King's Inns Diploma key terms

The doctrine that courts must follow legal rules established in earlier decisions of higher courts in the same hierarchy, promoting consistency and predictability, while allowing higher courts to depart from their own precedents in limited circumstances.

The essential legal reasoning on which a court's decision rests. Only this binding part of a judgment must be followed by lower courts in later cases involving materially similar facts.

A remark or opinion expressed by a judge that is not necessary to the decision reached. Such observations are persuasive only and do not bind later courts, though they may carry weight depending on the judge and court.

A previously decided case that provides guidance for deciding later cases with similar facts. Precedents may be binding, where a higher court in the same hierarchy ruled, or merely persuasive, as with foreign or lower court decisions.

A decision that a court is not obliged to follow but may consider influential, such as rulings from courts in other jurisdictions, obiter statements, or decisions of lower courts in the same system.

The body of law developed through judicial decisions rather than legislation, originating in the English royal courts. It operates alongside statute and equity in the Irish legal system.

A distinct body of principles developed historically by the Court of Chancery to soften the rigidity of the common law, providing remedies such as injunctions and specific performance where damages would be inadequate.

Law enacted directly by the Oireachtas in the form of Acts, which are the highest-ranking source of domestic law. Acts may be challenged only on limited constitutional grounds and prevail over inconsistent subordinate rules.

Rules, regulations, orders, and bylaws made by a body or minister under authority granted by a parent Act. Such instruments are valid only within the powers conferred and may be struck down if ultra vires.

Literally 'beyond the powers'. A description of an act or decision taken by a public body or subordinate lawmaker that exceeds the authority granted by statute or the constitution, rendering the measure invalid.

The fundamental law of the State, adopted by plebiscite in 1937. It establishes institutions of government, fundamental rights, and the framework within which all other laws must operate.

The principle that an Act of the Oireachtas is presumed to be consistent with the Constitution unless the contrary is clearly demonstrated. Courts resolve doubts in favour of validity and consider only the challenged provision.

The jurisdiction of the High Court to examine the legality of decisions and actions of public bodies, including whether they acted within their powers, observed fair procedures, and respected constitutional or legal requirements.

A judicial review remedy by which the High Court quashes an unlawful decision of an inferior tribunal or public body, sending the matter back for reconsideration where appropriate.

A judicial review order compelling a public body or official to perform a legal duty that it has failed or refused to carry out, where no adequate alternative remedy exists.

Two core procedural safeguards in administrative decision-making: the right to be heard (audi alteram partem) and the rule against bias (nemo iudex in causa sua). Breach may render a decision invalid.

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

The national parliament of Ireland, comprising the President and two Houses: Dáil Éireann and Seanad Éireann. It enacts primary legislation and exercises the legislative power of the State.

A civil wrong, independent of contract, that causes harm for which the injured party may claim damages. Common examples include negligence, trespass, defamation, and nuisance.

A tort requiring proof that the defendant owed a duty of care, breached that duty, and caused damage that was not too remote. It is the most significant area of civil liability in practice.

A legal obligation to take reasonable care toward others who could foreseeably be harmed by one's conduct. Its existence is determined by established categories or by the incremental application of principle.

The requirement in tort that the defendant's breach caused the claimant's damage. It involves factual causation, often tested by the 'but for' question, and legal causation, which excludes remote consequences.

The limiting principle that a defendant is liable only for damage of a kind reasonably foreseeable as a consequence of the breach, even if the extent or manner of the harm was not anticipated.

A defence that reduces a claimant's damages where their own carelessness contributed to the harm suffered. The court apportions responsibility and adjusts the award accordingly.

A legally enforceable agreement between two or more parties involving offer, acceptance, consideration, and an intention to create legal relations. Breach gives rise to remedies such as damages or specific performance.

The foundational mechanism of contract formation: a definite promise made by one party (the offer) is unconditionally agreed to by another (the acceptance), producing a binding agreement once other requirements are met.

Something of value exchanged between contracting parties, such as a promise, payment, or forbearance. It must be sufficient in law but need not be adequate, and past consideration is generally not valid.

An equitable remedy ordering a party to perform its contractual obligations, typically granted where damages would be inadequate, such as contracts for the sale of unique land or goods.

A court order requiring a party to do or refrain from doing a specified act. It may be prohibitory or mandatory, and interim or interlocutory, and is an equitable remedy granted at the court's discretion.

The conditions under which a person may be convicted of an offence: the prohibited act or omission (actus reus) combined with the required mental element (mens rea), absent any valid defence.

The external or physical element of a crime, comprising the conduct, circumstances, and consequences specified in the offence definition. It may include omissions where a legal duty to act exists.

The mental element of an offence, such as intention, knowledge, or recklessness. Its precise meaning depends on the wording of the offence and determines the level of culpability required for conviction.

The obligation of a party to prove a fact or issue in dispute. In criminal trials the prosecution must prove guilt beyond reasonable doubt; in civil cases the moving party must satisfy the balance of probabilities.

The degree of certainty required to discharge the burden of proof. Criminal cases demand proof beyond reasonable doubt, while civil proceedings require proof on the balance of probabilities.

The authority of a court or tribunal to hear and determine a particular dispute, determined by factors such as the parties, the subject matter, and the geographical reach of the law.

The ranked structure of courts in which higher courts hear appeals from lower ones and their decisions bind those below. In Ireland this ranges from the District Court to the Supreme Court.

The right of a party to bring a legal action because they have a sufficient interest in the matter. Standing rules limit litigation to those directly affected, though exceptions exist for public interest cases.

The process by which courts determine the meaning of legislation. Approaches include literal, purposive, and contextual methods, informed by presumptions and aids such as the long title and marginal notes.