AP Civil Judge Exam key terms

A bar preventing a party from suing again on a matter already decided by a competent court between the same parties, so that final judgments are not endlessly relitigated.

The rule that a ground of defence or attack that was available and ought to have been raised in an earlier suit cannot be raised later, even if it was not actually pleaded.

The formal expression of an adjudication that conclusively determines the rights of the parties in a suit, and which may be preliminary or final in nature.

A proceeding heard or decided in the absence of one party, typically after that party failed to appear despite proper service of notice.

Residual authority preserved to courts to make orders necessary for the ends of justice or to prevent abuse of process, exercisable where no specific provision applies.

The guilty mental state required for most offences, such as intention, knowledge, or recklessness, which must accompany the prohibited act.

The external physical element of an offence, comprising the conduct, circumstances, and consequences prohibited by law, as distinct from the offender's mental state.

A standard under which an accused is held responsible without proof of a guilty mental state, subject to limited defences such as mistake of fact in some statutes.

Release of an accused person from custody, with or without sureties or conditions, pending trial or appeal, 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 offence be released on bail if arrested.

An offence for which a police officer may arrest without a warrant and may investigate without the magistrate's prior order, as classified in the procedural code.

The final report filed by police before the magistrate after investigation, setting out the offences, evidence collected, and the accused persons proposed to be prosecuted.

The obligation of a party to establish a fact by evidence to the required standard; it may be the legal burden fixed by law or the evidential burden of raising an issue.

The degree of persuasion required to discharge the burden of proof, such as proof beyond reasonable doubt in criminal cases and preponderance of probabilities in civil cases.

A rule allowing a court to infer a fact from another established fact; presumptions may be conclusive, rebuttable, or merely permissive, depending on the governing provision.

A statement made by a person as to the cause of their death or the circumstances of the transaction resulting in it, admissible even though the maker cannot be cross-examined.

An out-of-court assertion offered to prove the truth of its content, generally inadmissible unless it falls within a recognised exception such as dying declaration.

The principle that Parliament's amending power cannot destroy the essential features of the Constitution, such as judicial review, federalism, and the rule of law.

The power of courts to examine legislative and executive action for conformity with the Constitution and to declare inconsistent action void.

A constitutional or statutory command directing a public authority to perform a public duty it has refused or failed to perform, available where no other remedy suffices.

The legal capacity of a person to bring a matter before a court, based on a sufficient interest in the subject matter; public interest litigation relaxes it in some situations.

The principle that everyone, including the state, is subject to law administered by ordinary courts, that law is prospective and clear, and that discretion is constrained.

Two core procedural safeguards: the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua).

A school holding that law is a social fact defined by its sources and validity criteria, not necessarily by its moral content, though morality may influence interpretation.

An interpretive approach that gives words their ordinary meaning unless that produces absurdity or inconsistency, in which case the court modifies the meaning to avoid the absurdity.

An interpretive approach applying the plain, ordinary meaning of statutory words even where the result appears harsh, provided the meaning is clear.

An interpretive approach identifying the defect or mischief the statute was enacted to remedy and construing the provision to suppress that mischief.

The legal principle or rule, based on the material facts, on which a court's decision rests; it binds lower courts as precedent.

Observations or remarks in a judgment that are not necessary to the decision; they carry persuasive weight but are not binding precedent.

The doctrine that courts should stand by decided cases and follow precedent, promoting certainty and consistency, subject to exceptions for manifest error or changed law.

Something of value given in return for a promise, which must be real, lawful, and not past, and which makes an agreement enforceable as a contract.

Consent given without coercion, undue influence, fraud, misrepresentation, or mistake; absence of free consent makes a contract voidable at the aggrieved party's option.

The rule that only parties to a contract may sue or be sued on it, subject to statutory and common-law exceptions such as trusts and agency.

A document such as a cheque, bill of exchange, or promissory note that represents a right to payment and is freely transferable by delivery or endorsement.

A transferee who takes a negotiable instrument for value, in good faith, and without notice of defects, and so acquires better title than the transferor.

The state of being unable to pay debts as they fall due; it triggers statutory resolution or bankruptcy proceedings aimed at orderly distribution or rehabilitation.

A standard in hazardous-activity cases where an enterprise is liable for harm regardless of care taken, with no exceptions such as act of God available.

Under consumer protection law, a shortfall or inadequacy in the quality, nature, or manner of performance of a service the consumer was entitled to receive.

A court-ordered payment by a spouse or relative for the support of a dependent, governed by personal law and by secular provisions applicable to all.

A decree requiring a spouse who has withdrawn from the other without reasonable excuse to resume cohabitation, enforceable by attachment or other means.

A disagreement between employers and workers, or among workers, connected with employment, terms of service, or conditions of labour of any person.

Negotiation between an employer and a recognised union over wages, working conditions, and related matters, often producing binding agreements or settlements.

An environmental principle requiring preventive action where there is credible threat of serious harm even without full scientific certainty, shifting the burden to the proponent.

An environmental principle making the party responsible for pollution bear the costs of preventing, controlling, and remedying it, including restoration of the environment.