Angola Judicial Magistrate Entrance Exam key terms

The supreme law of Angola, adopted in 2010, which organises the state, limits public power and guarantees fundamental rights. All other laws and acts must comply with it or be invalid.

Rights recognised to every person by the Constitution, such as life, liberty, dignity, equality and fair trial. They bind public and private actors and may be restricted only under constitutional conditions.

Rule that the Constitution prevails over every other norm, so laws and administrative acts contrary to it are void. It grounds judicial review of legislation and of public action.

The mechanism by which courts review whether laws and acts conform to the Constitution, either abstractly or in a concrete case. It may lead to the annulment of the unconstitutional norm.

A finding that the legislature failed to adopt measures needed to make a constitutional rule effective. The court declares the omission and urges the competent organ to legislate.

Requirement that restrictions on rights be suitable, necessary and balanced in relation to their aim. Excessive or unnecessary measures are unlawful even when pursuing a legitimate purpose.

In public law, organs may act only where the law authorises them; in criminal law, no crime or penalty exists without a prior legal provision. It protects citizens against arbitrary power.

The right of every person to bring a claim before a court and obtain a reasoned decision within a reasonable time. It includes effective judicial protection and the right to appeal where provided by law.

The guarantee that courts will grant real, timely and adequate protection of rights, not merely a formal decision. It requires enforceable judgments and provisional measures where needed.

The legal capacity to be the holder of rights and duties. It begins at birth for natural persons and is acquired by companies upon registration of their incorporation.

The capacity to exercise rights personally, which generally requires full age and sound mind. Minors and persons deprived of capacity act through legal representatives or are assisted.

A legal situation in which a person cannot validly perform certain acts alone, due to minority, mental disorder or judicial decision. Acts done without the required representation may be annulled.

A voluntary act intended to create, modify or extinguish rights and obligations, such as a contract or a will. Its validity depends on capacity, lawful object, proper form and absence of defects of consent.

A defect affecting consent at the time of a legal act, such as error, fraud, coercion or undue influence. It may render the act voidable at the request of the injured party.

The most serious invalidity, arising when a legal act breaches mandatory law, has an impossible or unlawful object or lacks essential form. A void act produces no effects and may be declared so by any interested party.

A lesser invalidity that makes an act voidable rather than automatically void, for example because of a defect of consent. It must be invoked within the legal time limit by the protected party.

The burden on a party to prove the facts on which its claim or defence rests. Failure to discharge it normally leads to a decision against that party.

The document by which a claimant states the parties, the facts, the legal grounds and the relief sought, thereby starting civil proceedings. It must meet legal requirements or be rejected or corrected.

The right of each party to be heard and to respond to the other side's arguments and evidence before a decision is taken. It is a core guarantee of fair procedure in all jurisdictions.

Urgent measures granted by a court to prevent serious harm or loss of the usefulness of a pending or future action, such as seizure or suspension of an act. They require appearance of right and urgency.

The quality of a judicial decision that can no longer be appealed or reviewed by ordinary means. It makes the ruling definitive and binding between the parties.

The procedural means by which a party asks a higher court to review a decision it considers wrong. It must be lodged within the legal deadline and on permitted grounds.

The correspondence between a person's conduct and the elements of a crime described by law. Without a typical act there is no crime, even if the behaviour is morally or socially reproachable.

The personal reproach addressed to the author of a typical and unlawful act, requiring imputability, knowledge of wrongfulness and expectation of lawful conduct. It grounds the imposition of a penalty.

The process of choosing and quantifying the sanction within the legal range, considering the gravity of the act, the degree of fault and the offender's circumstances. It must be reasoned.

Detention ordered by a judge during criminal proceedings when legal requirements such as strong evidence and danger of flight or reoffending are met. It is exceptional and subject to periodic review.

Restrictions imposed on an accused during proceedings to secure attendance and protect evidence, ranging from identity and residence terms to pre-trial detention. They must respect legality and proportionality.

The maximum period for which a person may be held without being presented to a judge, set by the Constitution and law. Exceeding it makes the detention unlawful.

A swift judicial remedy against unlawful detention or a threat of it, allowing a court to order release. It protects personal liberty and is available to the detainee or any person on their behalf.

The investigative phase of criminal proceedings, conducted under judicial supervision, in which evidence is gathered and the decision to accuse or close the case is prepared.

The formal act by which the prosecution states the facts attributed to the accused and the legal provisions breached, opening the way to trial. It defines the object of the case.

A unilateral decision of a public body taken under administrative law that produces legal effects on individuals, such as a licence, a fine or an expropriation. It must be lawful, reasoned and published where required.

The judicial action by which an interested party seeks annulment or redress of an unlawful administrative act. It must be brought within the legal time limit before the competent administrative court.

The legal position of a person enabling them to take part in a given case, either as holder of the disputed right or as defender of a legally protected interest. Lack of it bars the claim.

An agreement by which a worker performs services under the authority and direction of an employer in return for remuneration. It creates reciprocal rights and duties governed by labour law.

The employer's power to direct, discipline and control the worker's activity, which distinguishes an employment relationship from a service contract. It is a defining element of the labour contract.

The employer's unilateral termination of the employment contract. It is lawful only on grounds and under procedures set by law, such as serious misconduct or economic reasons, and may be challenged in court.

A company formed by two or more persons who contribute assets or services to pursue a common economic purpose and share profits. Its main types are defined by commercial law.

The public register in which companies and commercial acts are recorded, giving them publicity and legal certainty. Registration of incorporation creates the company as a legal person.

A document recognised by law as proving a certain, liquid and due obligation, such as a notarial deed or a final judgment. It allows the creditor to seek enforcement without a prior declaratory trial.

The whole of the deceased person's assets and liabilities, transmitted to heirs and legatees on death. It is opened at the moment of death and may be accepted or renounced.

Succession governed by law when there is no valid will or for the portion the deceased could not freely dispose of. It follows a statutory order of heirs, beginning with spouse and descendants.

A revocable act by which a person disposes of their property for after death, within the limits of the freely disposable share. It must observe the forms required by law.

The legal regime protecting children whose parents cannot exercise parental responsibilities, placing them under a guardian appointed by the court. It safeguards their person and property.

The principle requiring that decisions affecting a child give primary consideration to their wellbeing and development. It guides courts and authorities in family and minors' cases.

The constitutional principle that judges decide cases free from interference by other powers, parties or private interests. It is guaranteed by tenure, immunity and disciplined appointment procedures.

The duty of a judge to decide without favour or prejudice towards any party. It justifies legal grounds for refusal and impediment, and breaches may lead to disciplinary liability.

The law regulating judges' appointment, career, duties, rights, immunities and disciplinary regime. It secures their independence and defines conduct expected in office.

The obligation not to disclose information learned in the exercise of judicial or legal functions. It protects privacy, trust and the proper administration of justice, and breach may be sanctioned.

The requirement that judicial decisions state the facts proved, the legal grounds applied and the reasoning linking them. Unreasoned decisions are defective and may be overturned on appeal.

The reasoning structure of a judgment, in which the legal rule is the major premise, the proved facts the minor premise, and the decision the conclusion. It exposes the logic of the ruling.

The intellectual operation of fitting the concrete facts of a case into the abstract elements of a legal rule. It is the core step that allows the court to apply the appropriate consequence.

The process of determining the meaning and scope of a legal provision, using textual, systematic, historical and teleological criteria. It guides the judge in applying the norm to the case.