Bahrain Lawyer Registration Exam flashcards

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

Sources of obligation

Under Bahraini civil law, obligations arise from contract, unilateral act, unlawful act, unjust enrichment, and directly from the law itself.

Force majeure

An unforeseeable, irresistible event that makes performance impossible and excuses the obligor from liability for non-performance under civil law rules.

Unjust enrichment elements

Enrichment of one person, corresponding impoverishment of another, absence of legal cause, and no other remedy available to the claimant.

Tort liability elements

Fault of the defendant, damage suffered by the claimant, and a causal link between the fault and the damage, giving rise to compensation.

Trader definition

A person who carries on commercial acts habitually as a profession, subject to commercial register and licensing obligations under Bahraini commercial law.

Joint stock company

A company whose capital is divided into negotiable shares, with shareholders liable only to the extent of their shares and governed by a board and general assembly.

Limited liability company

A company form in which partners' liability is limited to their contributions, with share transfers typically requiring notarisation and registration formalities.

Cheque characteristics

A negotiable instrument payable on demand, drawn on a bank, subject to formal requirements; dishonour may trigger civil and criminal consequences.

Legality principle

No crime and no penalty without a prior legal text; analogy extending criminal liability against the accused is prohibited under Bahraini criminal law.

Pre-trial detention

An exceptional measure requiring legal grounds and judicial review within statutory limits; prolonged detention without judicial control is unlawful.

Confession admissibility

A confession obtained under duress or torture is inadmissible; courts assess evidence freely but exclude evidence procured through coercion.

Cassation review scope

The court of cassation reviews errors of law and procedure, not the factual findings of the lower courts, within statutory time limits.

General forum rule

In civil and commercial procedure, the defendant's domicile provides the general territorial jurisdiction, subject to exceptions for specific subject matters.

Burden of proof

The claimant bears the burden of proving the facts on which the claim rests; the defendant bears the burden for affirmative defences.

Interim attachment

A provisional court measure preserving assets pending final judgment, requiring a prima facie right and a risk that enforcement would otherwise be frustrated.

Probation period

A limited initial period of employment stated in writing during which either party may terminate under simplified conditions defined by labour law.

End-of-service benefit

A statutory entitlement accruing on termination of employment, calculated by reference to length of service and wage under labour law rules.

Arbitrary dismissal

Termination without lawful cause or proper notice, entitling the worker to compensation and other remedies before the competent labour court.

Mahr (dowry)

A wife's right under the marriage contract, consisting of an agreed amount and payment timing, enforceable as a personal status entitlement.

Custody versus guardianship

Custody concerns day-to-day care of the child, while guardianship concerns legal representation and property management; both prioritise the child's welfare.

Will limit

Under personal status rules, a will may dispose of no more than one-third of the estate; the remainder passes according to inheritance rules.

Registration of title

Transfer of ownership in immovable property in Bahrain is effected by registered instrument; registration is constitutive of the transfer against third parties.

Mortgage registration

A mortgage over land must be registered in the land registry to be enforceable against third parties and to secure priority.

Expropriation conditions

Taking private property for public utility requires a legal basis, public purpose, due process, and payment of fair compensation to the owner.

Judicial review scope

Administrative courts review legality, jurisdiction, form, and misuse of power in administrative decisions, and may annul unlawful acts.

Ultra vires regulation

Delegated legislation exceeding the powers granted by its enabling statute is void and may be annulled by the administrative court.

Client confidentiality

A lawyer must keep all information learned in the professional relationship secret; the duty continues after the engagement ends.

Conflict of interest

A lawyer may not represent opposing parties in the same or related matters without full disclosure and informed consent of those affected.

Pacta sunt servanda

Treaties bind the parties and must be performed in good faith; a party cannot invoke its internal law to justify non-performance.

Universal jurisdiction

A basis of jurisdiction allowing states to prosecute certain grave international crimes regardless of where they occurred or the nationality of the accused.

IRAC method

A case analysis structure identifying the Issue, the applicable Rule, its Application to the facts, and a Conclusion, used in legal research and writing.

Statutory interpretation tools

Literal meaning, legislative purpose, systematic context, and, where permitted, preparatory works, applied to resolve ambiguity in legal texts.