Afghanistan Defense Attorney Entrance Exam flashcards

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

Supreme Court constitutional review

Under Article 121 of the 2004 Constitution, the Supreme Court may review laws, decrees, and treaties for consistency with the Constitution, typically on referral from courts or the government.

Residual Hanafi jurisprudence

Article 130 directs Afghan courts to apply statutory law first and to resort to Hanafi jurisprudence only where no statutory provision governs the matter.

Nullum crimen sine lege

The legality principle provides that no person may be convicted or punished for conduct that was not defined as a crime by law at the time it was committed.

Qisas and diyat

Qisas is retributive punishment for intentional homicide or injury, while diyat is the financial compensation payable to the victim or heirs in lieu of retaliation.

Favor rei retroactivity

Where a law changes after the offense, the more lenient provision applies retroactively to the accused, mitigating or eliminating the penalty.

72-hour detention limit

Article 31 of the Constitution requires that a detained suspect be brought before a competent authority within 72 hours, with further detention only by court order.

Exclusion of coerced confessions

A confession obtained through torture, threat, or coercion is void and inadmissible; courts must disregard it and may not rely on it as proof of guilt.

Pretrial file disclosure

Before trial the prosecution must make the investigation file available to the defense so the accused can examine evidence and prepare an adequate defense.

Presumption of innocence

The accused is presumed innocent until proven guilty by admissible evidence; the burden rests on the prosecution and doubt is resolved in favor of the accused.

Exclusionary rule

Evidence obtained through torture, unlawful search, or other serious illegality is excluded from trial to protect fair trial rights and deter official misconduct.

Dying declaration exception

A statement made by a declarant who believed death was imminent is admissible in homicide cases as a recognized exception to the hearsay rule.

Leading questions on cross

Cross-examination ordinarily uses leading questions, which suggest the answer, to control the witness and isolate specific facts one at a time.

Offer of proof

When an objection is sustained, counsel states on the record what the excluded evidence would have shown, preserving the issue for appeal.

Motion for acquittal

At the close of the prosecution case, defense counsel may move for acquittal on the ground that the evidence is insufficient to support conviction.

Attorney-client privilege

Confidential communications between lawyer and client made for the purpose of legal advice are protected from disclosure and may be waived only by the client.

Conflict of interest

A lawyer may not represent clients with adverse interests in the same or substantially related matters without informed consent of both parties.

Candor to the tribunal

A lawyer must not mislead the court, must correct false statements of law or fact, and must disclose adverse legal authority directly on point.

Void versus voidable contract

A void contract has no legal effect from the outset, while a voidable contract remains valid until the aggrieved party rescinds it.

Contract formation elements

Valid contract formation requires offer, acceptance, consideration or lawful cause, capacity of the parties, and a lawful, ascertainable object.

Apparent authority

A principal is bound by an agent's acts where the principal's conduct created a reasonable appearance of authority on which a third party relied.

Fair trial guarantees

Core guarantees include an independent and impartial tribunal, public hearing, presumption of innocence, counsel, interpreter, and examination of witnesses.

Absolute torture prohibition

Torture and cruel, inhuman, or degrading treatment are prohibited absolutely, with no exception for war, emergency, or orders from superiors.

Non-refoulement

A state may not return a person to a territory where there are substantial grounds to believe he would face torture or serious harm.

IRAC method

IRAC structures legal analysis into Issue, Rule, Application, and Conclusion, and is used for memoranda, briefs, and examination answers.

Official Gazette citation

Afghan statutes are cited by title, year of enactment, official gazette (Rasmi Jarida) number, and article number for verifiable reference.

Plain meaning rule

Statutory interpretation begins with the ordinary meaning of the text; resort to purpose or legislative history is proper only where the text is ambiguous.

Meshrano Jirga composition

The upper house of Afghanistan's National Assembly includes members elected by provincial councils, district councils, and presidential appointees, including two representatives of the disabled.

Attempt liability

An attempt requires conduct that goes beyond mere preparation and comes close to completing the offense, coupled with the intent to commit it.

Bail and recognizance

Release pending trial on bail or personal recognizance is the default for non-grave offenses where the accused poses no substantial flight or public-safety risk.

Witness competency

A witness must have sufficient age and sound mind to perceive, recall, and recount events truthfully; interested witnesses may testify but their credibility is weighed.

Closing argument limits

Closing argument may draw reasonable inferences from admitted evidence but may not assert facts outside the record or appeal to prejudice.

Contingent fees in criminal cases

Fee arrangements contingent on the outcome of a criminal matter are prohibited because they create incentives that undermine the lawyer's independent professional judgment.