Afghanistan Legal Stage Entrance Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Sovereignty in Afghan Constitution

Article 5 of the 2004 Constitution vests sovereignty in the Nation, exercised directly or through elected representatives, and states that no individual or group may usurp it.

Constitutional amendment limits

Article 149 prohibits amending the fundamental tenets of Islam or the republican and Islamic character of the state, protecting core constitutional identity from legislative change.

Equality before law

Article 22 of the Constitution states that all citizens have equal rights and duties before the law without discrimination, and prohibits preferential treatment.

Presidential election runoff

Under Article 61, if no presidential candidate wins a majority of valid votes, a second round is held between the two candidates with the highest votes.

Civil Code gap-filling rule

Article 1 of the Civil Code directs courts to apply statute; where silent, they apply Islamic jurisprudence as a supplementary source to resolve the dispute.

Contract formation elements

A valid contract requires offer, acceptance, and a lawful object, with consent free from duress, fraud, and material mistake under the Civil Code.

General jurisdiction rule

In civil procedure, the defendant's domicile is the general forum for filing suit; contract claims may alternatively be filed where performance is due.

Res judicata effect

A final civil judgment binds the parties and precludes re-litigation of the same claim and subject matter between the same parties.

Legality principle criminal law

The 2017 Penal Code enforces nullum crimen sine lege: no act is punishable unless a prior legal provision defines it as a crime and sets a penalty.

Criminal liability elements

Criminal liability requires an unlawful act (actus reus) combined with the mental element (mens rea) of intent or negligence as the offense specifies.

Presumption of innocence

The Criminal Procedure Code presumes the accused innocent until proven guilty by the prosecution, and any reasonable doubt is resolved in the accused's favor.

Pre-trial detention review

Detention before trial is subject to statutory maximum periods and judicial review; continued detention beyond legal limits is unlawful and must be terminated.

Trader definition

Under the Commercial Code, a trader is a person who habitually engages in commercial acts and is subject to commercial registration and commercial obligations.

Joint stock company organs

A joint stock company has a general assembly of shareholders and a board of directors; the assembly approves annual accounts and dividend distributions.

Bill of exchange endorsement

A bill of exchange is transferred by endorsement plus delivery; the endorser becomes liable on the instrument unless endorsement is qualified without recourse.

Bankruptcy opening

Bankruptcy (iflas) is opened by court order when a trader ceases payments; a trustee administers and distributes the estate to creditors.

Marriage consent requirement

Marriage requires free consent of both parties, offer and acceptance before witnesses, and civil registration for legal effect under Afghan family law.

Mahr obligation

Mahr (dowry) is a mandatory effect of marriage owed by the husband to the wife; it is her exclusive property and enforceable as a debt.

Maintenance obligation

The husband must provide maintenance (nafaqa) covering food, clothing, and housing; failure may ground the wife's claim for judicial divorce.

Custody best interests

Custody (hadana) prioritizes the mother for young children, subject to the child's best interests; guardianship (wilaya) generally rests with the father.

Real rights classification

The Civil Code recognizes ownership (mulk), usufruct (intifa), use (sukna), and servitude (irtifaq) as real rights enforceable against the world.

Acquisitive prescription limits

Prescription requires good-faith, continuous, public possession for the statutory period; it cannot run against state-owned land or property.

Lease versus ownership

A lease (ijara) transfers only use of property for rent, not ownership; the lessee must return the property at the end of the term.

Mortgage enforcement

A mortgage (rahn) secures a debt over immovable property; on default the creditor enforces by judicial sale, not self-help possession.

Administrative act validity

An administrative act is valid only if issued by a competent authority, for a lawful purpose, with a lawful object, and following prescribed procedure.

Annulment grounds

Administrative acts may be annulled for lack of competence, procedural defect, error of law, or abuse of discretion by the deciding authority.

Duty to give reasons

Administrative decisions affecting individual rights must state reasons and be properly notified; failure affects their enforceability and may ground challenge.

Working time standard

The Labor Law sets standard working time at 40 hours per week; overtime work is compensated at a premium rate prescribed by statute.

Employment termination grounds

An employment contract may be terminated only on statutory grounds with required notice or pay in lieu; arbitrary dismissal is unlawful.

Admissibility of evidence

Admissible evidence includes documents, testimony, expert opinion, inspection, and confession; evidence obtained through coercion is inadmissible in proceedings.

Advocate confidentiality duty

An advocate must keep client information confidential, avoid conflicts of interest, and may not represent opposing parties in the same or related disputes.

IRAC memorandum structure

A legal memorandum is organized as Issue, Rule, Application, and Conclusion, with each conclusion supported by identified legal authority.