Iran Judiciary Bar Exam study materials
Iran Judiciary Bar Exam study resources

Iran Judiciary Bar Exam key terms

Iran Judiciary Bar Exam · Get comfortable with the vocabulary.

Khiyar (Option to Rescind)

A right recognized in Islamic jurisprudence and civil law allowing one or both contracting parties to cancel a contract within a set period or upon a specified ground, such as defect, deception, or delay in payment.

Related: Khiyar-e Aib (Option for Defect), Ghobn (Lesion)
Khiyar-e Aib (Option for Defect)

The buyer's right to cancel a sale when the object turns out to have a hidden defect that reduces its value or usefulness and was not disclosed by the seller.

Related: Khiyar (Option to Rescind), Ghobn (Lesion)
Ghobn (Lesion)

A significant imbalance between the price paid and the true value of what is exchanged, which in limited circumstances lets the harmed party seek rescission or adjustment of the transaction.

Related: Khiyar (Option to Rescind), Khiyar-e Aib (Option for Defect)
Ejareh (Lease)

A contract under which one party grants another the right to use a specified property or to perform work for a defined period in return for agreed rent, without transferring ownership of the asset itself.

Related: Eyn (Corporeal Property), Vadia (Deposit)
Vadia (Deposit)

A contract in which one person entrusts property to another for safekeeping, and the custodian must preserve it and return it on demand without any right to use it.

Related: Ejareh (Lease), Amanat (Trust)
Eyn (Corporeal Property)

A tangible thing that exists in the external world and can be owned, possessed, and used, as distinguished from rights and claims that have no physical existence.

Related: Ejareh (Lease), Manafe (Usufruct)
Manafe (Usufruct)

The right to enjoy the benefits and income of property owned by another, either for life or for a fixed term, without acquiring ownership of the underlying asset.

Related: Eyn (Corporeal Property), Ejareh (Lease)
Salahiyat-e Taraf-e Dav'a (Capacity to Sue)

The legal standing of a claimant to bring an action, requiring that the person have a direct, personal, and legitimate interest in the subject matter of the dispute.

Related: Dava (Action), Hoqn-e Modakhelat (Intervention)
Dava (Action)

A formal claim filed before a competent court in which the plaintiff asks for recognition or enforcement of a right against a defendant, initiating civil proceedings.

Related: Salahiyat-e Taraf-e Dav'a (Capacity to Sue), Ebareh (Pleading)
Hoqn-e Modakhelat (Intervention)

The procedural right of a third party with an interest in the outcome to join an ongoing lawsuit, either to support one side or to assert an independent claim.

Related: Salahiyat-e Taraf-e Dav'a (Capacity to Sue), Dava (Action)
Ebareh (Pleading)

The written statements in which each party sets out its factual and legal contentions, including the claim, defense, and any counterclaim, forming the basis of the court's examination.

Related: Dava (Action), Hokm-e Ghat'i (Final Judgment)
Hokm-e Ghat'i (Final Judgment)

A court decision that has become definitive and no longer subject to ordinary appeal, giving the dispute conclusive resolution and permitting enforcement.

Related: Ebareh (Pleading), Amr-e Movaqqat (Interim Order)
Amr-e Movaqqat (Interim Order)

A provisional measure issued by a court during litigation to preserve the status quo or prevent irreparable harm before a final judgment is reached.

Related: Hokm-e Ghat'i (Final Judgment)
Qasd-e Jormi (Criminal Intent)

The mental element of a crime, meaning the offender's deliberate will to carry out the prohibited act or to bring about the prohibited result.

Related: Elaam-e Jorm (Actus Reus), Mas'uliyat-e Keyfari (Criminal Liability)
Elaam-e Jorm (Actus Reus)

The external, physical element of an offense, consisting of the conduct, circumstances, and consequences that the criminal law prohibits.

Related: Qasd-e Jormi (Criminal Intent), Mas'uliyat-e Keyfari (Criminal Liability)
Mas'uliyat-e Keyfari (Criminal Liability)

The legal responsibility of a person for an offense, which requires capacity, a culpable mental state, and conduct matching the statutory definition of the crime.

Related: Qasd-e Jormi (Criminal Intent), Elaam-e Jorm (Actus Reus)
Jorm-e Aqdi (Discretionary Offense)

An offense whose punishment is not fixed by law but left to the judge's discretion within statutory limits, as opposed to offenses with prescribed penalties.

Related: Hodud (Fixed Penalties), Mas'uliyat-e Keyfari (Criminal Liability)
Hodud (Fixed Penalties)

Punishments whose type and measure are fixed by Islamic law and cannot be increased, decreased, or replaced by judicial discretion.

Related: Jorm-e Aqdi (Discretionary Offense)
Bazdasht (Detention Pending Investigation)

A procedural measure authorizing the temporary custody of a suspect during the preliminary investigation, subject to statutory time limits and judicial supervision.

Related: Qarar-e Tamin (Precautionary Order), Hoghough-e Motaham (Rights of the Accused)
Qarar-e Tamin (Precautionary Order)

A judicial decision imposing a restriction on a suspect or accused, such as bail, surety, or detention, to secure appearance at proceedings and protect the investigation.

Related: Bazdasht (Detention Pending Investigation), Hoghough-e Motaham (Rights of the Accused)
Hoghough-e Motaham (Rights of the Accused)

The procedural guarantees owed to a person charged with an offense, including access to counsel, notice of charges, silence, and a fair hearing before an impartial tribunal.

Related: Bazdasht (Detention Pending Investigation), Qarar-e Tamin (Precautionary Order)
Tahqiqat-e Moqaddamati (Preliminary Investigation)

The stage in which a judicial officer gathers evidence, hears witnesses, and decides whether to bring charges, before the case is referred to trial.

Related: Bazdasht (Detention Pending Investigation), Qarar-e Tamin (Precautionary Order)
Sherkat-e Sahami (Joint-Stock Company)

A commercial company whose capital is divided into shares and whose shareholders' liability is limited to the value of their shares, governed by statutory rules on incorporation and management.

Related: Sherkat-e Mahdud (Limited Liability Company), Varqeh-e Saham (Share Certificate)
Sherkat-e Mahdud (Limited Liability Company)

A commercial company formed by a limited number of partners whose liability is confined to their capital contribution, and whose interests are not represented by freely transferable shares.

Related: Sherkat-e Sahami (Joint-Stock Company), Varqeh-e Saham (Share Certificate)
Varqeh-e Saham (Share Certificate)

A negotiable instrument evidencing ownership of one or more shares in a company and the rights attached to them, such as dividends and voting.

Related: Sherkat-e Sahami (Joint-Stock Company), Barat (Bill of Exchange)
Barat (Bill of Exchange)

A negotiable instrument by which the drawer orders the drawee to pay a sum of money to the payee or bearer on a specified date.

Related: Varqeh-e Saham (Share Certificate), Zeman-e Tazamoni (Joint Liability)
Zeman-e Tazamoni (Joint Liability)

A legal arrangement in which two or more debtors are each bound to the creditor for the whole obligation, so the creditor may demand full performance from any one of them.

Related: Barat (Bill of Exchange)
Mehr (Dower)

A sum of money or property that a husband undertakes to give his wife under the marriage contract, becoming her exclusive right upon marriage or as agreed.

Related: Talaq (Divorce), Nafaqeh (Maintenance)
Nafaqeh (Maintenance)

The legal duty of a husband to provide his wife with housing, food, clothing, and medical care in accordance with her reasonable needs and his means.

Related: Mehr (Dower), Hizanat (Custody)
Hizanat (Custody)

The right and duty to care for and raise a child, including physical custody and day-to-day decisions, awarded according to the child's best interests.

Related: Nafaqeh (Maintenance), Talaq (Divorce)
Talaq (Divorce)

The dissolution of a marriage by the husband's unilateral declaration, subject to statutory registration and procedural requirements, after which the wife may claim her financial rights.

Related: Mehr (Dower), Hizanat (Custody)
Hokm-e Qanun (Rule of Law)

The constitutional principle that public authorities must act under and according to law, and that no official may exercise power without a legal basis.

Related: Solteh (Authority), Nezarat-e Qazai (Judicial Review)
Solteh (Authority)

The legal power conferred on a public body or official to make decisions or take action within defined limits, beyond which the act is invalid.

Related: Hokm-e Qanun (Rule of Law), Tajavoz az Solteh (Ultra Vires)
Tajavoz az Solteh (Ultra Vires)

The exercise of public power beyond the scope granted by law, which renders the administrative act void and subject to annulment.

Related: Solteh (Authority), Nezarat-e Qazai (Judicial Review)
Nezarat-e Qazai (Judicial Review)

The power of courts to examine administrative decisions for legality and to annul those that violate law, exceed authority, or breach procedural requirements.

Related: Tajavoz az Solteh (Ultra Vires), Hokm-e Qanun (Rule of Law)
Qa'edeh-ye La Zarar (No Harm Principle)

A foundational jurisprudential maxim holding that harm must be prevented and compensated, and that no person may cause injury to another without liability.

Related: Qa'edeh-ye Ehsan (Benevolence Principle), Maslahat (Public Interest)
Qa'edeh-ye Ehsan (Benevolence Principle)

A jurisprudential rule providing that a person who acts benevolently to protect another from harm is not liable for resulting injury, absent negligence or intent.

Related: Qa'edeh-ye La Zarar (No Harm Principle)
Maslahat (Public Interest)

The general welfare considered in legal reasoning, allowing authorities to restrict individual rights only when necessary to protect a recognized public benefit.

Related: Qa'edeh-ye La Zarar (No Harm Principle)
Vakil-e Dadgostari (Attorney at Law)

A licensed legal professional authorized to represent clients before courts, bound by duties of competence, confidentiality, loyalty, and avoidance of conflicts of interest.

Related: Ta'aroz-e Manafe (Conflict of Interest), Serriyat-e Herfehi (Professional Confidentiality)
Ta'aroz-e Manafe (Conflict of Interest)

A situation in which a lawyer's personal, financial, or other interests could compromise the duty of loyalty owed to a client, requiring disclosure or withdrawal.

Related: Vakil-e Dadgostari (Attorney at Law), Serriyat-e Herfehi (Professional Confidentiality)
Serriyat-e Herfehi (Professional Confidentiality)

The lawyer's duty to keep client information secret and not to disclose it without consent, except where law requires disclosure to prevent serious harm.

Related: Vakil-e Dadgostari (Attorney at Law), Ta'aroz-e Manafe (Conflict of Interest)