Angola Final Advocacy Access Exam key terms

The supreme law of the Angolan State, which prevails over all other legislation and establishes the organisation of public powers, the fundamental rights of citizens and the limits on state authority.

The defect by which a law, regulation or administrative act contradicts a rule or principle of the Constitution, making it liable to be declared invalid by the competent court.

The system of judicial review through which courts assess whether legislative and administrative acts conform to the Constitution, either in concrete cases or in abstract proceedings.

The basic rights and freedoms of persons recognised and protected by the Constitution, such as life, liberty, equality, privacy and access to justice, which bind public and private actors.

The guarantee that no person may be deprived of liberty or property except through procedures established by law, before a competent, impartial body, with the opportunity to be heard and to defend oneself.

The procedural guarantee allowing any accused or party to present arguments, evidence and legal reasons against the claims or charges brought against them, including through a lawyer of their choice.

The principle requiring that each party be informed of the other party's allegations and evidence and be given a real opportunity to respond before a decision is taken.

An entity such as a company, association or foundation that the law treats as having its own legal personality, distinct from its members, capable of holding rights and obligations.

The legal capacity to be the subject of rights and duties; in civil law it is acquired by natural persons at birth and by legal persons upon their lawful constitution.

The ability recognised by law to exercise rights and perform acts personally; it may be limited by age, mental condition or judicial decision, unlike the mere capacity to hold rights.

A legal situation in which a person cannot validly perform certain acts or must act through a representative or be assisted, due to minority, mental illness or another ground set by law.

A voluntary declaration of will intended to produce legal effects, such as a contract, a will or a company constitution; it is valid only if its elements and formalities comply with the law.

The most serious form of invalidity of a legal act, arising from the breach of essential rules or the absence of a fundamental element, which generally means the act produces no effects and may be declared by any interested party.

A lesser form of invalidity, based on defects such as error, fraud, duress or lack of capacity, which renders the act voidable at the request of the protected party within a time limit.

The set of legal rules determining which court has authority to hear a given case, considering subject matter, value, territory and the hierarchy of the parties involved.

The formal procedural act by which the defendant is informed of the action filed against them and is summoned to appear and respond within the legal deadline.

The legal means by which a party asks a court to resolve a dispute or protect a right, initiating civil proceedings and defining the parties, the claim and its grounds.

The legal description of conduct that the criminal law prohibits and punishes, comprising the objective elements of the act and the subjective elements such as intent or negligence.

The rule that no one may be punished for an act unless a law in force at the time of the act expressly defines it as a crime and fixes the corresponding penalty.

The guarantee that every accused person is treated as innocent until a final conviction is established by a competent court after a fair trial, with the burden of proof resting on the prosecution.

The personal judgement that an accused could and should have acted differently, requiring capacity, awareness of wrongfulness and the absence of excuses, and serving as the basis for applying a penalty.

A coercive measure ordering detention before final conviction, applied only where the law permits and where less restrictive measures are insufficient to protect the proceedings or public order.

Procedural restrictions imposed on an accused during criminal proceedings, ranging from simple identity and residence terms to detention, chosen according to necessity and proportionality.

A company formed by one or more persons who contribute assets or services to carry on a commercial activity and share the resulting profits, having its own legal personality.

The fixed amount representing the contributions of the shareholders, recorded in the company's constitution and serving as a reference for the company's financial obligations and creditor protection.

The principle under which shareholders are liable for company debts only up to the amount of their subscribed capital, leaving their personal assets protected unless the law allows disregard of the company's separate personality.

The agreement by which an employee undertakes to provide work to an employer under the employer's direction, in exchange for remuneration, establishing mutual rights and obligations.

The legal dependence of an employee on an employer, expressed through the employer's power to direct, discipline and control the work performed, distinguishing employment from service contracts.

The unilateral termination of an employment contract by the employer, lawful only on grounds and through procedures set by labour law, otherwise giving rise to compensation or reinstatement.

A unilateral decision of an administrative body, taken in the exercise of public powers, that creates, modifies or extinguishes legal situations for individuals within the framework of administrative law.

The rule that public administration may act only where and as the law authorises, and must pursue the public interest within the limits set by legislation and the Constitution.

The judicial challenge through which an interested party asks a court to annul or declare invalid an administrative act that is unlawful or infringes their legally protected rights.

The legal relationship under which a taxpayer must pay a tax to the State, including the duty to declare facts and the State's power to assess and collect the amount due.

The administrative procedure by which the tax authority determines the taxable amount, calculates the tax due and identifies the taxpayer, making the obligation enforceable.

The person legally bound to pay a tax, whether as the person who carries out the taxable event or as a substitute or responsible party designated by law.

The whole of the assets, rights and obligations left by a deceased person, which passes to the heirs according to the will or, in its absence, to the rules of intestate succession.

Succession governed by law when the deceased left no valid will, or where the will does not dispose of the entire estate, distributing assets according to the legally defined order of heirs.

A revocable unilateral act by which a person disposes of their property for after death, subject to formal requirements and to the limits protecting the legitimate shares of certain heirs.

The public register that records the legal situation of immovable property, including ownership, encumbrances and transfers, providing publicity and legal certainty for real estate transactions.

The fullest right over a thing, allowing its owner to use, enjoy and dispose of it, subject to legal limits and to the social function recognised by the Constitution and land law.

A formal document drawn up by a notary, required by law for certain acts such as transfers of immovable property, which gives the act authenticity and enforceability.

The duty of a lawyer to keep confidential all information learned in the exercise of the profession, protecting the client's trust and not disclosing it without justified cause or legal authorisation.

A situation in which a lawyer's personal, financial or other interests, or the interests of another client, may improperly influence the representation, requiring refusal or withdrawal from the mandate.

The professional obligation of a lawyer to act free from pressure by clients, public authorities or third parties, giving priority to the law and to the client's legitimate interests.

The pleading that opens civil proceedings, identifying the parties, stating the facts and legal grounds, formulating the claim and indicating the evidence the plaintiff intends to produce.

The defendant's pleading responding to the initial petition, in which they may admit, dispute or object to the facts and grounds alleged and present their own defence and evidence.