Introduction to Law Review Flashcards

Vocabulary flashcards covering the nature, classification, sources, and specific branches of law including torts, contracts, property, and administrative law based on the lecture study text notes.

Jurisprudence

The study of the nature of law, or the philosophy of law.

Accused

A suspect who is charged with a crime.

Cause of action

When a person’s civil or private rights are violated, precipitating a civil case.

Plaintiff

An aggrieved party or one who brings a cause of action to a court of law.

Defendant

A person who is alleged to have committed a wrong or one against whom a cause of action is brought.

Morality

The sense of judgement between right and wrong by reference to certain standards developed by society over time; not enforceable by courts of law.

Written Law

Codified law contained in a formal document, such as the Constitution of Kenya, Acts of Parliament, or international treaties.

Unwritten Law

Rules of law not contained in any formal document, including African Customary law, Islamic law, Common law, and Equity.

Municipal Law

Rules of law that are applicable within a particular country or state, also known as national law.

International Law

A body of rules that generally regulates the relations between countries or states and other international persons like the United Nations.

Public Law

Branches of law in which the state has a direct interest as the sovereign, such as Criminal, Constitutional, and Administrative Law.

Private Law

Branches of law concerned with the legal relationships between persons in ordinary transactions, such as the laws of contract, property, and torts.

Substantive Law

Rules that define the rights and duties of parties and prescribe remedies or punishment for offenses (e.g., The Penal Code).

Procedural Law

Also called adjectival law, it consists of the steps or rules of practice to be complied with in the administration of justice.

Standard of Proof (Criminal)

Beyond any reasonable doubt; the court must be convinced that the accused committed the offence as charged.

Standard of Proof (Civil)

On a balance of probabilities or on a preponderance of probabilities.

Rule of Law

A framework comprising absolute supremacy of regular law, equality before the law, and the manifesting of the will of the people through the Constitution.

Bill

A draft law or legislation; a statute in draft form.

Delegated Legislation

Also known as subsidiary or subordinate legislation, it is law made by parliament indirectly through other bodies like local authorities or ministers.

Ultra Vires

A Latin term meaning "beyond the powers."

Common Law

A branch of the law of England developed by ancient Common Law Courts from the customs, usages, and practices of the English people.

Doctrine of Stare Decisis

Literally meaning "the decision stands," a system where previous decisions are applied in subsequent similar cases.

Equity

A branch of the law of England developed by the Lord Chancellor’s courts to mitigate the harshness of Common Law based on the principle of fairness.

Ratio Decidendi

The "reason for decision"; a principle or proposition of law based on the material facts of a case that is binding in a precedent.

Obiter Dicta

"By the way" statements of law or facts made by a judge during judgment that are not binding but may be persuasive.

Judicial Review

The process through which an aggrieved person can find redress in the High Court regarding the actions or inactions of public bodies.

Nemo Judex in causa sua

A principle of natural justice meaning that procedures must be free from bias; no one should be a judge in their own case.

Audi Alteram Partem

A principle of natural justice meaning that no person should be condemned unheard.

Certiorari

A High Court order to remove proceedings from an administrative body or inferior court to be investigated and quashed if found wanting.

Prohibition

An order issued by the High Court which prohibits a body from continuing proceedings that are ultra vires or in excess of jurisdiction.

Mandamus

A court order issued to compel the performance of a public duty where a public body or official has unlawfully refused to undertake it.

Habeas Corpus

Literally meaning "produce body," it is an order demanding the production of a detainee before court to show cause why they should not be released.

Arbitration

An out-of-court method of settlement of civil disputes by arbitral tribunals which make arbitral awards as opposed to judgments.

Locus Standi

The legal capacity of a person to sue or be heard in court based on having sufficient interest in the matter.

Corporation Sole

A legally established office distinct from the holder that can only be occupied by one person after which he is succeeded by another.

Corporation Aggregate

A legal entity formed by two or more persons for a lawful purpose with an independent legal existence separate from its members.

Memorandum of Association

The primary document of a company which sets up its external constitution, name, and objects.

Articles of Association

The internal rules and regulations by which a company's affairs are governed, such as share capital and directors' powers.

Domicile

The country in which a person has or is deemed by law to have a permanent home.

Tort

A civil wrong other than a breach of contract whose remedy is a common law action for unliquidated damages.

Negligence

The omission to do something which a reasonable man would do, or doing something which a reasonable and prudent man would not do.

Res Ipsa Loquitur

Literally meaning "it speaks for itself," a rule of evidence where negligence is established without specific direct evidence of the act.

Vicarious Liability

Liability which one person may incur for damage caused by the negligence or other tort of another, such as an employer's liability for a servant.

Defamation

The publication of a statement which reflects on a person’s reputation and tends to lower them in the estimation of right-thinking members of society.

Libel

Defamation in some permanent form, such as writing, printing, or pictures.

Slander

Defamation in spoken words or some other transient form, such as gestures.

Offer

An unequivocal manifestation by one party of its intention to contract with another.

Invitation to Treat

A mere invitation by a party to another to make offers, such as goods displayed in a shop or advertisements for an auction.

Consideration

The bargain element of a contract; an act or promise offered by one party and accepted by the other as the price for that other's promise.

Privity of Contract

The doctrine that only a person who is a party to an agreement can sue or be sued on it.

Condition

A term of major stipulation in a contract that runs to the root of the contract; its breach entitles the innocent party to repudiate.

Warranty

A minor or collateral term of a contract; its breach entitles the innocent party to damages only.

Duress

Actual violence or threats thereof used to procure a contractual relationship.

Nemo Dat Quod Non Habet

The common law principle that a person cannot give a better title to goods than they themselves possess.

Caveat Emptor

Literally meaning "buyer beware," the principle that in the absence of fraud, a seller is not liable for quality or fitness unless specifically warranted.

Lien

The right of a party in possession of another's goods to retain them as security for the fulfillment of an obligation.

Cheque

A bill of exchange drawn on a banker and payable on demand.

Mortgage

A conveyance of land or assignment of chattels as security for the payment of a debt or discharge of an obligation.

Patent

A government authority or licence conferring a right for a set period to the sole right to make, use, or sell an invention.

Copyright

Economic rights given to creators of literary and artistic works to reproduce, perform, or display the work publicly.

Trade Mark

A distinctive symbol, word, or sign used to identify particular products of a trader to the general public.