NL Bar Admission key terms

The formal writ by which a claimant starts civil proceedings, stating the claim, its legal and factual basis, and the date of the hearing before the court.

The defendant's written response in civil proceedings, setting out defences, counterarguments, and any counterclaim, filed before the hearing or as ordered by the court.

The duty resting on a party to convince the court of the truth of facts it relies on, generally allocated to the party asserting the legal consequence, subject to statutory or judicial redistribution.

The Dutch civil rule that the court is free to decide what evidentiary weight to give to documents, witness statements, and other evidence, unless a statutory rule prescribes otherwise.

The question of which court may hear a case, determined by rules on subject matter, value of the claim, and the defendant's domicile or the place of the disputed obligation.

The allocation of jurisdiction among courts of the same type, usually based on the defendant's residence or the place where the obligation should have been performed.

Urgent interim relief proceedings before the preliminary relief judge, aimed at a provisional measure such as an injunction or payment order pending a full trial.

A conservatory or executory seizure of assets, imposed by a bailiff under court authority or by statute, to preserve or enforce a claim against a debtor.

The enforcement of a judgment or other enforceable instrument by a bailiff, including seizure and sale of assets, after service of the enforceable title on the debtor.

The legal remedies available against a court decision, such as appeal and cassation, each with its own admissibility requirements, time limits, and grounds for review.

Appeal to a higher court, which reviews the case within the limits of the grounds raised, unless the law allows full reconsideration of the dispute.

Review by the Supreme Court limited to questions of law and procedural defects, not re-examination of facts, with remand to a lower court if the appeal succeeds.

The formal notice by the public prosecutor that prosecution will continue after the preliminary investigation, triggering the suspect's access to the case file.

The principle that only the public prosecution service may decide to bring a criminal case to court, subject to statutory exceptions for private prosecution in limited offences.

The discretionary principle allowing the public prosecutor to decline prosecution on grounds of public interest, general interest, or the disproportionate consequences of pursuing a case.

The withdrawal or termination of criminal proceedings, either on technical grounds or in the public interest, which ends the prosecution unless the case is later reopened.

Detention of a suspect before trial, ordered by a court on statutory grounds such as risk of flight, collusion, or serious public disturbance, subject to periodic review.

The investigating judge who supervises the preliminary investigation, may order investigative measures, and decides on extensions of pre-trial detention in criminal cases.

A leading ruling on the right to a fair trial, requiring that a suspect be informed of the right to silence and the consequences of statements before police interrogation.

Unwritten principles of good administration, including care, proportionality, equality, legal certainty, and fair play, which courts use to review administrative decisions.

The requirement that an administrative body give a reasoned decision that is understandable and supported by the facts and the applicable legal rules.

The principle that a measure must be suitable, necessary, and proportionate, so that the burden imposed on the individual does not outweigh the public interest pursued.

The process by which an administrative body weighs the public interest served by a decision against the private interests affected, as required by good administration.

The written objection an interested party files with the administrative body that made a decision, as a mandatory step before seeking review by the administrative court.

The written appeal to the administrative court, stating the contested decision, the grounds of challenge, and the relief sought by the appellant.

A written decision of an administrative body containing a legal act of public law, which may be challenged before the administrative court if it affects an interested party.

The duty of a lawyer to keep confidential all information learned in the course of professional practice, subject to limited statutory exceptions and the client's consent.

A conflict between the interests of two clients, or between a client and the lawyer, that prevents the lawyer from serving both and requires withdrawal or referral.

The lawyer's duty to act independently of other interests and influences, including personal, financial, or third-party pressures, so that advice remains objective.

The file a lawyer keeps on a client's matter, containing documents and correspondence, which must be preserved for a statutory period and returned on request.

The lawyer's statement of fees and disbursements, which must be clear, reasonable, and agreed or disclosed in advance where required by professional rules.

The oral argument in which an advocate presents the client's case, combining facts, law, and persuasive reasoning to convince the court of the desired outcome.

The written notes or speaking document used during oral argument, which structure the plea and may be submitted to the court for the record.

The structured process of reaching agreement through offers, counteroffers, and concessions, guided by the client's interests, alternatives, and legal position.

A proposal to settle a dispute on agreed terms, often involving payment or performance, which ends litigation if accepted and recorded in a settlement agreement.

The civil liability of a lawyer for professional errors, judged against the standard of a reasonably competent practitioner in the same circumstances.

A statutory framework for quality, complaints, and disputes in health care, sometimes cited by analogy for professional complaint procedures in legal practice.