CVLE Barrister Vocational Examination flashcards

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

Pre-action protocol

A Practice Direction setting out the steps parties should take before issuing a claim, including exchanging information and considering ADR; non-compliance may lead to costs sanctions.

Limitation period for contract

Six years from the date of breach for a simple contract, or twelve years for a contract under seal, under the Limitation Act 1980.

Default judgment

A judgment entered under CPR 12 without a trial where the defendant has failed to respond to the claim, available only in specified circumstances.

Summary judgment

A judgment under CPR 24 where a party has no real prospect of succeeding or defending and there is no other compelling reason for a trial.

Standard disclosure

The disclosure obligation under CPR 31 requiring a party to disclose documents it relies on, documents adverse to its case, and documents supporting another party's case.

Balance of probabilities

The civil standard of proof, requiring the tribunal to be satisfied that the occurrence of an event is more likely than not.

Turnbull guidelines

The directions a judge must give a jury on the special need for caution when identification evidence is relied upon, including the weaknesses in that evidence.

Bad character

Evidence of a defendant's misconduct or other reprehensible behaviour, admissible under the gateways in s.101 Criminal Justice Act 2003.

Section 78 PACE

The discretion to exclude prosecution evidence where its admission would have such an adverse effect on the fairness of proceedings that it ought not to be admitted.

Indictable-only offence

A serious offence that can only be tried in the Crown Court, sent there under s.51 Crime and Disorder Act 1998 after a first appearance in the magistrates' court.

Custody time limit

The maximum period a defendant may be held in custody before trial, set by statute and extendable only on application to the court.

Allocation procedure

The process in the magistrates' court for either-way offences, deciding suitability for summary trial before the defendant elects where to be tried.

Hearsay in criminal proceedings

A statement made outside court relied on to prove the truth of its contents, admissible only through a recognised exception under the Criminal Justice Act 2003.

Cab-rank rule

The obligation on a barrister to accept instructions in a practice area they hold themselves out as practising, subject to specific exceptions in the BSB Handbook.

Duty to the court

The overriding obligation not to mislead the court, which prevails over the duty to act in the client's best interests.

Conflict of interest

A situation where the interests of two clients, or of the client and the barrister, diverge so that instructions cannot properly be accepted.

Referral fee prohibition

The rule that a barrister must not pay or receive any fee for the referral of instructions, to protect independence and the client's interests.

Confidentiality

The duty not to reveal information acquired in the course of professional work, which survives the end of the retainer and may be overridden only with consent or as required by law.

Examination in chief

The questioning of a party's own witness, normally using open questions, with leading questions permitted only on introductory or non-contentious matters.

Cross-examination

The questioning of an opponent's witness, typically using short leading questions, to test the evidence and put the client's case.

Voir dire

A trial within a trial conducted in the absence of the jury to determine a preliminary issue such as the admissibility of a confession.

Special measures

Protective arrangements for vulnerable or intimidated witnesses, such as screens or live links, applied for under the Youth Justice and Criminal Evidence Act 1999.

Re-examination

Questioning of a witness after cross-examination, limited to matters arising in cross-examination unless the court grants leave to raise new matters.

Material facts

The facts a party must plead to establish a cause of action or defence, as distinct from the evidence by which those facts will be proved.

Amending a statement of case

A change to pleadings, permitted without permission before service and afterwards only with the consent of all parties or the court's permission.

IRAC method

A writing structure setting out the Issue, the Rule, its Application to the facts, and a Conclusion, used to keep legal analysis focused.

Skeleton argument

A written summary of a party's submissions identifying the issues, facts, law and authorities relied on, filed and served before a hearing.

Witness statement

A written account in the witness's own words, in chronological order and first person, which stands as evidence in chief at trial.

Conference preparation

Reading the papers, identifying the issues and the client's objectives, and planning questions before meeting the client to advise.

Privileged discussion

A conference between a barrister and client is legally privileged, meaning it cannot be disclosed without the client's consent, subject to limited exceptions.

Client's instructions

The client decides the objectives of the case and whether to settle, while the barrister advises on the means and the risks.

Written opinion structure

A document setting out the facts, issues, law, application and conclusion, with a clear recommendation and any further information needed.