Palestinian Bar Training Entry Exam cheat sheet

Jordanian Civil Code (Law No. 43 of 1976) applies in the West Bank; Gaza follows the Ottoman Majalla and related statutes - always identify the territorial statute first.

Contract formation requires offer, acceptance, and lawful object; under Civil Code Art. 94 acceptance must be communicated and must not be conditional on a new term.

Prescription: a 15-year general limitation applies to contractual claims (Civil Code Art. 418); shorter periods exist for commercial and labor claims.

Ownership transfers by contract inter partes (Art. 1153); registration in the land registry is required to bind third parties.

A contract is void if its object is contrary to public order or morals; void acts produce no effect, while voidable acts (fraud, duress, error) require annulment action.

Civil procedure: a statement of claim must state parties, subject matter, facts, legal basis, and requests; missing essential elements leads to rejection for formal defect.

Jurisdiction: the defendant's domicile generally governs; exclusive jurisdiction lies where immovable property is situated for in rem real actions.

Appeal deadlines are short and peremptory; failure to file within the statutory period renders the judgment final.

Res judicata requires identity of parties, object, and cause of action; a second suit meeting all three is dismissed.

Legality principle (nullum crimen sine lege): no crime or penalty without a prior written text; analogy against the accused is prohibited.

Jordanian Penal Code No. 16 of 1960 applies in the West Bank; Gaza applies the British Mandate Penal Code of 1936 as amended.

Penalties: principal penalties include death, life imprisonment, temporary imprisonment, imprisonment, and fine; accessory penalties include deprivation of rights.

Attempt is punishable when the acts of execution are begun but the result fails for reasons outside the offender's will; mere preparatory acts are not punishable.

Complicity requires agreement before or during the act and a material contribution; the accomplice receives the penalty of the principal unless the law provides otherwise.

Arrest requires a warrant or a flagrante delicto situation; detention must be reviewed by a judge within the statutory period or the detainee is released.

The public prosecution supervises investigation; police may hold a suspect for a limited period before referral to the prosecutor.

Right to counsel attaches from the first interrogation; statements obtained under duress are inadmissible.

Private rights claims (haqq adami) may be joined to the criminal case, allowing the victim to seek compensation before the criminal court.

Commercial acts are defined by the Commercial Code; a merchant is a person who performs commercial acts as a profession and must register in the commercial register.

Commercial obligations are presumed solidary (joint and several) unless otherwise agreed; civil obligations are presumed divisible.

Commercial prescription is generally 10 years, shorter than the civil 15-year rule, and commercial evidence may be proved by any means.

Company forms: general partnership, limited partnership, joint stock (public shareholding and private), limited liability, and one-person company.

A joint stock company requires a minimum capital fixed by law and a board of directors; shareholders' liability is limited to the value of their shares.

A limited liability company caps member liability at their contribution; transfer of shares is restricted and typically requires notarized amendment of the articles.

Bankruptcy: the debtor must file within the statutory period after cessation of payments; a composition may suspend bankruptcy and restructure debts.

Cheques and bills of exchange are governed by the Commercial Code; a cheque must be drawn on a bank and payable on demand.

Commercial agency and distribution contracts require registration to be enforceable against third parties.

Jordanian Labor Law No. 8 of 1996 applies in the West Bank; Gaza applies Law No. 7 of 2000 - check which applies to the workplace.

Probation period may not exceed three months; during probation either party may terminate without notice or end-of-service indemnity.

Annual leave is 14 days minimum, rising to 21 days after five years of continuous service.

Maternity leave is 10 weeks paid; dismissal during maternity leave is unlawful and triggers compensation.

End-of-service indemnity: one month's wage per year of service for the last five years and half a month's wage per year for earlier years (or as the applicable statute provides).

Working hours are capped at 48 hours per week; overtime is paid at 125% of normal wage, or 150% for night and holiday work.

Termination without lawful cause entitles the worker to compensation; arbitrary dismissal damages are assessed by the court.

Social security: old-age, disability, death, work injury, maternity, and unemployment insurance; contributions are shared between employer and worker.

Labor disputes go first to the labor office for conciliation, then to the labor court; a worker may not waive statutory rights by agreement.

Ottoman Land Code of 1858 and the Jordanian Land Registration Law govern land classification: miri (state-owned usufruct), mulk (full private ownership), waqf, and matruka (public).

Torrens-style registration: the land registry record is conclusive evidence of title; unregistered dispositions do not bind third parties.

Immovable property transactions must be in writing and registered; a notarized but unregistered sale binds only the parties inter se.

Pre-emption (shuf'a) gives a co-owner or neighbor a right to buy a sold share on the same terms; it must be claimed promptly or it lapses.

Lease of immovables: the tenant's rights may survive sale of the property if the lease is registered; unregistered leases bind only the parties.

Expropriation requires a public purpose, a lawful decision, and fair compensation paid before taking possession.

Waqf property is inalienable; long leases (hukr) may exist but sale requires approval of the waqf authority or court.

Mortgages over land must be registered; an unregistered mortgage creates no priority against third-party purchasers.

Boundary and easement disputes are decided on the registry map and long possession; adverse possession requires the statutory period and good faith where required.

Personal status matters are governed by religious law: the Jordanian Personal Status Law No. 36 of 2010 applies to Muslims in the West Bank; Christian and other communities apply their own courts and laws.

Marriage requires offer and acceptance, two witnesses, and the bride's consent; the contract must be registered with the shari'a court.

Mahr (dower) is a mandatory element; it may be prompt or deferred and is a debt on the husband.

Minimum age for marriage is 18; a court may permit marriage of a person aged 15-17 with guardian consent and judicial approval where the law allows.

Talaq by the husband must be registered; an unregistered repudiation is not effective for legal purposes and the wife may seek judicial confirmation.

Khul' allows the wife to obtain divorce by returning the mahr and waiving financial rights, subject to court approval.

Custody (hadana) generally goes to the mother until the child reaches the statutory age, then the child may choose; custody is lost if the custodian remarries or is unfit.

Inheritance: fixed shares (fard) for Quranic heirs, residue (ta'sib) to male agnates; a will (wasiyya) is limited to one-third of the estate.

A non-Muslim or foreign parent may face jurisdictional issues; the child's religion and nationality follow the applicable personal status law.

The Palestinian Basic Law (2003, as amended) is the constitutional framework: it establishes the presidency, the Legislative Council, the judiciary, and the separation of powers.

The Basic Law guarantees equality before the law, personal liberty, freedom of expression, and the right to a fair trial; restrictions must be prescribed by law.

Judicial review of administrative decisions lies with the High Court of Justice; grounds include lack of jurisdiction, error of law, procedural defect, and abuse of power.

Administrative decisions must be reasoned and notified; a decision not notified does not start the appeal period.

Public officials' acts are subject to the principle of legality; a public authority may not act without a legal basis.

Emergency powers may suspend certain rights but cannot authorize torture or abolish judicial oversight.

The Higher Constitutional Court (or Supreme Constitutional Court) reviews the constitutionality of laws; ordinary courts must refer constitutional questions.

Administrative contracts are governed by public law; the administration may vary or terminate a contract for public interest, subject to compensation.

Civil service appointments and disciplinary measures are challengeable before the administrative courts.

The Palestinian Bar Association (PBA) regulates admission, discipline, and practice; membership and a valid license are required to appear in court.

Duties to the client: competence, confidentiality, loyalty, and avoiding conflicts of interest; a lawyer may not represent both sides in the same matter.

Confidentiality survives termination of the mandate; disclosure is permitted only with client consent or where the law requires it to prevent a crime.

A lawyer may not solicit clients or pay referral fees; advertising is limited and must not be misleading.

Fees must be agreed in writing and must not be contingent on the outcome of a criminal case; contingency fees in civil matters are restricted.

Commingling client funds with the lawyer's own funds is prohibited; client money must be held in a separate account.

A lawyer must withdraw if a conflict arises or if the client insists on pursuing a frivolous or unlawful course.

Discipline: complaints go to the PBA disciplinary committee; sanctions range from warning to suspension and disbarment, with appeal to the courts.

A lawyer may not act as a witness and advocate in the same case, nor communicate with a represented opposing party directly.

A pleading should follow: court heading, parties, subject matter, facts, legal grounds, requests, and signature with date.

Use precise defined terms and consistent defined-term capitalization; avoid synonyms that create ambiguity.

Number paragraphs and clauses; use sub-clauses (a), (b), (c) so each obligation is separately identifiable.

Draft conditions as 'if... then...' with an explicit consequence for breach; specify time for performance and notice requirements.

Avoid legalese and ambiguity; prefer active voice and concrete verbs; define 'shall' as obligation and 'may' as discretion.

Legal memoranda follow IRAC: Issue, Rule, Application, Conclusion; cite statute articles and case law precisely.

Contracts need severability, governing law, dispute resolution, force majeure, and notices clauses to be enforceable and complete.

Proofread for internal cross-references; a wrong clause reference is a common source of unenforceability.

In client interviews, identify facts, interests, legal issues, and deadlines; document advice in a written engagement letter.

Palestine acceded to the Rome Statute in 2015; the ICC may exercise jurisdiction over crimes committed on Palestinian territory since 2014.

The Fourth Geneva Convention (1949) governs occupied territory; Article 49 prohibits transfer of the occupier's population into occupied land.

Human rights treaties binding on Palestine include the ICCPR, ICESCR, CEDAW, CRC, and CAT; obligations apply to all persons within jurisdiction.

Customary international law binds all states; treaty reservations incompatible with the object and purpose are invalid (VCLT Art. 19).

State responsibility requires an attributable act, a breach of an international obligation, and reparation (ILC Articles on State Responsibility).

The ICJ hears disputes between states and gives advisory opinions; individuals have no standing before it.

Use of force is prohibited except in self-defense (UN Charter Art. 51) or with Security Council authorization (Chapter VII).

Universal jurisdiction allows prosecution of grave breaches, torture, and piracy regardless of where the act occurred.

Human rights bodies: treaty bodies receive periodic reports and individual communications where the state has accepted the competence.

Income tax in the West Bank is governed by Law No. 8 of 2011 (as amended); Gaza applies its own income tax law - confirm the applicable statute.

Residents are taxed on worldwide income; non-residents on Palestinian-source income only.

Corporate income tax is progressive by bracket; personal income tax has a tax-free threshold and graduated rates.

VAT (Law No. 16 of 1976 as amended) applies to goods and services at the standard rate; exports are zero-rated and certain supplies exempt.

Withholding tax applies to payments to non-residents, dividends, and certain service fees; failure to withhold creates joint liability.

Tax returns must be filed within the statutory period; late filing and late payment attract penalties and interest.

Tax assessments may be objected to before the tax department within a short period, then appealed to the tax court.

Stamp duty applies to specified documents and real estate transfers; rates depend on the transaction type.

Anti-money-laundering law requires financial institutions to report suspicious transactions and apply customer due diligence.

Hierarchy: constitution > statute > regulation > administrative decision; a lower norm conflicting with a higher norm is void.

Lex specialis derogat legi generali: a specific statute prevails over a general one on the same subject.

Lex posterior derogat legi priori: a later statute repeals an earlier one on the same subject, unless the earlier is special.

Territorial split: West Bank and Gaza each have their own applicable statutes; identify the forum before citing an article.

Mandatory procedural deadlines (appeal, objection) are peremptory; missing them extinguishes the right regardless of merits.

Burden of proof: the claimant proves the claim; the defendant proves defenses; the prosecution proves guilt beyond reasonable doubt.

When a question cites no statute, state the governing law by name and article number before applying it.

Public order and morals override contractual freedom; a clause contrary to them is void even if agreed.