Iran Judiciary Bar Exam flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Void contract
- A contract lacking an essential element under Article 190, such as lawful purpose or capacity, which produces no legal effect and cannot be ratified.
- Shof'a (pre-emption)
- The right of a co-owner of divisible immovable property to acquire a sold share by matching the buyer's price within statutory time limits.
- Estifa' (unjust enrichment)
- A principle obliging a person who has obtained a benefit at another's expense without legal cause to restore its value to the deprived party.
- Res judicata
- The bar preventing re-litigation of a dispute already finally decided between the same parties on the same subject and cause of action.
- Default judgment
- A judgment issued against a defendant who, after proper service of summons, fails to appear or to submit a defense within the statutory period.
- Provisional attachment
- A precautionary court order freezing a defendant's assets where the claimant shows a credible risk that enforcement of a future judgment would otherwise be frustrated.
- Statement of claim
- The initiating pleading that identifies the parties, states the relief sought, sets out the material facts, and lists supporting evidence.
- Hodud offenses
- Fixed penalties prescribed by Islamic law for specified offenses, generally not subject to judicial reduction, suspension, or discretionary variation.
- Qesas (retribution)
- A penalty allowing the victim or heirs to seek equivalent retribution for certain offenses against person, subject to statutory conditions and possible settlement.
- Attempt (shoru' be jorm)
- Conduct beginning the commission of an offense that fails for reasons outside the actor's will, punishable only where the statute expressly provides.
- Complicity
- Participation of two or more persons in committing a single offense, each subject to a penalty determined by the degree of their contribution.
- Flagrante delicto
- A situation where an offense is witnessed at or immediately after commission, permitting arrest without prior judicial order under statutory conditions.
- Pre-trial detention
- Custody of an accused before final judgment, permitted only exceptionally, for statutory periods, and subject to judicial review.
- Bail order (kafalat)
- An interim measure releasing an accused upon provision of a guarantor or security to ensure appearance at later proceedings.
- Right to counsel
- The accused's entitlement to legal representation, guaranteed from the first interrogation in serious offenses and throughout trial.
- Merchant (tajer)
- A person who habitually performs commercial acts as defined by statute, thereby assuming the duties and evidentiary rules applicable to merchants.
- Joint-stock company
- A commercial entity whose capital is divided into shares, acquiring legal personality upon registration and governed by statutory board and capital rules.
- Bankruptcy (eflas)
- A judicial status following a merchant's cessation of payments, triggering collective settlement of debts under statutory administration.
- Bill of exchange
- A negotiable instrument containing an unconditional order to pay a sum to a named party, binding the drawer, acceptor, and endorsers.
- Mahr (dowry)
- A financial right of the wife established by the marriage contract, owed by the husband and enforceable as a debt.
- Custody (hezanat)
- The right and duty to care for a child, allocated by law primarily according to the child's welfare and subject to statutory conditions.
- Nafaqah (maintenance)
- The husband's legal obligation to provide the wife with housing, food, clothing, and medical needs, enforceable through the courts.
- Khul' divorce
- A consensual dissolution initiated by the wife, typically involving consideration paid to the husband, distinct from unilateral talaq in its effects.
- Guardian Council
- A constitutional body that reviews legislation for conformity with the Constitution and Islamic criteria and supervises elections and referenda.
- Expediency Council
- A constitutional body that resolves deadlocks between the Majlis and the Guardian Council and advises on major policy matters.
- Rule of law
- The constitutional principle that all authority derives from law, that laws must be published, and that retroactive criminal liability is prohibited.
- Ultra vires
- The doctrine that an administrative authority may act only within powers conferred by statute; acts beyond those powers are unlawful and voidable.
- Administrative Justice Court
- A specialized tribunal with jurisdiction to annul unlawful administrative decisions and to award compensation for wrongful administrative acts.
- Administrative act
- A unilateral decision by a public body exercising statutory authority that produces legal effects for identified or identifiable persons.
- Ijma' (consensus)
- Agreement of qualified jurists of a given era on a legal rule, recognized as a source of law in classical Islamic jurisprudence.
- La zarar (no harm)
- A jurisprudential maxim holding that rules causing undue injury are impermissible, supporting remedies and limiting harmful contractual terms.
- Conflict of interest
- A situation where a lawyer's duties to one client conflict with duties to another or with personal interests, requiring disclosure or withdrawal.