Afghanistan Legal Stage Entrance Exam key terms

The supreme written law of the state that establishes government institutions, distributes public powers, and guarantees fundamental rights. All other laws and official acts must conform to it, and inconsistent rules are invalid.

The principle that the constitution ranks above statutes, decrees, and administrative acts, so any norm conflicting with it lacks legal effect. Courts and officials must interpret and apply lower rules in harmony with constitutional text.

Basic entitlements guaranteed to every person by the constitution, such as liberty, fair trial, expression, and equality before the law. Public authorities must respect them, and restrictions are valid only where the constitution permits.

The mechanism by which a court or designated body examines whether a law or official act complies with the constitution and annuls it if not. It protects supremacy of the constitution over ordinary legislation.

The organization of the state into legislative, executive, and judicial functions assigned to distinct bodies that check one another. It aims to prevent concentration of authority and to safeguard liberty and impartial adjudication.

The principle that judges decide cases only according to law and conscience, free from instruction, pressure, or interference by other branches or private actors. It requires secure tenure, adequate remuneration, and immunity for official acts.

The recognized ability of a person to hold rights and to enter binding legal transactions on their own behalf. It normally begins at majority and may be limited by minority, mental disorder, or judicial guardianship measures.

A legally binding agreement formed by matching offer and acceptance between capable parties, creating enforceable obligations. It requires lawful object, valid consent, and any formality the law prescribes for that type of transaction.

The standard requiring parties to act honestly, fairly, and without intent to deceive in forming and performing obligations. It governs negotiation, interpretation, and exercise of rights, and breach may affect enforceability or liability.

Money awarded to a claimant to compensate losses caused by another's breach of obligation or wrongful act. The aim is to restore the claimant, so far as money can, to the position they would have occupied.

The duty to compensate harm caused by a wrongful act or omission independent of contract, such as negligence or nuisance. It requires a wrongful act, actual loss, and a causal link between them.

The obligation of a party to persuade the court that disputed facts are true to the required standard. In civil matters the claimant generally bears it, while in criminal matters it rests on the prosecution.

The degree of certainty a decision-maker must reach before accepting a disputed fact. Civil cases usually require a balance of probabilities, while criminal conviction demands proof beyond reasonable doubt.

The test determining whether particular evidence may lawfully be considered by the court. Evidence obtained unlawfully, irrelevant, or privileged is generally excluded, and the rules protect fairness of the proceedings.

The guarantee that an accused is treated as innocent until a competent court convicts them after a fair trial. The prosecution must establish guilt, and doubt is resolved in favor of the accused.

The set of procedural safeguards owed to anyone facing state action affecting rights, including notice, hearing, and an impartial tribunal. It applies in criminal, civil, and administrative proceedings alike.

The lawful holding of a suspect or accused person by authorities before or during proceedings. It must rest on a legal basis, be reviewed promptly by a judge, and respect limits on duration and treatment.

The external element of an offence, namely the prohibited conduct, circumstances, and consequences. It must be proven together with the mental element before criminal liability attaches.

The mental element of an offence, such as intention, knowledge, or negligence, that must accompany the prohibited act. Without it, conduct is generally not punishable unless the law imposes strict liability.

The status of being a subject of rights and duties, held by natural persons and by entities the law recognizes. For companies it arises on registration and ends on dissolution or winding up.

The principle that owners of a company are generally liable for its debts only up to the amount they agreed to contribute. Creditors may not ordinarily reach members' personal assets, absent fraud or statutory exceptions.

A person who holds shares in a company and thereby acquires membership rights such as voting and dividends. Shareholders do not manage the company directly but appoint and remove its governing organs.

The official recording of a business or company with the competent authority, which publicizes its existence, name, and particulars. Registration is often a precondition for legal personality and for enforceable commercial activity.

The formal agreement by which two persons lawfully establish a marital relationship, requiring offer, acceptance, and the presence of legally required parties and witnesses. It creates reciprocal rights and duties.

The property or sum the husband undertakes to give the wife as part of the marriage contract, becoming her own property. It may be paid immediately or deferred and remains due in specified circumstances.

The lawful dissolution of a marriage, whether by the husband's unilateral pronouncement, by mutual agreement, or by judicial decree. It triggers consequences such as waiting period, maintenance, and custody arrangements.

The right and duty to care for a child's daily upbringing, residence, and welfare after separation or divorce. Courts decide according to the child's best interests, and the right may transfer if circumstances change.

The legal authority of an adult, usually a parent or appointed person, to manage a child's personal affairs and property. It differs from custody and may be supervised or removed by the court.

A right enforceable against the world over a specific thing, such as ownership, mortgage, or servitude. It attaches to the property itself and follows it even when possession changes hands.

The fullest real right, giving the holder the power to use, enjoy, and dispose of a thing within legal limits. It may be shared, restricted by servitudes, or taken by the state only through lawful procedure and compensation.

A real security interest granted over immovable property to guarantee repayment of a debt. If the debtor defaults, the creditor may enforce the security through the legally prescribed procedure, typically judicial sale.

The official system recording ownership and other real rights in land in a public register. Entries provide evidence of title, support transfers, and give notice to third parties dealing with the property.

A unilateral decision by a public authority that determines rights or duties of specific persons under public law. It is presumed valid until annulled and may be challenged through administrative review or judicial appeal.

The power of a court to examine the legality of administrative decisions and to annul those that are unlawful, ultra vires, or procedurally defective. It reviews legality rather than the merits of the policy choice.

The procedural entitlement of a person affected by an administrative decision to present their case before the decision is made. Breach generally renders the decision vulnerable to annulment on procedural grounds.

An agreement under which a worker performs services personally for an employer in return for remuneration, under the employer's direction. It creates statutory rights such as wages, leave, safety, and termination protection.

Dismissal of an employee without a lawful ground or without following the procedure required by labor law or the contract. The worker may seek reinstatement, compensation, or both before the competent labor body.

Negotiation between employers or their organizations and workers' representatives to set terms and conditions of employment. The resulting collective agreement binds the parties and may extend benefits to covered employees.

A situation where a lawyer's personal, financial, or other interest, or a duty to another client, could improperly influence representation. The lawyer must disclose it and decline or withdraw where it materially impairs loyalty.

The lawyer's duty not to reveal information learned in the professional relationship without the client's informed consent or legal compulsion. It protects trust and continues after the engagement ends.

The protection that shields confidential lawyer-client communications from disclosure in proceedings. It belongs to the client, who may waive it, and it supports candid advice and effective representation.

The standards of competence, diligence, honesty, and loyalty a lawyer owes to clients, courts, and the public. Breach may lead to disciplinary sanction, civil liability, or exclusion from practice.

A formal written statement of a party's claims or defenses filed with the court, setting out material facts and the relief sought. It defines the issues and normally limits the evidence a party may present.

The initiating pleading in a civil action in which the claimant states the facts, legal grounds, and remedy requested. It must give the defendant fair notice of the case to answer.

The withdrawal or disqualification of a judge or official from a case because of bias, conflict of interest, or another statutory ground. It preserves impartiality and the appearance of fair adjudication.