Lok Sewa Judicial Officer Exam key terms

A prerogative writ issued by a higher court ordering an inferior court, tribunal, or public authority to send up its record so the decision can be examined and, if found unlawful or beyond jurisdiction, quashed.

A prerogative writ commanding a public body or officer to perform a public duty that the law imposes and that the body has refused or failed to perform, without deciding the merits of the duty itself.

A prerogative writ directed to an inferior court or tribunal that is about to exceed or has exceeded its jurisdiction, restraining it from continuing proceedings; it operates prospectively, unlike certiorari which quashes a completed decision.

The power of a court to examine whether an executive or administrative decision is lawful, rational, and procedurally fair, and to strike it down where it exceeds legal authority or violates fundamental rights.

Latin for 'beyond the powers'. An act is ultra vires when a public body does something the statute or constitution does not authorise, making the act void and open to challenge in court.

A mistake by a tribunal about the scope of its own legal authority, or about a fact that the statute makes a precondition to exercising authority; such error makes the decision void and reviewable.

The legal right of a person to bring a case before a court, shown by a sufficient interest in the subject matter. Nepali public interest litigation has relaxed this requirement for constitutional rights issues.

Two minimum fair-hearing rules: audi alteram partem (hear the other side) and nemo judex in causa sua (no one should judge their own cause). Decisions breaching them are procedurally void.

The rule that no person should be condemned unheard; a decision-maker must give the affected party notice of the allegations and a genuine opportunity to respond before deciding.

A review standard asking whether a limitation on a right pursues a legitimate aim, is suitable for that aim, is necessary with no less restrictive alternative, and strikes a fair balance with the right affected.

The duty of an administrative body to state the grounds on which it decided, so the affected person can understand the basis and a court can review legality; increasingly treated as an element of fair procedure.

A matter finally decided by a competent court cannot be litigated again between the same parties or their privies; it bars a fresh suit on the same cause of action and protects finality of judgments.

A stay of a later suit while an earlier suit between the same parties on the same subject matter is pending in a competent court; unlike res judicata it operates during litigation, not after judgment.

The set of facts that, taken together, gives a plaintiff the right to sue and entitles them to some relief; it determines jurisdiction, limitation, and whether a plaint discloses a triable claim.

The written statement by which a plaintiff institutes a civil suit, setting out the court, parties, cause of action, facts, and the relief claimed; it must comply with the formal requirements of the civil procedure code.

The defendant's pleading responding to the plaint, admitting or denying each allegation and raising defences and counterclaims; failure to raise a specific denial may be treated as an admission.

The precise questions of fact or law framed by the court from the pleadings, which define what the parties must prove at trial and structure the judgment.

The obligation of a party to prove a fact in issue to the required standard; it may be the persuasive burden resting on the party asserting a claim or the evidential burden of adducing sufficient evidence.

The degree of certainty required to establish a fact: beyond reasonable doubt in criminal cases, and balance of probabilities, or preponderance of evidence, in civil cases.

A rule allowing a court to infer a fact from proved facts without direct evidence. Presumptions may be conclusive, rebuttable, or 'may presume' discretionary inferences depending on the statutory language.

Evidence of surrounding facts from which a fact in issue may be inferred. In criminal cases the circumstances must form a complete chain excluding every reasonable hypothesis of innocence.

A witness whose testimony departs from what the party calling them expected, allowing the court to permit cross-examination by that party and to test the witness's credit.

The first questioning of a witness by the party who calls them, confined to relevant facts; leading questions are generally prohibited at this stage except on introductory or undisputed matters.

Questioning of a witness by the opposing party, permitting leading questions and testing truthfulness, accuracy, and bias; it is a right in adversarial proceedings and a key safeguard for fair trial.

The guilty mind or mental element of an offence, such as intention, knowledge, or recklessness; a penal provision is generally read to require it unless the statute clearly excludes it.

The prohibited physical conduct, omission, or consequence that, combined with the required mental element, constitutes a criminal offence; the prosecution must prove it beyond reasonable doubt.

Release of an accused person from custody pending trial, with or without surety, on conditions set by the court; the right to bail is constitutionally protected except in specified serious offences.

Judicial authorisation for continued detention of an arrested person while investigation or trial proceeds, granted for limited statutory periods on the court being satisfied that detention is justified.

A writ ordering a person detaining another to produce that person before the court and justify the detention; it is the principal remedy against unlawful or arbitrary deprivation of liberty.

Constitutionally guaranteed rights enforceable against the state and, in some cases, private parties, through writ petitions; restrictions are permitted only by law and only to the extent the constitution allows.

Litigation brought for the benefit of a class of persons or the public rather than a private grievance, often relaxed on standing and procedure; Nepali courts have used it to enforce constitutional rights.

The constitutional principle that judges decide cases impartially, free from executive or legislative pressure, secured by tenure, fixed remuneration, and disciplined appointment and removal procedures.

A judge's withdrawal from a case where their interest, relationship, or prior involvement creates a reasonable apprehension of bias, giving effect to the nemo judex rule.

The standards of conduct expected of judges, including integrity, impartiality, propriety, competence, diligence, and confidentiality, enforced through codes of conduct and disciplinary mechanisms.

Rules, regulations, or by-laws made by the executive under authority granted by a statute; valid only within the limits of the enabling Act and subject to judicial review for ultra vires.

The power of an official to choose among lawful options; it must be exercised in good faith, for the statutory purpose, on relevant considerations, and without abdication or rigid policy fettering.

The principle that everyone, including the state, is subject to the law, that laws are made and applied through established procedures, and that no punishment occurs without a breach of law.

The disciplined preparation of legal documents such as pleadings, contracts, and statutory instruments, using precise, unambiguous language, correct structure, and consistent defined terms.