Iran Judiciary Bar Exam key terms
Iran Judiciary Bar Exam · Get comfortable with the vocabulary.
- Khiyar (Option to Rescind)
- Related: Khiyar-e Aib (Option for Defect), Ghobn (Lesion)
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.
- Khiyar-e Aib (Option for Defect)
- Related: Khiyar (Option to Rescind), Ghobn (Lesion)
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.
- Ghobn (Lesion)
- Related: Khiyar (Option to Rescind), Khiyar-e Aib (Option for Defect)
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.
- Ejareh (Lease)
- Related: Eyn (Corporeal Property), Vadia (Deposit)
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.
- Vadia (Deposit)
- Related: Ejareh (Lease), Amanat (Trust)
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.
- Eyn (Corporeal Property)
- Related: Ejareh (Lease), Manafe (Usufruct)
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.
- Manafe (Usufruct)
- Related: Eyn (Corporeal Property), Ejareh (Lease)
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.
- Salahiyat-e Taraf-e Dav'a (Capacity to Sue)
- Related: Dava (Action), Hoqn-e Modakhelat (Intervention)
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.
- Dava (Action)
- Related: Salahiyat-e Taraf-e Dav'a (Capacity to Sue), Ebareh (Pleading)
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.
- Hoqn-e Modakhelat (Intervention)
- Related: Salahiyat-e Taraf-e Dav'a (Capacity to Sue), Dava (Action)
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.
- Ebareh (Pleading)
- Related: Dava (Action), Hokm-e Ghat'i (Final Judgment)
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.
- Hokm-e Ghat'i (Final Judgment)
- Related: Ebareh (Pleading), Amr-e Movaqqat (Interim Order)
A court decision that has become definitive and no longer subject to ordinary appeal, giving the dispute conclusive resolution and permitting enforcement.
- Amr-e Movaqqat (Interim Order)
- Related: Hokm-e Ghat'i (Final Judgment)
A provisional measure issued by a court during litigation to preserve the status quo or prevent irreparable harm before a final judgment is reached.
- Qasd-e Jormi (Criminal Intent)
- Related: Elaam-e Jorm (Actus Reus), Mas'uliyat-e Keyfari (Criminal Liability)
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.
- Elaam-e Jorm (Actus Reus)
- Related: Qasd-e Jormi (Criminal Intent), Mas'uliyat-e Keyfari (Criminal Liability)
The external, physical element of an offense, consisting of the conduct, circumstances, and consequences that the criminal law prohibits.
- Mas'uliyat-e Keyfari (Criminal Liability)
- Related: Qasd-e Jormi (Criminal Intent), Elaam-e Jorm (Actus Reus)
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.
- Jorm-e Aqdi (Discretionary Offense)
- Related: Hodud (Fixed Penalties), Mas'uliyat-e Keyfari (Criminal Liability)
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.
- Hodud (Fixed Penalties)
- Related: Jorm-e Aqdi (Discretionary Offense)
Punishments whose type and measure are fixed by Islamic law and cannot be increased, decreased, or replaced by judicial discretion.
- Bazdasht (Detention Pending Investigation)
- Related: Qarar-e Tamin (Precautionary Order), Hoghough-e Motaham (Rights of the Accused)
A procedural measure authorizing the temporary custody of a suspect during the preliminary investigation, subject to statutory time limits and judicial supervision.
- Qarar-e Tamin (Precautionary Order)
- Related: Bazdasht (Detention Pending Investigation), Hoghough-e Motaham (Rights of the Accused)
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.
- Hoghough-e Motaham (Rights of the Accused)
- Related: Bazdasht (Detention Pending Investigation), Qarar-e Tamin (Precautionary Order)
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.
- Tahqiqat-e Moqaddamati (Preliminary Investigation)
- Related: Bazdasht (Detention Pending Investigation), Qarar-e Tamin (Precautionary Order)
The stage in which a judicial officer gathers evidence, hears witnesses, and decides whether to bring charges, before the case is referred to trial.
- Sherkat-e Sahami (Joint-Stock Company)
- Related: Sherkat-e Mahdud (Limited Liability Company), Varqeh-e Saham (Share Certificate)
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.
- Sherkat-e Mahdud (Limited Liability Company)
- Related: Sherkat-e Sahami (Joint-Stock Company), Varqeh-e Saham (Share Certificate)
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.
- Varqeh-e Saham (Share Certificate)
- Related: Sherkat-e Sahami (Joint-Stock Company), Barat (Bill of Exchange)
A negotiable instrument evidencing ownership of one or more shares in a company and the rights attached to them, such as dividends and voting.
- Barat (Bill of Exchange)
- Related: Varqeh-e Saham (Share Certificate), Zeman-e Tazamoni (Joint Liability)
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.
- Zeman-e Tazamoni (Joint Liability)
- Related: Barat (Bill of Exchange)
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.
- Mehr (Dower)
- Related: Talaq (Divorce), Nafaqeh (Maintenance)
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.
- Nafaqeh (Maintenance)
- Related: Mehr (Dower), Hizanat (Custody)
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.
- Hizanat (Custody)
- Related: Nafaqeh (Maintenance), Talaq (Divorce)
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.
- Talaq (Divorce)
- Related: Mehr (Dower), Hizanat (Custody)
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.
- Hokm-e Qanun (Rule of Law)
- Related: Solteh (Authority), Nezarat-e Qazai (Judicial Review)
The constitutional principle that public authorities must act under and according to law, and that no official may exercise power without a legal basis.
- Solteh (Authority)
- Related: Hokm-e Qanun (Rule of Law), Tajavoz az Solteh (Ultra Vires)
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.
- Tajavoz az Solteh (Ultra Vires)
- Related: Solteh (Authority), Nezarat-e Qazai (Judicial Review)
The exercise of public power beyond the scope granted by law, which renders the administrative act void and subject to annulment.
- Nezarat-e Qazai (Judicial Review)
- Related: Tajavoz az Solteh (Ultra Vires), Hokm-e Qanun (Rule of Law)
The power of courts to examine administrative decisions for legality and to annul those that violate law, exceed authority, or breach procedural requirements.
- Qa'edeh-ye La Zarar (No Harm Principle)
- Related: Qa'edeh-ye Ehsan (Benevolence Principle), Maslahat (Public Interest)
A foundational jurisprudential maxim holding that harm must be prevented and compensated, and that no person may cause injury to another without liability.
- Qa'edeh-ye Ehsan (Benevolence Principle)
- Related: Qa'edeh-ye La Zarar (No Harm 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.
- Maslahat (Public Interest)
- Related: Qa'edeh-ye La Zarar (No Harm Principle)
The general welfare considered in legal reasoning, allowing authorities to restrict individual rights only when necessary to protect a recognized public benefit.
- Vakil-e Dadgostari (Attorney at Law)
- Related: Ta'aroz-e Manafe (Conflict of Interest), Serriyat-e Herfehi (Professional Confidentiality)
A licensed legal professional authorized to represent clients before courts, bound by duties of competence, confidentiality, loyalty, and avoidance of conflicts of interest.
- Ta'aroz-e Manafe (Conflict of Interest)
- Related: Vakil-e Dadgostari (Attorney at Law), Serriyat-e Herfehi (Professional Confidentiality)
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.
- Serriyat-e Herfehi (Professional Confidentiality)
- Related: Vakil-e Dadgostari (Attorney at Law), Ta'aroz-e Manafe (Conflict of Interest)
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.