Liberian Bar Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Supremacy Clause (Liberia)

Article 2 provides that the Constitution is the supreme and binding law; any statute, treaty, or executive action inconsistent with it is void to the extent of the inconsistency.

Article 27(b) citizenship rule

Liberian citizenship by birth or naturalization is confined to persons who are Negroes or of Negro descent, a limitation written into the 1986 Constitution.

Habeas corpus 48-hour rule

Under Article 14 an arrested person must be told the cause of arrest and brought before a judicial officer within 48 hours; unlawful detention is challenged by habeas corpus.

Legislative and presidential terms

Liberia's Legislature has 30 senators, two per county serving nine-year terms, and 73 representatives serving six-year terms; the President serves six years, limited to two terms.

Grand jury indictment

A capital or infamous crime must be prosecuted by grand jury indictment, while lesser offenses proceed by information; the right is stated in Chapter III of the Constitution.

Voluntariness of a confession

A confession is admissible only if the prosecution shows it was given freely, without force, threats, or promises; the trial judge decides voluntariness in a hearing outside the jury's presence.

Mens rea levels in Penal Law

Liberian Penal Law follows the Model Penal Code in grading culpability as purposeful, knowing, reckless, or negligent; the mental state must attach to each material element of the offense.

Bill of exceptions

In Liberian appellate practice an appellant must announce the appeal at rendition of judgment and file a bill of exceptions assigning trial errors; omission forfeits Supreme Court review.

Default judgment

If a defendant fails to appear or plead within the time allowed after proper service, the court may enter judgment for the plaintiff, subject to a motion to set aside for good cause.

Summons and service

A civil action begins when the complaint is filed and a summons issues; the defendant must be served in a manner allowed by the Civil Procedure Law, and proof of service is filed with the court.

Statute of Frauds categories

Writing is required for land transfers, suretyship promises, contracts not performable within one year, and promises in consideration of marriage, among other categories inherited from English common law.

Anticipatory repudiation

When a party clearly indicates before performance is due that it will not perform, the other party may treat the contract as breached and sue immediately without waiting for the performance date.

Expectation damages

The standard contract remedy puts the injured party in the position performance would have produced, covering the value of the promised performance plus foreseeable consequential losses, subject to mitigation.

Elements of negligence

A plaintiff must prove a duty of care owed, breach of that duty measured by the reasonable person standard, actual and proximate causation, and legally recognizable injury.

Res ipsa loquitur

Where an injury-causing instrumentality was under the defendant's exclusive control and the accident would not ordinarily occur without negligence, the factfinder may infer negligence without direct proof.

Public figure actual malice

A public official or public figure suing for defamation must prove the statement was false and made with knowledge of falsity or reckless disregard for the truth.

Fee simple absolute

The fullest estate in land, potentially infinite in duration, freely alienable, devisable, and inheritable, and not subject to termination by a future interest holder.

Deed registration and priority

Liberian conveyances must be written, acknowledged or probated, and registered in the Deeds Registry; registration establishes priority and protects the grantee against later inconsistent transfers.

Community Land Development and Management Committee

Body required by the 2018 Land Rights Law to govern community customary land, comprising elected members with mandated representation of women; it approves land use decisions.

Citizen-only land ownership

Fee title to Liberian real property is reserved to citizens; non-citizens may acquire only long-term leases or other limited interests, a rule enforced by the Lands Authority and the courts.

Public Land Sale Deed

Instrument by which government conveys state land to a qualified citizen purchaser after survey, payment, and Lands Authority approval; it must be probated and registered to perfect title.

Attested will formalities

A valid written will must be signed by the testator or an authorized person in the testator's presence and attested and subscribed by witnesses as Liberian probate practice requires.

Letters testamentary

Probate court order authorizing the named executor to administer the decedent's estate, collect assets, pay debts, and distribute remaining property to beneficiaries under the will.

Best evidence rule

When a party seeks to prove the contents of a writing, recording, or photograph, the original must be produced unless a recognized exception such as loss or unavailability applies.

Dying declaration

A statement by a declarant who believed death imminent, concerning its cause or circumstances, is admissible in homicide prosecutions despite being hearsay, provided the declarant is unavailable.

Attorney-client privilege

Confidential communications between lawyer and client for the purpose of legal advice are protected from compelled disclosure unless the client waives the privilege or the communication furthers a crime.

Clean hands doctrine

A party seeking an equitable remedy must come to court without serious misconduct in the transaction at issue; otherwise the court may withhold discretionary relief even if the legal claim is strong.

Preliminary injunction standard

Courts weigh likelihood of success on the merits, irreparable harm absent relief, the balance of hardships, and the public interest before restraining conduct pending full trial.

Stare decisis in Liberia

Decisions of the Supreme Court bind all inferior Liberian courts on identical questions, and the Court itself departs from precedent only for compelling reasons.

Clearly wrong standard

The Supreme Court defers to a trial court's findings of fact and reverses only when the record shows those findings are clearly wrong or unsupported by the evidence.

Counsellor-at-law distinction

Liberia's profession has two tiers; attorneys may practice in the lower courts, while counsellors are admitted to the Supreme Court bar after additional qualification.

Client trust account

Funds held for a client must be kept in a separate, identified account, apart from the lawyer's own money, and accounted for promptly on request or at closing.