Gambia Bar Finals key terms

A formal notice by the Director of Public Prosecutions that the State will not proceed further on a charge, ending the prosecution without an acquittal and without barring later proceedings on the same facts.

A plea in bar of trial asserting the accused was previously acquitted of the same offence by a competent court, so that a second trial would offend the rule against double jeopardy.

An application by the prosecutor, before judgment, to abandon a charge; if allowed, the accused is discharged, and re-arrest may follow only with the court's leave or on fresh process.

A written statement recorded from a suspect by police, in the presence of an independent witness, setting out the suspect's account and any admission, read over and signed or thumbprinted by the maker.

The principle that an admission is admissible only if made freely, without inducement, threat, promise or oppression, with the burden on the prosecution to prove freedom from such pressure beyond reasonable doubt.

A trial within a trial held in the absence of the jury, or by the judge alone, to decide a preliminary issue such as the voluntariness or admissibility of a confession or disputed evidence.

Independent evidence tending to confirm the truth of a witness's account; required by law or practice in certain categories, such as accomplice testimony or sexual offence complaints, though the modern tendency is to treat it as a matter of weight.

An out-of-court assertion offered to prove the truth of its content, generally inadmissible unless it falls within a recognised exception, a statutory gateway, or an agreed fact.

The requirement that the contents of a document be proved by the original document itself, subject to exceptions for lost originals, public documents, and cases where production is impossible or inconvenient.

Evidence of a document's contents other than the original, such as a certified copy or oral account, admissible only where a recognised ground for departing from the best evidence rule is established.

The obligation of a party to establish a fact or issue to the required standard; in criminal cases the prosecution bears the legal burden throughout, while in civil cases it rests on the party asserting the claim.

The degree of persuasion required: beyond reasonable doubt in criminal matters, and on the balance of probabilities in civil matters, including civil proceedings that carry criminal allegations.

The constitutional guarantee that every accused person is presumed innocent until proven guilty by a competent court, placing the persuasive burden on the prosecution and requiring doubts to be resolved in the accused's favour.

The privilege of a suspect or accused not to answer questions or give evidence, coupled with the rule that adverse inferences may be drawn only where statute or fair-trial principles clearly permit.

The right of a party to bring a matter before the court because of a sufficient legal interest in the subject matter, a threshold requirement that may be relaxed in public interest or human rights litigation.

A civil process used to commence proceedings where the facts are largely undisputed and the court is asked to determine a question of law, construction, or entitlement rather than to try contested factual issues.

The usual civil process commencing an action in which material facts are in dispute, requiring the defendant to enter an appearance and plead, and leading to trial on pleadings and evidence.

Judgment entered for the claimant where the defendant fails to give notice of intention to defend or to file a defence within the prescribed period, subject to the court's power to set it aside.

Judgment granted without trial where the claimant or defendant shows the other has no real prospect of success and there is no other compelling reason for a trial.

Supervisory proceedings in which the High Court examines the legality, rationality, and procedural fairness of decisions by public bodies, granting relief such as certiorari, prohibition, or mandamus.

A prerogative order quashing a decision of an inferior court, tribunal, or public authority for error of law, excess of jurisdiction, or breach of natural justice.

The doctrine that an act is invalid because it exceeds the powers conferred by statute, constitution, or the governing instrument of a body, whether by substance, purpose, or procedure.

The twin procedural duties to hear the other side fairly and to act without bias, breach of which invalidates administrative decisions and is enforced through judicial review.

The rule that no person should be condemned unheard: a decision-maker must give affected parties notice of the case against them and a fair opportunity to respond before deciding.

The exceptional power of a court to disregard a company's separate personality and hold members or directors liable, typically for fraud, sham, or where statute expressly so provides.

The rule, from Salomon v Salomon, that a company is a legal person distinct from its members, so that members' liability is limited and corporate debts are not their personal debts.

The legal obligation to take reasonable care to avoid foreseeable harm to persons who are foreseeably likely to be affected by one's conduct, the first element of the tort of negligence.

Liability imposed on one person, usually an employer, for the wrongs of another, usually an employee, committed in the course of employment and closely connected with it.

A tort established by proof of a duty of care owed, breach of that duty, and damage caused by the breach that is not too remote a consequence of it.

Something of value, whether a promise, act, or forbearance, given in exchange for a promise, which makes an agreement enforceable as a contract rather than a bare gratuitous promise.

An equitable doctrine preventing a party who made a clear promise or representation, intended to be relied on and in fact relied on, from resiling from it where that would be unconscionable.

Acquisition of title to land by long, open, continuous, and exclusive possession inconsistent with the owner's rights, subject to statutory limitation periods and registration requirements.

A notice lodged against a registered title warning persons dealing with the land of an claimed interest, which prevents registration of inconsistent dealings until the caveat is withdrawn or lapsed.

The principle that a registered proprietor's title is conclusive and protected against adverse claims, subject only to statutory exceptions such as fraud, prior interests, or overriding statutory rights.

A situation where a lawyer's personal, financial, or other interest, or duty to another client, might compromise the loyal and independent discharge of duties owed to a client.

The professional duty not to disclose information acquired in the course of the retainer, continuing after the relationship ends, subject to exceptions such as client consent or statutory compulsion.

A right to withhold evidence or information from disclosure, including legal professional privilege protecting confidential communications between lawyer and client for legal advice or litigation.

In Islamic personal law, the dower or bridal gift promised by the husband to the wife as part of the marriage contract, which becomes her property and is enforceable as a marital right.

A form of divorce initiated by the husband under Islamic law, effective subject to pronouncement, notice, and any statutory or judicial requirements for registration and fairness.

The waiting period a wife must observe after divorce or the husband's death before remarriage, serving to establish paternity and allowing reconciliation where the divorce is revocable.

Distribution of a deceased person's estate according to statute, custom, or Sharia rules where no valid will disposes of the property, following prescribed shares and priorities among heirs.

The mental ability required to make a valid will: understanding the nature of the act, the extent of the property, and the claims of those who might reasonably expect to benefit.

The court process of proving a will and confirming the executor's authority to administer the estate, including payment of debts and distribution to beneficiaries.

The fair-hearing guarantee applied by the ECOWAS Community Court in reviewing state acts affecting individuals, requiring notice, disclosure, and a genuine opportunity to be heard before adverse decisions.

The rule that an international or regional human rights body will not entertain a complaint until domestic courts and procedures have been tried, unless remedies are unavailable, ineffective, or unduly delayed.

The skill of setting out, in numbered and pleaded paragraphs, the material facts, legal basis, and relief sought with sufficient clarity to define the issues and survive a strike-out application.