Bahrain Lawyer Registration Exam cheat sheet

Obligation sources under Bahraini civil law: contract, unilateral act, unlawful act (tort), unjust enrichment, and law itself.

Contract formation requires offer and acceptance, capacity, lawful object, and cause; defect in consent (error, fraud, duress, exploitation) grounds rescission, not automatic nullity.

Force majeure excuses performance when an unforeseeable, irresistible event makes performance impossible; hardship (imprévision) may permit judicial adjustment where loss is exceptional and unforeseeable.

Tort liability rests on fault, damage, and causal link; a person is liable for harm caused by their fault even without contractual relationship.

Liability for things and animals: a custodian is liable for harm caused by objects in their custody unless proving a foreign cause beyond control.

Unjust enrichment requires enrichment, corresponding impoverishment, absence of legal cause, and no other available remedy.

Prescription: general contractual and tort claims are typically time-barred after 15 years; shorter periods apply to specific claims such as periodic payments.

Damages compensate foreseeable direct loss and lost profit; moral damages are recoverable where the law or contract permits.

Commercial acts are defined by the Commercial Code and by the trader's professional activity; a trader is one who carries on commercial acts habitually as a profession.

Commercial register and trade licence requirements attach to traders; failure to register affects evidentiary and procedural positions rather than destroying the underlying obligation.

Company forms include joint stock (B.S.C.), limited liability (W.L.L.), simple commandite, joint venture, and sole proprietorship; each has distinct capital and liability rules.

Joint stock companies: share capital divided into negotiable shares; governance through general assembly, board of directors, and mandatory auditor.

Limited liability company: partners' liability capped at their contribution; transfer of shares typically requires notarised instrument and registration.

Bankruptcy and preventive composition are governed by commercial insolvency rules; cessation of payments is the core trigger.

Commercial sale and agency rules supplement the civil code; commercial obligations are presumed onerous and performed in good faith.

Negotiable instruments (bills of exchange, promissory notes, cheques) are governed by formal requirements; a cheque is payable on demand and dishonour can trigger criminal liability.

Legality principle: no crime and no penalty without a prior legal text; analogy against the accused is prohibited.

Criminal responsibility requires actus reus and mens rea; intent, negligence, and mistake are assessed against the statutory definition.

Penalties include principal penalties (death, imprisonment, fine) and accessory measures; alternatives and suspension may apply by statute.

Attempt, complicity, and incitement are punishable where the law expressly provides; mere preparation is generally not.

Criminal procedure: investigation by public prosecution, rights of the accused including counsel, silence, and interpretation; arrest requires legal grounds.

Pre-trial detention is exceptional and time-limited; judicial review of detention is mandatory.

Evidence is assessed freely by the court except where statute imposes specific proof; confessions obtained under duress are inadmissible.

Appeals and cassation have statutory time limits; cassation reviews legal error, not fact.

Jurisdiction: territorial, subject-matter, and value-based allocation; the defendant's domicile is the general forum.

Pleadings must state parties, facts, legal basis, and requests; amendment is permitted before closure of pleadings subject to court control.

Service of process must comply with statutory forms; defective service can be cured or can vitiate default judgment.

Burden of proof lies with the claimant; documentary evidence, witnesses, expert reports, and inspection are admissible means.

Interim measures include attachment, receivership, and urgent orders; they require a prima facie right and risk of harm.

Judgments become enforceable after the statutory formalities; appeal suspends enforcement only in cases defined by law.

Arbitration clauses exclude court jurisdiction; enforcement of arbitral awards follows the applicable convention and national rules.

Time limits for appeal are short and mandatory; expiry extinguishes the right of challenge.

Employment contract may be fixed or indefinite; probation is limited and must be stated in writing.

Wages must be paid in the agreed manner and currency; unlawful deductions are restricted to statutory exceptions.

Working hours, rest periods, annual leave, and public holidays are statutory minima; overtime attracts premium pay.

Termination requires lawful cause or contractual notice; arbitrary dismissal entitles the worker to compensation.

End-of-service benefits accrue by length of service and wage; calculation follows statutory formula.

Occupational injury and disease trigger employer liability and social insurance coverage.

Social insurance covers old age, disability, death, work injury, and family allowances; contributions are shared between employer and worker.

Labour disputes proceed through conciliation before the competent labour authority and then to the labour court.

Marriage requires offer, acceptance, consent of both spouses, witnesses, and registration; consent is the cornerstone of validity.

Minimum age for marriage and the role of the guardian are governed by statute; court authorisation applies in defined cases.

Dowry (mahr) is a wife's right; its amount and payment timing are agreed at contract.

Divorce may be by mutual consent, by unilateral repudiation, or by judicial dissolution; each has distinct financial consequences.

Custody (hadana) prioritises the child's welfare; custody and guardianship are distinct legal concepts.

Maintenance (nafaqa) is owed to wife and children within means; it is enforceable through the courts.

Inheritance follows fixed shares (fard) and residuary rules; a will is limited to one-third of the estate.

Personal status matters are adjudicated before the competent sharia courts according to the applicable school of law.

Ownership of immovable property is transferred by registered instrument; registration is constitutive, not merely declaratory.

The land registry records title, encumbrances, mortgages, and easements; third parties may rely on the register in good faith.

Mortgages over land require registration to be enforceable against third parties.

Co-ownership and partition are governed by civil law; pre-emption rights may apply in defined circumstances.

Leases exceeding statutory duration must be registered; otherwise they bind only the parties.

Expropriation for public utility requires legal basis, public purpose, and fair compensation.

Boundary disputes and easements are resolved by reference to title deeds and expert survey.

Foreign ownership of land is restricted to designated areas and subject to regulatory approval.

The Constitution establishes the state's identity, separation of powers, and guarantees of rights and freedoms.

Legislation is enacted by the King and the National Assembly; the Constitution defines the procedure and limits.

Judicial review of administrative acts examines legality, jurisdiction, form, and misuse of power; the administrative court may annul unlawful decisions.

Administrative decisions must state reasons and respect the right to be heard; failure can ground annulment.

Public officials' liability and state liability for unlawful acts follow administrative law principles.

Delegated legislation must remain within the enabling statute; ultra vires acts are void.

Emergency powers are constitutionally conditioned and subject to legal limits.

Treaties acquire force of law upon ratification and publication per constitutional requirements.

Duty of loyalty to the client coexists with duties to the court, opposing counsel, and the profession.

Confidentiality covers all information learned in the professional relationship and survives termination.

Conflict of interest rules prohibit representing opposing parties in the same or related matters without informed consent.

Fees must be agreed transparently; contingency arrangements are restricted by professional rules.

Advocates must not mislead the court, submit false evidence, or contact represented parties directly.

Client funds must be held separately from the lawyer's own funds and accounted for.

Continuing legal education and compliance with licensing and disciplinary rules are mandatory.

Disciplinary proceedings are governed by the Bar and the competent judicial authority, with rights of defence.

Sources of international law: treaties, custom, general principles, judicial decisions, and scholarly writings as subsidiary means.

Pacta sunt servanda: treaties bind parties and must be performed in good faith; internal law is no excuse.

State responsibility requires an attributable act and a breach of an international obligation; reparation follows.

Jurisdiction bases include territoriality, nationality, protective, and universal principles.

Recognition and enforcement of foreign judgments and awards depend on treaty or reciprocity and public policy limits.

Comparative method contrasts civil law and common law approaches to precedent, codification, and procedure.

Immunities of states and diplomats restrict the exercise of jurisdiction in defined cases.

Human rights treaties create obligations that may be invoked before domestic courts where incorporated.

Drafting structure: parties, recitals, operative clauses, representations, covenants, conditions, and dispute resolution.

Define terms once and use them consistently; avoid ambiguity and internal contradiction.

Use clear, enforceable language; distinguish obligations (shall) from permissions (may) and conditions (if).

Case analysis method: identify facts, issue, rule, application, and conclusion, then test alternative holdings.

Research hierarchy: primary sources (statutes, regulations, cases) before secondary sources (commentary, articles).

Cite accurately with pinpoint references; verify currency and amendments of statutes.

Statutory interpretation tools: literal meaning, legislative purpose, systematic context, and travaux préparatoires where permitted.

Risk analysis in drafting: allocate liability, cap damages, specify governing law, and provide for dispute resolution.