Mongolian Bar Exam flashcards

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

Constitutional Tsets jurisdiction

The Constitutional Tsets reviews laws, presidential decrees, and ratified treaties for conformity with the Constitution; it issues conclusions and decides certain constitutional disputes under the 2019 amendments.

Presidential veto override

The President may veto legislation, but the State Great Khural can override the veto by a two-thirds majority of all members, after which the law is promulgated.

General limitation period

Under the Civil Code, the general limitation period is three years from when the person knew or should have known of the violation of the right, unless a special period applies.

Void versus voidable transaction

A transaction is void if it violates mandatory law, is a sham, or is made by a person lacking capacity; it is voidable if made under duress, fraud, or mistake.

Minimum age of criminal responsibility

Criminal responsibility generally begins at 16, but for specified grave crimes listed in the Criminal Code it begins at 14.

Necessary defense

Necessary defense is a circumstance excluding criminality when a person uses force to repel an unlawful attack, provided the force does not clearly exceed what is necessary.

Administrative act definition

An administrative act is a decision issued by a state administrative body exercising public authority that affects the rights or obligations of specific persons.

Administrative court standing

Standing requires a personal, direct, and legally protected interest affected by the administrative act; public interest litigation is limited by law.

LLC limited liability

In a limited liability company, charter capital is divided into shares, and members are liable only up to their contributions; the company is a separate legal person.

Security interest perfection

A security interest is perfected by registration in the state registry, and priority among competing security interests is determined by the time of registration.

Probationary period limit

Under the Labour Code, a probationary period in an employment contract may not exceed three months for most employees and must be agreed in writing.

Annual paid leave minimum

Regular employees are entitled to at least 15 working days of annual paid leave, with additional leave for hazardous work, long service, and certain protected categories.

Joint marital property

Property acquired by spouses during marriage is joint property unless a notarized marriage contract provides otherwise; spouses have equal rights to it.

Compulsory inheritance share

Certain heirs, such as minor children and disabled dependants, are entitled to a compulsory share of the estate that cannot be reduced by the testator's will.

Land ownership restriction

Land in Mongolia is state-owned; citizens may own land for residential and certain purposes, while foreigners may not own land but may lease it under statutory conditions.

Environmental impact assessment

An environmental impact assessment must be conducted before certain projects; it is subject to public consultation and state review, and violations may lead to suspension or fines.

Advocate confidentiality duty

Advocates must keep client information confidential; disclosure is permitted only with the client's consent or as required by law, and the duty survives termination.

Conflict of interest rule

An advocate may not represent opposing parties in the same or related matters and must disclose and resolve conflicts before accepting or continuing representation.

Statement of claim elements

A statement of claim must identify the parties, subject matter, legal basis, facts, evidence, and the specific relief sought; failure to comply may result in return.

IRAC method

IRAC is a structured legal writing method: Issue, Rule, Application, and Conclusion; it is used in memoranda and legal analysis.

Preventive detention warrant

Remand in custody requires a court decision and is subject to statutory time limits; the prosecutor must periodically justify continued detention.

Presumption of innocence

The accused is presumed innocent until proven guilty by a final court judgment; the burden of proof lies on the prosecution and doubts favor the accused.

Exclusive jurisdiction immovable property

Claims concerning immovable property fall under the exclusive jurisdiction of the court at the location of the property, regardless of the defendant's residence.

Interim measures

A court may grant interim measures such as attachment or injunction on application to secure enforcement of a future judgment, sometimes requiring security.

Administrative proportionality

Administrative measures must be suitable, necessary, and proportionate to the aim pursued; disproportionate measures may be annulled by administrative courts.

Administrative silence challenge

Failure of an administrative body to decide within the statutory deadline may be challenged as a deemed refusal, allowing the affected person to seek judicial review.

Force majeure excuse

Force majeure excuses performance if the event is unforeseeable, unavoidable, and beyond the party's control; the affected party must notify the other promptly.

Director duty of loyalty

Directors owe duties of care and loyalty to the company; transactions with interested parties require approval, and breach may lead to personal liability for damages.

Overtime limits

Overtime generally may not exceed two hours per day and ten hours per week, requires the employee's consent, and is paid at not less than 1.5 times the normal rate.

Severance pay

On lawful termination by the employer, severance pay is generally one month's average wage, with higher amounts for long service or redundancy under the Labour Code.

Marriage contract notarization

A marriage contract regulating spousal property relations must be notarized; it cannot limit personal rights or the rights of children.

Inheritance liability limit

Heirs who accept an inheritance are liable for the deceased's debts only up to the value of the inherited property; refusal must be made within the statutory period.