AIBE key terms

A rule barring a party from relitigating a claim already decided on the merits by a competent court, preventing the same dispute from being reopened in later proceedings between the same parties.

A rule requiring a party to raise all grounds of attack or defence in one suit, so that matters that could have been decided but were not cannot be raised later.

The legal right of a person to bring a matter before a court because that person has a sufficient, direct stake in the outcome of the dispute.

Proceedings brought before a court not to enforce a private right but to vindicate a public or collective interest, often relaxed as to standing and procedure to secure access to justice.

An application invoking a constitutional court's power to issue directions to protect fundamental rights or to restrain excess of authority, commonly seeking habeas corpus, mandamus, prohibition, certiorari or quo warranto.

A judicial order commanding the person detaining another to produce that person before the court and justify the detention, used to test the legality of custody.

A judicial command directing a public authority or inferior tribunal to perform a legal duty that it has unlawfully refused or failed to perform, available only where no other adequate remedy exists.

A judicial order quashing a decision of an inferior tribunal or authority that has acted without jurisdiction, exceeded its powers, or committed an error of law apparent on the record.

Minimum procedural standards requiring that a person affected by a decision be given a fair hearing and that the decision-maker be free from bias, applied to administrative and quasi-judicial bodies.

The principle that no person should be condemned unheard, requiring notice of the allegations and a genuine opportunity to respond before an adverse decision is taken.

A formal communication calling on a person to explain why a proposed action should not be taken against them, forming the first step in a fair procedure.

The pleading by which a plaintiff initiates a civil suit, setting out the facts constituting the cause of action, the relief claimed and the court's jurisdiction.

The defendant's pleading responding to the plaint, admitting or denying the plaintiff's allegations and raising defences, set-off or counterclaims as permitted.

The bundle of facts that, if proved, would entitle the plaintiff to the relief sought; it determines whether a suit is maintainable and where it may be filed.

The formal expression of an adjudication that conclusively determines the rights of the parties to a suit, whether by dismissal or otherwise, and from which an appeal may lie.

A proceeding by which a party aggrieved by a decision asks a higher court to review and reverse or modify it, ordinarily on law and on facts as the statute allows.

A supervisory power exercised by a higher court to examine the legality or propriety of a subordinate court's order, narrower than an appeal and not a matter of right.

The statutory period within which a proceeding must be instituted; expiry ordinarily extinguishes the remedy, though it may be extended on grounds such as fraud or acknowledgement.

The stage in a criminal trial where the court, on considering the prosecution materials, states in writing the specific accusations the accused must answer at trial.

A formal written statement of the accusation against an accused, giving the offence, the time and place, and the particulars needed to enable a defence.

The release of an accused from proceedings before trial where the material on record does not disclose sufficient grounds to proceed against that person.

The release of an arrested or accused person pending investigation or trial, on conditions and usually against security, on the court's assessment of flight risk and other factors.

Pre-arrest protection granted by a court directing that a person apprehending arrest in a non-bailable case be released on bail if arrested, subject to stated conditions.

An offence for which a police officer may arrest without a warrant and may begin investigation without the order of a magistrate.

The earliest record by police of information about the commission of a cognizable offence, which sets the investigation in motion and is generally disclosable to the accused.

The final report filed by police before the magistrate after investigation, stating whether an offence appears made out and listing witnesses and documents relied on.

A free and voluntary agreement to an act, which under contract law must be free from coercion, undue influence, fraud, misrepresentation or mistake to bind the parties.

Agreement given without coercion, undue influence, fraud, misrepresentation or mistake as to a matter essential to the agreement, making a contract voidable at the aggrieved party's option.

Something of value given or promised by each party in exchange for the other's promise; a contract without consideration is generally unenforceable unless it falls within a recognised exception.

An agreement enforceable at the option of one or more parties but not at the option of the other, typically because consent was defective or a party was a minor.

An agreement that is not enforceable by law at all, so that it creates no rights and obligations and cannot be validated by the parties' later conduct.

The mental element of an offence - intention, knowledge, recklessness or negligence - which must accompany the prohibited act for criminal liability, subject to statutory exceptions.

The prohibited physical act or omission constituting the external element of an offence, which must be proved together with the required mental state.

An agreement between two or more persons to commit an unlawful act, or to do a lawful act by unlawful means, punishable even where the object is not carried out.

A constitutional principle holding that certain foundational features of the constitution cannot be destroyed by amendment, even by a supermajority, though they may be modified.

The power of courts to examine legislative and administrative action for conformity with the constitution and to declare inconsistent action invalid.

The authority of the legislature to alter the constitution under the prescribed procedure, exercised within limits such as those set by the basic structure doctrine.

The legal principle or rule on which a court's decision rests; it is the binding element of a precedent in later cases with materially similar facts.

Observations in a judgment that are not necessary to the decision; they carry persuasive weight but are not binding on later courts.

The doctrine that courts should stand by decided matters, following earlier rulings of higher courts in the same hierarchy to ensure certainty and consistency in the law.