Knowledge Flashcards

Which legal doctrine allows courts to imply a term into a contract that the parties did not expressly include?

Answer: Implied terms

Courts may imply terms into contracts by law, custom, or to give business efficacy, filling gaps the parties did not address.

Under the US federal system, what does the Supremacy Clause establish?

Answer: Federal law as the supreme law of the land over conflicting state laws

The Supremacy Clause (Article VI) establishes that the Constitution, federal laws, and treaties are the supreme law of the land, preempting conflicting state laws.

What is 'actus reus' in criminal law?

Answer: The physical act or conduct constituting a crime

Actus reus (Latin: 'guilty act') refers to the physical element of a criminal offence — the voluntary act, omission, or state of affairs prohibited by law.

Which landmark case established the principle of judicial review in the United States?

Answer: Marbury v. Madison (1803)

In Marbury v. Madison (1803), Chief Justice John Marshall established the Supreme Court's authority to invalidate laws that conflict with the Constitution.

In tort law, what distinguishes 'battery' from 'assault'?

Answer: Battery involves actual physical contact; assault is the apprehension of imminent contact

Assault is causing someone to apprehend immediate unlawful force, while battery is the actual application of unlawful force to another person.

What is the role of the 'ratio decidendi' in a court judgment?

Answer: The legal reason for the decision that creates binding precedent

The ratio decidendi is the legal reasoning essential to the court's decision and is the part of a judgment that binds lower courts under the doctrine of precedent.

Which principle in administrative law requires public authorities to act within their legal powers?

Answer: Vires

The ultra vires doctrine holds that a public body acts unlawfully if it acts beyond the powers granted to it by Parliament or statute.