PDRM Exam key terms

A set of facts giving a person the legal right to sue another party and seek a remedy in court. It must be pleaded with enough detail to show a recognised legal wrong.

The pleading in which a plaintiff sets out the material facts, the cause of action, and the relief sought against the defendant. It opens a civil action.

The document filed by a defendant responding to a statement of claim, admitting, denying, or explaining each allegation and raising any affirmative defences. Failure to file may lead to judgment in default.

A judgment entered for the plaintiff when the defendant fails to file a defence or otherwise respond within the prescribed time. It is usually subject to the court's discretion to set aside.

A judgment given without a full trial where the court is satisfied that a party has no real prospect of success and there is no other compelling reason for a trial.

The obligation on a party to prove a fact or issue in dispute. In criminal cases the prosecution bears it beyond reasonable doubt; in civil cases the plaintiff usually bears it on the balance of probabilities.

The degree of certainty evidence must reach to satisfy the burden of proof. Criminal cases require proof beyond reasonable doubt; civil cases require the balance of probabilities.

The doubt a reasonable person would entertain after carefully weighing all the evidence. It is the threshold the prosecution must overcome to secure a criminal conviction.

The principle that an accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt. It places the burden of proof on the state.

The mental element of an offence, such as intention, knowledge, or recklessness. The prosecution must prove the accused had the required state of mind at the time of the act.

The physical element of an offence, including the conduct, circumstances, and consequences. It must be proved alongside the mental element for most criminal offences.

A state of mind in which a person acts with the purpose of bringing about a particular result, or foresees it as virtually certain. It is the highest form of mens rea.

Acting while aware of a risk that a prohibited result will occur, yet going ahead unreasonably. It sits below intention but above negligence in seriousness.

A failure to exercise the degree of care a reasonable person would exercise in the circumstances. In civil law it requires a duty of care, breach, causation, and damage.

The link between a person's conduct and a prohibited result. Courts ask whether the conduct was a factual cause and whether it was sufficiently proximate in law.

The taking of a person into custody so that they may be dealt with according to law. It must rest on lawful grounds and the person must be told the reason for it.

An objective belief based on specific facts that a person has committed or is about to commit an offence. It is a lower threshold than reasonable belief and must be justifiable.

A higher threshold than reasonable suspicion, requiring facts that would lead a reasonable person to believe an offence has been committed or evidence will be found. Often required for warrants.

A written authority issued by a court or authorised officer permitting officers to enter premises and search for specified items. It must be based on sworn information and executed lawfully.

The state of being detained or deprived of liberty by lawful authority. Custody triggers rights such as notification of the reason for arrest and access to legal advice.

The right of a detained or accused person to consult a lawyer of their choice and to have legal representation during proceedings. Denial may render evidence or proceedings unfair.

A formal warning given to a suspect before questioning, explaining the right to remain silent and that anything said may be used in evidence. It must be given in a language the suspect understands.

An admission by an accused person that they committed the offence. It must be voluntary to be admissible; confessions obtained by oppression, threat, or inducement are excluded.

The documented record of who handled an item of evidence, when, and where, from seizure to court. Gaps or breaks can undermine its integrity and lead to exclusion.

The quality of evidence that allows it to be considered by a court. Relevant evidence may still be excluded if unlawfully obtained, unfairly prejudicial, or protected by privilege.

A statement made outside court that is offered to prove the truth of its contents. It is generally inadmissible, subject to recognised exceptions such as dying declarations.

Evidence given orally in court by a person who has sworn or affirmed to tell the truth. The witness may be examined, cross-examined, and re-examined on their account.

The release of an accused person from custody pending trial, usually on conditions or with sureties. Courts weigh flight risk, danger to the public, and interference with witnesses.

The detention of an accused person in custody while awaiting trial or further proceedings. It is ordered where bail is refused or unavailable.

A formal written charge accusing a person of a serious offence, presented to the court to commence trial. It sets out the offence, particulars, and statutory provisions relied on.

A formal accusation that a person has committed a specific offence, stated with enough particulars to allow a defence. It may be amended before trial in appropriate cases.

The process by which a court decides the penalty for a convicted offender, considering the offence's seriousness, aggravating and mitigating factors, and statutory guidelines.

A circumstance that increases the seriousness of an offence or the offender's culpability, such as premeditation, use of a weapon, or abuse of a position of trust. It may justify a heavier sentence.

A circumstance that reduces the offender's culpability or the seriousness of the offence, such as remorse, a plea of guilty, or provocation. It may justify a lighter sentence.

The principle that a person acquitted or convicted of an offence cannot be prosecuted again for the same offence, except in limited statutory exceptions. It protects against repeated prosecution.

A right to withhold evidence or refuse to answer questions, such as legal professional privilege or the privilege against self-incrimination. It can be waived by the holder.