JBA Admission Exam key terms

The power of courts to examine laws, regulations, or government actions and declare them invalid if they conflict with the constitution or higher legal norms.

The principle that the constitution is the highest law, and any statute, regulation, or official act inconsistent with it is invalid and unenforceable.

The constitutional guarantee that the government will not deprive a person of life, liberty, or property without fair procedures and substantive justification.

The legal right of a party to bring a lawsuit, requiring a concrete injury, causation, and redressability, or a specific statutory authorization.

The ability of a person to enter into legally binding transactions and to bear rights and obligations, which may be limited by age, mental condition, or court order.

The legal ability to enter into a valid contract, which requires the party to understand the nature and consequences of the agreement.

A standard of conduct requiring honesty in fact and fair dealing, often implied in contracts and legal proceedings to prevent unfair advantage.

A legal obligation of one party to act in the best interest of another, requiring loyalty, confidentiality, and avoidance of conflicts of interest.

A legal relationship in which a person is appointed by a court to make decisions for another who lacks legal capacity, such as a minor or incapacitated adult.

The physical element of a crime, consisting of a voluntary act or omission that causes a prohibited result.

The mental element of a crime, referring to the defendant's state of mind, such as intent, knowledge, recklessness, or negligence.

The link between a defendant's conduct and a prohibited result, requiring both factual cause (but-for) and legal (proximate) cause.

The principle that a person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt by the prosecution.

The obligation of a party to prove a fact or claim, often requiring the prosecution to prove guilt beyond a reasonable doubt in criminal cases.

The standard of proof in criminal trials, requiring the evidence to be so convincing that no reasonable person would hesitate to act on it.

An organization or artificial person, such as a corporation, that has legal rights and obligations separate from its owners or members.

A legal doctrine allowing courts to hold shareholders personally liable for a corporation's debts when the corporate form is abused, such as for fraud or commingling.

A business structure feature that protects owners' personal assets from the debts and liabilities of the business, typically available to corporations and limited liability companies.

A person or entity entrusted with managing another's assets or interests, who is legally required to act in that person's best interest.

The authority of a court to hear and decide a case, which may be based on subject matter, geographic location, or the parties involved.

The geographic location where a case should be heard, typically the county or district where the cause of action arose or where a party resides.

A doctrine preventing the same parties from relitigating a claim that has already been finally decided by a competent court.

A doctrine barring a party from relitigating an issue that was actually litigated and determined in a prior case, even if the second case involves a different claim.

The pretrial phase in which parties exchange information and evidence, such as documents and witness statements, to prepare for trial.

A court order compelling a person to appear as a witness or to produce documents or other evidence in a legal proceeding.

The authority of an administrative agency to make choices among possible actions, based on its expertise, within the limits of the law.

An act performed beyond the legal authority of an entity or official, which may be invalidated by a court.

A principle requiring that government action be necessary and not excessive in relation to the aim pursued, often used in administrative and constitutional review.

A situation in which a person's personal interests or loyalties could improperly influence their professional judgment, requiring disclosure or recusal.

A rule protecting confidential communications between a lawyer and client from compelled disclosure, encouraging full and frank legal advice.

The ethical duty of a lawyer to provide legal services with the knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

A legal writing and analysis framework: Issue, Rule, Application, and Conclusion, used to structure legal arguments and exam answers.

The process of applying legal rules to facts, using deductive and analogical reasoning, to reach a legal conclusion.

A prior judicial decision that serves as an authority for deciding subsequent cases with similar facts or legal issues.

The process by which courts determine the meaning of legislation, using methods such as textual analysis, legislative history, and purpose.