Mongolian Bar Exam cheat sheet
Mongolian Bar Exam · Keep the key ideas within reach.
Constitutional Law
Article 19 of the Constitution lists fundamental rights and freedoms (speech, press, assembly, association, religion, movement, privacy); restrictions are permitted only by law and only for narrowly defined purposes such as national security, public order, or protecting the rights of others.
The Constitutional Tsets (Constitutional Court) reviews laws and other normative acts for conformity with the Constitution; it may issue conclusions and, under the 2019 amendments, can decide certain constitutional disputes itself, while final resolution of some matters rests with the State Great Khural.
Members of the State Great Khural serve 4-year terms; 126 seats under the 2023 constitutional amendment, elected by a mixed system combining majoritarian constituency seats with proportional representation.
The President is elected directly for a 6-year term, may serve only once, and must have resided in Mongolia for at least 5 years; the President may veto legislation, but a two-thirds majority of the Khural can override.
The Prime Minister is appointed by the President on the nomination of the majority party or coalition in the Khural; the government is accountable to the Khural, which can pass a vote of no confidence.
Sovereignty resides with the people; the Constitution is the supreme law and directly applicable, and international treaties ratified by Mongolia take precedence over conflicting domestic statutes.
Citizens have the right to petition state bodies and officials, and the Law on Petitions governs the procedure; state bodies must respond within the statutory period.
Amendments to the Constitution require a two-thirds majority of all Khural members and, for certain entrenched provisions, additional safeguards; the Constitutional Tsets reviews proposed amendments for procedural compliance.
Civil Law and Civil Procedure
Legal capacity (irright) arises at birth and ends at death; full dispositive capacity (delictual capacity) generally arises at age 18, with limited capacity for minors aged 14-18 who may make small transactions independently.
General limitation period is 3 years from the moment the person knew or should have known of the violation of the right; special periods apply (e.g., shorter periods for certain claims, longer for judgments).
A transaction is void if it violates the law, is made with a purpose contrary to public order, is a sham, or is made by a person lacking capacity; voidable transactions include those made under duress, fraud, or mistake.
Ownership includes rights of possession, use, and disposal; the owner may reclaim property (vindication) unless the possessor acquired it in good faith and gratuitously or by purchase from an unauthorized person under statutory conditions.
Contract formation requires offer and acceptance; a contract is binding once accepted, and damages for breach include actual loss and lost profits (expectation interest).
Civil procedure is governed by the Civil Procedure Code; claims are filed with the first-instance court (soum, district, or aimag court) based on the defendant's residence or the location of property.
Statute of limitations is suspended by filing a claim; the court may restore a missed limitation period on application showing valid reasons.
Appeals against first-instance decisions go to the appellate court within the statutory period (generally 14 days for decisions, longer for certain matters); cassation review by the Supreme Court is limited to questions of law.
Evidence is assessed by the court's inner conviction; the burden of proof lies on the party asserting a fact, and written evidence and expert opinions are formal means of proof.
Criminal Law and Criminal Procedure
Criminal liability requires the actus reus (act or omission defined by the Criminal Code), guilt (intent or negligence), and capacity; the minimum age of criminal responsibility is 16, with 14 for specified grave crimes listed in the Code.
Penalties include fines, community service, imprisonment, and other measures; the death penalty was abolished by law in 2012 and replaced by life imprisonment for the gravest crimes.
Necessary defense and extreme necessity are circumstances excluding criminality; exceeding their limits may still attract liability but mitigates punishment.
Attempted crime and preparation are punishable; voluntary abandonment of the crime before completion excludes liability for the completed offense.
Criminal procedure is governed by the Criminal Procedure Code; the prosecutor supervises the investigation, and the court authorizes coercive measures such as detention and search.
A suspect must be informed of the right to remain silent and to have a lawyer; statements obtained through torture or duress are inadmissible as evidence.
Preventive detention (remand) requires a court decision and is subject to statutory time limits; the prosecutor must justify continued detention periodically.
The presumption of innocence applies; the burden of proof is on the prosecution, and doubts are interpreted in favor of the accused.
Court decisions may be appealed; cassation and supervisory review are available on limited grounds, and the Supreme Court ensures uniform application of criminal law.
Administrative Law and Administrative Procedure
Administrative acts are decisions issued by state administrative bodies exercising public authority; an act must be lawful, issued by a competent body, in the prescribed form, and for a lawful purpose.
The Law on Administrative Procedure sets standards for administrative decision-making, including the right to be heard, access to the file, reasoned decisions, and notification.
A person whose rights are affected may complain to a higher administrative body or file an administrative claim with the administrative court; the general time limit for filing is 30 days from notification unless otherwise provided.
Administrative courts review the legality of administrative acts and may annul them; they may also award compensation for unlawful administrative acts under the Law on Compensation for Damage Caused by Unlawful Acts of State Bodies.
Administrative enforcement measures (fines, suspension, revocation of licenses) must be based on law and subject to proportionality; coercive enforcement requires a prior warning and a decision.
State officials are liable for unlawful administrative acts; damages are paid from the state budget, with possible recourse against the official in cases of intentional or grossly negligent conduct.
The Law on Administrative Procedure requires administrative bodies to decide within statutory deadlines; if no deadline is set, a decision must be made within a reasonable time, generally 30 days.
Public participation and transparency requirements apply to rulemaking; draft normative acts are subject to public consultation and registration with the state registry.
Commercial, Corporate and Contract Law
Business entities include limited liability companies (LLC), joint-stock companies, partnerships, and cooperatives; an LLC's charter capital is divided into shares, and members' liability is limited to their contributions.
A joint-stock company issues shares; it may be open (public offering) or closed; the minimum charter capital thresholds are set by the Law on Companies and depend on the form.
Company governance: the general meeting of shareholders is the supreme body; a board of directors may be established; the executive director manages day-to-day operations and must act in the company's best interests (fiduciary duty).
Commercial contracts are governed by the Civil Code and the Law on Contracts; freedom of contract applies, but mandatory rules and public policy limits override party autonomy.
A contract may be invalidated for fraud, duress, mistake, or violation of law; damages for breach cover actual loss and lost profit, subject to foreseeability and mitigation.
Secured transactions under the Law on Secured Transactions: a security interest is perfected by registration in the state registry, and priority is determined by the time of registration.
Bankruptcy (insolvency) proceedings are governed by the Law on Bankruptcy; a debtor may be declared insolvent by court decision, triggering liquidation or rehabilitation procedures.
Competition law prohibits anti-competitive agreements, abuse of dominance, and unfair competition; the Fair Competition and Consumer Protection Agency enforces these rules.
Labour and Social Security Law
An employment contract must be in writing and include essential terms (position, wage, working hours, workplace); a probationary period may not exceed 3 months for most employees.
Normal working time is 40 hours per week and 8 hours per day; overtime requires the employee's consent and is paid at not less than 1.5 times the normal rate (higher rates for holidays).
Annual paid leave is at least 15 working days for regular employees, with additional leave for certain categories (e.g., hazardous work, long service, disabled employees).
Termination of employment requires statutory grounds and procedure; severance pay is generally one month's average wage, with higher amounts for long service or redundancy.
Maternity leave is 120 days (70 before and 50 after birth, with flexibility); parental leave and childcare allowances are provided under social insurance legislation.
Social insurance covers pensions, unemployment, health, work injury, and maternity benefits; contributions are shared between employer and employee at statutory rates.
Collective agreements and labour disputes: individual disputes go to the labour dispute commission or court; collective disputes may involve conciliation and arbitration.
The Labour Code prohibits discrimination and forced labour and guarantees equal pay for equal work; violations may result in administrative and criminal liability.
Family and Inheritance Law
Marriage requires mutual consent, minimum age of 18, and registration with the civil registry office; a marriage may be declared invalid for lack of consent, bigamy, or prohibited kinship.
Spouses have equal rights and duties; property acquired during marriage is joint property unless a marriage contract (prenuptial agreement) provides otherwise.
Divorce may be effected by mutual consent at the civil registry office or by court; the court resolves custody, division of property, and child support.
Parents have equal rights and duties toward children; custody decisions prioritize the child's best interests, and children aged 10 and older have the right to be heard.
Child support (alimony) is set by agreement or by court as a share of earnings (typically 1/4 for one child, 1/3 for two, 1/2 for three or more) or as a fixed sum.
Inheritance occurs by will or by intestate succession; the statutory heirs are ranked (children, spouse, and parents first), and a compulsory share is reserved for certain heirs (e.g., minors, disabled dependants).
A will must be in writing and notarized; it may be revoked or amended, and the testator's freedom is limited by the compulsory share rule.
Inheritance is accepted within 6 months from the opening of the estate; acceptance may be by conduct or by application to a notary, and liability for the deceased's debts is limited to the value of the estate.
Land, Environmental and Natural Resources Law
Land in Mongolia is state-owned; citizens and legal entities may hold land under ownership (for residential and certain purposes), possession, or use rights granted by the state.
Land use rights are granted by decision of the relevant state body (aimag or capital city governor) and are subject to registration in the state land registry; the term is typically 15-60 years depending on purpose.
The Land Law classifies land into categories (agricultural, urban, forest, water, reserve, etc.) and regulates transfer, lease, and conversion between categories.
Environmental protection is governed by the Law on Environmental Protection; environmental impact assessment (EIA) is required for certain projects, and violations may result in suspension, fines, or criminal liability.
Natural resources (minerals, water, forests, wildlife) are regulated by specific laws; mineral licenses are issued by the state authority and require environmental plans and rehabilitation obligations.
The polluter-pays principle applies; environmental damages may be recovered through administrative or civil proceedings, and environmental fees are charged for pollution and resource use.
Specially protected areas are established by law, and activities within them are restricted; the state may expropriate land for public needs with compensation.
Water use is regulated by the Law on Water; water use permits are required for significant withdrawals, and water protection zones restrict certain activities.
Legal Ethics and Professional Responsibility of Advocates
The Law on Advocacy defines the advocate's role: to provide legal assistance, represent clients in court, and protect rights and freedoms; advocates must be licensed by the bar association.
Advocates must maintain confidentiality of client information; disclosure is permitted only with the client's consent or as required by law.
Advocates must act independently, avoid conflicts of interest, and may not represent opposing parties in the same or related matters.
Advocates must not accept a case if they have a personal interest or have previously advised the opposing party; conflicts must be disclosed and resolved.
Advocates must act in the client's best interests within the law; they may not mislead the court, present false evidence, or engage in improper communication with the opposing party.
Fees must be reasonable and agreed in writing; contingency fees are restricted, and advocates may not share fees with non-lawyers.
Advocates are subject to disciplinary proceedings by the bar association for ethical violations; sanctions range from warning to disbarment.
Advocates have a duty to provide pro bono assistance in cases provided by law and to maintain professional competence through continuing legal education.
Legal Writing, Drafting and Advocacy Practice
Legal documents should follow a standard structure: heading (court, parties, case number), statement of facts, legal grounds, claims/petitions, and signature with date.
A statement of claim must identify the parties, the subject matter, the legal basis, the facts, the evidence, and the specific relief sought; failure to comply may result in return or rejection.
Citations should identify the source precisely (law name, article, paragraph, and date of adoption); Mongolian practice favors direct citation of statutory provisions.
Legal writing should be clear, concise, and free of ambiguity; use defined terms consistently and avoid unnecessary legalese.
Advocacy practice: preparation includes case analysis, evidence gathering, witness preparation, and drafting of pleadings; oral argument should be structured (facts, law, application, conclusion).
Objections must be timely and specific; appellate briefs should focus on errors of law or procedure and cite the record.
Drafting contracts: identify parties, subject matter, rights and obligations, price, term, termination, dispute resolution, and governing law; ambiguity is construed against the drafter in some contexts.
Client communication: advocates should explain the legal position, risks, and alternatives, and obtain informed consent for settlements; written retainer agreements are recommended.
Criminal Procedure (additional practice)
Investigation bodies must initiate a criminal case within statutory deadlines after receiving a complaint; the prosecutor supervises legality and may order additional investigation.
The accused has the right to counsel from the moment of detention; if unable to afford counsel, the state provides one in cases provided by law.
Search and seizure require a court warrant except in urgent circumstances defined by law; the results must be recorded in a protocol with witnesses.
The court examines evidence directly; the prosecution and defense have equal rights to present evidence and cross-examine witnesses.
Plea agreements and simplified procedures may apply in certain cases; the court must verify voluntariness and the factual basis.
Sentencing considers the gravity of the crime, the offender's character, mitigating and aggravating circumstances, and the purposes of punishment (rehabilitation, deterrence, restoration).
Victims have the right to compensation and participation; civil claims may be brought within criminal proceedings.
Juvenile justice: special procedures apply to minors, including mandatory participation of a pedagogue or psychologist and priority on education and rehabilitation.
Civil Procedure (additional practice)
Jurisdiction: the court at the defendant's place of residence has general jurisdiction; exclusive jurisdiction applies to claims over immovable property (court at the property's location).
The court may return a claim if the plaintiff fails to comply with formal requirements; it may reject a claim if the matter is not justiciable or already adjudicated.
Interim measures (attachment, injunction) may be granted on application to secure enforcement of a future judgment; the applicant may be required to provide security.
The court may order expert examination; parties may propose questions to the expert, and the expert's opinion is assessed along with other evidence.
Judgments become final after the appeal period expires; enforcement is carried out by court bailiffs under the Law on Enforcement.
Default judgments may be issued if the defendant fails to appear without valid reason after proper notice.
Court costs include state fees and litigation expenses; the losing party generally bears them, and the court may apportion costs.
Representation in civil proceedings may be by advocates or other persons authorized by power of attorney; certain matters require personal participation.
Administrative Procedure (additional practice)
Administrative courts are separate from civil courts; they hear disputes between citizens/entities and administrative bodies arising from administrative acts or omissions.
Standing requires a personal, direct, and legally protected interest affected by the administrative act; public interest litigation is limited.
The court may suspend the execution of an administrative act pending review if the applicant shows irreparable harm and the public interest does not require immediate execution.
Administrative acts must be reasoned; failure to state reasons is a ground for annulment.
The administration has a duty to assist and provide information; refusal must be in writing with reasons and appeal instructions.
Administrative silence (failure to decide) may be challenged as a deemed refusal after the statutory deadline.
The court may order the administrative body to take a specific action or to reconsider the matter; it may also award damages.
Administrative procedure requires proportionality: measures must be suitable, necessary, and proportionate to the aim pursued.
Commercial and Corporate Law (additional practice)
Company registration is effected with the state registration authority; legal personality arises upon registration, and changes must be registered to be effective against third parties.
Shareholders' rights include participation in the general meeting, dividends, information, and a share of assets on liquidation; minority protection rules apply to related-party transactions.
Directors owe duties of care and loyalty; they may be liable for damages caused by breach, and transactions with interested parties require approval.
Mergers, acquisitions, and reorganizations require shareholder approval and, in certain cases, notification to the competition authority.
Securities issuance and public offerings are regulated by the Financial Regulatory Commission; disclosure requirements apply to listed companies.
Contract interpretation: the court ascertains the parties' common intention, considering the contract text, negotiations, and commercial practice.
Force majeure excuses performance if the event is unforeseeable, unavoidable, and beyond the party's control; the affected party must notify promptly.
Arbitration clauses are enforceable; Mongolia is a party to the New York Convention, and foreign arbitral awards are recognized under statutory conditions.
Labour Law (additional practice)
An employer must conclude a written employment contract within 5 working days of the employee's start; failure may result in administrative liability.
Working time records must be maintained; overtime is limited by law (generally not more than 2 hours per day and 10 hours per week) except in specified cases.
Termination by the employer requires statutory grounds (e.g., redundancy, misconduct, incapacity) and notice; dismissal of pregnant women and certain protected categories is restricted.
Wages must be paid at least twice a month; deductions are limited by law, and delayed payment attracts compensation.
Occupational safety and health obligations include risk assessment, training, and provision of protective equipment; accidents must be reported and investigated.
Labour inspection enforces labour legislation; inspectors may issue orders and impose fines for violations.
Social insurance contributions are mandatory; failure to pay may result in liability and loss of benefits for employees.
Collective bargaining is regulated; collective agreements must be registered and are binding on the parties.
Family and Inheritance (additional practice)
A marriage contract may regulate property relations but cannot limit personal rights or the rights of children; it must be notarized.
Paternity may be established voluntarily or by court; DNA evidence is admissible, and the child's interests prevail.
Adoption requires consent of the child (if aged 10 or older), the parents, and a court decision; the adopters must meet statutory requirements.
Guardianship and trusteeship protect the rights of minors and incapacitated persons; guardians are appointed by the state administrative body.
Inheritance by will: the testator may leave property to any person, but the compulsory share (e.g., for minor children) cannot be reduced.
Heirs who accept inheritance are liable for the deceased's debts up to the value of the inherited property; refusal must be made within the statutory period.
Inheritance disputes are heard by civil courts; notaries issue inheritance certificates.
Domestic violence is addressed by the Law on Combating Domestic Violence; protection orders may be issued by the court or police.
Land and Environmental Law (additional practice)
Land ownership by citizens is limited to residential and certain purposes; foreigners may not own land but may lease it under statutory conditions.
Land use rights may be transferred, mortgaged, or leased subject to registration and the conditions of the original grant.
The state may expropriate land for public needs with compensation based on market value; the procedure requires a decision and notice.
Environmental impact assessment must be conducted before certain projects; the assessment is subject to public consultation and state review.
Mining licenses require environmental management plans and rehabilitation deposits; abandonment without rehabilitation attracts liability.
Water protection zones and forest reserve areas restrict construction, logging, and pollution activities.
Environmental fines are imposed by environmental inspectors; serious violations may lead to criminal liability and suspension of operations.
Protected areas are managed by the state; activities are regulated by the Law on Special Protected Areas.
Legal Ethics (additional practice)
Advocates must not advertise in a misleading manner; advertising rules are set by the bar association.
Client funds must be kept separately from the advocate's own funds; commingling is prohibited.
Advocates must withdraw from representation if a conflict of interest arises that cannot be resolved with informed consent.
Confidentiality survives termination of the engagement and continues after the client's death.
Advocates may not communicate with a represented opposing party without the consent of that party's advocate.
Fees must be disclosed in advance and confirmed in writing; contingent fees are restricted in criminal cases.
Advocates have a duty to the court: candor, respect, and avoidance of frivolous arguments.
Disciplinary proceedings must respect due process; sanctions include warning, suspension, and disbarment.
Legal Writing and Advocacy (additional practice)
Pleadings should state facts chronologically and separately from legal argument; each legal conclusion should be supported by a cited provision.
Use headings and numbered paragraphs for readability; define abbreviations at first use and use them consistently.
Evidence should be listed with a description of its relevance and source; attach copies where required.
Legal memoranda should follow IRAC (Issue, Rule, Application, Conclusion) or a similar structured method.
Oral advocacy: open with a clear statement of the relief sought, address the strongest counterarguments, and conclude with a specific request.
Appellate briefs should identify the standard of review and the specific errors below.
Contract drafting should include clear definitions, allocation of risk, and a dispute resolution clause specifying forum and governing law.
Client letters should explain the legal position in plain language and state the next steps and deadlines.
Criminal Law (additional practice)
Complicity: co-perpetrators, organizers, instigators, and accessories are liable according to their role; the degree of participation affects sentencing.
Mens rea: direct intent, indirect intent, and negligence; negligence is punishable only where the law specifically provides.
Statute of limitations for criminal liability depends on the maximum penalty; it is interrupted by the commission of a new crime.
Aggravating circumstances include commission by a group, with particular cruelty, or against a vulnerable person; mitigating circumstances include confession and reparation.
Economic crimes (fraud, embezzlement, tax evasion) carry fines and imprisonment; liability may extend to legal entities under administrative or criminal provisions.
Corruption offenses are governed by the Criminal Code and the Law on Combating Corruption; asset declarations are required for public officials.
Juvenile offenders may be subject to educational measures instead of punishment; detention is a last resort.
International cooperation: extradition and mutual legal assistance are governed by treaties and the Criminal Procedure Code.
Civil Law (additional practice)
Obligations arise from contracts, torts, unjust enrichment, and other grounds provided by law.
Tort liability requires wrongful conduct, damage, causation, and fault; strict liability applies in cases provided by law (e.g., hazardous activities).
Unjust enrichment: a person who acquires property without legal basis must return it; the claim is excluded if the enrichment is no longer present in good faith.
Agency: a representative acts within the authority granted by power of attorney or law; acts beyond authority do not bind the principal unless ratified.
Property rights: ownership, possession, servitude, mortgage, and pledge; rights in rem must be registered where required.
Contract modification and termination require agreement or statutory grounds; material breach permits termination with damages.
Limitation periods apply to claims; the court may extend or restore them in limited circumstances.
Personal non-property rights (dignity, honor, privacy) are protected by civil law; compensation for moral harm is available.
Constitutional Law (additional practice)
The Constitutional Tsets consists of 9 members appointed for 6-year terms; it reviews the constitutionality of laws, presidential decrees, and ratified treaties.
Fundamental rights may be restricted only by law and only to the extent necessary; the principle of proportionality applies.
The State Great Khural may declare a state of emergency on the President's proposal; rights may be temporarily restricted under constitutional safeguards.
Citizens have the right to elect and be elected; the electoral system is regulated by the Law on Elections.
The President is the head of state and commander-in-chief; the President may be removed for treason or serious violation of the Constitution by the Khural.
Judicial independence is guaranteed; judges are appointed and may be removed only on statutory grounds.
Local self-governance is exercised through aimag, capital city, soum, and district assemblies (khurals) and governors.
The Constitution guarantees the right to a fair trial, presumption of innocence, and access to legal assistance.
Administrative Law (additional practice)
Administrative acts may be general (normative) or individual; general acts are subject to registration and publication.
The administration must observe the principle of legality: acts must be based on law and must not exceed statutory authority.
The right to be heard requires notice of the proposed decision and an opportunity to respond before the decision is made.
Administrative contracts are permitted in certain areas; disputes are heard by administrative courts.
Public officials must disclose conflicts of interest and may be subject to disciplinary liability.
State inspection bodies exercise control within their competence; inspections must be documented and subject to appeal.
The Law on Administrative Procedure requires reasons for decisions and instructions on appeal.
Administrative courts may award compensation for unlawful acts, including moral harm in cases provided by law.
Commercial Law (additional practice)
Agency and distribution agreements are governed by the Civil Code; termination requires notice and compensation for goodwill in certain cases.
Sale of goods: the seller must deliver goods conforming to the contract; the buyer must inspect and notify defects within the statutory period.
Leasing and secured financing are regulated; registration of security interests determines priority.
Insolvency: creditors' claims are ranked; secured creditors have priority over unsecured creditors within statutory limits.
Competition law prohibits cartels, abuse of dominance, and unfair competition; merger control thresholds are set by law.
Consumer protection law requires accurate information, quality, and remedies for defective goods and services.
E-commerce transactions are subject to the Law on Electronic Commerce; electronic signatures are recognized.
Arbitration and mediation are available for commercial disputes; arbitration awards are enforceable under the Law on Arbitration.
Labour and Social Security (additional practice)
Employment contracts may be fixed-term or indefinite; fixed-term contracts are permitted only for objective reasons.
The employer must provide written notice of termination and pay statutory severance; the employee may challenge dismissal in court.
Working conditions for women and minors are specially protected; night work and heavy labour are restricted.
Social insurance pensions are calculated based on contributions and length of service; the pension age is being gradually raised.
Unemployment benefits are available to insured persons who lose employment through no fault of their own and register with the labour office.
Work injury benefits cover medical costs and loss of earnings; the employer must report accidents.
Labour disputes may be resolved by the labour dispute commission, mediation, or court.
The Labour Code requires equal treatment and prohibits harassment and discrimination.
Family and Inheritance (additional practice)
Marriage may be dissolved by mutual consent if there are no minor children; otherwise, court proceedings are required.
Property division considers the interests of minor children and the contributions of each spouse.
Child support may be modified if circumstances change; enforcement is carried out by bailiffs.
Inheritance by intestate succession: the first rank includes children, spouse, and parents; the second rank includes siblings and grandparents.
A will may be challenged for incapacity, fraud, or duress; the court may invalidate it.
Inheritance certificates are issued by notaries; disputes over inheritance are heard by civil courts.
Adoption terminates the legal relationship with the biological parents, except where the law provides otherwise.
Guardianship is supervised by the state administrative body; guardians must act in the ward's best interests.
Land and Environmental (additional practice)
Land use rights are granted for a term depending on purpose; renewal is possible under statutory conditions.
Land registration is conclusive evidence of title; unregistered transfers are not effective against third parties.
Environmental permits (emission, waste) are required for certain activities; violations attract fines and suspension.
Environmental liability may be civil, administrative, or criminal; the polluter pays principle applies.
Forest and water resources are protected by specific laws; logging and water use require permits.
Protected areas restrict economic activity; buffer zones are established around protected areas.
Environmental impact assessment must be conducted for projects listed by law; public participation is required.
State environmental inspectors may order remediation and impose fines; appeals go to administrative courts.
Legal Ethics (additional practice)
Advocates must maintain independence and avoid conflicts of interest; conflicts must be disclosed and managed.
Confidentiality covers all information obtained in the course of representation, including after termination.
Advocates may not mislead the court or present false evidence; candor is a core duty.
Fees must be reasonable, agreed in writing, and not contingent on the outcome in criminal cases.
Client funds must be kept in a separate account; commingling is prohibited.
Advocates must withdraw if a conflict arises that cannot be resolved with informed consent.
Advertising must be truthful and not misleading; the bar association regulates advertising.
Disciplinary proceedings must respect due process; sanctions include warning, suspension, and disbarment.
Legal Writing and Advocacy (additional practice)
Pleadings should state facts and legal grounds separately; each claim should be supported by evidence and statutory citations.
Use clear headings, numbered paragraphs, and consistent defined terms.
Legal memoranda should follow a structured method (IRAC) and address counterarguments.
Oral advocacy should open with the relief sought, address the strongest counterarguments, and conclude with a specific request.
Appellate briefs should identify the standard of review and the specific errors below.
Contract drafting should include clear definitions, risk allocation, and a dispute resolution clause.
Client letters should explain the legal position in plain language and state next steps and deadlines.
Citations should identify the law, article, paragraph, and date; accuracy is essential.
Criminal Procedure (additional practice)
The prosecutor supervises the investigation and may order additional investigation; the court authorizes coercive measures.
The accused has the right to counsel from the moment of detention; state counsel is provided if the accused cannot afford one.
Search and seizure require a court warrant except in urgent circumstances; results must be recorded in a protocol.
The court examines evidence directly; the parties have equal rights to present evidence and cross-examine witnesses.
Plea agreements and simplified procedures require the court to verify voluntariness and the factual basis.
Sentencing considers the gravity of the crime, the offender's character, and mitigating and aggravating circumstances.
Victims have the right to compensation and participation; civil claims may be brought within criminal proceedings.
Juvenile justice requires special procedures and priority on education and rehabilitation.
Civil Procedure (additional practice)
Jurisdiction: the court at the defendant's residence has general jurisdiction; exclusive jurisdiction applies to claims over immovable property.
The court may return a claim for formal defects or reject it if the matter is not justiciable or already adjudicated.
Interim measures (attachment, injunction) may be granted on application to secure enforcement of a future judgment.
The court may order expert examination; the expert's opinion is assessed along with other evidence.
Judgments become final after the appeal period expires; enforcement is carried out by court bailiffs.
Default judgments may be issued if the defendant fails to appear without valid reason after proper notice.
Court costs include state fees and litigation expenses; the losing party generally bears them.
Representation may be by advocates or other persons authorized by power of attorney; certain matters require personal participation.
Administrative Procedure (additional practice)
Administrative courts hear disputes between citizens/entities and administrative bodies arising from administrative acts or omissions.
Standing requires a personal, direct, and legally protected interest affected by the administrative act.
The court may suspend the execution of an administrative act pending review if the applicant shows irreparable harm.
Administrative acts must be reasoned; failure to state reasons is a ground for annulment.
The administration has a duty to assist and provide information; refusal must be in writing with reasons.
Administrative silence may be challenged as a deemed refusal after the statutory deadline.
The court may order the administrative body to take a specific action or to reconsider the matter.
Administrative procedure requires proportionality: measures must be suitable, necessary, and proportionate.