Iran Judgeship Exam (Ghazavvat) flashcards

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

قاعده لاضرر

In Islamic jurisprudence and civil law, the principle that no one may exercise a right in a way that causes undue harm to another. It limits abusive claims and supports compensation for wrongful harm.

اصل نسبی بودن قراردادها

The principle that a contract binds only its parties and their successors, not third parties, unless the law expressly provides otherwise. It is reflected in Article 10 of the Civil Code.

مرور زمان

The lapse of time that bars a claim from being heard in court where statute so provides. In civil matters it does not extinguish the underlying right itself, only the remedy.

مسئولیت تضامنی

Joint liability in which each debtor may be sued for the entire debt, and payment by one discharges the others. It must be expressly agreed or provided by law, as in commercial obligations.

حضانت

Custody of a child, which under current Iranian statute belongs to the mother until age seven for boys and nine for girls, after which it reverts to the father unless the court orders otherwise.

نفقه

Maintenance owed by a husband to his wife and children, covering housing, food, clothing, and medical needs. Failure to pay may ground both a civil claim and a criminal complaint.

شروط ضمن عقد

Conditions inserted into a marriage contract, such as the wife's right to divorce or to a specified share of property. They are enforceable if they do not contradict the nature of marriage.

مهر

The dowry owed by the husband to the wife under a marriage contract. It may be immediate or deferred and remains the wife's property; non-payment does not automatically dissolve the marriage.

بازپرس

The investigating judge under the 2015 Criminal Procedure Code, who supervises preliminary investigation, may order detention, and is disqualified from trying the case at trial.

بازداشت موقت

Pre-trial detention ordered by a judicial authority for specified serious offenses. It requires a reasoned order, is subject to statutory time limits, and must be reviewed periodically.

قاعده درء

The Islamic criminal principle that fixed penalties (hudud) are dropped where doubt exists. It requires strict proof and bars conviction on mere suspicion or weak circumstantial evidence.

دفاع مشروع

Lawful defense under Article 156 of the Islamic Penal Code, available where a person repels an imminent unlawful attack with necessary and proportionate force. It removes criminal liability.

شروع به جرم

An attempt to commit a crime that falls short of completion. It is punishable only where the law expressly provides; mere preparation is not an offense.

معاونت در جرم

Aiding or abetting an offense, such as by inciting, procuring means, or facilitating. The accomplice's penalty may not exceed that of the principal in ta'zir offenses.

عطف به ماسبق نشدن

The rule that criminal law does not apply retroactively, except where the later law is more favorable to the accused, in which case it applies to non-final judgments under Article 10.

امر مختوم

Res judicata: a final judgment bars a new action on the same claim where the parties, subject matter, and cause of action are identical.

دستور موقت

An interim measure ordered by a civil court where urgency and likelihood of irreparable harm are shown. The applicant may be required to post security.

حکم غیابی

A default judgment issued where the defendant fails to appear after proper service. It is subject to objection (واخواهی) within the statutory period.

ایراد عدم صلاحیت

A jurisdictional objection raised by a party or examined by the court on its own motion. It must be decided as a preliminary matter before the merits.

اسناد رسمی

Official documents executed before a notary or public official. They carry presumptive validity and may be challenged only through statutory procedures such as a claim of forgery.

اقرار

A confession or admission of a fact against one's interest. It is valid only if made by a person with capacity, free of duress, and concerning a matter within the confessor's control.

البینه علی المدعی

The evidentiary rule that the burden of proof rests on the claimant, while the defendant need only deny unless asserting an affirmative defense.

علم قاضی

The judge's personal certainty, which is the standard of proof in criminal matters. Circumstantial evidence alone may not suffice for hudud offenses.

شرکت در جرم

Joint perpetration of an offense by two or more persons acting together. Each participant is liable, and the penalty is determined according to the statutory rules on participation.

ورشکستگی

Bankruptcy of a merchant, triggered by cessation of payments. A trustee administers the estate and distributes proceeds according to the statutory ranking of creditors.

برات

A bill of exchange requiring acceptance by the drawee. It is a commercial instrument distinct from the promissory note and the check, each governed by separate statutory rules.

تاجر

A person who habitually engages in commercial acts as defined in Article 2 of the Commercial Code, including purchase and sale of goods, brokerage, and transport.

شورای نگهبان

The Guardian Council, which reviews legislation for conformity with Islamic law and the Constitution. Its approval is required for a bill to become law.

دیوان عدالت اداری

The Administrative Justice Court, which reviews administrative decisions and regulations for legality and may annul unlawful acts of public authorities.

مجمع تشخیص مصلحت نظام

The Expediency Council, which resolves deadlocks between the Parliament and the Guardian Council by determining what serves the interest of the system.

استماع دعاوی طرفین

The procedural fairness rule requiring the court to hear both parties before ruling. It supports the right to a fair trial and the reasoned judgment requirement.

محرمانگی مشاوره

The duty of judges to keep the court's internal deliberations confidential. Disclosure of deliberations undermines the independence and authority of the judiciary.