Iran Judiciary Bar Exam cheat sheet

Ownership (malekiyat) is the absolute right to use, exploit, and dispose of property, limited only by law.

Contracts require mutual consent, capacity of parties, a definite subject matter, and a lawful purpose (Article 190).

A void (batel) contract produces no legal effect; a voidable (gheyre nafez) contract is effective pending ratification.

Possession of movable property in good faith creates a presumption of ownership (Article 35).

Pre-emption (shof'a) applies to immovable property held jointly and divided, allowing a partner to buy a sold share.

Necessity (ezterar) and undue influence (tadlis) are defects of consent that can render a transaction non-binding.

Usufruct (haq-e entefa') and easement (haq-e ertefaq) are limited real rights distinct from ownership.

Unjust enrichment (estifa') obliges the beneficiary to restore the value obtained at another's expense.

A statement of claim must identify parties, the relief sought, facts, and supporting evidence (Article 51).

The court examines jurisdiction (salahiyat) and admissibility before addressing the merits.

Default judgment (hekmat-e gheyabi) is issued when a defendant, properly summoned, fails to appear.

Interlocutory orders (qarar) and final judgments (hokm) differ in form and in the appeal routes available.

Res judicata (amr-e mokhtam) bars re-litigation of the same parties, subject, and cause of action.

A third party may intervene (jalb-e sales) or file an objection (e'teraz) against a judgment affecting its rights.

Provisional attachment (tamin-e khosumat) may be ordered where the claim is likely to be frustrated otherwise.

Appeal deadlines run from service of the judgment and are mandatory; late appeals are rejected.

Crimes are classified as hodud, qesas, diyat, and ta'zirat, each with distinct bases, procedures, and penalties.

Legality principle: no act is a crime and no punishment may be imposed except by prior law (Article 2).

Mens rea (suy-e niat) must be established; negligence suffices only where the statute so provides.

Attempt (shoru' be jorm) is punishable in ta'ziri offenses only where the law expressly provides.

Criminal liability requires capacity; minors and the insane are exempt or subject to special measures.

Complicity (sherkat) and aiding (mo'avenat) are distinguished by degree of participation and penalty.

Hodud penalties are fixed and generally not subject to suspension or reduction by judicial discretion.

Statutes of limitation (morur-e zaman) may extinguish punishability but not the civil claim of the victim.

The public prosecutor (dadsetan) initiates prosecution; certain offenses require a private complaint (shekayat).

Arrest requires a lawful order except in flagrante delicto (mashhud) cases defined by law.

Pre-trial detention (bazdasht) is exceptional and subject to time limits and judicial review.

The accused has the right to counsel from the first interrogation stage in serious offenses.

Evidence obtained through unlawful means is inadmissible; confessions obtained by coercion lack validity.

Investigation (tahqiqat) is conducted by the prosecutor or investigating judge (bazras) depending on the offense.

Interim orders such as bail (qarar-e kafalat) or surety secure the accused's appearance at trial.

Appeals against preliminary decisions and final verdicts follow separate statutory channels and deadlines.

A merchant (tajer) is one who habitually performs commercial acts as defined in Article 2 of the Commercial Code.

Commercial acts are objective (by nature) or subjective (by the merchant's status), and each carries distinct consequences.

A commercial company acquires legal personality upon registration; unregistered companies lack full legal capacity.

Joint-stock companies (sahami) require a minimum capital and a board of directors with statutory duties.

Bankruptcy (eflas) follows cessation of payments; it differs from insolvency (ta'sis) and from simple default.

A bill of exchange (barat) creates an unconditional order to pay and binds the drawer, acceptor, and endorsers.

Commercial obligations carry a presumption of joint liability and a shorter limitation period than civil ones.

Commercial books and registration entries serve as evidence and are mandatory for merchants.

Marriage (nikah) requires offer, acceptance, capacity, and registration; the mahr (dowry) is a financial right of the wife.

Divorce (talaq) requires the statutory procedure, including arbitration and registration; unregistered divorce lacks effect.

Khul' and mubarat are consensual dissolutions distinct from unilateral talaq in their legal consequences.

Custody (hezanat) prioritizes the child's welfare; the mother generally holds custody until statutory age, subject to conditions.

Nafaqah (maintenance) is owed by the husband and may be enforced by the wife through the courts.

Inheritance shares (fara'ez) are fixed by law; a spouse's share depends on presence of descendants.

Paternity (nasab) is established by lawful marriage or acknowledgment, subject to statutory presumptions.

A wife may seek judicial divorce (talaq-e hakem) on statutory grounds such as hardship or non-maintenance.

Sovereignty belongs to the people, exercised through the ballot and constitutional institutions.

The Guardian Council reviews legislation for conformity with the Constitution and Islamic criteria.

The Expediency Council resolves deadlocks between the Majlis and the Guardian Council.

Fundamental rights include equality before the law, personal liberty, and freedom of expression within legal limits.

The President is elected by direct popular vote for a four-year term and heads the executive branch.

Judicial power is independent; courts derive authority from law and must publish reasoned judgments.

The Assembly of Experts monitors leadership and may act under constitutional procedures.

Laws must be published before they take effect; retroactive criminal liability is prohibited.

Administrative acts are unilateral decisions of public bodies producing legal effects for individuals.

The Administrative Justice Court (Divan-e Edalat-e Edari) annuls unlawful administrative decisions.

Ultra vires: an administrative authority may act only within the powers conferred by statute.

The principle of legality requires published legal basis for all administrative decisions affecting rights.

Public servants' disciplinary proceedings follow statutory procedures and guarantee a right to be heard.

Administrative contracts are governed by public law rules, distinct from private contract law.

Compensation for wrongful administrative acts may be sought through the Administrative Justice Court.

Municipal and local bodies exercise delegated powers and their decisions are subject to judicial review.

Sources of law are the Qur'an, Sunnah, consensus (ijma'), and reason ('aql) in Shi'a methodology.

The four classical Sunni schools and the Ja'fari school differ on sources and interpretive methods.

Primacy of certainty (yaqin) means doubt does not displace an established right (istishab).

The principle of no harm (la zarar) bars rules causing undue injury and supports remedies.

Interpretation maxims: specific (khass) over general ('aam), and later (motakhakher) over earlier (moqaddam).

Presumptions such as bara'at (freedom from obligation) govern where no proof of liability exists.

Contractual stipulations (shurut) are valid unless contrary to the contract's essence or public order.

Ijtihad requires recognized competence; judicial reasoning must rest on valid sources and precedent.

A lawyer must maintain confidentiality of client information and may not disclose it without consent or legal compulsion.

Conflict of interest rules bar representation of opposing parties in the same or related matters.

Fees must be agreed in advance and be proportionate; contingent fees contrary to law are unenforceable.

A lawyer may not knowingly present false evidence or mislead the court.

Withdrawal from representation requires notice and must not prejudice the client's interests before the court.

Judges must recuse themselves where impartiality could reasonably be questioned.

Professional discipline is imposed by statutory bodies for misconduct, with a right to be heard.

Legal privilege protects client-lawyer communications from compelled disclosure in proceedings.