Israel Bar Exam cheat sheet

Service of process: personal service on the defendant; if not found, substituted service (e.g., at last known address, publication) requires court approval.

Statute of limitations (Civil Procedure): tort claims generally 3 years (7 years for bodily injury); contract claims 7 years; property claims 15 years (Land Law).

Burden of proof in civil cases: plaintiff bears the burden of proving the claim on the balance of probabilities (more likely than not).

Evidence admissibility: relevant evidence is admissible unless excluded by law (e.g., privilege, hearsay exceptions). Hearsay is generally inadmissible unless it falls under an exception (e.g., business records, dying declaration).

Discovery: parties must disclose documents relevant to the dispute; failure may lead to sanctions including dismissal or costs.

Summary judgment: court may grant if no genuine dispute of material fact and moving party entitled to judgment as a matter of law.

Res judicata: a final judgment on the merits bars re-litigation of the same cause of action between the same parties.

Appeals: civil appeals to the District Court within 30 days (Magistrates) or 45 days (District Court) from judgment; leave required for interlocutory appeals.

Contract formation: offer + acceptance + intention to create legal relations + consideration (or formal requirement). Israeli law follows the Civil Code (Contracts) 1973.

Remedies for breach: expectation damages (put plaintiff in position as if contract performed), reliance damages, restitution, and specific performance when damages inadequate.

Torts: negligence requires duty of care, breach, causation (but-for test), and damage. Defenses: contributory negligence, assumption of risk.

Strict liability: applies to abnormally dangerous activities (e.g., use of explosives) and defective products under the Defective Products Liability Law 1980.

Property: ownership rights include possession, use, and disposition. Land registration (Tabu) is conclusive evidence of title; unregistered rights may be protected by caveat.

Obligations: unjust enrichment (Restitution Law 1979) requires benefit, enrichment at another's expense, and absence of legal cause.

Contract defenses: mistake, fraud, duress, undue influence, and illegality may render contract voidable or void.

Statute of limitations for tort: 3 years from discovery of damage; for contract: 7 years from breach.

Criminal liability requires actus reus (guilty act) and mens rea (guilty mind). Strict liability offenses require no mens rea but are usually regulatory.

Defenses: insanity (M'Naghten rules), self-defense (reasonable force to repel imminent unlawful attack), necessity, duress, and mistake of fact.

Arrest: police may arrest without warrant if reasonable suspicion of felony or misdemeanor involving violence; suspect must be brought before judge within 24 hours (or 48 hours in special cases).

Bail: court may release on bail unless danger to public safety or flight risk; presumption of release for minor offenses.

Evidence in criminal trials: prosecution bears burden of proof beyond reasonable doubt; defendant has right to remain silent (no adverse inference).

Illegally obtained evidence: may be excluded if obtained in violation of law and if exclusion serves deterrence (discretionary).

Sentencing: considers rehabilitation, deterrence, retribution, and protection of public; maximum penalties set in statute.

Appeals: defendant may appeal conviction and/or sentence; prosecution may appeal acquittal only on points of law.

Basic Laws: Human Dignity and Liberty (1992), Freedom of Occupation (1994) are constitutional; limitations clause requires purpose for proper cause and proportionate means.

Judicial review: courts review administrative decisions for legality, reasonableness, proportionality, and procedural fairness.

Standing: petitioner must show personal injury or that issue is of public importance (public petitioner).

Administrative action must be based on statutory authority; ultra vires acts are void.

Proportionality test: (1) appropriate means, (2) least restrictive means, (3) proportionate balance between benefit and harm.

Right to equality: derived from Basic Law: Human Dignity; discrimination based on protected characteristics (race, religion, gender, etc.) is prohibited.

Freedom of expression: protected but subject to limitations (e.g., incitement to violence, defamation).

Administrative tribunals: decisions subject to judicial review by Administrative Affairs Court.

Company incorporation: registration with Registrar of Companies creates separate legal personality; shareholders have limited liability.

Directors' duties: duty of care and duty of loyalty (avoid conflicts of interest, act in good faith for company's benefit).

Piercing the corporate veil: courts may disregard separate personality if used to perpetrate fraud or evade legal obligations.

Securities Law: public companies must disclose material information; insider trading prohibited.

Bankruptcy: debtor may be declared bankrupt if unable to pay debts; assets distributed to creditors according to priority.

Contracts: commercial contracts subject to general contract law; good faith applies to negotiation and performance.

Competition Law: prohibits restrictive arrangements (cartels) and abuse of dominant position; merger control by Competition Authority.

Checks: drawer liable if check dishonored; criminal liability for bounced check under Checks Law.

Marriage and divorce: religious courts have exclusive jurisdiction over marriage and divorce of members of recognized religious communities.

Property relations between spouses: default is separate property, but courts may order balancing of resources (Resource Balancing Law) upon divorce.

Child custody: determined by best interests of the child; joint custody possible if parents cooperate.

Child support: father and mother share obligation; minimum set by law and assessed by court.

Inheritance: Succession Law 1965; intestate succession order: spouse, children, parents, siblings. Will must be in writing and witnessed.

Wills: may be revoked by later will or destruction; probate required to validate.

Prenuptial agreements: enforceable if made in writing and with legal advice; court may review for fairness.

Adoption: requires court order; best interests of child paramount; consent of biological parents required unless waived.

Employment contract: may be oral or written; employer must provide written notice of main terms within 30 days.

Minimum wage: set by law; updated periodically. Violation constitutes criminal offense.

Working hours: standard 42-hour week; overtime pay required beyond that (125% for first two hours, 150% thereafter).

Annual leave: minimum 14 days after first year, increasing with seniority; sick leave: 18 days per year (accrued).

Termination: employer must hold hearing before dismissal; severance pay after one year of employment (one month's salary per year).

Collective bargaining: agreements between employer and union apply to all employees in workplace.

Prohibition of discrimination: based on gender, religion, age, sexual orientation, etc.; Equal Employment Opportunity Law.

Workplace safety: employer must ensure safe working environment; employee may refuse unsafe work.

Income tax: progressive rates for individuals; corporate tax rate 23% (as of 2024).

Residency: Israeli resident taxed on worldwide income; non-resident taxed on Israeli-source income only.

Value Added Tax (VAT): standard rate 17% (as of 2024); certain goods and services exempt or zero-rated.

Capital gains tax: on sale of assets, including real estate; exemptions for primary residence under certain conditions.

Land taxation: betterment levy on increase in value due to planning changes; property tax (Arnona) levied by municipalities.

Tax assessment: taxpayer must file annual return; assessment can be appealed within 30 days to assessing officer, then to court.

Penalties: for late filing, underreporting, and evasion; criminal sanctions for tax fraud.

Double taxation treaties: Israel has treaties with many countries to prevent double taxation.

Attorney-client privilege: confidential communications protected from disclosure; exception for future crimes.

Conflict of interest: lawyer must avoid representing conflicting interests; must disclose and obtain informed consent.

Duty of confidentiality: extends beyond representation; may not reveal without consent unless required by law.

Fees: must be reasonable and disclosed in writing; contingent fees allowed in certain cases but not in criminal or family matters.

Professional conduct: lawyer must act with integrity, competence, and diligence; must not mislead court.

Advertising: permitted but must be truthful and not misleading; cannot claim specialization without certification.

Client funds: must be kept in separate trust account; commingling prohibited.

Discipline: violations may lead to reprimand, suspension, or disbarment by Bar Disciplinary Committee.

Mishpat Ivri: body of Jewish law used as source for Israeli legislation and judicial interpretation when no secular source exists.

Foundations of Israeli law: Ottoman law, British Mandate law, and Israeli legislation; religious law applies in personal status matters.

Basic Principles: Israel as Jewish and democratic state; values of freedom, justice, and peace.

Jewish law principles: Torah, Talmud, and rabbinic literature; concepts like din (law), tzedek (justice), and darkhei shalom (ways of peace).

Marriage and divorce: governed by religious law of each community; no civil marriage in Israel (except for some cases).

Conversion: recognized by Chief Rabbinate for Jews; not recognized for other streams for purposes of personal status.

Sabbath and Jewish holidays: official rest days; laws regulate commerce and labor.

Jewish law influence: in areas like torts (neighborly relations), contracts (good faith), and inheritance.

Sources of international law: treaties, customary international law, general principles, judicial decisions, and scholarly writings (ICJ Statute Art. 38).

Treaty law: Vienna Convention on Law of Treaties; pacta sunt servanda; treaties must be performed in good faith.

State responsibility: breach of international obligation entails duty to cease and reparation.

Use of force: prohibited except in self-defense (Art. 51 UN Charter) or Security Council authorization.

Human rights: Israel party to major treaties; Basic Laws protect civil and political rights.

International humanitarian law: laws of armed conflict (Geneva Conventions); distinction, proportionality, precaution.

Recognition of states: declaratory vs. constitutive theories; Israel's recognition by many states.

Immunities: state immunity from jurisdiction of foreign courts; diplomatic immunity under Vienna Convention.