting consistency and predictability in the law.

The essential legal reasoning on which a court's decision rests; this binding core of the judgment must be followed by lower courts in later similar cases.

Remarks made by a judge that are incidental to the decision and not necessary to it; such observations are persuasive but not binding on later courts.

The power of courts to examine legislative or administrative action and declare it invalid where it conflicts with the Constitution or exceeds lawful authority.

The constitutional principle that everyone, including the government, is subject to law applied equally and fairly, and that power is exercised only under known, predictable legal rules.

The requirement that the state follow fair, lawful procedures before depriving a person of life, liberty or property, including notice and a meaningful opportunity to be heard.

Fundamental procedural fairness standards requiring that a decision-maker hear both sides and be unbiased, applied to courts and administrative bodies alike.

The natural justice rule meaning 'hear the other side': no person should be condemned without notice of the case and a fair opportunity to respond.

The rule that no one may judge a matter in which they have a personal interest or bias, actual or apparent, safeguarding impartiality in adjudication.

Latin for 'beyond the powers'; describes an act by a public body or company that exceeds the authority conferred on it by law and is therefore invalid.

Rules, regulations or orders made by an executive body under authority granted by a parent statute; valid only within the limits and purposes of that enabling law.

Law made by a person or body other than the legislature under powers conferred by an Act; includes rules, notifications and by-laws, and must conform to the parent Act.

A clear expression of willingness to be bound on stated terms, made with the intention that it becomes binding once the other party accepts it.

Unqualified agreement to all terms of an offer, communicated to the offeror; it turns the offer into a binding contract.

An indication that a party is open to receiving offers, such as a display of goods or an advertisement, which is not itself capable of being accepted as a contract.

Something of value given by each party in exchange for the other's promise, such as money, goods or a service, making the agreement enforceable.

The rule that only parties to a contract may enforce it or be bound by its obligations, subject to statutory and recognised exceptions.

Failure, without lawful excuse, to perform a contractual obligation, whether by non-performance, defective performance or repudiation, giving the innocent party remedies.

An equitable remedy ordering a party to carry out its contractual promise, granted where damages would be inadequate, such as contracts for unique land or goods.

A court order requiring a party to do or refrain from doing a specified act, often used to prevent continuing harm or to restrain a threatened breach.

A monetary award compensating a claimant for loss caused by another's wrongful act, aiming to place the claimant in the position they would have occupied had the wrong not occurred.

A civil wrong, independent of contract, that causes harm for which the injured party may claim compensation, such as negligence, defamation or trespass.

A civil wrong consisting of a breach of a duty of care owed to another, causing loss, established by showing duty, breach, causation and damage.

The obligation on a party to prove a fact or claim in proceedings; in criminal cases it generally rests on the prosecution, while civil claimants must prove their case.

The degree of certainty required to establish a fact: beyond reasonable doubt in criminal matters and on the balance of probabilities in civil matters.

The rule that an accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt, with doubts resolved in the accused's favour.

A statement made out of court offered to prove the truth of its contents; generally inadmissible unless it falls within a recognised exception.

The quality of evidence that allows it to be received by a court, determined by relevance and exclusionary rules such as those against hearsay or improperly obtained evidence.

The logical connection between evidence and a fact in issue; irrelevant evidence is inadmissible, while relevant evidence may still be excluded by specific rules.

Evidence that, if believed, directly proves a fact in issue without requiring inference, such as an eyewitness account of the act itself.

Evidence of surrounding facts from which a fact in issue may be inferred; it can support conviction if the circumstances form a complete and consistent chain.

The mental element of a criminal offence, such as intention, knowledge or recklessness; it must be proved together with the prohibited act.

The external physical element of a crime, comprising the prohibited conduct, its circumstances and its consequences, which must coincide with the mental element.

Legal responsibility for an offence, established when the prohibited act, the required mental element and the absence of a valid defence are all proved.

The conditional release of an accused person from custody pending trial, usually on security or sureties, balancing liberty with the need to secure attendance.

The detention of an accused person in custody while proceedings continue or investigations are completed, authorised by a court and subject to legal time limits.

A temporary order made during pending proceedings to preserve the position of the parties or prevent harm until the final decision is given.

The principle that a matter finally decided by a competent court cannot be relitigated between the same parties, giving finality to litigation.

The rule protecting confidential communications between a lawyer and client from disclosure in legal proceedings, encouraging full and frank advice.

A situation where a lawyer's personal, financial or other interests, or duties to another client, risk compromising their duty of loyalty to a client.

A lawyer's obligation not to reveal information learned in the course of the professional relationship without the client's informed consent or lawful justification.

The separation between a company and its members, meaning shareholders are generally not personally liable for company debts unless the veil is lifted by law.

The principle that shareholders' exposure is limited to the amount unpaid on their shares, protecting personal assets from company obligations.

The body of persons elected to direct and manage a company, owing duties of care, good faith and loyalty to the company itself.

The legal transfer of an interest in land from one person to another, or the document by which that transfer is effected and recorded.

The document evidencing a person's lawful ownership of or interest in land, used to establish title and support registration of transactions.

The official system of recording ownership and interests in land in a public register, providing certainty and notice to third parties.

A written statement of facts sworn or affirmed before an authorised person, used as evidence in proceedings or to support applications.

A formal written statement by a party setting out its claims, defences or responses, defining the issues the court will decide.