CVLE Attorney Vocational Examination flashcards

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

Rescission for material mistake

A party may avoid a contract where a mistake concerns an essential element and was not assumed as a risk; restitution of performances follows, and damages for the avoided contract are unavailable.

Expectation interest measure

Damages place the injured party in the position performance would have produced, limited by foreseeability at contracting, proof of causation, and the duty to mitigate avoidable loss.

Exclusive jurisdiction immovable property

Disputes over rights in immovable property must be brought where the property is situated; party agreement cannot displace this rule, and judgments elsewhere may be unenforceable.

Default judgment relief

A defendant who fails to appear after valid service may move to set aside the default within the statutory period by showing excusable neglect and a meritorious defense to the claim.

Legality principle criminal law

No crime or punishment exists without a prior, clear statutory basis; ambiguous penal provisions are construed in favor of the accused and cannot be applied by analogy.

Attempt liability threshold

Criminal attempt requires commencement of execution directly connected to the offense; mere preparation is not punishable unless a separate statute criminalizes the preparatory act.

Self-defense elements

Justification requires a present unlawful attack, necessity of the defensive response, and proportionality; excessive defense may mitigate punishment but does not fully excuse the actor.

Exclusion of coerced confession

Confessions obtained by coercion, torture, or deception are inadmissible; evidence derived from such a confession is excluded unless an independent source establishes its origin.

Proportionality administrative act

An administrative measure must pursue a legitimate aim, be suitable, be the least restrictive effective means, and not impose excessive burden relative to the public interest served.

Standing administrative litigation

A claimant must show a legal interest affected by the challenged act, sue within the statutory period from knowledge of the act, and satisfy any reconsideration precondition.

State compensation limitation

Claims for compensation for unlawful administrative acts generally must be brought within two years of knowing the harm; the claimant proves the unlawful act, damage, and causation.

Piercing corporate veil

Courts disregard separate personality only on proof of abuse, such as commingling of assets, chronic undercapitalization, or use of the company to evade legal obligations.

Derivative shareholder action

A qualifying shareholder may sue on the company's behalf for harm to the company after meeting standing and demand requirements; any recovery belongs to the company, not the plaintiff.

Directors insolvency filing duty

Directors must file for insolvency within the statutory period after the company becomes insolvent; delayed filing exposes them to personal liability for losses caused by the delay.

Capital maintenance rule

Distributions and share buybacks are lawful only from distributable profits or through statutory capital-reduction procedures that protect creditors through notice and publication.

Written employment contract deadline

An employer must conclude a written employment contract within one month of hiring; failure entitles the employee to double wages for the period of the omission.

Unlawful dismissal remedy

Where dismissal lacks statutory grounds or procedure, the employee may seek reinstatement or, at their election, double severance compensation calculated on statutory service years and wage caps.

Overtime pay multiples

Statutory overtime rates are commonly 150 percent of the hourly rate on workdays, 200 percent on rest days, and 300 percent on public holidays; the employer bears the burden of hours records.

Labor arbitration precondition

Labor disputes generally must be arbitrated before litigation; the limitation period is one year from knowledge of the infringement, and arbitration awards bind unless timely challenged.

Attorney-client confidentiality scope

Confidentiality covers all information learned in the representation, survives termination, and is waived only by informed client consent or a recognized legal exception.

Concurrent conflict of interest

A lawyer may not represent opposing parties in the same matter; representing clients with materially adverse interests requires written informed consent where the rules permit it.

Client trust account rule

Client and third-party funds must be held in a separate trust account, segregated from firm operating funds, and disbursed only with accurate accounting and prompt notice.

Candor to tribunal

A lawyer may not present false evidence or knowingly misstate law or fact; if the client insists on perjury, the lawyer must seek withdrawal subject to court leave.

IRAC analysis structure

State the Issue, the governing Rule with citation, the Application to the facts, and the Conclusion; each element should be identifiable and the rule must be current.

Defined terms consistency

Define key contract terms once, capitalize them consistently, and check every cross-reference; inconsistent usage creates ambiguity construed against the drafter.

Specific over general rule

When two provisions conflict, the more specific provision prevails over the general one, and the later enactment prevails over the earlier of equal specificity.

Hearsay definition and exceptions

An out-of-court statement offered to prove its truth is inadmissible unless an exception applies, such as excited utterance, business records, or public records.

Best evidence rule

To prove a document's contents, the original must be produced unless an exception applies, such as loss, destruction, or the opponent's possession of the document.

Cross-examination scope

Cross-examination is limited to matters raised on direct examination plus credibility; leading questions are permitted, and objections must be timely and specific.

Proportionality constitutional test

A rights restriction is valid only if it serves a legitimate aim, is suitable, is the least restrictive effective means, and survives balancing; failure at any step invalidates it.

Equality justification standard

A distinction between like cases is constitutional only if it rests on an objective and reasonable ground with a rational relationship to a legitimate aim.

Essence of rights limit

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