Cuba Judicial Competition key terms
Cuba Judicial Competition · Get comfortable with the vocabulary.
- Jurisdiction
The relevant legal authority or legal system governing a matter, which must be identified separately from the merits of a claim.
- Cause of action
A legally recognized basis for seeking relief under the applicable framework, requiring its actual elements and supporting facts.
- Element
A component that must be established for the relevant legal conclusion, distinguished from a fact that is merely interesting background.
- Burden of proof
The responsibility and applicable standard for establishing a proposition, which depend on the issue, forum and governing framework.
- Material fact
A fact capable of affecting a relevant legal issue under the applicable rule, distinguished from a detail with no effect on the analysis.
- Inference
A conclusion drawn from evidence, whose strength and alternatives should be examined rather than treating it as an observed fact.
- Offer
A communication capable of creating the specified power of acceptance under the applicable rule, distinguished from every preliminary negotiation.
- Acceptance
The assent or act satisfying the applicable offer and formation requirements, which depends on timing, terms and the governing framework.
- Termination effect
The legal consequence of ending a relationship or authority under its actual conditions, distinguished from assuming every termination is void or every defect produces one identical remedy.
- Legal basis of an obligation
The applicable ground from which a duty arises under the governing system, distinguished from assuming every legal system requires common-law consideration.
- Remedy
The relief available for a legally established issue under its conditions, rather than proof that the underlying right or breach already exists.
- Evidential purpose
The proposition for which information is offered, which must be distinguished from automatically treating a report as proof of every underlying allegation.
- Personal knowledge
A witness basis in their own perception for the relevant testimony, distinguished from assuming a reported account was personally observed.
- Binding authority
A source controlling the relevant decision under the applicable hierarchy and jurisdiction, distinguished from merely persuasive discussion.
- Persuasive authority
A source that may inform reasoning without controlling the decision, requiring evaluation of its relevance, reasoning and status.
- Statutory exception
A specified qualification to a general provision, which must be applied only when its actual conditions are satisfied.
- Conflict of interest
A competing interest relevant to a lawyer duties or judgment, whose treatment depends on the actual conflict and governing professional rules.
- Informed consent
Agreement based on relevant understandable information under the applicable legal requirements, which does not make every conflict consentable.
- Confidentiality
A duty governing the relevant information and circumstances, subject to the actual framework rather than a universal promise of secrecy.
- Issue analysis
Reasoning connecting the legal question, controlling rule and material facts before giving a conclusion, rather than reciting a rule without application.