King's Inns Diploma flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Ratio decidendi

The legal principle or rule upon which a court's decision is actually based; it binds lower courts in the same hierarchy in subsequent cases with materially similar facts.

Obiter dicta

Statements of law made by a judge that are not necessary to the decision. They are persuasive but not binding on lower courts.

Article 15.4.1°

Constitutional provision empowering the Oireachtas to legislate, subject to the condition that no law may be enacted that is repugnant to the Constitution; repugnant legislation is invalid.

Heydon's Case

The mischief rule of statutory interpretation: courts consider the common law before the Act, the defect the Act addressed, and the remedy Parliament intended, then interpret to suppress the mischief.

Golden rule

A statutory interpretation rule allowing a court to depart from the literal meaning of words where that meaning would produce an absurd or repugnant result.

Balance of probabilities

The civil standard of proof: the party bearing the burden must persuade the court that its version of events is more likely than not, i.e. greater than 50% likelihood.

Beyond reasonable doubt

The criminal standard of proof borne by the prosecution. It requires the jury to be satisfied to a high degree of certainty before convicting the accused.

Majority verdict

Under s.25 of the Criminal Justice Act 1984, a jury of twelve may convict by a majority of at least ten, provided it has deliberated for a reasonable time.

Consideration

Something of value given by each party in a contract; it must be sufficient but need not be adequate, and past consideration is generally not valid.

Intention to create legal relations

A requirement for a binding contract: the parties must objectively intend their agreement to have legal consequences, presumed in commercial but not domestic arrangements.

Invitation to treat

An expression of willingness to negotiate, not an offer. Advertisements, shop displays, and auction calls are generally invitations to treat (Fisher v Bell).

Duty of care

In negligence, a legal obligation to take reasonable care. Established by proximity, foreseeability of harm, and absence of policy reasons against imposing it (Glencar).

Contributory negligence

A claimant's failure to take reasonable care for their own safety, which reduces recoverable damages under s.34 of the Civil Liability Act 1961.

Res ipsa loquitur

The thing speaks for itself: where an accident is of a kind that ordinarily does not occur without negligence and the defendant controlled the situation, negligence may be inferred.

Vicarious liability

An employer's strict liability for torts committed by an employee acting in the course of employment, even without personal fault by the employer.

Registration of title

The system under the Registration of Title Act 1964 whereby ownership of land is recorded on a State register; registration became compulsory in all counties from 1 June 2011.

Bona fide purchaser

A purchaser who buys in good faith, for value, and without notice of a prior interest. Such a purchaser may take free of unregistered interests.

Easement

A right enjoyed by one landowner over another's land, such as a right of way. It must be attached to a dominant tenement and accommodated by a servient tenement.

Adverse possession

Acquisition of title to land by continuous, open, and adverse occupation for the statutory period, typically twelve years under the Statute of Limitations 1957.

Direct effect

The capacity of EU law to be invoked by individuals before national courts. Regulations are directly applicable; directives may have vertical direct effect against the State.

Supremacy of EU law

Established in Costa v ENEL: EU law prevails over conflicting national law within the areas of conferred competence, and national courts must disapply inconsistent provisions.

Francovich liability

The principle that a Member State may be liable to compensate individuals for loss caused by its failure to transpose a directive that would have conferred rights.

Preliminary reference

The procedure under Article 267 TFEU by which a national court may or must ask the Court of Justice of the EU to interpret EU law or rule on its validity.

Ultra vires

A doctrine of judicial review: a public body acts ultra vires when it exceeds the powers conferred on it by statute, and its decision may be quashed.

Judicial review

Supervisory jurisdiction of the High Court over public decision-making, concerned with legality, rationality, and procedural fairness rather than the merits of the decision.

Locus standi

The legal capacity or standing to bring an action. In judicial review, the applicant must have sufficient interest in the matter to which the application relates.

Presumption of innocence

A constitutional and Convention right: every person charged with a criminal offence is presumed innocent until proven guilty according to law by the prosecution.

Habeas corpus

A remedy requiring a person detaining another to produce the detainee before a court and justify the detention; it protects against unlawful deprivation of liberty.

Exclusion of evidence

A court may exclude evidence obtained in deliberate and conscious breach of constitutional rights, where exclusion is necessary to protect constitutional rights (Hegarty v Ireland).

IRAC method

A legal problem-solving structure: identify the Issue, state the relevant Rule, Apply the rule to the facts, and reach a Conclusion.

Mens rea

The mental element of a criminal offence, such as intention or recklessness, which must be proved alongside the actus reus for conviction.

Actus reus

The prohibited physical conduct or omission that constitutes the external element of a criminal offence, which must be proved by the prosecution.