AP LAWCET key terms

A decision by a higher court that lower courts must follow when deciding later cases with similar facts. It gives consistency to judicial decisions and forms the basis of the doctrine of stare decisis.

The principle that courts should stand by earlier decided cases and not disturb settled points of law. It promotes certainty and predictability in the legal system, though higher courts may overrule outdated precedent.

The essential legal reasoning or principle on which a court's decision rests. Only this binding part of a judgment must be followed as precedent in later similar cases.

Remarks made by a judge that are not necessary for deciding the case. Such observations are persuasive only, not binding, and later courts may accept or reject them.

The guilty mind or mental element of a crime, such as intention, knowledge, or recklessness. Prosecution must generally prove both the prohibited act and this mental state for criminal liability.

The physical element of a crime, meaning the prohibited act, omission, or state of affairs. It must be voluntarily performed and combined with the guilty mind to constitute an offence.

Legal responsibility for a crime, arising when the required physical act and mental state are proved together, without any valid defence such as insanity or private defence.

A civil wrong, independent of contract, that causes harm or injury to another person and gives the victim a right to claim damages or other remedies in a civil court.

Failure to exercise the degree of care that a reasonable person would take in the circumstances. It requires a duty of care, breach of that duty, causation, and resulting damage.

Monetary compensation awarded by a court to a person who has suffered loss or injury due to another's wrongful act. It aims to restore the injured party to their prior position.

A matter already finally decided by a competent court cannot be relitigated between the same parties. It prevents multiplicity of suits and protects the finality of judgments.

The right of a person to bring a case before a court because they have a sufficient legal interest or have suffered a direct injury in the matter.

A petition filed in court for the protection of public interest, often by a public-spirited citizen rather than the affected party. Courts relax ordinary standing rules to hear such cases.

A formal written order issued by a court commanding a person or authority to do or refrain from doing something. High Courts and the Supreme Court issue writs to enforce fundamental rights.

A writ demanding that a person detained be brought before the court so the legality of the detention can be examined. It protects personal liberty against unlawful imprisonment.

A writ directing a public authority or official to perform a legal duty that they have failed or refused to perform, where no other adequate remedy exists.

A writ issued by a higher court to quash an order already passed by a lower court or tribunal that acted without jurisdiction or in violation of natural justice.

Basic rights guaranteed to citizens and persons under the Constitution, such as equality, freedom of speech, and life and liberty. They are enforceable through writ petitions in courts.

Guidelines in the Constitution directing the state to promote social and economic welfare. They are not directly enforceable in courts but are fundamental in governance and law-making.

The legal authority of a court to hear and decide a particular type of case or a case arising in a particular territory. A decision made without jurisdiction is generally void.

An agreement enforceable by law, formed by offer, acceptance, lawful consideration, capacity of parties, free consent, and a lawful object. Breach of contract gives rise to civil remedies.

The two essential steps of forming an agreement: one party proposes terms and the other agrees to them unconditionally. Acceptance must be communicated to the offeror to be effective.

Something of value given by each party in exchange for the other's promise, such as money, goods, or services. Without lawful consideration, an agreement is generally not enforceable as a contract.

A form of logical reasoning in which a conclusion is drawn from two given premises. Questions often ask which conclusion necessarily follows from the stated statements.

Reasoning that moves from general statements or premises to a specific, logically certain conclusion. If the premises are true and the form valid, the conclusion must be true.

Reasoning that moves from specific observations or examples to a general conclusion or pattern. The conclusion is probable rather than certain, unlike deduction.

A reasoning task identifying a relationship between one pair of items and applying the same relationship to another pair, often expressed as A is to B as C is to D.

A reasoning task in which a sequence of numbers, letters, or figures follows a hidden rule, and the candidate must identify the next term or the missing element.

A reasoning problem where words or numbers are written in a code according to a rule, and the candidate must decode a given word or encode a new one using that rule.

Reasoning puzzles that describe family relationships through statements or a diagram, and ask the candidate to determine how two persons are related to each other.

A reasoning task involving movement in directions such as north, south, east, and west, asking for final position, distance, or direction relative to the starting point.

The skill of reading tables, bar charts, pie charts, or line graphs, and answering questions that require calculation of percentages, averages, ratios, or trends from the data.

The fundamental law of a country that establishes the structure of government, distributes powers, and guarantees rights. All other laws must conform to it and are invalid if inconsistent.

The division of state authority among the legislature, executive, and judiciary so that no single organ exercises all powers, creating checks and balances within the government.

The power of courts to examine laws and executive actions and declare them invalid if they violate the Constitution. It is a key check protecting constitutional supremacy and fundamental rights.

A system of government in which power is divided between a central authority and constituent units such as states, each having its own defined sphere of legislative and executive authority.

The principle that everyone, including the government, is subject to the law, that laws are applied equally, and that no one can be punished except for a breach of law established through proper procedure.

Basic entitlements inherent to all persons regardless of nationality, sex, or religion, such as life, liberty, and freedom from torture, protected by national constitutions and international instruments.

A formal change to the text of a constitution or statute, carried out through the procedure prescribed in the constitution itself, such as a special majority in the legislature.