Afghanistan Defense Attorney Entrance Exam key terms

The principle that governmental power is limited by a supreme fundamental law and may not be exercised arbitrarily. It requires that all statutes, decrees, and official acts conform to the constitution and can be tested against it.

The rule that the constitution outranks all other legal norms, so any law or official action inconsistent with it is invalid. Courts and other bodies must apply the constitution over conflicting ordinary legislation.

The authority of a court to examine a law, decree, or official act and declare it invalid when it conflicts with the constitution or a higher legal norm. It is the practical mechanism enforcing constitutional supremacy.

The allocation of state authority among legislative, executive, and judicial branches so that no single body holds all power. Each branch exercises distinct functions and may check the others within constitutional limits.

The principle that judges decide cases solely according to law and conscience, free from direction, pressure, or retaliation by other branches, litigants, or private actors. It protects impartial adjudication and public confidence in courts.

The mental element of an offense: the guilty state of mind, such as intent, knowledge, recklessness, or negligence, that the prosecution must prove regarding the prohibited conduct or result. Without it, most serious crimes are not established.

The external, physical element of a crime: the prohibited act, omission, or resulting state of affairs. It must be proved by evidence and be voluntary, and it must correspond to the mental element charged.

The deliberate purpose to commit the prohibited act or bring about the prohibited result. It is the highest form of mens rea and typically distinguishes intentional crimes from those based on recklessness or negligence.

The link between the accused's conduct and the prohibited result, requiring both factual connection (the result would not have occurred without the conduct) and legal proximity (the result is a foreseeable consequence). It is essential in homicide and injury offenses.

The rule that every accused person is treated as innocent until the prosecution proves guilt beyond a reasonable doubt through lawfully admitted evidence. It places the burden of proof on the state throughout the trial.

The obligation of a party to persuade the court that a disputed fact is true to the required standard. In criminal cases the prosecution bears this burden; the defense generally bears it only for specific affirmative defenses.

The standard of proof in criminal cases: guilt is established only when the evidence leaves no reasonable explanation consistent with innocence. A doubt for which a reason can be given requires acquittal.

The degree of certainty the fact-finder must reach before accepting a disputed fact. Criminal cases require proof beyond a reasonable doubt; many civil matters require a balance of probabilities or a preponderance of evidence.

A court remedy ordering that a detained person be brought before a judge so the lawfulness of the detention can be examined. If no legal basis is shown, the court orders release.

Deprivation of liberty without a lawful basis, without the procedural safeguards the law requires, or for reasons unrelated to legitimate legal grounds. It violates fair trial and liberty guarantees and may be challenged in court.

A prompt court proceeding at which a judge reviews whether an arrested person's continued custody is lawful and necessary. The judge examines the evidence and decides on release, bail, or further detention.

The conditional release of an accused person before trial, often on a financial guarantee or other conditions, on the promise to appear for proceedings. It balances liberty pending trial against the risk of flight or further harm.

Requirements imposed on an accused released before trial, such as surrendering travel documents, reporting to authorities, or avoiding contact with witnesses. Breach may lead to revocation of release and renewed detention.

A written judicial authorization permitting officials to search a specified place or person and seize identified items. It must rest on sworn information showing a lawful basis, and searches outside its scope are generally unlawful.

The principle that evidence obtained through unlawful searches, coerced statements, or other serious procedural violations may be excluded from trial. Its purpose is to protect fair trial rights and deter official misconduct.

The doctrine that evidence derived from an earlier unlawful act, such as an illegal search or coerced confession, is also tainted and may be excluded. Courts may admit such evidence only if the link to the original illegality is sufficiently broken.

A statement in which an accused admits involvement in an offense. To be admissible it must be voluntary and obtained without coercion, torture, or improper inducement, and the accused must have been informed of relevant rights.

Notice given to a person in custody before interrogation, informing them of the right to remain silent, that statements may be used against them, and that they have a right to counsel. Statements taken without such notice are vulnerable to exclusion.

The privilege of an accused or suspect not to answer questions or testify against themselves, and the rule that silence must not be treated as an admission of guilt. It supports the broader privilege against self-incrimination.

The entitlement of an accused to be assisted by a lawyer of choice, or by appointed counsel where the interests of justice require it, at interrogation and trial. Denial of effective representation undermines fair trial guarantees.

The guarantee that defense counsel's representation meets a minimum standard of competence, diligence, and loyalty, including investigation, advice, and advocacy. Deficient performance that prejudices the accused may render a conviction unreliable.

A situation where a lawyer's duties to one client, or personal interests, are materially adverse to those of another client or the same client. The lawyer must disclose it and withdraw or obtain informed consent where permitted.

The lawyer's duty not to reveal information learned in the professional relationship without the client's informed consent or a legal exception. It protects candid communication and endures after the representation ends.

An evidentiary rule protecting confidential communications between a client and lawyer made for legal advice from compelled disclosure. It belongs to the client, who alone may waive it.

A client's agreement to a course of action after receiving adequate information about the material risks, alternatives, and consequences. It must be given freely, without coercion, and the client must have capacity to decide.

The accused's present ability to understand the proceedings and to assist counsel in preparing a defense. If it is lacking, proceedings should be postponed or adjusted until the accused can participate meaningfully.

A broader assessment of whether an accused can participate in trial, including understanding the charges, following evidence, and communicating with the lawyer. It is distinct from the mental element of the offense at the time of the act.

The questioning of a witness by the opposing party after direct examination, used to test accuracy, bias, and consistency. Leading questions are generally permitted, and the scope is usually limited to matters raised in direct examination.

The first questioning of a witness by the party who called them, intended to elicit the witness's account through open, non-leading questions. It establishes the foundation for later cross-examination and for admitting exhibits.

The process of attacking a witness's credibility by showing prior inconsistent statements, bias, interest, or a criminal conviction. It affects the weight of the testimony rather than automatically excluding it.

An out-of-court statement offered in court to prove the truth of what it asserts. It is generally inadmissible unless a recognized exception or exclusion applies, because the maker cannot be cross-examined.

The documented record of who handled physical evidence, when, and how, from seizure to presentation in court. Breaks or gaps in the record can undermine authenticity and lead to exclusion or reduced weight.

The guarantee that the state must follow fair, lawful, and published procedures before depriving a person of life, liberty, or property. It includes notice, a hearing before an impartial body, and the opportunity to present a defense.

The package of rights ensuring a criminal case is decided impartially and lawfully, including public proceedings, an independent tribunal, adequate time to prepare, access to counsel, and examination of witnesses. It applies regardless of the seriousness of the charge.

The principle that no punishment may be imposed except for conduct that a law in force at the time of the act defined as punishable. It forbids retroactive criminal liability and requires clear statutory definitions of offenses.

The rule that a criminal law may not be applied to conduct occurring before its enactment, nor may penalties be increased retroactively to a defendant's detriment. It protects reliance on the law as it stood when the act was done.

The lawyer's obligation of candor and integrity toward the tribunal, which includes not presenting known false evidence or misleading the court on the law. It can qualify, but never entirely displace, loyalty to the client.

The duty to pursue the client's lawful objectives with diligence, skill, and commitment within the bounds of law and ethics. It does not license harassment, deception, or disregard of the court's authority.

The systematic process of identifying the governing constitutional, statutory, and regulatory provisions, locating relevant judicial decisions and secondary sources, and verifying their current validity. It underpins accurate analysis and credible written advocacy.

A structured summary of a judicial decision covering the facts, procedural history, issues, holding, reasoning, and disposition. It is used to extract rules and to compare how courts have treated similar disputes.

An internal analytical document that states the legal question, summarizes the relevant authorities, applies them to the facts, and reaches a reasoned conclusion. It is written objectively rather than persuasively.

A formal written statement filed with a court that sets out a party's claims, defenses, or responses and frames the issues for adjudication. Defective pleadings may be amended or struck out.

The plaintiff's initiating pleading in a civil action, identifying the parties, the material facts, the legal basis, and the relief sought. It must give the defendant fair notice of the case to answer.

The process by which an enforceable agreement arises, typically through a definite offer, an unqualified acceptance, consideration or a lawful substitute, and an intention to create legal relations. Capacity and legality of object are also required.

The paired elements of agreement: an offer is a definite proposal made with intent to be bound, and acceptance is an unqualified agreement to all its terms. A counter-proposal operates as a rejection and a new offer.

Something of value, such as a promise, act, or forbearance, given by each party in exchange for the other's promise. It distinguishes a binding contract from a gratuitous promise.