Georgian Bar Qualification Exam key terms

Appeal to the Supreme Court of Georgia asking it to review a final appellate judgment on a point of law. Admissibility depends on a legal question of general importance or a divergence in case law.

Appeal against a first-instance judgment, filed within the statutory term, asking the appellate court to re-examine facts and law. It suspends enforcement of the contested judgment unless the court orders otherwise.

A written statement of claim by which a plaintiff initiates civil proceedings, setting out the parties, the facts, the legal grounds, the claim and its monetary value.

The duty of a party to prove the facts on which its claim or defence rests. The court assesses the evidence freely and decides which facts it considers established.

The party against whom a civil claim is brought. The defendant may contest the claim, raise counterclaims or objections, and bears the burden of proving affirmative defences.

Exercise of a legal right mainly to harm another person or for a purpose unrelated to the right's function. Such conduct is not protected, and the court may deny the requested remedy.

A transaction void from the outset because it contravenes a mandatory legal prohibition, offends public order or good morals, or is concluded by a person lacking capacity. It produces no legal effect.

Invalidity of a transaction, either void by operation of law or voidable at the request of an affected party. A voidable transaction remains effective until a court annuls it.

A transaction that satisfies the requirements of validity: capacity of the parties, mutual and genuine consent, a lawful and possible object, and observance of any required form.

A standard of conduct requiring parties to act honestly, fairly and with regard for legitimate expectations. It governs performance, negotiation and the exercise of rights in obligation law.

Compensation restoring the injured party to the position it would have occupied had the damage not occurred. It covers loss suffered and lost profit, subject to causation and foreseeability limits.

The link between wrongful conduct and the resulting damage. Liability arises only where the damage is attributable to the conduct under the applicable test of adequate causation.

Civil wrong giving rise to liability for damage caused unlawfully and culpably. The claimant must prove the wrongful act, the damage, causation and fault, unless strict liability applies.

Termination of a contract by agreement, by exercise of a contractual or statutory right of termination, or by court decision. It releases the parties from future performance obligations.

Failure by a debtor to perform an obligation, or performance that is defective or delayed. It triggers remedies such as specific performance, cure, damages or termination.

A principle that every accused person is presumed innocent until guilt is proven by a final court judgment. The prosecution bears the burden of proof, and doubts are resolved in favour of the accused.

The right of a suspect or accused to defend himself in person or through counsel of his choice at every stage of proceedings, including access to the case file and adequate time for preparation.

Coercive procedural measures such as detention, search, seizure or wiretapping. Each requires a statutory ground and judicial authorisation, except in cases of urgency defined by law.

The duty of an advocate to keep confidential all information learned in the course of professional activity. The privilege belongs to the client and survives the termination of the mandate.

A situation where an advocate's own interests, or the interests of another client, conflict with those of the client. The advocate must decline or withdraw from the mandate.

The professional rules adopted by the Georgian Bar Association governing independence, loyalty, confidentiality, fees, advertising and disciplinary responsibility of advocates.

Liability of an advocate for breach of professional rules, imposed by the disciplinary bodies of the Bar. Sanctions range from a warning to disbarment.

Judicial protection of rights and legitimate interests against unlawful acts of public authorities. It includes the right to challenge administrative acts and to obtain effective reparation.

A unilateral decision of an administrative body regulating an individual case with external legal effect. It must state reasons, remedies and the authority that issued it.

A request to an administrative body or a court to review the lawfulness of an administrative act. It must be filed within statutory time limits and state the grounds relied on.

A constitutional and administrative standard requiring that restrictions on rights be suitable, necessary and proportionate in the strict sense to the aim pursued.

A fundamental right guaranteed by the Constitution of Georgia, binding the legislature, executive and judiciary. Limitations are permitted only by law and under the proportionality test.

The body that reviews the constitutionality of laws and other normative acts and decides constitutional disputes. Its judgments are final and binding for all state organs.

The principle that public power is exercised only under law, that laws are general and prospective, and that courts provide effective review of state action.

The right under Article 6 ECHR to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, including equality of arms.

The Strasbourg court that examines individual and interstate applications alleging violations of the European Convention on Human Rights. Its judgments bind the respondent state.

A domestic remedy capable of addressing the substance of a Convention complaint and offering appropriate relief. Its absence permits an applicant to complain under Article 13 ECHR.

A written agreement between states or international organisations governed by international law. Under Georgian law, ratified treaties prevail over conflicting domestic legislation.

The body of judicial decisions that guide later cases. Georgian courts are not formally bound by precedent, but consistent Supreme Court practice has strong persuasive authority.

A period fixed by law or by the court within which a procedural act must be performed. Missed deadlines may be restored only on a showing of valid grounds.

Conduct by an advocate that undermines confidence in the profession, such as misleading the court, improper contact with witnesses or publicising false information about a case.

The structured presentation of a legal position, linking facts to applicable norms and case law. It requires identifying the issue, stating the rule, applying it and drawing the conclusion.

Information about facts relevant to a case, obtained lawfully from parties, witnesses, documents, expert opinions or physical items. Admissibility is decided by the court.