Bahrain Lawyer Registration Exam key terms

A definite proposal by one party to another setting out the essential terms of a contract, made with the intention of creating a binding relationship if the other party accepts it.

The unqualified agreement by the offeree to every term of the offer, communicated to the offeror within the period allowed, which brings the contract into existence.

The free and informed will of a party to enter a transaction, which is vitiated where it results from mistake, fraud, duress, or exploitation of weakness, allowing rescission.

A flaw in the will behind an agreement, such as error, fraud, violence, or undue influence, that undermines the validity of the transaction and may ground an action to annul it.

The judicial or agreed unwinding of a contract, returning the parties to their prior positions and extinguishing obligations arising from it, often available where consent was defective or performance impossible.

A court order compelling a defaulting party to carry out its promised obligation in kind rather than pay damages, granted where performance remains possible and damages would be inadequate.

Monetary compensation awarded to a party for loss caused by another's breach or wrongful act, assessed to restore the claimant to the position it would have occupied had the wrong not occurred.

The link between a party's act or omission and the loss suffered, requiring the harm to flow directly from the wrong without an intervening event that breaks the chain.

The test limiting recoverable loss to harm that a reasonable person in the wrongdoer's position would have anticipated at the time of the act or contract.

The official entry of a trader or company in the commercial register kept by the competent ministry, a precondition for lawful trading and for asserting commercial status against third parties.

A person who carries on commercial activities in their own name, habitually and for profit, and who thereby becomes subject to the commercial obligations, books, and insolvency rules.

Transactions classified as commercial by law, whether by nature such as sale for resale or by the trader's form, which attract commercial law and jurisdiction rather than ordinary civil rules.

An entity formed by two or more persons contributing capital or services to pursue profit and share results, taking one of the statutory forms such as joint stock or limited liability.

A company whose capital is divided into shares and whose members are liable for its debts only up to the value of their contributions, unless the corporate veil is pierced.

The doctrine allowing courts to disregard a company's separate personality and hold members or managers personally liable where the entity was used to commit fraud or conceal wrongdoing.

The capacity of an entity to hold rights, incur obligations, own property, and sue or be sued in its own name, distinct from the persons who formed or control it.

The external physical element of an offence, comprising the prohibited conduct, any required circumstances, and any resulting consequence attributed to the accused.

The mental element of an offence, such as intention or negligence, which must accompany the prohibited conduct before a person can be convicted of the crime.

The condition of being legally answerable for an offence, established when the prohibited act, the required mental state, and the absence of a defence are all proved.

The principle that an accused is treated as innocent until guilt is proven to the required standard by the prosecution, which bears the burden of establishing the charge.

The obligation of a party to persuade the court of a fact's existence, which in criminal matters rests on the prosecution and in civil matters on the party asserting the claim.

The degree of certainty a party must reach to discharge its burden, being proof beyond reasonable doubt in criminal cases and a preponderance of evidence in civil cases.

The material, whether testimony, documents, or things, presented to the court to establish or disprove facts in issue, admissible only if relevant and lawfully obtained.

The quality of being receivable by a court, determined by relevance, reliability, and compliance with legal rules on how the material was obtained or produced.

The authority of a particular court to hear and decide a dispute, determined by subject matter, value, location, and the connection of the parties to the forum.

The formal delivery of legal papers to a party in the manner the law requires, which informs them of proceedings and starts time limits for responding.

A ruling entered in favour of the claimant when the defendant fails to appear or respond within the prescribed period, subject to the defendant's right to challenge it.

A statutory initial period of employment during which the employer may terminate without notice or end-of-service entitlement, provided the worker is not retained beyond the maximum allowed.

The gratuity payable to a worker on termination, calculated on the basis of final wage and length of service according to the statutory formula.

Termination by an employer for a reason other than those permitted by law, or without proper procedure, entitling the worker to compensation or reinstatement.

The bridal dower that a husband undertakes to give his wife under the marriage contract, which becomes her property and is a legal consequence of the marriage.

A dissolution of marriage initiated by the wife, who offers to return her dower or give other consideration in exchange for the husband's agreement or a court order freeing her.

The unilateral repudiation of a marriage by the husband, subject to formalities, registration, and revocation rules, with financial consequences such as the waiting period and maintenance.

The waiting period a woman must observe after dissolution of the marriage or the husband's death, during which remarriage is barred and certain rights and maintenance continue.

The systematic recording of title to land and rights over it in the official register, giving public notice and protecting registered interests against later unregistered claims.

The official instrument evidencing ownership of a registered plot, identifying the owner, the land, and any encumbrances noted in the register.

The principle that a registered title cannot be challenged by later unregistered interests or by earlier claims that were not recorded, subject to limited statutory exceptions.

A security interest over immovable property granted to secure a debt, entitling the creditor to enforce against the property if the debtor defaults, subject to registration.

The constitutional principle that public authorities may act only where the law authorises them, and that administrative decisions must be founded on a valid legal basis.

The doctrine that an act of a public authority beyond the powers granted by law is invalid, a ground on which courts may annul the decision.

The court's power to examine the lawfulness of administrative decisions and annul those that are unlawful, procedurally improper, or made in abuse of discretion.

A situation where a lawyer's personal, financial, or other interest, or a duty to another client, could compromise the independent judgment owed to a client, requiring disclosure or withdrawal.

The lawyer's duty to keep information learned in the professional relationship secret, continuing after the engagement ends, subject only to narrow exceptions permitted by law.

The protection that shields confidential communications between lawyer and client from disclosure in legal proceedings, belonging to the client and waivable only by the client.

The obligation of a lawyer to act solely in the client's best interests, avoiding conflicting engagements and personal dealings that could harm the client.

The professional activity of representing a client before courts and tribunals, presenting evidence and argument within the limits of the law and professional rules.

A written agreement between states governed by international law, which creates binding obligations and may require domestic implementation before it affects private rights.

Rules formed by consistent state practice accepted as legally required, binding states generally without the need for a treaty, subject to persistent objection.

The formal act by which a state confirms its consent to be bound by a treaty it has signed, after which the treaty enters into force for that state.

The legal reasoning essential to a court's decision, which binds lower courts as precedent, as distinct from observations that are merely incidental.

A remark by a judge on a point not necessary to the decision, which is persuasive only and does not create a binding rule for later cases.

The principle that earlier decisions of higher courts should guide later cases with materially similar facts, promoting consistency and predictability in the law.

The legal authority of a body or official to act within a defined field, and an essential element of a valid administrative decision or court ruling.