Libyan Bar Admission Exam flashcards

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

Offer and Acceptance

Two declarations expressing mutual assent to contract terms; acceptance must be unconditional and communicated to offeror within specified or reasonable time.

Tort Fault

Failure to exercise reasonable care; includes intentional harm and negligence. Fault must be proven by claimant unless strict liability applies.

Force Majeure

Unforeseeable, irresistible event beyond debtor's control that prevents performance; excuses liability and may terminate contract without damages.

Commercial Merchant

Person who engages in commercial acts as profession; must register in Commercial Register and keep commercial books.

Limited Liability Company

Company where partners' liability limited to their shares; minimum two partners; managed by one or more managers.

Commercial Sale Inspection

Buyer must inspect goods promptly and notify seller of defects within short period; otherwise goods deemed accepted.

Legality Principle

No crime or punishment without a prior legal text defining the act and penalty; prohibits analogy and retroactive application.

Flagrante Delicto

Offender caught at time of crime or shortly after with evidence; allows arrest without warrant by police.

Criminal Intent

Mental element requiring perpetrator to willfully commit act and foresee consequences; distinguishes intentional from negligent crimes.

Civil Jurisdiction

Court's power to hear case based on defendant's domicile or place of contract performance; determined at filing.

Default Judgment

Judgment rendered when defendant fails to appear after proper service; may be set aside on appeal or objection.

Res Judicata

Final judgment on merits binds parties and prevents re-litigation of same claim; enforceable through execution proceedings.

Marriage Contract

Agreement between man and woman meeting legal conditions: offer, acceptance, witnesses, and guardian for minor; registered officially.

Khul' Divorce

Wife's right to obtain divorce by returning dowry or paying compensation; requires husband's consent or court approval.

Inheritance Fard Shares

Fixed Quranic shares assigned to specific heirs (e.g., husband, wife, mother, daughter); residuaries take remainder after fard.

Wasiyya Will

Testamentary disposition limited to one-third of estate; excess requires consent of heirs; cannot favor heir without consent.

Constitutional Declaration

Interim constitutional document (2011, amended) establishing state institutions, rights, and sharia as source of legislation.

Judicial Independence

Judges subject only to law; appointed by Supreme Judicial Council; cannot be removed except disciplinary grounds.

Supreme Court Jurisdiction

Highest court hears cassation appeals, constitutional review of laws, and conflicts of jurisdiction between courts.

Administrative Decision

Unilateral act by public authority creating legal effects; must be lawful, reasoned, and within competence.

Annulment Time Limit

Challenge to administrative decision must be filed within 60 days from notification or knowledge; otherwise time-barred.

Public Service Continuity

Principle that public services must operate without interruption; strikes may be restricted to ensure essential services.

Lawyer Confidentiality

Duty to keep client information secret; survives termination; exception for preventing future crime.

Conflict of Interest

Prohibition on representing opposing parties in same or related matter; requires withdrawal and client consent.

Contingent Fee

Fee based on percentage of recovery; allowed in civil cases but prohibited in criminal matters.

Probation Period

Initial employment trial period max 3 months; either party may terminate without notice or compensation.

Overtime Pay

Compensation for hours beyond 48 per week at 1.5 times normal wage; exceptions for managerial positions.

End-of-Service Gratuity

Lump sum paid on termination: one month's wage per year of service; calculated on last wage.

Arbitrary Dismissal

Termination without valid reason; employer must pay compensation up to three months' wages plus gratuity.

Social Security Contributions

Mandatory payments by employer and employee covering old age, disability, death, and work injury; administered by Social Security Fund.

Solidary Liability

Each debtor liable for entire debt; creditor may claim from any; debtor paying full may seek contribution from others.

Commercial Register

Official record of merchants and companies; registration affects enforceability of commercial claims and provides public notice.