Legal Reasoning Flashcards

In a murder trial, the defendant claims he acted in self-defense. The jury believes his account may be true. What verdict must they return?

Answer: Not guilty, because reasonable doubt exists

Where self-defense raises a reasonable doubt about guilt, the prosecution has failed to disprove it and the defendant must be acquitted.

Which legal doctrine allows courts to look at parliamentary debates to help interpret ambiguous legislation?

Answer: The Pepper v Hart rule

Pepper v Hart [1993] allows courts to consult Hansard where legislation is ambiguous and a minister's statement clearly covers the point.

Two parties sign a written contract that omits a term they both clearly intended to include. A court correcting this would use the remedy of:

Answer: Rectification

Rectification is the equitable remedy that rewrites a document to reflect the parties' true common intention.

The principle of 'innocent until proven guilty' is best described as which legal concept?

Answer: The burden of proof resting on the prosecution

The presumption of innocence means the prosecution bears the burden of proving guilt; the defendant need not prove anything.

A landlord enters a tenant's home without consent or notice to inspect the property. This is most likely to constitute:

Answer: Trespass to land

Trespass to land is the direct, unjustified interference with land in another's possession — here, the tenant's home.

Under the European Convention on Human Rights, Article 8 protects the right to private life. This right is:

Answer: Qualified and can be limited for legitimate aims

Article 8 is a qualified right, meaning states may interfere with it if the interference is lawful, necessary, and proportionate.

A company director enters a contract far beyond the powers granted in the company's articles. This contract is traditionally described as:

Answer: Ultra vires and void

The ultra vires doctrine historically rendered acts beyond a company's constitutional objects void and unenforceable.