Korean Bar Examination (변호사시험): core legal foundations flashcards
Korean Bar Examination (변호사시험): core legal foundations · Build recall with a focused review session.
21 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Proportionality
- A structured assessment of legitimate purpose, suitability, necessity and the balance between a measure’s public benefit and its restriction of rights.
- Legal standing
- The legally recognized interest that permits a person to seek a particular judicial remedy against the challenged action.
- Administrative disposition
- An exercise of public authority affecting a specific person’s rights or duties, distinguished from an instruction operating only internally.
- Revocation litigation
- A judicial challenge seeking cancellation of an unlawful administrative disposition within the requirements of the applicable procedural statute.
- Stay of execution
- Interim judicial relief concerning the operation or enforcement of a disposition while the relevant dispute remains pending.
- Constitutional complaint
- A statutory route for adjudicating specified constitutional infringements, subject to its own jurisdictional and procedural requirements.
- Judicial independence
- The constitutional requirement that judges decide according to conscience and the Constitution and laws rather than executive instructions.
- Juridical act
- An act expressing an intention to produce legal consequences, whose validity must be assessed under the applicable substantive law.
- Void act
- An act lacking the intended legal effect because a governing rule treats the defect as invalidity rather than merely a right of rescission.
- Apparent agency
- A doctrine protecting qualifying reliance on a representative’s apparent authority where the specific statutory requirements are satisfied.
- Simultaneous performance
- A relationship between reciprocal obligations that can permit a party to withhold its performance until the other offers the required counter-performance.
- Registration
- An official recording that can be necessary for specified changes in real rights over immovable property arising from juridical acts.
- Res judicata
- The binding effect of a final judgment within the objective and subjective limits prescribed for the particular adjudication.
- Burden of proof
- The allocation of the risk of nonpersuasion concerning facts necessary to establish a legal claim or defense.
- Legality principle
- The requirement that criminal liability and punishment have a legal basis rather than being created through an unfavorable analogy.
- Intent
- The mental element required for an intentional offense, which must be distinguished from negligence and inferred from relevant facts.
- Self-defense
- A justification addressing a current unlawful infringement under the conditions prescribed by the applicable criminal law.
- Accomplice
- A participant whose responsibility depends on the legally defined form of participation and its factual and mental requirements.
- Admissibility
- The legal eligibility of an item to be considered as evidence, distinct from its persuasive strength after admission.
- Corroboration
- Evidence supporting a defendant’s confession so that the confession is not the sole basis for a finding of guilt.
- Hearsay rule
- The framework restricting the use of out-of-court statements for their contents, subject to the applicable statutory exceptions.