CVLE Attorney Vocational Examination key terms

A final judgment on the merits bars the same parties from relitigating the same claim or cause of action in a later suit, protecting the stability of judicial decisions.

Also called issue preclusion: a fact or legal issue actually litigated and decided in one case cannot be contested again by the same parties in a different case.

The obligation of a party to persuade the fact-finder that a disputed fact is true to the required standard, such as preponderance of the evidence or beyond reasonable doubt.

The degree of certainty the fact-finder must reach before deciding in favor of the party bearing the burden, ranging from reasonable suspicion through preponderance to proof beyond reasonable doubt.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless a recognized exception or exclusion applies.

Questioning of a witness by the opposing party after direct examination, used to test credibility, clarify testimony, and elicit favorable facts, often with leading questions permitted.

The initial questioning of a witness by the party who called the witness, normally using open, non-leading questions to establish the witness's account in a coherent sequence.

The principle that an accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt; doubt must be resolved in the accused's favor.

A maxim meaning that where the evidence leaves a genuine doubt about guilt, the court must decide in favor of the accused; it reinforces the prosecution's burden of proof.

The mental element of an offense, such as intent, knowledge, recklessness, or negligence, which must be proven alongside the prohibited act for criminal liability.

The external, physical element of an offense: the prohibited conduct, omission where a duty to act exists, or consequence that the criminal law forbids.

The link between conduct and a prohibited result; the conduct must be both a factual cause (but for the result) and a legally relevant cause of the harm.

The constitutional guarantee that the state must follow fair, lawful, and non-arbitrary procedures before depriving a person of life, liberty, or property.

A core procedural safeguard entitling an affected person to notice of the case against them and a genuine opportunity to present evidence and argument before a decision.

A test requiring that a state measure pursue a legitimate aim, be suitable and necessary for it, and not impose excessive burdens relative to the benefit achieved.

Literally 'beyond the powers': an administrative or corporate act is invalid when it exceeds the authority conferred by statute, charter, or governing instrument.

A party's legal right to bring a claim because it has a sufficient, direct, and personal interest in the outcome rather than a generalized grievance.

The requirement that a claimant generally pursue available agency review or appeal procedures before seeking judicial review of an administrative decision, subject to recognized exceptions.

A legal obligation of loyalty and care owed by a person entrusted with another's interests, requiring good faith, avoidance of conflicts, and no secret profit.

A presumption shielding directors from liability for good-faith decisions made on an informed basis, in the corporation's best interest, and free of conflicts or fraud.

A court's disregard of separate legal personality where shareholders abuse the corporate form, such as commingling assets or using it to evade obligations and defraud creditors.

The principle that shareholders are generally not personally liable for corporate debts beyond their invested capital, preserving separate legal personality of the company.

The doctrine that a corporation is a legal person distinct from its shareholders, capable of owning property, contracting, suing, and being sued in its own name.

Termination of employment in breach of the contract or statutory rules, for example without required notice, without cause where cause is needed, or in violation of procedure.

A statutory claim that a termination was substantively or procedurally unfair, judged against criteria such as valid reason, fair process, and proportionality of sanction.

A resignation treated as dismissal because the employer's fundamental breach of contract or intolerable conduct left the employee no reasonable alternative but to leave.

A situation where a lawyer's personal, financial, or other interest, or duty to another client, risks materially and adversely affecting the representation of a client.

A client's agreement to a course of action or to a conflict, given after full and fair disclosure of material facts, risks, and available alternatives, without coercion.

The evidentiary protection that keeps confidential communications between lawyer and client from compelled disclosure, encouraging full and candid legal consultation.

A fee arrangement in which payment depends on the outcome, typically a percentage of recovery, and which is regulated to prevent excessive or improper incentives.

An agreement engaging a lawyer's services, often with an advance payment held for future work; it defines scope, fee basis, and the professional relationship.

A formal written statement of a party's claims or defenses that frames the issues in dispute and gives the opposing party notice of the case to meet.

The set of facts and legal elements that entitle a claimant to seek a remedy; it defines the scope of the claim and supports preclusion rules.

A pretrial request that the court terminate a claim, typically because the pleading fails to state a legally sufficient claim or the court lacks jurisdiction.

A procedural device allowing one or more representative plaintiffs to litigate on behalf of a defined group with common issues, subject to certification and fairness safeguards.

A court's power to examine administrative or legislative acts for legality, jurisdiction, procedure, and consistency with higher law, and to quash unlawful decisions.

The doctrine that courts follow previously decided cases with materially similar facts, promoting consistency and predictability, subject to distinguishing or overruling.

A law setting the maximum time after a claim arises within which legal proceedings must be commenced, after which the claim is generally time-barred.