Beirut Bar Admission Test flashcards

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

Cause in contract

Under Lebanese Civil Code, cause is the lawful reason for undertaking an obligation; absence of cause renders the contract void, while unlawful cause makes it voidable.

Force majeure

An unforeseeable, irresistible event that excuses contractual performance; the debtor must prove it was external, unforeseeable, and made performance impossible, not merely difficult.

Acquisitive prescription

A mode of acquiring ownership by possession over time; under Lebanese law, good-faith possession with just title for 15 years, or 30 years without title, conveys ownership of immovables.

Solidary obligation

An obligation where each debtor is liable for the entire debt, and payment by one discharges all; the paying debtor has recourse against co-debtors for their shares.

Mens rea

The guilty mind or criminal intent required for most offenses; negligence may suffice for misdemeanors and contraventions where the law expressly provides.

Garde à vue

Police custody in criminal procedure; limited to 24 hours, renewable once with written authorization from the public prosecutor, after which a judicial warrant is required.

Prescription of criminal action

The time limit after which criminal prosecution is barred: 10 years for felonies, 3 years for misdemeanors, and 1 year for contraventions, subject to suspension and interruption.

Attempt

Punishable when execution has begun and is interrupted by external circumstances; mere preparatory acts are not punishable under Lebanese Penal Code Article 201.

Res judicata

A final judgment on the merits bars re-litigation of the same claim between the same parties; requires identity of parties, subject matter, and cause.

Référé

Summary procedure before the president of the court in urgent matters to order interim measures, prevent imminent harm, or preserve evidence, without prejudging the merits.

Written evidence rule

Contracts exceeding a certain value (e.g., 1,000,000 LBP) must be proven in writing; exceptions include written commencement of proof or impossibility of written proof.

Default judgment opposition

A default judgment may be challenged by opposition within 10 days of notification if the defendant was absent and not properly summoned, allowing re-hearing.

Société anonyme

A joint-stock company with minimum capital (e.g., 30,000,000 LBP) and at least three shareholders; shares are freely transferable unless restricted by bylaws.

SARL

A limited liability company with 2 to 50 partners and minimum capital (e.g., 5,000,000 LBP); partners are liable only up to their contributions, and managers owe statutory duties.

Faillite

Insolvency proceedings for a trader who ceases payments; the court appoints a trustee to liquidate assets and distribute proceeds to creditors according to rank.

Cheque without funds

Issuing a cheque without sufficient funds is a criminal offense under the Lebanese Commercial Code; the drawee bank must certify the lack of funds.

Probation period

A trial period in employment not exceeding three months; during probation either party may terminate without notice or indemnity.

Overtime pay

Compensation for hours worked beyond the normal 48-hour week; paid at 1.5 times the normal hourly rate under the Lebanese Labor Code.

Arbitrary dismissal

Termination of an indefinite employment contract without valid reason; entitles the employee to indemnity of at least one month's salary per year of service.

NSSF

National Social Security Fund; covers sickness, maternity, family allowances, and end-of-service indemnity; employers must register employees and pay contributions.

Constitutional Council

Reviews the constitutionality of laws before promulgation and may annul them; also rules on electoral disputes and conflicts between constitutional authorities.

Excess of power

A ground for judicial review of administrative acts by the State Council; occurs when an administrative authority acts beyond its legal authority or for improper purposes.

Administrative contract

A contract governed by public law; the administration may modify or terminate unilaterally, subject to compensation, and disputes fall under administrative court jurisdiction.

Confessional system

Lebanon's political system distributing public offices among recognized religious communities; embedded in the Constitution and affecting personal status and governance.

Mahr

Dowry in Islamic marriage; a mandatory element that may be prompt or deferred and is the wife's property, providing financial security.

Hadana

Custody of children in personal status law; generally granted to the mother for young children, then may transfer to the father, guided by the child's best interests.

Forced heir

A heir entitled to a fixed share of the estate (reservataire) under religious inheritance law; wills may dispose of only one-third without heirs' consent.

Civil marriage

Not recognized for Lebanese citizens on Lebanese territory; personal status matters are governed by religious courts of each recognized community.

Land Registry

Official register of real property rights; registration is required for transfers to be enforceable against third parties, ensuring legal certainty in property transactions.

Droit de préemption

Tenant's preemptive right to purchase leased property before the landlord sells to a third party; applies in certain areas and requires proper notification.

Old lease rent control

Residential leases for buildings constructed before 1992 are subject to rent control laws; rent increases are limited to a percentage set by law.

Security deposit

Customary payment by tenant (usually one to three months' rent) to secure performance; must be returned upon termination, minus damages.

Secret professionnel

Lawyer's duty of confidentiality covering all client information; breach is a criminal offense and disciplinary violation, essential to trust in the legal profession.

Conflict of interest

A lawyer may not represent opposing parties in the same matter or act against a former client in a related matter; must withdraw or obtain informed consent.

Contingency fee

A fee arrangement where payment depends on the outcome; permitted in Lebanon but must be fair and agreed in writing, and may not be excessive.

Disciplinary sanctions

Penalties imposed by the Bar's disciplinary council for ethical violations, including warning, reprimand, suspension, and disbarment, following due process.

IRAC method

Legal writing structure: Issue, Rule, Application, Conclusion; organizes analysis clearly and ensures all elements of legal reasoning are addressed.

BATNA

Best Alternative to a Negotiated Agreement; the fallback option if negotiations fail, used to assess whether a settlement is favorable.

Oral argument etiquette

Address the court with proper titles, stand when speaking, never interrupt opposing counsel, and focus on key legal issues; objections must be timely and specific.

Legal memorandum structure

Includes facts, issues, applicable law, analysis, and conclusion; uses IRAC and cites primary sources precisely, avoiding emotional language.