Palestinian Bar Training Entry Exam flashcards

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

Prescription period (civil claims)

Under the Jordanian Civil Code, the general limitation for contractual and civil claims is 15 years from the date the right becomes due, unless a shorter special period applies.

Res judicata elements

A prior judgment bars a new suit when the parties, the object, and the cause of action are identical; all three must coincide for dismissal on res judicata grounds.

Void versus voidable contract

A void contract has no legal effect from the outset because its object or cause is unlawful; a voidable contract is valid until annulled by a court on grounds such as fraud, duress, or error.

Statement of claim essentials

The claim must name the parties, identify the court, state the subject matter and value, set out the facts and legal grounds, and specify the relief requested, with supporting documents attached.

Legality of crimes and penalties

No person may be punished for an act that was not a crime under written law at the time of commission, and no penalty may exceed what the law prescribed then.

Flagrante delicto arrest

A suspect may be arrested without a warrant when caught in the act of committing an offence or immediately after, or when pursued by public outcry; otherwise a judicial warrant is required.

Criminal attempt

Attempt exists when the offender begins acts of execution with criminal intent but the result fails for a reason outside his will; preparatory acts alone are not punishable.

Fruit of the poisonous tree

Evidence obtained through torture, coercion, or an illegal search is inadmissible, and derivative evidence may also be excluded where the illegality taints the chain of obtaining it.

Merchant status

A merchant is a person who performs commercial acts as a habitual profession, is registered in the commercial register, and is subject to commercial obligations and commercial prescription rules.

Joint stock company capital

A public shareholding company must have a minimum capital fixed by statute and its shares are freely transferable; shareholders are liable only up to the nominal value of their shares.

Cheque essential elements

A cheque must contain the word cheque, an unconditional order to pay a sum, the drawee bank, the date and place of issue, and the drawer's signature; it is payable on demand.

Bankruptcy cessation of payments

Bankruptcy opens when a merchant stops paying commercial debts; the debtor must file within the statutory period, and the court may order protective measures and appoint a trustee.

Probation period (labor)

The probation period may not exceed three months; during it either party may terminate without notice or end-of-service indemnity, and probation may not be repeated for the same job.

End-of-service indemnity

On termination, the worker receives one month's wage for each of the last five years of service and half a month's wage for each earlier year, calculated on the last wage.

Overtime pay rate

Hours beyond 48 per week are paid at 125% of the normal hourly wage; work at night, on weekly rest days, and on public holidays is paid at 150%.

Arbitrary dismissal compensation

Dismissal without lawful cause or without statutory procedure entitles the worker to compensation assessed by the labor court, in addition to accrued wages, leave pay, and end-of-service indemnity.

Torrens registration principle

The land registry record is conclusive proof of ownership; a transfer, mortgage, or lease of immovable property binds third parties only when registered in the land registry.

Right of pre-emption (shuf'a)

A co-owner or adjacent owner may claim a sold share of the property on the same terms and price; the right must be exercised promptly after notice or it lapses.

Miri land

Miri is state-owned land whose usufruct is held by a private person under the Ottoman Land Code; the holder may use and inherit it but cannot sell the bare ownership without state approval.

Waqf inalienability

Waqf property is dedicated to a charitable or family purpose and is inalienable; it may not be sold, gifted, or mortgaged, though long leases may be granted with court approval.

Khul' divorce

Khul' is a divorce initiated by the wife in which she returns the mahr and waives her financial rights; the shari'a court must approve it after reconciliation attempts.

Mahr (dower)

Mahr is the mandatory property the husband gives the wife under the marriage contract; it may be prompt or deferred and remains a debt enforceable against the husband or his estate.

Custody (hadana) age limits

The mother generally has custody of a child until the statutory age set by the applicable personal status law, after which the child may choose the custodian, subject to the court's assessment of fitness.

Wasiyya one-third limit

A will may dispose of no more than one-third of the estate without the heirs' consent; bequests exceeding one-third require the consent of all competent heirs.

High Court of Justice review

The High Court of Justice reviews administrative decisions for lack of jurisdiction, error of law, procedural defect, or abuse of power, and may annul the decision or award compensation.

Principle of legality

Public authorities may act only where the law authorizes them; an administrative act without a legal basis is void and subject to annulment by the administrative court.

Conflict of interest rule

A lawyer may not represent a client where a personal or professional interest conflicts, nor act for both parties in the same matter, and must withdraw if a conflict arises.

Client confidentiality

A lawyer must keep all information learned in the mandate confidential, before and after termination, and may disclose only with client consent or where the law requires it to prevent a serious crime.

IRAC method

IRAC structures legal analysis as Issue, Rule, Application, and Conclusion; state the legal question, cite the governing rule, apply it to the facts, and give a clear conclusion.

Severability clause

A severability clause provides that if one provision of a contract is held invalid, the remaining provisions stay in force and the invalid clause is replaced by a lawful one.

Fourth Geneva Convention Article 49

Article 49 prohibits an occupying power from deporting or transferring protected persons from occupied territory and from transferring parts of its own civilian population into that territory.

Universal jurisdiction

Universal jurisdiction allows any state to prosecute certain grave crimes such as torture, war crimes, and piracy regardless of where the act occurred or the nationality of the accused.

VAT zero-rating

Zero-rated supplies such as exports are taxable supplies subject to VAT at a rate of zero, so input tax remains deductible, unlike exempt supplies where input tax is not recoverable.

Withholding tax liability

A payer required to withhold tax on payments to non-residents or on specified fees becomes jointly liable for the tax if withholding is omitted, in addition to penalties and interest.