Algeria CAPA Avocat study materials
Algeria CAPA Avocat study resources

Algeria CAPA Avocat key terms

Algeria CAPA Avocat · Get comfortable with the vocabulary.

Jurisdiction

The relevant legal authority or legal system governing a matter, which must be identified separately from the merits of a claim.

Cause of action

A legally recognized basis for seeking relief under the applicable framework, requiring its actual elements and supporting facts.

Element

A component that must be established for the relevant legal conclusion, distinguished from a fact that is merely interesting background.

Burden of proof

The responsibility and applicable standard for establishing a proposition, which depend on the issue, forum and governing framework.

Material fact

A fact capable of affecting a relevant legal issue under the applicable rule, distinguished from a detail with no effect on the analysis.

Inference

A conclusion drawn from evidence, whose strength and alternatives should be examined rather than treating it as an observed fact.

Offer

A communication capable of creating the specified power of acceptance under the applicable rule, distinguished from every preliminary negotiation.

Acceptance

The assent or act satisfying the applicable offer and formation requirements, which depends on timing, terms and the governing framework.

Termination effect

The legal consequence of ending a relationship or authority under its actual conditions, distinguished from assuming every termination is void or every defect produces one identical remedy.

Legal basis of an obligation

The applicable ground from which a duty arises under the governing system, distinguished from assuming every legal system requires common-law consideration.

Remedy

The relief available for a legally established issue under its conditions, rather than proof that the underlying right or breach already exists.

Evidential purpose

The proposition for which information is offered, which must be distinguished from automatically treating a report as proof of every underlying allegation.

Personal knowledge

A witness basis in their own perception for the relevant testimony, distinguished from assuming a reported account was personally observed.

Binding authority

A source controlling the relevant decision under the applicable hierarchy and jurisdiction, distinguished from merely persuasive discussion.

Persuasive authority

A source that may inform reasoning without controlling the decision, requiring evaluation of its relevance, reasoning and status.

Statutory exception

A specified qualification to a general provision, which must be applied only when its actual conditions are satisfied.

Conflict of interest

A competing interest relevant to a lawyer duties or judgment, whose treatment depends on the actual conflict and governing professional rules.

Informed consent

Agreement based on relevant understandable information under the applicable legal requirements, which does not make every conflict consentable.

Confidentiality

A duty governing the relevant information and circumstances, subject to the actual framework rather than a universal promise of secrecy.

Issue analysis

Reasoning connecting the legal question, controlling rule and material facts before giving a conclusion, rather than reciting a rule without application.