Angola Judicial Staff Entry Exam key terms

The supreme law of Angola, adopted in 2010, which organises the state, lists fundamental rights and duties, and prevails over every other legal norm. Any law or act contrary to it is invalid.

The rule that public authorities may act only where the law permits and must follow the law in the form and procedure it prescribes. It limits state power and protects citizens against arbitrary decisions.

The mechanism by which courts and the Constitutional Court review whether laws and state acts comply with the Constitution. It may be preventive, abstract, concrete or by omission, depending on the procedure used.

Basic entitlements of every person recognised in the Constitution, such as life, liberty, dignity, equality and property. They bind public and private actors and may be restricted only in the cases and terms the Constitution allows.

A swift court remedy available to anyone unlawfully detained, or to any citizen on their behalf. The judge orders the detainee brought before the court and releases them if the detention lacks legal grounds.

A constitutional remedy allowing a person to access, correct or delete personal information held in public or private files and databases. It protects privacy and informational self-determination.

An entity such as a company, association or foundation that the law treats as having its own legal personality, separate from its members. It can hold rights, contract, sue and be sued in its own name.

The legal ability to hold rights and to exercise them personally. Capacity to enjoy rights is general, while capacity to exercise rights depends on age, mental condition or judicial decision.

A voluntary act by which parties create, modify or extinguish legal relations, such as a contract, will or marriage. Its validity depends on capacity, consent, a lawful object and the required form.

An agreement between two or more parties that creates binding obligations. It is valid when the parties are capable, consent is free and informed, the object is lawful and any required form is observed.

A defect affecting consent that may invalidate a legal act, such as error, fraud, coercion or undue influence. The party whose will was affected may seek annulment within the legal time limit.

The most serious form of invalidity, arising when an act breaches mandatory law or public order. A null act produces no effects and, in general, may be declared so at any time.

A lesser form of invalidity that makes an act voidable at the request of the protected party, for example in cases of error, fraud or incapacity. It must be invoked within the legal period.

The rule that determines which court, among those of the same level, may hear a case, usually based on the defendant's domicile or the place of the facts or property. It may be waived or altered by agreement in some cases.

The document by which the plaintiff brings a civil action, stating the parties, the facts, the legal grounds and the relief sought. If it meets the legal requirements, the court orders service on the defendant.

The formal act by which a defendant is informed of an action and given the opportunity to respond within a set period. Defective service may render later proceedings void.

The procedural right of each party to be heard, to know the other side's arguments and evidence, and to respond before a decision is made. It is a core guarantee of a fair trial.

The rule that the parties, not the court, define the subject of a civil dispute by their claims and evidence. The judge decides within those limits and cannot grant more than was requested.

The precise description in the Penal Code of the conduct that constitutes an offence, including the required mental element. No one may be punished for conduct not covered by such a description.

The guarantee that only a law previously approved may define a crime and its penalty, and that it may not be applied by analogy against the accused. It also forbids retroactive punishment.

The mental element of intentionally committing an offence, where the agent knows the facts and wants, or accepts, the result. Negligence is punished only where the law expressly provides for it.

The personal reproach addressed to an agent who, being capable and aware of the wrongfulness of the act, could reasonably have acted otherwise. It is assessed after the offence and unlawfulness are established.

Detention ordered by a judge during a criminal case, before final conviction, where legal requirements such as flight risk or danger to the investigation are met. It is exceptional and subject to periodic review.

A restriction imposed on a defendant during proceedings to secure the case, ranging from identity and residence terms to detention. The judge must choose the least severe measure adequate to the risk.

The investigation phase of criminal proceedings, conducted under the direction of the Public Prosecution, to gather evidence of an offence and identify its authors. It precedes the accusation and trial.

A unilateral decision of an administrative authority that produces legal effects on citizens, such as a licence, fine or appointment. It must be lawful, reasoned and open to challenge.

A judicial challenge brought before an administrative court against an administrative act alleged to be unlawful. The court may annul the act or order the administration to act.

A legally protected interest of a person affected by administrative action, which entitles them to challenge unlawful decisions. It differs from a subjective right in the degree of protection it confers.

An agreement by which a worker undertakes to provide paid activity to an employer under the latter's direction. It creates reciprocal rights and duties and is generally concluded in writing.

The employer's unilateral termination of the employment contract. It is lawful only on grounds and by procedures set by law, such as disciplinary dismissal with a hearing or dismissal for objective reasons.

A serious reason, attributable to the worker or to the employer's needs, that justifies termination without the ordinary notice or compensation. It must be proved and followed by the required procedure.

An initial stage of the employment contract during which either party may terminate more easily, to test whether the worker suits the job. Its length depends on the type of contract.

The legal union of two people, celebrated and registered according to law, creating personal and property effects. It may be civil or traditional, and it can be dissolved by death or divorce.

The set of rules governing ownership of property during a marriage and on its dissolution. The default is community of acquired property, but couples may choose another regime by agreement.

The legal dissolution of a marriage during the parties' lifetime, by mutual consent or by litigation. It ends the marital bond and triggers division of property and arrangements for children.

The whole of a deceased person's assets, rights and debts that passes to their heirs or legatees. It may be accepted or renounced and is divided according to the will or the law.

Inheritance governed by law when there is no valid will or when the will covers only part of the estate. The law ranks relatives and, failing them, the state as heirs.

A unilateral, revocable act by which a person disposes of their property for after death. It must observe the legal forms and cannot deprive forced heirs of their protected share.

The court that has the final word on the constitutionality of laws and acts, hears certain electoral disputes and decides conflicts of jurisdiction between state organs. Its rulings bind all authorities.

The independent body of magistrates that represents the state, defends legality and the public interest, and directs criminal investigation. It brings criminal accusations and intervenes in certain civil cases.

The body that manages the careers of judicial magistrates, including appointments, transfers and disciplinary matters. It safeguards judicial independence in matters of status and promotion.

A short reasoned introduction to a legal document explaining why it is being drawn up and what it aims to achieve. It precedes the operative part and helps the reader understand the request.

The final decision of a court that resolves the case, stating the facts proved, the legal grounds and the operative ruling. It must be reasoned and is subject to appeal where the law allows.

A written document by which one person grants another the power to act on their behalf, for example to represent them in court. It must specify the powers granted and the acts authorised.

The power to act in another person's name by operation of law, such as a parent acting for a minor child or a guardian for a ward. The representative binds the represented person within the legal limits.

A legal arrangement in which a guardian is appointed to protect and manage the affairs of a minor or an incapacitated adult who cannot do so themselves. The guardian acts under court supervision.

The organisation of Portuguese-speaking states, including Angola, that cooperates on law, education, health and culture. It promotes legal and judicial exchange among its member countries.

The continental organisation of African states, founded in 2002, which promotes peace, integration and development. Angola is a member and has hosted its institutions and summits.

The unicameral parliament of Angola, elected by universal suffrage, which makes laws, approves the budget and scrutinises the government. It also approves the appointment of certain senior officials.