Pravosudni ispit key terms

The principle that a final court judgment settles the dispute conclusively, so the same parties cannot litigate the same claim again before another court.

The quality of a decision that can no longer be appealed by ordinary remedy, making it final and enforceable within the court system.

The state of a case already pending before a court, which bars a later identical action between the same parties on the same claim.

The allocation of jurisdiction among courts according to the type and value of the dispute, determining which court hears a case at first instance.

The rule assigning a case to a court based on the defendant's residence or the location connected with the dispute, rather than the type of claim.

The enforceability of a decision or authentic document that allows a creditor to seek compulsory satisfaction of a claim through the enforcement procedure.

Court proceedings by which a creditor enforces a claim against a debtor's property or conduct using enforcement measures authorised by law.

The rule that every person charged with a criminal offence is presumed innocent until guilt is established by a final judgment of a competent court.

The evidentiary principle requiring a court to resolve unresolved doubts about facts in favour of the accused rather than against him.

The requirement that each party be given a fair opportunity to respond to the evidence and arguments presented by the opposing side before a decision is made.

The accused's right to defend himself personally or through counsel, to be informed of the charges, and to have adequate time and facilities to prepare.

A defence that is lawful when necessary to repel a simultaneous unlawful attack on a protected interest, limited by the requirement of proportionality in the response.

A situation justifying an otherwise unlawful act performed to avert an immediate, otherwise unavoidable danger to a legally protected interest, where the harm caused is lesser.

The constitutional principle that all state action must rest on and comply with the constitution and statutes, with unconstitutional acts being subject to annulment.

An individual decision issued by a public authority in an administrative matter, determining rights or obligations of a specific person and subject to judicial review.

Judicial proceedings reviewing the lawfulness of administrative acts, in which the court generally does not decide the merits but may annul a defective act.

The bounded freedom of an administrative authority to choose among lawful options, which must be exercised within statutory limits and for the purpose the law intends.

The requirement that measures restricting rights be suitable, necessary, and proportionate, so that the least restrictive effective means is chosen and burdens remain balanced.

The legal relationship in which an employee personally performs work under an employer's direction and for remuneration, with rights and duties defined by law and contract.

A termination of the employment contract that lacks a lawful, justified reason or fails to follow the prescribed procedure, entitling the employee to challenge it.

The period between notice of termination and the end of employment, during which the employment relationship continues and the employee retains associated rights.

A legal person formed to carry on commercial activity, whose types, capital requirements, and governance are prescribed by company law.

A company whose members' liability for company obligations is limited to their subscribed capital contributions, with shares generally transferable under statutory conditions.

A company whose capital is divided into shares, in which shareholders are liable for company obligations only up to the value of their shares.

Property acquired by spouses during marriage through their work or from that property, which is generally treated as jointly owned regardless of who is registered as owner.

Property a spouse brings into marriage or acquires independently, such as by gift or inheritance, which remains separately owned unless contributed to the joint estate.

The branch of law governing what happens to a deceased person's property, who succeeds to it, and how the estate is administered and distributed.

The statutory share of an estate that certain close relatives may claim despite a will, protecting them against disinheritance beyond permitted limits.

A situation where a lawyer's personal, financial, or other interest could improperly influence professional judgment or loyalty to a client, requiring disclosure or withdrawal.

The duty of confidentiality covering information a lawyer learns in representing a client, which persists after the engagement ends and admits only narrow statutory exceptions.

The set of duties governing a legal professional's conduct, including competence, honesty toward the court, loyalty to clients, and avoidance of improper advantage.

The capacity of a sufficiently clear and unconditional provision of EU law to be invoked before national courts without further implementing measures.

The principle that EU law prevails over conflicting national law, obliging national authorities and courts to set aside incompatible domestic provisions.

The duty of national courts to interpret domestic law as far as possible in conformity with EU law, including directives, in order to reach the result the EU rule pursues.

A previously decided case used as a persuasive or binding guide for deciding a later case involving materially similar facts and legal issues.

The legal reasoning essential to a court's decision, which carries precedential weight, as distinguished from incidental observations made in the judgment.

A remark in a judgment that is not necessary to the outcome, so it is persuasive at most and does not bind later courts as precedent.

The burden borne by a party to prove the facts on which its claim or defence depends, failing which the court decides against that party on the issue.