CVLE Attorney Vocational Examination cheat sheet

Obligations arise from contract, unilateral juristic act, unjust enrichment, negotiorum gestio, and delict; each has its own limitation period and burden of proof.

Standard limitation for contractual and delictual claims is generally three years from knowledge of damage and debtor; a long-stop period (commonly ten years) applies from the triggering event.

Formation requires offer and acceptance with definite essential terms (parties, subject matter, price where applicable); silence is not acceptance unless prior conduct or law establishes it.

A party may rescind for fraud, duress, or material mistake; rescission restores parties to their pre-contract positions and bars claims for performance on the avoided contract.

Damages measure is expectation interest (performance interest), limited by foreseeability at contracting, causation, and the duty to mitigate; reliance and restitution interests are fallback measures.

Burden of proof: the claimant proves the elements of the claim; the defendant proves affirmative defenses (payment, release, set-off, limitation, force majeure).

Jurisdiction default is the defendant's domicile; exclusive jurisdiction applies to immovable property (situs) and to certain status matters.

Default judgment requires valid service; a defendant who fails to appear may seek relief from default within the statutory window on showing excusable neglect and a meritorious defense.

Legality principle (nullum crimen sine lege): no crime or punishment without a pre-existing, clear statutory basis; ambiguous provisions are construed in favor of the accused.

Mens rea tiers: intention (knowledge and volition), recklessness, negligence; negligence is punishable only where the statute expressly provides.

Attempt requires a commencement of execution directly connected to the offense; mere preparation is not punishable unless separately criminalized.

Justification defenses (self-defense, necessity, consent, lawful arrest) negate wrongfulness; excuse defenses (insanity, duress, mistake) negate culpability.

Self-defense requires a present unlawful attack, necessity of the defensive act, and proportionality; excessive defense may reduce but not eliminate liability.

Inchoate and participation rules: principals, instigators, and accessories are distinguished by contribution; an accessory's liability cannot exceed the principal's culpability.

Presumption of innocence and the privilege against self-incrimination; confession obtained by coercion is inadmissible and triggers exclusion of derivative evidence.

Arrest generally requires a warrant except for flagrant offenses or statutory exigency; detention is subject to prompt judicial review and statutory time limits.

Principle of legality: administrative acts must have statutory authorization, pursue a lawful public purpose, and respect proportionality and due process.

Administrative act validity elements: competent authority, lawful procedure (notice, hearing, reasons), lawful content, and proper form; defect in any element supports annulment.

Discretion is reviewed for abuse (irrelevant considerations, bad faith, manifest unreasonableness, error of fact), not for substitution of the agency's policy choice.

Standing in administrative litigation generally requires a legal interest affected by the act; time limit to sue typically runs from knowledge of the act, with a long-stop from the act's date.

Available judgments include revocation (annulment), order to perform a statutory duty, confirmation of illegality, and compensation; administrative litigation does not ordinarily award punitive damages.

Administrative reconsideration is a precondition to suit only where the statute so provides; otherwise the claimant may elect reconsideration or direct litigation within the deadline.

Administrative penalty requires statutory basis, proportionality, and procedural safeguards; ex officio correction or warning may be imposed without the full penalty procedure.

State compensation requires an unlawful act, damage, causation, and a covered interest; the limitation period is generally two years from knowledge of the harm.

Separate legal personality: a company has capacity, owns assets, and bears liability; shareholders' liability is limited to subscribed capital unless veil-piercing applies.

Piercing the veil requires abuse of personality-commingling, undercapitalization, or use to evade obligations-proved by the claimant; it is exceptional, not routine.

Directors owe duties of care and loyalty; a transaction with a related party or a conflict of interest requires disclosure and, where material, board or shareholder approval.

Shareholder derivative action: a shareholder meeting standing and demand requirements may sue on the company's behalf for harm to the company, with proceeds going to the company.

Capital maintenance: distributions and buybacks are lawful only from distributable profits or under statutory capital-reduction procedures with creditor protection.

Corporate insolvency: directors must file for insolvency within the statutory period after insolvency; delayed filing exposes them to personal liability for resulting losses.

Merger and division require board approval, shareholder resolution by qualified majority, creditor notice, and registration; rights and liabilities transfer by operation of law.

Commercial sales follow the same formation rules as civil contracts, but trade usages and course of dealing supplement terms; a non-conforming delivery triggers cure or price reduction.

Employment contract formation is consensual but statutory minimum standards (wages, hours, safety) override less favorable terms; a written contract is required within one month of hire.

Probation length is capped by contract term (statutory schedule); during probation either party may terminate on statutory notice without proving cause, subject to anti-abuse limits.

Termination for cause requires statutory grounds, evidence, notice to the employee, and, where a union exists, prior notification; procedural defects render dismissal unlawful.

Severance is calculated by years of service times monthly wage, with caps on high earners and a statutory ceiling on the wage base; unlawful dismissal yields reinstatement or double severance.

Overtime pay rates are statutory multiples of the normal hourly rate (commonly 150%, 200% on rest days, 300% on public holidays); records of hours are the employer's burden.

Collective bargaining and union rights: employees may organize; anti-union discrimination and retaliation are prohibited and give rise to reinstatement and damages.

Work injury insurance covers medical costs, disability benefits, and survivor benefits; the employer must report the injury within statutory deadlines or bear the cost.

Labor dispute procedure: conciliation, then arbitration (mandatory precondition), then court; arbitration limitation is generally one year from knowledge of the infringement.

Duty of competence and diligence: a lawyer must accept only matters within their competence or obtain the necessary support, and must keep the client reasonably informed.

Confidentiality attaches to all information learned in the representation, survives termination, and yields only to the client's informed consent or a clear legal exception.

Conflict of interest: a lawyer may not represent opposing parties in the same matter; concurrent or successive conflicts require written informed consent where permitted.

Fee agreements must be in writing where required, must be reasonable, and contingent fees are barred in criminal and certain family matters.

Client funds must be held in a separate trust account, kept distinct from the firm's operating funds, and disbursed only with proper accounting.

Candor to the tribunal: a lawyer may not present false evidence or knowingly misstate law or fact; withdrawal is required where the client insists on perjury.

Advertising is permitted if truthful and not misleading; solicitation of vulnerable persons and unauthorized practice of law are prohibited.

Withdrawal requires good cause and reasonable notice; a lawyer must return the file and unearned fees and may not abandon a client in a pending matter without leave.

IRAC structure: state the Issue, the governing Rule with citation, the Application to the facts, and the Conclusion; each element must be identifiable in the text.

Pleadings must state the material facts and the legal basis; a claim is sufficient if it gives fair notice of the grounds, not a full narrative of evidence.

Contract drafting: define key terms once, use consistent defined terms, allocate risk expressly, and include severability, notice, governing law, and dispute-resolution clauses.

Use active voice and short sentences; one proposition per paragraph; avoid nominalizations and ambiguous pronouns such as 'same' or 'said'.

Citation form must be consistent and verifiable: pinpoint references, year, and court; subsequent history must be disclosed where relevant.

Statutory interpretation order: plain meaning, then context and purpose, then legislative history; a specific provision prevails over a general one.

Legal opinion letters distinguish assumptions, qualifications, and the opinion itself; never state a legal conclusion as a guarantee of outcome.

Proofreading checklist: party names, dates, defined terms, cross-references, and arithmetic in damages schedules must be internally consistent.

Relevance is the threshold: evidence must make a fact of consequence more or less probable; irrelevant evidence is excluded regardless of weight.

Hearsay is an out-of-court statement offered for its truth; it is inadmissible unless an exception applies (present sense impression, excited utterance, business records, public records).

Privileges: attorney-client, physician-patient, and spousal privileges protect confidential communications; the holder waives by voluntary disclosure.

Burden structure: the proponent proves admissibility; the opponent must object timely and state the specific ground or the objection is waived.

Character evidence is generally barred in civil cases and in the prosecution's case-in-chief; it may be admitted for impeachment or where character is an element of the claim.

Best evidence rule requires the original document to prove its contents unless a statutory exception (loss, destruction, opponent's possession) applies.

Expert testimony requires qualification, reliable methodology, and relevance; the court acts as gatekeeper and may exclude unreliable opinion.

Direct examination uses open questions; cross-examination is limited to matters raised on direct plus credibility; leading questions are permitted on cross and adverse direct.

Constitutional supremacy: legislation inconsistent with the constitution is invalid; courts review for conformity and may decline to apply an unconstitutional provision.

Proportionality test: legitimate aim, suitability, necessity (least restrictive means), and balancing; failure at any step invalidates the restriction.

Equality requires like treatment of like cases; a distinction is justified only by an objective and reasonable ground with a rational relationship to the aim.

Fundamental rights may be limited only by law and only to the extent necessary in a democratic society; the essence of a right may never be curtailed.

Due process guarantees notice, a fair hearing before an impartial tribunal, and reasoned decision; secret proceedings require compelling justification.

Freedom of expression protects offensive speech; restrictions must target incitement, defamation, or public safety and must be narrowly tailored.

Judicial independence requires security of tenure, financial security, and immunity for judicial acts; executive interference with adjudication is unconstitutional.

International human rights treaties bind the state upon ratification; courts may use them as interpretive aids where domestic law is ambiguous.