Bar Part I Legal System key terms

The ranking that determines which legal rule prevails when rules conflict, running from constitution and constitutional statutes down through ordinary legislation, regulations, and individual decisions.

A general and impersonal rule adopted by the executive branch, typically to implement a statute; it is subordinate to law and can be annulled if it exceeds the statutory delegation.

A binding unwritten rule arising from a constant, general, and long-standing practice accepted as obligatory; it ranks below statute and cannot contradict it.

An unwritten norm of broad application, such as good faith or the right to be heard, recognized by courts as legally binding even without a specific statutory text.

The procedure by which a court examines whether a statute or treaty conforms to the constitution and, if it does not, sets it aside or declares it invalid.

The constitutional arrangement distributing legislative, executive, and judicial functions among distinct organs that check one another, preventing any single body from concentrating all authority.

The guarantee that judges decide cases only on the law and the record, protected by tenure, irremovability, and immunity from instructions by other branches.

The power of a given court to hear a particular category of dispute, determined by the type of claim, the amount at stake, or the seriousness of the offence.

The link between a dispute or offence and a geographic area that allows a court of that place to hear the case, usually the defendant's domicile or the place of the harmful event.

The specific authority of a court or official to perform a procedural act in a given case, distinct from general jurisdiction over the category of dispute.

The rule that a second court must decline a case already pending between the same parties on the same subject before another court, to avoid conflicting judgments.

The final and conclusive effect of a judgment that can no longer be appealed, barring a new action between the same parties on the same claim and cause.

The duty of a party to persuade the court that the facts it asserts are true; in civil cases it normally rests on the claimant, and failure to discharge it means losing on that point.

The degree of certainty the fact-finder must reach, such as balance of probabilities in civil matters or beyond reasonable doubt in criminal matters, before accepting a factual assertion.

The quality that allows a piece of evidence to be considered by the court; evidence obtained unlawfully or irrelevantly may be excluded even if it is logically probative.

The principle allowing a court to reject evidence obtained through a serious violation of rights or procedure, particularly in criminal cases, to protect fair trial guarantees.

The guarantee that a person accused of an offence is treated as innocent until a final judgment establishes guilt, placing the persuasive burden on the prosecution.

The rule that remaining doubt on a fact essential to criminal liability must be resolved in favour of the accused, leading to acquittal on that charge.

The procedural guarantee that each party may present arguments and evidence and respond to the opponent's submissions before a decision affecting it is taken.

The requirement that administrative decisions follow a fair procedure, including notice, disclosure of the case to answer, and an impartial decision-maker.

Literally 'beyond the powers'; describes an act of a public body that exceeds the authority conferred on it by law and is therefore liable to be annulled.

The test asking whether a measure restricting a right is suitable, necessary, and not excessive in achieving a legitimate aim, used to review administrative and legislative action.

The power of a court to examine the legality of an administrative decision and annul it for lack of competence, procedural defect, misuse of power, or illegality.

The withdrawal or removal of a judge or decision-maker from a case because of a personal interest, relationship, or bias that could compromise impartiality.

A situation in which a lawyer's personal, financial, or professional interest, or a duty to another client, risks distorting the loyalty owed to the client.

The lawyer's duty to keep confidential all information learned in the course of the mandate, which survives the end of the engagement and is a cornerstone of client trust.

The evidentiary protection exempting confidential lawyer-client communications from disclosure in proceedings, distinct from the broader ethical duty of professional secrecy.

The two matching declarations of will that form a contract: a definite proposal by the offeror and an unqualified agreement by the offeree, at which point the contract is concluded.

The counter-performance or detriment that each party gives in exchange for the other's promise, which makes a bilateral agreement enforceable in common-law systems.

The standard requiring parties to act honestly, loyally, and consistently in negotiating and performing a contract, and not to abuse a right conferred by it.

An unforeseeable, irresistible, and external event that prevents performance of a contract and may excuse liability or allow termination, depending on the applicable clause or law.

The external element of an offence: the conduct, circumstances, and consequences prohibited by the definition, which must be proved before liability can attach.

The mental element of an offence, such as intention, knowledge, recklessness, or negligence, describing the accused's attitude toward the prohibited conduct or result.

The link that must be shown between the accused's conduct and the prohibited result, requiring both factual causation and that the result was not too remote.

An offence committed when a person, with the required mental element, takes a substantial step toward a crime that is not completed for reasons beyond their control.

The capacity of an entity to hold rights and duties and to act in law; companies acquire it on incorporation, giving them a separate identity from their shareholders.

The principle shielding shareholders from personal responsibility for company debts beyond the amount they subscribed, leaving the company's own assets as the creditors' main recourse.

The exceptional judicial disregard of a company's separate personality to hold shareholders or directors personally liable, typically for fraud, abuse, or undercapitalization.

The legal reason or principle on which a court's decision actually rests, which binds lower courts in later cases involving materially similar facts.

A remark on law made by a court that is not necessary to its decision; it is persuasive but not binding on later courts.

A previously decided case that furnishes a rule for later cases, binding where the hierarchy of courts and material similarity of facts so require, and otherwise persuasive.