Israel Bar Exam flashcards

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

Statute of limitations tort

In Israeli civil procedure, tort claims generally must be filed within three years from the date the damage was discovered or should have been discovered.

Burden of proof civil

In civil litigation, the plaintiff bears the burden of proving the claim on the balance of probabilities, meaning more likely than not.

Hearsay rule

Hearsay evidence is an out-of-court statement offered to prove the truth of the matter asserted; it is generally inadmissible unless an exception applies.

Res judicata

A final judgment on the merits by a court of competent jurisdiction bars the same parties from re-litigating the same cause of action.

Contract consideration

Consideration is something of value exchanged between parties, such as a promise, act, or forbearance, which makes a contract legally binding.

Negligence elements

To establish negligence, a plaintiff must prove duty of care, breach of that duty, causation (but-for and proximate), and actual damage.

Unjust enrichment

Under the Restitution Law, a person who receives a benefit at another's expense without legal cause must return the benefit or its value.

Specific performance

A court order requiring a party to fulfill a contractual obligation, granted when monetary damages are inadequate to remedy the breach.

Mens rea

The mental element of a crime, such as intent, recklessness, or negligence, which must be proven along with the guilty act.

Self-defense

A defense to criminal liability when a person uses reasonable force to repel an imminent unlawful attack against themselves or others.

Bail presumption

In criminal procedure, a suspect is presumed entitled to release on bail unless there is danger to public safety or risk of flight.

Beyond reasonable doubt

The standard of proof in criminal trials, requiring the prosecution to convince the court of the defendant's guilt to a very high degree.

Proportionality test

A constitutional test requiring that a limitation of a right be for a proper purpose, use least restrictive means, and balance benefit against harm.

Ultra vires

An administrative act is ultra vires if it exceeds the statutory authority granted to the agency, and it is therefore void.

Standing

The legal right to bring a petition, requiring a personal injury or, for public petitioners, that the issue is of public importance.

Basic Law: Human Dignity

A constitutional law protecting human dignity and liberty, including the right to property, privacy, and protection from arbitrary detention.

Piercing the corporate veil

A judicial doctrine allowing courts to disregard a company's separate legal personality when it is used to perpetrate fraud or evade obligations.

Directors' duty of loyalty

Directors must act in good faith for the company's benefit and avoid conflicts of interest, disclosing any personal interest in transactions.

Insider trading

Trading securities based on material non-public information, which is prohibited under the Securities Law and subject to criminal penalties.

Resource balancing

Upon divorce, a court may order a balancing of the couple's resources, even if property is separately owned, to ensure fair division.

Best interests of child

The paramount consideration in custody and adoption decisions, focusing on the child's physical and emotional well-being and stability.

Intestate succession order

Under the Succession Law, if no will, assets pass to spouse, children, parents, and siblings in that order, with specific shares.

Severance pay

An employer must pay severance to an employee dismissed after one year of work, generally one month's salary per year of employment.

Minimum wage

A statutory minimum hourly or monthly wage that employers must pay, updated periodically, with violations constituting a criminal offense.

Collective bargaining agreement

A contract between an employer and a union setting terms of employment, which applies to all employees in the workplace.

VAT standard rate

The value added tax rate in Israel is 17% (as of 2024), applied to most goods and services, with some exemptions and zero-rating.

Israeli tax residency

An individual is a resident if their center of life is in Israel, generally based on presence of 183 days or more in a tax year.

Betterment levy

A tax on the increase in land value due to planning changes, such as zoning, levied upon sale or development.

Attorney-client privilege

Confidential communications between lawyer and client are protected from disclosure, with exceptions for future crimes or waiver.

Conflict of interest

A situation where a lawyer's personal interests or duties to another client may impair their representation, requiring disclosure and consent.

Mishpat Ivri

The body of Jewish law, including Torah, Talmud, and rabbinic literature, used as a source for Israeli legislation and judicial interpretation.

Pacta sunt servanda

A fundamental principle of international law that treaties are binding on the parties and must be performed in good faith.