King's Inns Entrance Examination key terms

The legal principle or rule that a court's decision actually rests on. It is the part of a judgment that binds lower courts in later cases with materially similar facts.

A remark or opinion expressed by a judge that is not necessary to the decision reached. It is persuasive only and does not bind later courts, though it may influence them.

The doctrine that courts should stand by decided matters and follow earlier rulings of superior courts. It gives certainty and consistency to the common law, subject to limited exceptions.

A previous judicial decision treated as an authority for deciding later cases involving similar facts or legal issues. Precedent may be binding or merely persuasive depending on the court that made it.

A decision that a court is not obliged to follow but may consider, such as a ruling from a lower court, a foreign court, or a dissenting judgment. Its weight depends on reasoning and reputation.

The ranked structure of courts determining which decisions bind which others. A lower court must follow rulings of courts above it in the same system but not those below or beside it.

The legal authority of a court to hear and decide a case, or the geographical area over which that authority extends. It may also refer to a court's power over a particular subject matter.

The set of facts and legal grounds that entitle a person to sue for a remedy. It defines the claim being brought and is distinct from the procedural steps used to pursue it.

The party who initiates a civil action by bringing a claim against another person. In criminal proceedings the equivalent initiating party is usually the prosecution on behalf of the State.

The party against whom a civil claim or criminal charge is brought and who must answer it. In criminal cases the defendant is the accused person responding to the prosecution.

The obligation on a party to prove the facts it asserts to the required standard. In criminal trials it generally rests on the prosecution; in civil cases it usually rests on the claimant.

The degree of certainty a party must reach to discharge the burden of proof. Criminal cases require proof beyond reasonable doubt; civil cases require proof on the balance of probabilities.

The high standard of proof the prosecution must meet in a criminal trial. It requires the fact-finder to be satisfied so that it is sure of guilt.

The civil standard of proof, requiring the fact-finder to conclude that an allegation is more likely than not to be true. It is a lower threshold than the criminal standard.

The principle that a person charged with a crime is treated as innocent until the prosecution proves guilt to the required standard. It underpins fair trial rights and the prosecution's burden.

The external physical element of a criminal offence, such as conduct, circumstances, or consequences. It is distinct from the mental element and both must usually be proved.

The mental element of a criminal offence, such as intention, recklessness, or knowledge. The prosecution must prove it alongside the actus reus unless the offence imposes strict liability.

Liability imposed without proof of any mental element, so that the defendant is guilty on proof of the prohibited act alone. It is common in regulatory and statutory offences.

A failure to act, which generally gives rise to criminal liability only where the law imposes a duty to act. Such duties may arise from statute, contract, relationship, or assumption of responsibility.

The link that must be shown between a defendant's conduct and the prohibited result. It usually requires both factual causation and that the conduct was a legal or operative cause.

Something of value given by each party to a contract in exchange for the other's promise. It is a core requirement for a binding contract in the common law tradition.

The process by which a contract is formed: one party proposes terms and the other agrees to them unconditionally. A purported acceptance that changes terms is generally a counter-offer.

The requirement that the parties intend their agreement to have legal consequences. It is presumed in commercial dealings but often presumed absent in social or domestic arrangements.

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

A tort requiring proof of a duty of care owed by the defendant, breach of that duty, and damage caused by the breach. The damage must also be of a kind the law recognises.

A legal obligation to take reasonable care to avoid causing foreseeable harm to others. Whether a duty exists is a question of law, distinct from whether it was breached.

A body of principles developed historically to temper the rigidity of the common law and provide remedies where damages were inadequate. It operates alongside, and now largely supplements, the common law.

Law developed by judges through decisions in individual cases rather than by statute. It forms a body of precedent that applies alongside legislation and equity.

A law enacted by a legislature, such as an Act of the Oireachtas, which takes precedence over inconsistent judge-made law. Courts interpret statutes and may strike down unconstitutional provisions.

The process by which courts determine the meaning of legislation and apply it to facts. Approaches include literal, purposive, and mischief-based methods, often guided by interpretation Acts.

An equitable arrangement in which a trustee holds property for the benefit of another person. The trustee owes fiduciary duties, and beneficial ownership is separated from legal title.

A duty of loyalty and good faith owed by a person entrusted with another's interests, requiring them to act honestly and avoid conflicts. It arises in relationships such as trustee and beneficiary.

An equitable court order requiring a party to do or refrain from doing a specified act. It is discretionary and generally available only where damages would be an inadequate remedy.

A monetary sum awarded by a court to compensate a claimant for loss caused by another's wrongdoing. The aim is usually to place the claimant in the position they would have occupied.

The relief a court grants to a successful party, such as damages, an injunction, or specific performance. Remedies may be legal or equitable and are often discretionary.

Literally 'beyond the powers'. It describes an act done without legal authority, such as a decision by a body exceeding the powers granted to it by statute or its constitution.

The process by which a court examines the lawfulness of a decision by a public body. It addresses legality, procedural fairness, and rationality rather than the merits of the decision.

A legal remedy requiring a person detaining another to bring them before a court and justify the detention. It protects against unlawful imprisonment and is a fundamental safeguard of liberty.

The constitutional principle dividing state authority among legislature, executive, and judiciary. Each branch has distinct functions, and courts generally do not review the merits of policy decisions.

The principle that everyone, including the State, is subject to the law and that laws should be clear, prospective, and applied equally. It underpins constitutional government and fair administration.