Armenia Advocate Qualification key terms

The supreme legal act of the Republic of Armenia, adopted by referendum in 1995 and amended by later referenda. It establishes state structure, fundamental rights, and the hierarchy under which ordinary laws must conform.

A specialized body that reviews the conformity of laws, treaties, and certain acts with the Constitution. It also resolves specified disputes between state organs and rules on referenda and impeachment matters.

The process by which legislation and other normative acts are tested against constitutional norms. In Armenia it is concentrated mainly in the Constitutional Court rather than dispersed among ordinary courts.

The principle that constitutional provisions on rights may be invoked and applied by courts without waiting for implementing legislation. It supports arguments that a statute or practice violating the Constitution is inapplicable.

The ordered ranking of legal acts in which lower acts must not contradict higher ones. The Constitution sits at the top, followed by constitutional laws, ratified treaties, codes and statutes, then subordinate normative acts.

A written official document adopted by a competent state or local body that creates, amends, or repeals general rules of conduct. It is binding on an indefinite circle of persons and is subject to publication.

An administrative decision addressed to identified persons or a specific situation, creating, changing, or terminating their rights and duties. It is the main object of administrative challenge before courts.

A mandatory or optional pre-litigation step in which a person asks a higher administrative body to reconsider an individual administrative act. Exhaustion requirements affect whether a court claim is admissible.

A court application seeking annulment of an administrative act, recognition of a right, or an order to perform or refrain from an act. It is heard under administrative procedure by administrative courts.

The rule that the administrative body must justify the lawfulness and factual basis of its act, while the applicant must substantiate the violation of rights. It reflects the inequality of parties in public-law disputes.

The principle that an administrative act is treated as valid and enforceable until annulled or suspended by a competent body. Challenging it does not automatically stay its operation.

Provisional court orders suspending an administrative act or preserving the status quo during proceedings. They are granted where urgency and risk of irreparable harm are shown.

An organization recognized by law as capable of holding rights and duties in its own name, separate from its founders. It may own property, contract, sue, and be sued.

The capacity to have civil rights and duties, which arises for persons at birth or upon registration of an organization. It is distinct from the capacity to exercise rights through one's own acts.

A lawful act of persons aimed at creating, changing, or terminating civil rights and obligations. Transactions may be unilateral, bilateral, or multilateral and require proper form for validity.

A transaction that fails to produce the legal consequences the parties intended, because of defect in consent, form, capacity, or illegality. Consequences may include restitution of what was performed.

A statutory period after which a person generally loses the right to enforce a claim through court. It may be suspended, interrupted, or restored in cases defined by law.

A formal request to a court for protection of a disputed or violated right, stating the facts, legal basis, and relief sought. It initiates civil proceedings and defines their scope.

The rule that each party must prove the facts it relies on to support its claims and objections. The court evaluates the evidence and may draw consequences from a failure to prove.

The conditions under which information may be used to establish facts in a case. Evidence obtained in violation of law is generally excluded from use.

The principle that a person accused of a crime is considered innocent until guilt is proven in accordance with law and established by a final court verdict. Doubt is interpreted in favor of the accused.

The guarantee that a person accused or suspected of a crime may use counsel of choice, be informed of the charges, and challenge evidence. It applies throughout criminal proceedings, including pre-trial stages.

A coercive measure restricting a suspect's liberty for a limited period before a court decides on arrest. It requires statutory grounds and prompt judicial review of its lawfulness.

A court-authorized measure of custody applied to a suspect or accused during proceedings. It is imposed only on statutory grounds and for a period subject to extension by the court.

A lawyer admitted to the bar who provides legal assistance, including defense in criminal cases, representation in civil and administrative matters, and legal advice. Status and duties are defined by advocacy legislation.

The rule protecting confidential information entrusted to a lawyer in the course of legal assistance from disclosure without the client's consent. It survives the end of the engagement and protects the trust on which advice depends.

A situation in which a lawyer's duties to one client or personal interests may improperly influence the representation of another. It generally requires disclosure, consent, or refusal of the engagement.

Categories of criminal cases in which participation of a defense lawyer is required by law regardless of the accused's wishes. Absence of counsel in such cases makes proceedings defective.

A structured analysis of a legal problem presenting facts, issues, applicable norms, reasoning, and conclusions. It aims to inform a decision-maker or client clearly and accurately.

A procedural document filed with a court, such as a claim or objection, that must state facts, legal grounds, and requested relief. It must meet statutory content and form requirements.

The method of applying general norms to particular facts through interpretation, analogy, and argument. It requires identifying the applicable rule, its meaning, and its fit with the facts.

An agreement between an employee and an employer establishing work duties, remuneration, and conditions. It may be amended or terminated only on grounds and in the manner set by labor law.

Termination of an employment contract by the employer, permitted only on statutory grounds and subject to procedural guarantees. Unlawful dismissal may be challenged and lead to reinstatement or compensation.

A disagreement between employee and employer over rights or interests arising from employment. It may be resolved through conciliation, a labor commission, or a court.

The statutory duty of a taxpayer to calculate, declare, and pay taxes within set deadlines. Failure may trigger penalties, interest, and enforcement measures by the tax authority.

An examination by the tax authority of a taxpayer's records to verify compliance. Its results are recorded in an act that may be challenged through administrative and judicial procedures.

A voluntary union of a man and a woman registered with a civil registry office, creating mutual rights and duties. Legal consequences arise from registration, not from cohabitation alone.

The process of determining each spouse's share of property acquired during marriage, generally presumed to be equal unless otherwise agreed or proven. It may occur on divorce or at a creditor's request.

The determination of with whom a child resides and who exercises parental authority after separation or divorce. Decisions are made primarily in the child's best interests.

A written agreement between states or international organizations governed by international law. Ratified treaties may form part of domestic law and rank above ordinary statutes in the hierarchy of norms.