Namibia Legal Practitioners' Qualifying Examination flashcards

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

Dies induciae

The period allowed to a defendant to enter an appearance to defend after service of summons; it differs for defendants residing within or outside Namibia.

Summary judgment

An application by a plaintiff for judgment without trial where the defendant has entered appearance but has no bona fide defence to the claim.

Final interdict requirements

A clear right, an injury actually committed or reasonably apprehended, and the absence of any other satisfactory remedy available to the applicant.

Prescription period for debts

Under the Prescription Act 68 of 1969, contractual and delictual debts prescribe after three years from the date the debt became due.

48-hour rule

A person arrested must be brought before a magistrate within 48 hours of arrest, excluding weekends and public holidays, per the Criminal Procedure Act.

Bail onus

In certain serious offences, the accused bears the onus to show exceptional circumstances justifying release on bail in the interests of justice.

Admissibility of confessions

A confession must be made freely and voluntarily; a confession to a peace officer who is not a magistrate must be reduced to writing before a magistrate.

Circumstantial evidence test

Circumstantial evidence must be consistent with guilt and inconsistent with any reasonable inference of innocence before it can sustain a conviction.

Positive interesse

The measure of damages placing the innocent party in the position they would have occupied had the contract been properly performed.

Mora debitoris

The debtor's wrongful failure to perform on time, where performance is still possible and the debtor has been placed in mora.

Reasonable person test

The standard for negligence, weighing the probability and seriousness of harm against the burden of precautions and the utility of the conduct.

Vicarious liability

An employer's liability for the delict of an employee committed within the course and scope of employment, based on the employment relationship.

Ownership transfer by registration

Ownership of immovable property passes on registration of the transfer in the Deeds Registry, not on conclusion of the sale agreement.

Antenuptial contract

A contract executed before a notary before marriage and registered in the Deeds Registry to exclude community of property between spouses.

Covering bond

A mortgage bond registered to secure present and future or fluctuating debts owed by the mortgagor to the mortgagee.

Sectional title body corporate

The body corporate established on registration of a sectional plan, comprising owners bound by management rules under the Sectional Titles Act.

Directors' fiduciary duties

Directors must act in the company's best interests, avoid conflicts, and exercise care and skill; breach may attract personal liability.

Sequestration requirements

A creditor must show a debt of the prescribed amount, actual insolvency of the debtor, and that sequestration will advantage creditors.

Business rescue moratorium

During business rescue, legal proceedings against the company are stayed, and a rescue practitioner prepares a plan to rehabilitate the company.

Voidable preference

A disposition by an insolvent debtor favouring one creditor over others within the statutory period before sequestration, which the trustee may set aside.

Community of property

A marital regime in which spouses share all assets and liabilities; it applies by default unless excluded by a registered antenuptial contract.

Irretrievable breakdown

The ground for divorce where the marriage relationship has reached such a state that there is no reasonable prospect of restoring it.

Wills Act formalities

A will must be in writing, signed by the testator and two competent witnesses present at the same time, and may be revoked later.

Intestate succession

The statutory rules governing distribution of an estate where the deceased died without a valid will, sharing among spouse and children.

Article 18 fair administration

The constitutional guarantee that administrative bodies act fairly and reasonably and give reasons where rights or legitimate expectations are affected.

Legitimate expectation

A reasonable expectation induced by an administrator's promise or conduct that a benefit or hearing will be given before a decision.

Judicial review grounds

Review tests whether administrative action was lawful, rational and procedurally fair; the court does not substitute its own decision on the merits.

Trust account rule

Client funds must be held in a separate trust banking account and may not be used for the practitioner's own purposes; trust accounts are audited.

Conflict of interest

A situation where a practitioner's duty to one client conflicts with a duty to another client or personal interest, requiring disclosure or withdrawal.

Material facts in pleadings

Pleadings must state the material facts supporting the claim or defence, not the evidence by which those facts will be proved.

Opinion structure

A legal opinion sets out the facts, the question, the applicable law, the analysis, assumptions and a clear conclusion for the client.

Recognition of customary law

Article 66 of the Constitution recognises customary law as part of Namibian law, subject to the Constitution and statutory law.

Communal Land Boards

Bodies established under the Communal Land Reform Act 5 of 2002 to administer allocation and registration of rights in communal land.