Angola Judicial Magistrate Entrance Exam cheat sheet

The Angolan Constitution of 2010 is the supreme law; laws and acts contrary to it are unconstitutional (Art. 6).

Fundamental rights are directly applicable and bind public and private entities (Art. 28); constitutional revision may not abolish them (Art. 236).

Rights may be restricted by law only, must be general and abstract, and must respect proportionality, necessity and the essential core of the right.

The Constitutional Court (Tribunal Constitucional) exercises concentrated review; ordinary courts apply the Constitution and may raise unconstitutionality.

The Ombudsman (Provedor de Justiça) defends citizens' rights against public administration and lacks binding decision power.

Suspension of rights is permitted only under a state of emergency or siege, declared with constitutional and legal limits.

Equality before the law is guaranteed; distinctions must pursue a legitimate aim and be objectively justified.

Access to justice and effective judicial protection are fundamental guarantees; courts cannot refuse to decide for lack of a norm.

Legal persons acquire personality upon registration; natural persons acquire it at birth, and the unborn are protected where the law allows.

Contracts require capacity, lawful object, valid consent and a lawful form when prescribed; vices of consent include error, fraud, coercion and undue influence.

Prescription generally extinguishes rights after the period set by law; interruption restarts the period and suspension pauses it.

Civil procedure follows the adversarial principle (contraditório) and the principle of party disposition, with court-led instruction.

The petition (petição inicial) must state parties, facts, legal grounds and the claim; defects lead to an invitation to correct.

Burden of proof rests on the party alleging the facts (Art. 342 Civil Code); presumptions and confession may reverse or dispense it.

Judgments must be reasoned; nullities of the judgment include failure to rule on pleaded issues or contradictory grounds.

Res judicata (caso julgado) bars re-litigation of the same claim, parties and cause of action.

Legality principle: no crime or penalty without a prior, written, strict law (nullum crimen sine lege).

Criminal liability requires a typical, unlawful and culpable act; fault (dolus or negligence) is presumed only where the law says so.

Attempt is punishable when the execution has begun and the result fails for reasons outside the agent's control.

Co-authorship requires joint execution; instigation and complicity are punishable within statutory limits.

Statute of limitations (prescrição) extinguishes the criminal procedure after the periods fixed by the Penal Code.

Preventive detention (prisão preventiva) is exceptional, subject to legal time limits and judicial review; habeas corpus protects unlawful detention.

The Public Prosecution (Ministério Público) directs investigation and brings the accusation; the judge conducts the trial.

The accused enjoys presumption of innocence, right to silence, right to counsel and the ne bis in idem guarantee.

Administrative acts are unilateral, binding decisions of public bodies made under public law powers and subject to legality review.

The principle of legality requires administrative acts to respect the Constitution, law and general principles of administrative law.

Administrative silence may be treated as tacit refusal or tacit approval only where the law expressly provides.

Grounds for annulment include lack of competence, procedural defect, abuse of power and violation of law.

Administrative litigation generally follows the French-style model: annulment of unlawful acts and, where allowed, condemnation of the administration.

Administrative contracts are governed by public law rules; the administration may modify or terminate them on public interest grounds with compensation.

Prior administrative complaint (reclamação or recurso hierárquico) may be a condition for judicial challenge where the law requires it.

The judge in administrative litigation may suspend the effects of an act (efeito suspensivo) when serious harm and fumus boni iuris are shown.

The employment contract may be for an indefinite term, fixed term or unspecified term; fixed terms require written form and lawful grounds.

The probationary period (período experimental) has statutory maximum durations and may be excluded by written agreement.

Dismissal requires a lawful ground (objective or disciplinary) and compliance with the disciplinary procedure, including hearing the worker.

Collective bargaining agreements (convenções colectivas) bind the parties and may improve, not reduce, statutory minimum rights.

Working time, rest periods, annual leave and minimum wage are set by law and may be improved by agreement.

Workers have the right to strike and to form trade unions; lock-out is constitutionally prohibited.

Labour procedure is simplified and guided by the principle of the worker's protection; conciliation precedes adjudication.

Termination without just cause or procedure may be judicially declared unlawful, entitling reinstatement or compensation.

A commercial company acquires legal personality upon registration at the Conservatória do Registo Comercial.

Types of companies include sociedade anónima, sociedade por quotas and sociedade unipessoal; each has distinct capital and liability rules.

Shareholders' liability is generally limited to their contribution; corporate creditors reach company assets only.

Company organs typically comprise the general meeting, management and supervisory body (conselho fiscal or auditor).

Commercial acts are those defined by the Commercial Code and by analogy; merchants must keep organised accounting and commercial books.

Bankruptcy (falência) and insolvency proceedings aim to satisfy creditors and may involve recovery plans.

Company accounts and annual reports must be approved by the general meeting within the statutory period.

Trademarks, trade names and other industrial property rights are registered and protected under industrial property law.

Civil marriage may be celebrated in civil or religious form recognised by law; it creates a community of property unless separation is chosen.

The family is constitutionally protected; spouses have equal rights and duties, and parental authority is exercised in the child's interest.

Divorce may be by mutual consent or without consent on statutory grounds; effects include division of property and parental arrangements.

Succession opens at the moment of death; heirs are called by law (legitimate) or by will (testamentary).

The legitimate portion (legítima) reserves part of the estate to forced heirs; the disposable portion may be freely bequeathed.

Acceptance of an inheritance may be pure and simple or with benefit of inventory; renunciation is possible with formal requirements.

Minors have legal capacity limited by law; the regime of parental authority and guardianship protects their property and person.

Adoption is judicially approved and creates a legal parent-child relationship subject to statutory conditions.

Judicial power is exercised by courts of law, which are independent and subject only to the Constitution and law.

The court structure includes the Constitutional Court, the Supreme Court, courts of appeal and courts of first instance.

Judges are appointed, transferred and removed under the statute of the judiciary; judicial office is incompatible with partisan political activity.

The Superior Council of the Judiciary (Conselho Superior da Magistratura) manages careers and discipline of judges.

Court sessions are public except where the law protects minors, privacy or public order.

Judicial decisions must be reasoned, and court hearings observe publicity, oral argument and the adversarial principle.

The Public Prosecution is an autonomous body that defends legality and represents the State in court.

Judicial fees, legal aid and access to the courts are regulated to ensure effective judicial protection.

Judges are irremovable, impartial and independent; they must decide without external pressure.

Judicial duties include confidentiality of deliberations (segredo de justiça), diligence and refraining from incompatible activities.

Judges must declare conflicts of interest and abstain (impedimento) or may be recused (suspeição) when impartiality is doubtful.

Disciplinary liability of judges may be civil, criminal, disciplinary or financial, and proceedings respect defence rights.

Judges may not engage in commercial activity, partisan politics or public functions incompatible with judicial office.

The statute requires dignified conduct in and out of office, respect for parties and colleagues, and honesty in declaring assets.

Judicial secrecy covers deliberations and case information; disclosure may constitute a disciplinary and criminal offence.

Judges have a duty to update legal knowledge and participate in continuing judicial training.

A legal opinion should state facts, identify issues, apply rules to facts and conclude with a reasoned answer.

IRAC (Issue, Rule, Application, Conclusion) is a structured method for legal analysis and problem solving.

Judicial decisions follow a syllogistic structure: legal norm (major premise), facts (minor premise) and conclusion.

Statutory interpretation uses literal, systematic, historical and teleological criteria, with the Constitution prevailing.

Ratio decidendi is the binding reasoning of a decision; obiter dicta are persuasive only.

Analogous application of law is permitted where a gap exists and the analogy respects the law's purpose.

Citations should identify the norm, article and official source; facts must be distinguished from opinion.

Case analysis should identify parties, facts, legal questions, holdings and the reasoning supporting the outcome.

The Constitution prevails over ordinary law; unconstitutional norms are void (nulidade) with effects erga omnes.

Preventive review occurs before promulgation; subsequent review is abstract or concrete.

Rights of freedom, participation and solidarity are protected; the essential core may never be restricted.

The State of emergency may suspend certain rights but never the right to life, personal integrity or the guarantees of defence.

Property rights are guaranteed; expropriation requires public purpose and fair compensation.

Citizens may exercise the right of petition and popular action (acção popular) to defend constitutionality and public goods.

The Constitutional Court decides conflicts of competence between organs of sovereignty and reviews constitutionality.

Treaties ratified by Angola form part of the internal legal order and must respect the Constitution.

Legal acts may be annulled for error, fraud, coercion or incapacity; nullity applies where law or object is unlawful.

Obligations arise from contracts, unilateral acts, unjust enrichment, civil wrongs and the law.

The debtor is liable for non-performance unless impossibility is not attributable to him; damages cover loss and lost profit.

Ownership confers full powers of use, enjoyment and disposal, subject to legal limits and good faith.

Possession may lead to acquisition by usucapião after the periods set by law, depending on title and good faith.

In civil proceedings, the court may order provisional measures (providências cautelares) to prevent imminent harm.

Appeals must be lodged within statutory deadlines and state the factual and legal grounds of the challenge.

Court costs follow the loser-pays principle (custas judiciais), subject to legal aid exemptions.

Penalties include imprisonment, fines and alternative sanctions; the judge applies the statutory range with sentencing criteria.

Aggravating and mitigating circumstances adjust the penalty; the judge must state the reasons for the measure.

Criminal procedure has phases: investigation, instruction (where applicable), trial and appeal.

Evidence obtained through torture or violation of physical integrity is void and cannot be used.

The accused must be informed of the accusation in a language he understands and may be assisted by an interpreter.

The trial is public and oral; the judge may order secret proceedings only in cases provided by law.

The Public Prosecution may appeal decisions; the accused may appeal within the legal deadline.

Criminal records and rehabilitation are regulated; rehabilitation extinguishes certain effects of conviction.

Administrative acts may be revoked for illegality or, within limits, for reasons of merit; revocation must respect acquired rights.

The administration must respect the principles of proportionality, impartiality, good faith and participation of interested parties.

Public bodies must give reasons for decisions affecting rights (fundamentação).

The administrative procedure includes hearing the interested party before an adverse decision (audiência prévia).

Administrative litigation deadlines are short and typically run from notification or publication of the act.

The court may award compensation for unlawful administrative acts causing damage.

Public procurement is governed by law and subject to judicial review of award decisions.

Regulatory powers of administrative authorities must be exercised within the limits of the enabling law.

The employment relationship is characterised by subordination, remuneration and personal performance of work.

Employers must provide safe working conditions and comply with occupational health and safety rules.

Maternity and paternity rights include leave and protection against dismissal during protected periods.

Overtime work is limited by law and paid at increased rates.

Collective disputes may be resolved by conciliation, mediation or arbitration before strike action.

The labour court is competent for disputes arising from employment contracts and collective agreements.

Workers may claim unpaid wages and compensation; claims are subject to statutory limitation periods.

Employers may impose disciplinary sanctions after a written procedure, respecting the worker's right to defend.

The commercial company's capital is divided into shares (acções) or quotas (quotas) according to its type.

Management may be entrusted to directors (administradores) whose powers and liability are set by law and the articles.

A company is dissolved by expiry of its term, completion of its object, insolvency or shareholder resolution.

Commercial contracts include sale, agency, distribution and insurance contracts governed by commercial law.

Negotiable instruments (letras, livranças, cheques) require statutory formalities to be enforceable.

Mergers and acquisitions require shareholder approval and registration to take effect against third parties.

Corporate groups and related-party transactions are subject to disclosure and conflict-of-interest rules.

The commercial register is public and registration provides publicity and legal certainty.

Marriage requires free consent, legal capacity and absence of impediments such as close kinship.

The community of property (comunhão de adquiridos) covers assets acquired during marriage; pre-marital assets remain separate.

Parental authority includes care, education and administration of the child's property, exercised by both parents.

Adoption and guardianship require judicial decision and supervision by the public authorities.

A will may be formal (public or sealed) or informal (holograph) under statutory conditions.

Inheritance is divided among heirs according to law or the will, respecting the forced share.

A succession may be accepted with benefit of inventory to protect the heir from debts beyond the estate.

Minors' best interests guide decisions on custody, maintenance and personal relations.

Courts of first instance include district courts and specialised courts (labour, family, administrative).

The Supreme Court ensures uniformity of case law and decides appeals on points of law.

Judges are appointed by the President on the proposal of the Superior Council of the Judiciary.

The Public Prosecution acts under the Attorney General (Procurador-Geral da República) and is autonomous.

Court administration and judicial secretariats support judges and manage procedural acts.

Judicial inspection and disciplinary bodies supervise the conduct and performance of judges.

The Constitution guarantees the right of access to courts and legal aid for those lacking means.

Court jurisdiction is determined by the nature of the claim and the parties involved.

Judges must be impartial, independent and refrain from any act that may compromise public confidence.

Judicial ethics require courtesy to parties, respect for colleagues and confidentiality of deliberations.

A judge must abstain where personal interest or family relationship may affect impartiality.

Disciplinary sanctions range from warning to dismissal and follow a statutory procedure with defence rights.

Judges may not hold incompatible offices, engage in commerce or exercise partisan political functions.

Asset declarations and transparency obligations apply to judges under the statute.

Judicial training and continuing education are part of the judge's professional duties.

Breach of judicial secrecy may trigger disciplinary and criminal liability.

A legal document should be clear, precise, well-structured and free of ambiguity.

Reasoning must connect facts to norms through a logical syllogism and address counter-arguments.

Case analysis identifies the legal question, applies the rule and reaches a justified conclusion.

Precedent (jurisprudência) is persuasive; uniform case law may influence interpretation.

Legal argument should distinguish ratio decidendi from obiter dicta.

Analogies and general principles fill gaps only where consistent with the law's purpose.

Citations must identify the source, article and date; facts and opinions must be separated.

The IRAC method structures legal analysis: Issue, Rule, Application, Conclusion.

The Constitution guarantees the right to life, personal integrity and human dignity.

Freedom of expression and information is protected, subject to legal limits protecting honour, privacy and public order.

The right to property and fair compensation for expropriation are constitutionally guaranteed.

The Constitution protects the family, marriage and maternity as fundamental social institutions.

The right to work and fair remuneration is recognised, with protection against unfair dismissal.

The Constitution guarantees access to justice and effective judicial protection.

Fundamental rights bind public and private entities alike.

Restrictions on rights must be general, abstract, necessary and proportionate.

A contract is formed by offer and acceptance; the offer may be revoked before acceptance.

Invalidity includes nullity (void acts) and annulability (defective consent or incapacity).

The debtor is in default (mora) when a demand is made or when the law so provides.

Ownership may be transferred by contract and delivery according to the nature of the asset.

Civil procedure requires the court to be competent and the parties to have capacity.

The petition must be accompanied by documents supporting the facts alleged.

The judge must decide all issues raised by the parties and may not exceed the claim.

Final judgments may be appealed within the statutory deadline.

Criminal conduct requires a typical, unlawful and culpable act.

Fault may be intentional (dolus) or negligent (negligence); negligence is punishable only where the law provides.

Attempt is punishable when execution has begun and the result fails for reasons beyond the agent's control.

Co-authorship and complicity are punishable within statutory limits.

The statute of limitations extinguishes the criminal procedure after statutory periods.

Preventive detention is exceptional and subject to judicial review and time limits.

The accused enjoys the presumption of innocence and the right to silence.

The ne bis in idem principle bars double prosecution for the same facts.

Administrative acts are unilateral decisions of public bodies under public law powers.

The principle of legality requires acts to respect the Constitution, law and general principles.

Administrative silence is treated as tacit refusal or approval only where the law provides.

Grounds for annulment include lack of competence, procedural defect, abuse of power and violation of law.

Administrative litigation allows annulment of unlawful acts and, where permitted, compensation.

Administrative contracts may be modified or terminated on public interest grounds with compensation.

Prior administrative complaint may be required before judicial challenge.

The judge may suspend the effects of an act when serious harm and fumus boni iuris are shown.

The employment contract may be indefinite, fixed term or for an unspecified term; fixed terms require written form.

The probationary period has statutory maximum durations and may be excluded by written agreement.

Dismissal requires a lawful ground and compliance with the disciplinary procedure, including hearing the worker.

Collective agreements bind parties and may improve, not reduce, statutory minimum rights.

Working time, rest periods, annual leave and minimum wage are set by law and may be improved by agreement.

Workers have the right to strike and to form trade unions; lock-out is prohibited.

Labour procedure is simplified and guided by the principle of worker protection.

Unlawful dismissal entitles the worker to reinstatement or compensation.

A company acquires legal personality upon registration at the commercial registry.

Company types include sociedade anónima, sociedade por quotas and sociedade unipessoal.

Shareholders' liability is generally limited to their contribution.

Company organs include the general meeting, management and supervisory body.

Commercial acts are defined by the Commercial Code and by analogy.

Insolvency proceedings aim to satisfy creditors and may involve recovery plans.

Annual accounts must be approved by the general meeting within the statutory period.

Trademarks and trade names are protected under industrial property law.

Civil marriage creates a community of property unless separation is chosen.

Spouses have equal rights and duties, and parental authority is exercised in the child's interest.

Divorce may be by mutual consent or on statutory grounds.

Succession opens at death; heirs are called by law or by will.

The legitimate portion reserves part of the estate to forced heirs.

Acceptance of an inheritance may be pure and simple or with benefit of inventory.

Minors have limited legal capacity; parental authority and guardianship protect them.

Adoption is judicially approved and creates a legal parent-child relationship.

Judicial power is exercised by courts, which are independent and subject only to the Constitution and law.

Courts include the Constitutional Court, Supreme Court, courts of appeal and courts of first instance.

Judges are appointed, transferred and removed under the statute of the judiciary.

The Superior Council of the Judiciary manages judicial careers and discipline.

Court sessions are public except where the law protects minors, privacy or public order.

Judicial decisions must be reasoned and observe the adversarial principle.

The Public Prosecution is autonomous and defends legality.

Legal aid and judicial fees are regulated to ensure access to justice.

Judges are irremovable, impartial and independent.

Judicial duties include confidentiality of deliberations and diligence.

Judges must declare conflicts of interest and abstain when impartiality is doubtful.

Disciplinary liability may be civil, criminal, disciplinary or financial.

Judges may not engage in commerce or partisan political activity.

The statute requires dignified conduct and honesty in asset declarations.

Judicial secrecy covers deliberations and case information.

Judges have a duty to update legal knowledge through continuing training.

A legal opinion states facts, identifies issues, applies rules and concludes.

IRAC structures legal analysis: Issue, Rule, Application, Conclusion.

Judicial decisions follow a syllogistic structure: norm, facts and conclusion.

Statutory interpretation uses literal, systematic, historical and teleological criteria.

Ratio decidendi is binding; obiter dicta are persuasive only.

Analogous application fills gaps where consistent with the law's purpose.

Citations identify the norm, article and official source.

Case analysis identifies parties, facts, legal questions, holdings and reasoning.

The Constitution prevails over ordinary law; unconstitutional norms are void.

Preventive review occurs before promulgation; subsequent review is abstract or concrete.

Rights of freedom, participation and solidarity are protected; the essential core may never be restricted.

A state of emergency may suspend certain rights but never the right to life or guarantees of defence.

Property rights are guaranteed; expropriation requires public purpose and fair compensation.

Citizens may exercise the right of petition and popular action.

The Constitutional Court decides conflicts of competence between organs of sovereignty.

Ratified treaties form part of the internal legal order and must respect the Constitution.

Legal acts may be annulled for error, fraud, coercion or incapacity; nullity applies where law or object is unlawful.

Obligations arise from contracts, unilateral acts, unjust enrichment, civil wrongs and the law.

The debtor is liable for non-performance unless impossibility is not attributable to him.

Ownership confers powers of use, enjoyment and disposal subject to legal limits.

Possession may lead to acquisition by usucapião after statutory periods.

Courts may order provisional measures to prevent imminent harm.

Appeals must be lodged within statutory deadlines and state grounds.

Court costs follow the loser-pays principle, subject to legal aid exemptions.