Judicial Scrivener Examination cheat sheet

Civil jurisdiction splits into subject-matter jurisdiction (which court type hears the claim) and territorial jurisdiction (venue), determined at the time the action is filed.

Exclusive territorial jurisdiction over immovable property (land, buildings) lies with the court of the place where the property is situated; party agreement cannot override it.

General territorial jurisdiction follows the defendant's domicile; for legal persons, the registered seat or principal place of business controls. Place of performance or tort location may supply special jurisdiction.

A court lacking jurisdiction transfers the case to the competent court; if the plaintiff objects to transfer, the receiving court decides. Transfer does not restart the limitation period.

Court hierarchy: district (basic) courts handle first-instance civil claims by default; appellate courts review facts and law; the supreme court hears final appeals and cassation for uniformity.

Default (contumacy) judgment may be entered if the defendant, duly summoned, fails to appear without justified cause; the defendant may seek relief from default within the statutory window.

Intervention: a third party with an independent claim may sue to intervene; a party with a legal interest may join as accessory intervenor supporting one side.

Recusal: a judge must be recused if related to a party or counsel, has a personal interest, or previously handled the case; the motion is decided before further proceedings.

Legality principle (nullum crimen sine lege): conduct is punishable only if a statute defined it as an offense at the time it was committed; no analogical extension.

Criminal liability elements: act (act or omission), wrongfulness, culpability (intent or negligence), plus any special elements in the offense definition.

Intent covers knowledge and will; dolus eventualis (foreseeing and accepting the result) is treated as intent, whereas conscious negligence is not.

Pre-trial detention requires a judicial warrant and statutory grounds (risk of flight, collusion, or reoffending); the detainee may apply for review at defined intervals.

Miranda-type rights: on arrest the suspect must be informed of the right to silence and to counsel; statements obtained in violation may be excluded.

Prosecutorial discretion: the prosecutor may drop a case for insufficient evidence or, in minor cases, conditionally suspend prosecution; the victim may seek review of a non-prosecution decision.

Statute of limitations bars prosecution after fixed periods keyed to the maximum penalty; the clock stops on indictment and does not run while the suspect evades process.

Appeal: the convicted defendant may appeal to the appellate court within the statutory period; the prosecutor may appeal against acquittal or leniency.

Capacity: full capacity at majority (typically 18); minors have limited capacity and may act only through a legal representative, except for purely beneficial acts.

Contract formation requires offer and acceptance; acceptance takes effect on dispatch unless the offeror required arrival, and silence is not acceptance absent prior course of dealing.

Void vs voidable: void acts (e.g., contrary to mandatory law or public order) have no effect ab initio; voidable acts (fraud, duress, mistake) are effective until rescinded within the limitation period.

Limitation period for civil claims is generally three years from knowledge of the injury and the obligor; the absolute cap is typically twenty years from the act.

Ownership transfers by agreement plus delivery for movables; for immovables, registration in the land register is required. Good-faith acquisition may protect a purchaser from a non-owner.

Tort liability requires damage, causation, and fault; strict liability applies to dangerous activities, defective products, and animals, with limited statutory defenses.

Unjust enrichment: a person who obtains a benefit without legal ground must return it; a good-faith recipient returns only what remains, a bad-faith recipient returns all plus interest.

Agency: an agent acting within authority binds the principal; apparent authority protects a third party who reasonably relied on the principal's conduct.

Each case file is assigned a unique case number at intake; the number is recorded on every document added and cross-referenced in the register.

Chronological filing: documents are added in date order with an index; each entry records date received, title, and page range.

The court clerk maintains a docket/register listing all filings, hearings, and orders; entries are made on the day of the event.

Access control: only authorized personnel may inspect or remove files; withdrawal requires a signed charge-out slip and is logged.

Confidential or sealed material is kept in a separate envelope, marked as sealed, and may be opened only by judicial order.

Retention periods are set by court rules (e.g., civil files retained for years after final disposition; criminal files longer); destruction requires a documented disposal schedule.

Transfers between courts are recorded with a covering letter and inventory; the receiving court confirms receipt in writing.

Electronic records must preserve metadata, be backed up, and remain readable throughout the retention period; paper originals of scanned documents are handled per policy.

Standard judgment structure: caption (court, case number, parties), procedural history, facts, parties' contentions, court's findings and reasoning, holding, and signature with date.

The caption identifies the court, case number, document type, and parties with their procedural roles; the operative part (holding) is set out separately and must be enforceable.

Reasoning must address each pleaded claim and defense, state the applicable rules, and explain why evidence was accepted or rejected.

Citations: cite statutes by official title and article, e.g., 'Civil Code art. 179'; cite prior decisions by court, docket number, and year.

Numbering: paragraphs are numbered sequentially; monetary amounts are written in figures and, where required, in words; dates use the statutory format.

A document is effective when signed by the deciding judge(s) and sealed with the court seal; corrections are made by a separate corrective order, not by altering the original.

Rulings (interlocutory orders) are shorter: caption, brief reasons, and the order; they are not required to contain full findings unless the rules say so.

Res judicata: a final judgment on the merits bars re-litigation of the same claim between the same parties; the effect is claim preclusion, not merely issue preclusion.

Stare decisis: courts follow prior decisions of higher courts on the same point; the binding part is the ratio decidendi, not obiter dicta.

Onus probandi (burden of proof): the party asserting a fact must prove it; in criminal cases the prosecution bears the burden beyond reasonable doubt.

In dubio pro reo: doubts about facts are resolved in favor of the accused; it applies to facts, not to questions of law.

Audi alteram partem (right to be heard): no decision may rest on material a party had no opportunity to address.

Nemo iudex in causa sua: no one may judge their own cause; a judge with a personal interest must be recused.

Pacta sunt servanda: agreements bind the parties and must be performed in good faith; it grounds contractual liability.

Citation form: first full citation, then short form; pinpoint references use 'at' or article numbers; parallel citations are separated by semicolons.

Confidentiality covers all information learned in the course of the professional relationship, including after the relationship ends; disclosure requires client consent or a legal duty.

Conflicts of interest: a scrivener may not act where a personal or financial interest conflicts with the client's, nor concurrently for opposing parties.

Competence and diligence: the scrivener must keep skills current, meet deadlines, and decline work outside their competence.

Fees must be disclosed in advance and be reasonable; contingent fees are restricted where the rules prohibit them.

Client funds must be held in a separate trust account and never commingled with the scrivener's own funds.

Disciplinary sanctions range from reprimand and fine to suspension and disbarment; proceedings follow notice, hearing, and a reasoned decision.

Reporting duties: serious misconduct by another scrivener may require reporting to the disciplinary body, subject to confidentiality limits.

Advertising must be truthful and not misleading; testimonials and comparisons require substantiation.

Court fees are usually ad valorem for monetary claims, computed on the claim value using statutory brackets; non-monetary claims pay a flat fee.

The fee is paid at filing; failure to pay within the set period leads to rejection or the claim being treated as withdrawn.

Fee reductions and exemptions apply to low-income parties and certain claim types (e.g., labor, family); the party must apply with evidence.

Appeal deadlines run from service of the judgment, not from its date; the period is short (often 15-30 days) and is not extended by agreement.

Objections to jurisdiction or procedural defects must be raised within the statutory period, typically before the answer is filed.

Time limits are computed in calendar days unless the rules say working days; the first day is excluded and the last day included, with extension if it falls on a holiday.

Restoration of time (restitution) may be granted if the party was prevented by force majeure; the application must be filed promptly with evidence.

E-filing requires an authenticated account; the filing is deemed made when the system issues a receipt with a timestamp, not when the user clicks submit.

Accepted file formats and size limits are set by court rule; scanned documents must meet resolution and legibility standards.

Electronic service is valid to the registered address; a party must keep contact details current or risk default service.

Digital signatures or system credentials replace handwritten signatures where the rules permit; the audit log is the evidence of authenticity.

Access rights are role-based: parties see only their case; clerks and judges see assigned dockets; every access is logged.

System downtime: filings due during an official outage are treated as timely if made on the next working day, provided the outage is documented.

Personal data in filings must be minimized and redacted per privacy rules before upload.

The exam tests applied knowledge: candidates must identify the correct procedural step, deadline, or document form, not merely define terms.

Questions on court organization ask which court has jurisdiction and which review path applies; map the hierarchy before answering.

Fee questions require computing the bracket amount; show the bracket, rate, and any reduction before the total.

Deadline questions hinge on the triggering event (service, filing, or order date); identify the trigger first, then count.

Ethics questions turn on confidentiality and conflicts; the correct answer usually requires disclosure or withdrawal.

Citation questions test form and pinpoint accuracy; a wrong article number is a wrong answer even if the rule is right.

Burden of proof rests on the party asserting a fact; in criminal cases the prosecution must prove guilt beyond reasonable doubt.

Admissibility: evidence must be relevant, material, and lawfully obtained; illegally obtained evidence may be excluded.

Documentary evidence: originals are preferred; copies require authentication, and electronic records need metadata or system logs.

Witness testimony is weighed by credibility, consistency, and opportunity to observe; hearsay is generally excluded unless a statutory exception applies.

Expert evidence is admitted where specialized knowledge assists the court; the expert's independence and method are testable.

Presumptions shift the burden: e.g., a registered owner is presumed owner; the opposing party must rebut.

A judgment is enforceable once final or provisionally enforceable by order; the enforcement clause is issued by the court.

Enforcement targets the debtor's assets: bank accounts, wages (within exempt limits), and movable or immovable property.

Third-party garnishee orders freeze debts owed to the debtor; the garnishee must respond within the statutory period.

Exempt property (basic household goods, tools of trade) cannot be seized; the debtor may apply for exemption.

Sale of seized assets is by public auction unless the parties agree otherwise; proceeds are distributed by priority.

Enforcement may be stayed by appeal, security, or a court order; a stay suspends further execution steps.

Court budgets are proposed by the court administration and approved by the legislature; spending is audited annually.

Case statistics record filings, dispositions, and pending cases; clearance rate = dispositions divided by filings.

Backlog is measured as pending cases at period end; average disposition time is total days divided by disposed cases.

Judges' caseload is monitored; excessive caseload may justify additional appointments.

Annual reports are public; they must reconcile with the case register totals.

Procurement of court equipment follows public procurement rules; conflicts of interest must be disclosed.

Mediation is voluntary unless a statute or court order requires it; a settlement agreement is enforceable once confirmed by the court.

Arbitration requires a written agreement; the award is final and enforceable, subject to limited set-aside grounds.

Conciliation differs from mediation in that the conciliator may propose terms; the parties remain free to accept.

A court may refer a case to mediation at any stage; referral suspends the limitation period.

Settlement ends the dispute; the court records it and the case is closed without a merits judgment.

Confidentiality attaches to mediation communications; they are inadmissible in later proceedings.

Translate legal terms by their function in the target legal system, not word-for-word; note the source term in brackets where meaning is contested.

Certified translations require a translator's declaration of accuracy and, where required, notarization.

Proper names, case numbers, and statute titles are kept in the original with a translation in parentheses.

Ambiguity in the source is preserved, not resolved; add a translator's note instead of guessing.

Formatting of the translation mirrors the original (paragraph numbering, headings) so the two can be compared.

Confidentiality applies to translated documents exactly as to originals.

A notarial act certifies identity, signature, or the voluntariness of an act; the notary records the act in a register.

The notary must verify identity from an official document and record the document type and number.

A notarial certificate states the place, date, parties, act performed, and the notary's signature and seal.

Refusal to notarize is possible where identity is doubtful or the act is unlawful; the refusal is recorded with reasons.

Apostille or legalization is required for documents used abroad; the competent authority issues it.

The notary keeps a protocol copy; the parties receive certified copies.

A hearing opens with identification of the parties, confirmation of summons, and statement of the claims.

The court may appoint an interpreter where a party does not speak the language; the interpreter takes an oath of accuracy.

Evidence is taken in open court; the parties may cross-examine witnesses.

The record of the hearing is read or confirmed; corrections are noted and signed.

Closing statements precede deliberation; the judgment is pronounced in open court or on a set date.

Hearings may be held remotely where the rules allow; the record must note the connection and participants.

Identify the ratio decidendi: the rule necessary to the decision; obiter dicta are persuasive only.

Check whether a precedent has been overruled, distinguished, or limited by later decisions.

Use official reporters and court databases; cite the docket number and year for unpublished decisions.

Compare the facts of the precedent with the case at hand; material similarity is required for binding effect.

Note the level of the court: higher court decisions bind lower courts in the same hierarchy.

Record the citation trail so the reasoning can be verified.

Entry to court buildings requires screening; prohibited items are listed by court order.

Access badges are issued to staff and visitors; badges are returned on exit.

Courtrooms are secured during hearings; recording devices require permission.

Incidents are logged and reported to the presiding judge and security office.

Confidential files are stored in locked rooms with access logs.

Emergency evacuation procedures are posted and rehearsed.

Judges decide independently; no instruction from the executive or parties may influence the decision.

Impartiality requires recusal where a judge has a personal, family, or financial interest.

Judicial appointments follow published criteria; removal requires a reasoned decision by the competent body.

Judges' remuneration cannot be reduced to pressure them; budget cuts apply generally.

Public comment on pending cases by judges is restricted to protect impartiality.

Disciplinary proceedings against judges are separate from appeals against their decisions.