Palestinian Bar Practice Exam flashcards

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

Majalla

The Ottoman civil code of 1876, codifying Hanafi rules of obligations and property. It remains a residual source in the West Bank where no later statute has displaced it.

Res judicata

A final judicial decision bars relitigation of the same claim between the same parties. It requires identity of parties, subject matter, and cause of action.

Talaq

A unilateral divorce pronounced by the husband under sharia law. It takes effect after the statutory waiting period and must be registered with the sharia court.

Khul'

A divorce initiated by the wife with the husband's consent, typically involving return of the dower. Where consent is withheld, the court may order it.

Hadana

Custody of a child under personal status law, ordinarily granted to the mother until a statutory age. The governing standard is the child's best interests.

Nafaqa

Maintenance owed by the husband or father for food, clothing, housing, and medical care. It is enforceable through the sharia execution department.

Mahr

The dower given by the husband to the wife on marriage. It has a prompt portion payable immediately and a deferred portion payable on divorce or death.

Wasiyya

A testamentary disposition of up to one-third of the estate. A larger bequest requires the consent of the heirs to be effective.

Miri land

State-owned land leased to holders with rights of use and inheritance. Transfers require official consent and registration under land law.

Waqf

An inalienable endowment of property for a charitable or family purpose. It is administered under Waqf Authority supervision and sharia court oversight.

Torrens registration

A system in which the register is conclusive evidence of title. Registration creates the right, and unregistered dealings do not bind third parties.

Expropriation

Compulsory taking of private property for a public purpose. It requires a statutory basis and fair compensation subject to judicial review.

Nullum crimen sine lege

No crime and no punishment without a prior written law. Courts may not create offences by analogy to the accused's detriment.

Tawqif ihtiyati

Pre-trial detention on remand ordered by the prosecution or court. It is subject to statutory time limits and periodic judicial review.

Shuru'

A criminal attempt: conduct that constitutes a step toward committing an offence. Punishable where failure results from an external cause.

Difa' shar'i

Self-defence as a ground for exemption from penalty. It requires a proportionate response to an imminent unlawful attack.

Iqrar

A voluntary admission of a fact or of guilt. In criminal matters it must be made freely before a competent authority to be admissible.

Mu'ayana

Judicial inspection of a place or object by the court. It is an independent means of proof recorded in the case file.

Best evidence rule

The original document must be produced where its content is disputed. Copies are admitted only with justification for the original's absence.

Cross-examination

Questioning of an opposing party's witness, permitting leading questions. Its purpose is to test credibility and elicit favourable admissions.

Jus cogens

Peremptory norms of international law from which no derogation is permitted. Examples include prohibitions on genocide, torture, and slavery.

Vienna Convention

The 1969 treaty on the law of treaties, governing formation, interpretation, reservations, and invalidity. It reflects largely customary international law.

State responsibility

Liability of a state for a wrongful act attributable to it. It requires breach of an international obligation and entails reparation.

Proportionality

A requirement that restrictions on rights and conduct in armed conflict not exceed what is necessary. It applies in human rights and humanitarian law.

Tadamun

Solidary liability among co-debtors in commercial obligations. It is presumed in commercial matters without express stipulation.

Sharika musahima

A joint stock company whose capital is divided into transferable shares. Shareholders' liability is limited to the value of their shares.

If las

Bankruptcy declared against a merchant who ceases payment. It may be preceded by preventive settlement or composition with creditors.

Al-niyaba al-'amma

The Public Prosecution, which conducts criminal investigations and decides whether to indict. It supervises the legality of detention.

Amr ihdar

A judicial order requiring a detaining authority to produce a detainee. It is the remedy against unlawful deprivation of liberty.

Mukafa'at nihayat al-khidma

End-of-service gratuity owed to a worker on termination. It is calculated by reference to wage and length of service.

Minimum wage

A floor on remuneration set by ministerial decision after tripartite consultation. It cannot be undercut by individual agreement.

General assembly

The meeting of shareholders in a company, competent to approve accounts, elect the board, and amend the articles.