IILEX Legal Executive key terms

The doctrine requiring courts to follow principles established in earlier decisions of higher courts in the same jurisdiction, so that similar cases reach predictable results and the law develops consistently.

A prior judicial decision that serves as an authority for deciding a later case involving similar facts or legal issues. It may be binding or merely persuasive depending on the court and jurisdiction.

The essential legal reasoning on which a court's decision rests. Only this binding core of a judgment must be followed in later cases; everything else is peripheral.

A remark or observation in a judgment that is not necessary to the decision reached. It carries no binding authority but may be persuasive in later cases.

Law enacted by the legislature itself, such as an Act or statute, as opposed to rules made by an executive body under delegated powers. It is the highest form of enacted law.

Rules, regulations, or orders made by a minister, agency, or other body under authority granted by a parent statute. It is also called subordinate legislation and must stay within the enabling power.

Latin for "beyond the powers." Describes an act by a public body or company that exceeds the authority conferred on it by statute, charter, or constitutional document, and is therefore invalid.

The process by which courts determine the meaning of legislation, using approaches such as the literal rule, golden rule, mischief rule, and purposive construction, often supported by intrinsic and extrinsic aids.

An interpretive method that asks what problem the legislature intended to remedy and reads the text to achieve that purpose, rather than applying the words in a narrow literal sense.

The authority of a court or tribunal to hear and decide a particular type of case or a dispute involving particular parties. It may be limited by geography, subject matter, or monetary value.

A clear statement of terms on which the maker is prepared to be bound, communicated to another party, with the intention that acceptance will create a binding agreement.

A preliminary communication that invites the other party to make an offer, such as goods displayed in a shop window or a price list. It is not itself capable of acceptance.

Unqualified agreement to all the terms of an offer, communicated to the offeror in the manner required. Any variation of terms operates as a counter-offer, not an acceptance.

Something of value given by each party in exchange for the other's promise, such as money, goods, or a promise to act. It must be sufficient but need not be adequate.

An equitable doctrine preventing a party who has made a clear promise or representation, relied on by another, from going back on it where it would be unjust to do so.

A term or event that must occur before a contractual obligation becomes enforceable. If the condition is not satisfied, the obligation may never arise.

An event that, if it occurs after a contract takes effect, brings the parties' obligations to an end. It differs from a condition precedent, which must occur before duties arise.

A contractual promise of lesser importance than a condition. Breach entitles the innocent party to damages but not to terminate the contract and treat it as at an end.

A contract provision under which one party agrees to compensate the other for specified losses or liabilities, often including third-party claims, legal costs, and defence expenses.

A contract clause capping or excluding one party's liability for certain breaches or losses. Its enforceability depends on statute, reasonableness, and public policy limits.

A contract clause excusing performance when an extraordinary event beyond the parties' control, such as natural disaster or war, prevents or delays fulfilment of obligations.

The doctrine that discharges a contract when an unforeseen event, not caused by either party, makes performance impossible or radically different from what was originally agreed.

The principle that a company is a legal entity distinct from its shareholders, directors, and officers. It can own property, contract, sue, and be sued in its own name.

An exceptional judicial remedy disregarding a company's separate personality to hold shareholders personally liable, typically where the company is used as a mere façade for wrongdoing or fraud.

The protection that limits shareholders' financial exposure to the amount unpaid on their shares or their agreed capital contribution, so personal assets are generally shielded from company debts.

A legal obligation of loyalty and good faith owed by a person entrusted with another's interests, requiring them to act honestly, avoid conflicts, and not profit from their position.

A situation in which a professional's personal, financial, or other interest could improperly influence their judgment or loyalty to a client, requiring disclosure and often withdrawal.

A protection that prevents certain communications, such as confidential legal advice between lawyer and client, from being disclosed or used as evidence in legal proceedings.

The professional duty not to reveal information learned in the course of a retainer without the client's consent or other lawful justification, continuing after the relationship ends.

A formal written statement filed with a court setting out a party's claims or defences, including the material facts relied on and the relief sought.

The claimant's initial pleading that identifies the parties, states the facts giving rise to the claim, sets out the legal basis, and specifies the remedy requested from the court.

A claim brought by the defendant against the claimant within the same proceedings, usually arising from the same facts or transaction, and determined together with the original claim.

The pre-trial process in which each party must disclose relevant documents and information to the other side, supporting fair resolution and preventing trial by ambush.

A procedure allowing a court to decide a case without a full trial where one party has no realistic prospect of success or there is no genuine dispute of material fact.

A label applied to settlement communications indicating they are made in an attempt to resolve a dispute and generally cannot be shown to the court as admissions of liability.

A confidential, voluntary dispute resolution process in which a neutral third party helps the disputants negotiate their own settlement, without imposing a binding decision.

A binding dispute resolution process in which the parties refer their dispute to one or more neutral arbitrators who render an award enforceable like a court judgment.

The identification, preservation, collection, review, and production of electronically stored information in litigation, governed by rules on proportionality, relevance, and privilege.

A directive requiring an organisation to suspend routine deletion of documents and data once litigation or an investigation is reasonably anticipated, to avoid spoliation of evidence.

Data describing other data, such as author, creation date, edit history, and file path. It can be highly probative in disputes and is often subject to discovery obligations.