Angola Judicial Magistrate Entrance Exam flashcards

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

Supremacy of the Constitution

The Constitution of Angola is the supreme law; any law or act contrary to it is unconstitutional and void, and all public and private entities are bound by it.

Restriction of fundamental rights

Fundamental rights may be restricted only by law, for a legitimate aim, respecting necessity and proportionality, and never touching the essential core of the right.

Constitutional Court jurisdiction

The Constitutional Court reviews the constitutionality of laws and acts, decides conflicts of competence between organs of sovereignty, and its decisions have general binding force.

Provedor de Justiça

The Ombudsman defends citizens' rights against public administration, investigates complaints and issues recommendations without binding decision power.

Petição inicial requirements

The initial petition in civil proceedings must identify the parties, state the facts and legal grounds, formulate the claim, and be accompanied by supporting documents.

Burden of proof

The party alleging a fact must prove it; presumptions, confession and the law may reverse or dispense with this burden in civil proceedings.

Caso julgado

Res judicata bars re-litigation of the same claim, between the same parties and based on the same cause of action, ensuring legal certainty.

Contract validity requirements

A valid contract requires capacity of the parties, lawful object, valid consent and the form prescribed by law when required.

Nullum crimen sine lege

No crime or penalty may be created or applied without a prior, written and strict law defining the conduct and the sanction.

Prisão preventiva

Preventive detention is an exceptional measure subject to statutory time limits and judicial review, and unlawful detention may be challenged by habeas corpus.

Presunção de inocência

The accused is presumed innocent until a final conviction, and enjoys the right to silence, to counsel and to defence guarantees throughout the proceedings.

Prescrição penal

The statute of limitations extinguishes the criminal procedure after the periods fixed by the Penal Code, depending on the maximum penalty of the offence.

Princípio da legalidade administrativa

Administrative bodies must act in accordance with the Constitution, law and general principles of administrative law, and acts violating them are subject to annulment.

Vícios do acto administrativo

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

Audiência prévia

Before an adverse administrative decision, the interested party must be heard, ensuring participation and defence within the administrative procedure.

Contrato administrativo

An administrative contract is governed by public law rules; the administration may modify or terminate it on public interest grounds, with compensation.

Período experimental

The probationary period in employment has statutory maximum durations and may be excluded by written agreement between employer and worker.

Despedimento ilícito

Dismissal without lawful ground or without the required disciplinary procedure may be judicially declared unlawful, entitling the worker to reinstatement or compensation.

Direito à greve

Workers have the constitutional right to strike and to form trade unions, while lock-out by employers is prohibited.

Contrato de trabalho

The employment contract is characterised by personal performance of work, subordination to the employer and remuneration, and may be indefinite or fixed term.

Sociedade por quotas

A company whose capital is divided into quotas, with shareholders' liability generally limited to their contribution and with a simplified management structure.

Registo comercial

Registration at the commercial registry confers legal personality on companies and provides publicity and legal certainty to commercial acts.

Falência

Bankruptcy is an insolvency proceeding aimed at satisfying creditors through liquidation or a recovery plan, under judicial supervision.

Legítima

The legitimate portion is the part of the estate reserved by law to forced heirs, which the deceased cannot freely dispose of by will.

Poder paternal

Parental authority comprises care, education and administration of the child's property, exercised by both parents in the child's best interests.

Comunhão de adquiridos

The default property regime of marriage under which assets acquired during the marriage are common, while pre-marital assets remain separate.

Independência judicial

Judges are independent, irremovable and subject only to the Constitution and law, deciding free from external pressure or influence.

Conselho Superior da Magistratura

The Superior Council of the Judiciary manages judicial careers, appointments, transfers and discipline of judges, ensuring judicial independence.

Impedimento e suspeição

A judge must abstain when a conflict of interest exists and may be recused when impartiality is doubtful, ensuring a fair trial.

Segredo de justiça

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

Método IRAC

IRAC is a legal analysis method: identify the Issue, state the Rule, Apply the rule to the facts, and reach a Conclusion.

Ratio decidendi

The ratio decidendi is the binding reasoning supporting a judicial decision, while obiter dicta are persuasive only and not binding.