UAE Legal Consultant Exam key terms

The principle that the federal Constitution ranks above all other laws, so any federal or local rule that conflicts with it is invalid and cannot be enforced by courts or authorities.

A legislative instrument issued by the President on matters where the Constitution permits, having the same binding force as a federal law but adopted without the full Federal National Council procedure.

Rules enacted by an individual emirate's ruler or local government within its competence, valid only to the extent they do not contradict the federal Constitution or federal legislation on the same subject.

The power of courts to examine whether a challenged provision conforms to the Constitution and, where it does not, to decline to apply it in the case before them.

The two matching declarations by which one party proposes contract terms and the other agrees to them, creating a binding contract once the acceptance reaches the offeror without material variation.

Flaws in a party's agreement such as mistake, fraud, duress or exploitation of need, which may allow the affected party to rescind the contract or claim damages.

The lawful reason and the reciprocal benefit that justify a contractual obligation; a contract lacking a legitimate cause is void under civil transactions rules.

A void contract lacks an essential element and produces no legal effect from the outset, whereas a voidable contract is valid until a party with the right challenges or rescinds it.

The remedy that unwinds a contract and restores the parties to their pre-contract positions, available by agreement, by court order, or automatically in defined cases of non-performance.

A commercial company whose partners' liability is limited to their capital contributions, requiring at least one partner and a minimum share capital unless a specific activity is exempted.

The principle that owners of a capital company are generally answerable for company debts only up to their subscribed shares, though piercing may follow fraud or commingling of assets.

The official record maintained by the licensing authority in which traders and companies are entered, with registration giving public notice of the entity's legal status and particulars.

The distinctive designation under which a trader or company conducts business, protected against confusing use by others once properly registered and used in commerce.

Commercial conduct that exploits another trader's reputation or confuses customers, such as imitating a trade name or product presentation, giving the injured party a claim for damages.

The guarantee that no person is punished for an act unless a written law in force at the time defined it as a crime and prescribed its penalty, barring analogy against the accused.

The mental element required for an intentional offence, meaning the accused willed the prohibited act and foresaw, or accepted, its unlawful consequences.

Beginning the execution of a crime with the intent to complete it, where completion fails for a reason outside the offender's control, punishable only where the law so provides.

The rule that an accused is treated as innocent until a final conviction is established, placing the burden of proving guilt on the prosecution throughout the trial.

The duty of the party asserting a fact to establish it to the standard the law requires; in criminal matters it rests on the prosecution, in civil matters on the claimant.

The conditions under which a court may consider a piece of proof, excluding evidence obtained unlawfully or contrary to procedural rules where the law so requires.

Technical opinion commissioned by the court from a qualified expert to clarify matters beyond judicial knowledge, which the court may adopt, reject or supplement with reasons.

The highest federal or emirate court, reviewing only questions of law in challenged judgments and setting binding precedent for lower courts on the points it decides.

An agreement under which a worker performs work for an employer in return for remuneration, subject to mandatory statutory protections that cannot be reduced to the worker's detriment.

A limited initial trial period of employment during which either party may terminate with notice, capped by statute and not extendable beyond the legal maximum.

A statutory lump sum owed to a worker on leaving service, calculated on the basis of final wage and length of continuous service as prescribed by labour legislation.

Termination of employment for a reason unrelated to work or contrary to law, entitling the worker to compensation in addition to contractual and statutory entitlements.

A power exercisable directly over a thing and enforceable against the world, such as ownership, usufruct or a registered mortgage, distinct from merely personal claims.

The official recording of rights over immovable property in the land register, which determines priority among competing interests and gives third parties constructive notice.

A limited real right allowing its holder to use and enjoy another's property and take its fruits while preserving the property's substance, ending at the term agreed.

Entry of a tenancy in the relevant emirate register, which is required to make the lease enforceable against third parties and to support eviction or rent claims.

The specialised body empowered to hear landlord-tenant disagreements over rent, renewal, eviction and related matters, whose decisions are subject to judicial challenge as provided.

A formal communication giving the tenant the statutory period to vacate, valid only where it states a legally recognised ground and complies with required notice periods.

The body of rules governing family relations of a person, including marriage, divorce, maintenance, custody and inheritance, largely shaped by religious law.

The formal agreement concluded with the required consent, witnesses and declaration, which establishes the marital relationship and records the agreed dower.

The consideration promised by the husband to the wife under the marriage contract, part payable immediately and part deferred, remaining her own property.

The care of a child's daily upbringing and welfare entrusted to a qualified person, distinct from guardianship over the child's property and legal representation.

A situation where a lawyer's personal, financial or other interest could improperly influence the representation of a client, requiring disclosure or withdrawal.

The advocate's duty to keep client information secret, continuing after the engagement ends and covering communications made in the course of seeking legal advice.

The requirement that a person be admitted and registered by the competent authority before practising legal representation, subject to qualifications and discipline.

A written undertaking by parties to submit defined existing or future disputes to arbitration, which ousts court jurisdiction and binds the tribunal's award.

The binding decision issued by an arbitral tribunal on the dispute, enforceable through court execution and challengeable only on limited statutory grounds.

The requirement that arbitrators be free from ties to the parties or dispute that could affect impartiality, with a duty to disclose circumstances raising doubts.

A distinct framework within a designated zone allowing foreign ownership, customs privileges and separate registration and dispute resolution, while remaining subject to federal law.

An entity registered in a free zone or offshore jurisdiction that may hold assets and open accounts but cannot conduct business within the domestic market unless separately licensed.