Georgian Bar Qualification Exam flashcards

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

Legal capacity age

Under the Georgian Civil Code, full civil legal capacity (ქმედუნარიანობა) arises at 18; minors aged 14–18 may transact only with representative consent except for minor everyday transactions.

General limitation period

Civil Code claims are generally time-barred after 3 years from when the creditor knew or should have known of the violation; the maximum objective period is 10 years.

Default judgment annulment

A defendant duly summoned who fails to appear without justified excuse may have a default judgment annulled by filing a request within 10 days of service.

Appeal deadline civil

A first-instance civil judgment may be appealed within 1 month of service of the reasoned text; a cassation complaint to the Supreme Court is filed within 1 month of the appellate judgment.

Return versus dismissal

A court returns a statement of claim where procedural preconditions (state fee, prior complaint) are unmet; it dismisses where substantive procedural bars exist, such as res judicata.

Legality principle criminal

Criminal Code Art. 1: no act is a crime and no penalty applies unless the law defined it as criminal when committed; analogy to the accused's detriment is prohibited.

Detention 48-hour rule

A person may be held in police detention without a court decision for no more than 48 hours; the prosecutor must seek judicial pre-trial detention within that period or release the person.

Pre-trial detention maximum

Pre-trial detention is imposed by a judge on the prosecutor's motion and may last up to 9 months, extended to 12 months for especially grave crimes, after which it must be replaced or lifted.

Criminal cassation scope

Cassation to the Supreme Court of Georgia is admissible only on points of law, not on factual findings, and is filed within 1 month of service of the appellate judgment.

Exclusion of evidence

Evidence obtained in violation of the law is inadmissible; the defense may move to exclude it before the trial ends, and the court rules by reasoned order.

Administrative act definition

A unilateral authoritative decision of an administrative body addressed to specific persons, creating, changing, or terminating rights or obligations; it must be reasoned and served in writing.

Administrative complaint deadline

A complaint against an administrative act is filed with the higher administrative body within 1 month of service; filing is optional unless a special law makes it a precondition.

Administrative court deadline

A claim challenging an administrative act is filed with the administrative court within 1 month of service of the act or of the decision on the administrative complaint.

Administrative penalty limitation

An administrative penalty may be imposed only by an authorized body, generally within 1 year of the offense (3 years for grave violations), and only after hearing the person.

Constitutional Court standing

A natural person may file a constitutional claim only if directly affected and after exhausting ordinary remedies, within 6 months of exhaustion, per the Constitution and the Organic Law.

Proportionality test

A fundamental right may be restricted only by law, for a legitimate aim, and proportionally; the restriction must not impair the essence of the right.

No-confidence vote

The Parliament may pass a vote of no confidence in the Government by a majority of its full membership, 76 of 150 members, under the Constitution.

Public Defender role

The Public Defender (Ombudsman) is elected by Parliament for 5 years, is independent, may apply to the Constitutional Court, and may inspect places of detention.

Treaty rank in Georgia

Ratified international treaties prevail over ordinary domestic laws but not over the Constitution; the Constitutional Court may review their constitutionality.

Offer and acceptance

A contract is concluded when acceptance reaches the offeror within the deadline; a late acceptance operates as a new offer requiring fresh acceptance.

Void versus voidable

A contract is void where it violates a mandatory norm or public order; voidable where concluded under mistake, fraud, duress, or undue influence, and must be challenged.

Breach remedies

Remedies for breach include specific performance, damages (including lost profit), and rescission; damages are limited by foreseeability and the duty to mitigate.

Unjust enrichment

Civil Code Art. 477 obliges the recipient to return an enrichment obtained without legal basis; the claim is excluded where the enrichment is lost or the transfer was made knowingly.

Advocate confidentiality

An advocate must keep confidential all information learned in representation, including after the mandate ends; disclosure requires client consent or an express legal duty.

Conflict of interest

An advocate may not represent clients with conflicting interests; on discovering a conflict, the advocate must withdraw from at least one mandate and inform both clients.

Advocate advertising limits

An advocate may not use misleading, comparative, or guarantee-based advertising and may not initiate contact with prospective clients; solicitation is prohibited by the Code of Ethics.

Disciplinary sanctions

Advocate disciplinary sanctions range from warning to disbarment; the disciplinary body must observe due process, and the advocate may appeal the decision to court.

IRAC method

Issue, Rule, Application, Conclusion: each legal conclusion must be tied to a specific statutory provision or precedent, with facts applied explicitly to the rule.

Statement of claim elements

A statement of claim states the court, parties and addresses, factual and legal basis, claim amount, evidence, and date with signature; missing elements lead to leaving it without movement.

Ratio decidendi

Only the ratio decidendi, the legal principle necessary to the judgment, binds later courts; obiter dicta are persuasive but not binding, and facts may be distinguished.

ECHR admissibility

Under Art. 35, the applicant must exhaust domestic remedies, file within 4 months of the final domestic decision, and not have the matter pending before another international procedure.

ECHR three-part test

Interference with Arts. 8–11 rights must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society, assessed through proportionality.