Malawi Law Examination key terms

A High Court order quashing a decision of an inferior tribunal or public body for excess of jurisdiction, error of law on the face of the record, or breach of natural justice.

Two minimum fair-hearing rules: no person may judge their own cause, and each side must be heard before a decision affecting them is made.

The hearing rule of natural justice: a person facing an adverse decision must be given notice of the case and a genuine opportunity to answer it.

Beyond the powers conferred by statute or the constitution; an act done without legal authority and therefore invalid and liable to be set aside.

High Court supervision of public decision-making, testing legality, rationality, procedural fairness and constitutionality rather than the merits of the decision itself.

A procedural or substantive entitlement arising where a public body's clear promise or consistent practice leads a person to expect fair treatment before a decision adverse to them.

Chapter IV of the Malawi Constitution, binding the executive, legislature and judiciary and protecting civil, political, economic and social rights enforceable in the High Court.

The principle that the Constitution is the supreme law, so any inconsistent legislation, custom or conduct is void to the extent of the inconsistency.

Section 44 of the Constitution, permitting only restrictions on rights that are prescribed by law, reasonable, recognised in a democratic society and proportionate to a legitimate aim.

The courts' obligation under section 11 of the Constitution to interpret legislation so as to promote the values and rights of the Constitution wherever the text reasonably allows.

A test asking whether a restriction on a right is suitable, necessary and not excessive in achieving a legitimate aim, weighing the harm to the right against the public benefit.

A plea barring retrial of an accused for the same offence after a previous acquittal or conviction by a competent court, protecting against double jeopardy.

A formal notice by the Director of Public Prosecutions discontinuing a prosecution; it is not an acquittal, so fresh proceedings may later be brought.

Subordinate court proceedings in which the evidence is examined to decide whether a person charged with an indictable offence should stand trial in the High Court.

The mental element of an offence - intention, recklessness, knowledge or negligence - which must be proved alongside the prohibited act for a conviction.

The external conduct element of an offence: the prohibited act, omission or state of affairs, including any required result and causation.

The obligation to prove a fact or issue; in criminal cases the prosecution must prove guilt beyond reasonable doubt, while civil cases require proof on a balance of probabilities.

An out-of-court assertion tendered to prove its truth; generally inadmissible unless it falls within a recognised exception such as dying declarations or admissions.

A right to withhold evidence or refuse to answer; legal professional privilege protects confidential lawyer-client communications, while other privileges protect certain relationships and state matters.

Something of value given by each party in exchange for the other's promise, making an agreement enforceable; it must not be past and must move from the promisee.

The rule that only parties to a contract may sue on it or have it enforced against them, subject to statutory and equitable exceptions.

The two-step formation process: a definite proposal becomes a binding agreement when unqualified acceptance is communicated to the offeror.

A false statement of fact made before contracting that induces the other party to enter the agreement, giving remedies in rescission and, where fraudulent or negligent, damages.

Equitable doctrine allowing a contract to be set aside where one party's will was overcome by pressure or a relationship of trust and confidence was abused.

The legal relationship between parties giving rise to an obligation to take reasonable care to avoid foreseeable harm to a foreseeable neighbour.

A civil wrong requiring proof of a duty of care, breach of that duty, and damage that is not too remote, subject to statutory and common law defences.

An employer's strict responsibility for wrongful acts committed by an employee in the course of employment, even without fault by the employer.

Acquisition of title to land by long, open, peaceable and exclusive occupation inconsistent with the owner's rights, subject to statutory periods and exceptions.

An estate in land held for a fixed term under a lease, carrying rights of exclusive possession and obligations to pay rent and observe covenants.

The registered document issued under the land registration system evidencing the registered proprietor's title to a parcel of land and its encumbrances.

A notice lodged with the Registrar of Lands warning that a person claims an interest in the land, preventing registration of dealings without notice to the caveator.

A security interest created over property, commonly land or shares, entitling the chargee to enforce against the property on default of the secured obligation.

A company charge over a shifting class of present and future assets that crystallises on default, liquidation or specified events, ranking behind fixed charges.

The winding up of a company's affairs, realising assets, paying creditors in statutory order and distributing any surplus before dissolution.

Historically, acts beyond the objects clause of a company; modern company law largely abolishes this constraint, but directors still need authority for transactions.

The obligation of directors and agents to act in good faith and in the best interests of the company, avoiding conflicts of interest and unauthorised personal profit.

A situation where a lawyer's or director's personal, financial or other interest may improperly influence the discharge of duties owed to a client or company.

Distribution of a deceased person's estate according to statute where no valid will exists, following fixed shares for spouse, children and dependants.

The mental ability to make a valid will: understanding the nature of the act, the extent of property, and the claims of those reasonably entitled.

A marriage contracted under customary law, recognised by statute, with requirements of consent and family involvement and consequences for property and succession.

A final decision on the merits bars the same parties from relitigating the same cause of action or issue in later proceedings.