Rules On Lawyer's Examination Procedure And Minimum Amount Of Knowledge

Original Language Title: Noteikumi par advokāta eksāmena kārtību un minimālo zināšanu apjomu

Read the untranslated law here: https://www.vestnesis.lv/ta/id/154437

Cabinet of Ministers Regulations No. 160 in Riga in 2007 (27 February. No 16 60. §) rules on lawyer's examination procedure and minimum amount of knowledge Issued in accordance with the law of the bar of the Republic of Latvia in the second paragraph of article 41.2 i. General questions 1. determine the lawyer's examination (hereinafter examination) procedures and minimum amount of knowledge. 2. To pass the exam, sworn advocate's post to the applicant (hereinafter the applicant) is required knowledge exam program includes the following areas: 2.1. constitutional law;
2.2. the criminal law and criminal procedure law;
2.3. civil law and civil procedure law;
2.4. administrative law and administrative procedure law;
2.5. labour law;
2.6. commercial law;
2.7. financial and tax law;
2.8. the international civil procedure and criminal justice cooperation;
2.9. the bar of the Republic of Latvia law and regulations;
2.10. Attorney ethics;
2.11. the international framework of action of the lawyer;
2.12. the Attorney of record keeping. 3. The Latvian Council of sworn advocates, the Council is responsible for the examination, it technical support organization and storage of examination paper. 4. the examination shall be adopted in accordance with the Bar Association of the Republic of Latvia Law of article 41.1 up exam Commission (hereinafter the Commission). Exam and on the progress and results of determination of compliance with the requirements of this regulation are responsible for the President of the Commission. The Commission shall perform the duties of the Secretary of the Latvian Council of sworn advocates's designate. 5. Exam start and it is considered to have occurred if the work of the Commission take part in no less than six members (including the Chairman). 41. These provisions in the case referred to in paragraph provides the President of the Commission, to the Member of the Commission to replace another Member of the Commission. 6. the Commission's meetings are closed. To become familiar with information related to the evaluation of the examination paper, requires the written permission of the Commission. II. organizing the examination 7. The Latvian Council of sworn advocates, the Council shall determine the place and time of the examination and at least five working days before the examination, it shall inform the applicant by post, by sending a written notice to the address of the applicant and, if possible, by using other means. 8. If the applicant late in the beginning of the exam, with his permission of the President of the Commission have the right to organize the exam, but the performance period is extended, and it is indicated in the Protocol. 9. If, for any valid reason, the applicant fails to appear for the exam, he has the right sort of exam in another Latvian Council of sworn advocates's specified time, without having to pay again the exam fee. The applicant for a absences shall inform the Commission before the beginning of the exam. Whether absence reasons recognised as justified, decided by the Commission, in assessing each case individually, and this is indicated in the Protocol. 10. If the applicant fails to appear for the exam not supporting (unknown) reasons for absences and have not informed the Commission, the fee for the exam will not be refunded. 11. applicants to the exam program can be found on the Latvian Council of sworn advocates for at least five days before the exam. 12. Exam program and tickets confirming the Latvian Council of sworn advocates. Exam tickets are not available to the applicant. 13. Exam ticket includes one task (kāzus) about some legal problems and at least three theoretical issues. At least one of the theoretical questions is related to this rule 2.10, 2.11 or 2.12. areas referred to. III. Examination proceedings 14. Exam has two parts: 14.1 in the first part of the exam the applicant in writing of any legal problems resolved (kāzus), prepared a draft of the document;
14.2. in the second part of the examination the applicant orally provides answers to the most rigorous questions teorēt. 15. A sworn lawyer's Assistant who stood by the bar of the Republic of Latvia Law 94., 95 and 96 of the requirements laid down in article 5, only the first part of the exam. 16. before the examination Commission shall verify the applicant's personal data according to the personal identity document. 17. before the start of the examination Commission shall notify the President of the Commission. 18. the progress of the examination may be located in the premises of the applicant, the President of the Commission, the members of the Commission and the Secretary of the Commission. 19. the Secretary of the Commission on the progress of the Exo, the Protocol menu. The Protocol specifies the examination venue, time, the composition of the Commission, the Commission's consultations and decisions, the names of the tenderers, tenderers selected exam ticket number, asked questions, received ratings of each part of the exam and the final assessment. In the annex to the Protocol annexed to the Commission's assessment of the completed exam of the members pages and the first part of the applicant's examination answer for seemless conversion. The minutes shall be signed by the Chairman of the Commission, the members of the Commission and the Secretary of the Commission. 20. the original of the Protocol in accordance with the Archive document storage conditions store the Latvian Council of sworn advocates, the Council for three years from the date of the exam. 21. move the first part of the exam, the applicant has the right to use all the līdzpaņemto or Commission issued the text of the law, if they are not added to the comments. When the second part of the exam, the applicant is not entitled to use the text of the law, legal literature and any tools (such as electronic notebooks, telecommunications or other means of communication). 22. If the applicant uses the text of the law or AIDS, which are not allowed, disturb other candidates or not working independently, the Chairman of the Commission expelled from the applicant for the duration of the exam room. In this case, believes that the applicant has acquired the failed assessment. 23. The Chairman of the Commission in exceptional circumstances can the duration of the exam to allow out of the room at the same time not more than one tenderer. In such a case, the Tenderer shall transfer its work to the President of the Commission. The Chairman of the Commission on the work of the applicant article notes the out of fact and time. Applicants to the exam performance period is extended. 24. the first part of the exam, the Commission invited the applicant to choose exam ticket. The ticket number, the applicant presented the President of the Commission, and the Secretary of the Commission, it shall be recorded in minutes. The Tenderer shall issue the first part of the exam question according to the selected ticket number, and the applicant shall prepare a project document in writing. 25. This provision 14.1. document referred to in the project the preparation is intended for two hours. 26. applicants who have fulfilled the first part of the exam, submit the work to the President of the Commission and leave the exam room. After the first part of the exam Commission Chairman declares a break. 27. during the Break, the Commission examines the written work. If the applicant in the first part of the exam received a negative rating, he had no right to participate in the second part of the exam. The first part of the exam results recorded and notified to the applicant. 28. in the second part of the exam Commission applicants last name alphabetically calls the exam venue space and prompts you to select an examination ticket. The ticket number, the applicant presented the President of the Commission, and the Secretary of the Commission, it shall be recorded in minutes. 29. in order to prepare for the second part of the exam, the applicant is not more than 30 minutes. The oral reply to each question are provided for no more than 10 minutes. 30. the second part of the exam time in a room at the same time can be no more than five applicants. 31. at the hearing the applicant's answers to members of the Commission have the right to ask questions. Applicants who have completed the second part of the exam, exam room. IV. evaluation of the results of the examination 32. Each member of the Commission evaluates each applicant's examination of the first part of the work of the five-party system (annex 1) and the first part of the record of the evaluation rating sheet (annex 2). The signature of the Member of the Commission's assessment and, if necessary, provide a brief assessment of the justification. 33. After all the work writing the Evaluation Commission Secretary compiled the first part of the exam rating pages the recorded results. Each candidate's exam, first paragraph, the average rating is obtained by summing the ratings of members of the Commission and the resulting figure divided by the number of members of the Commission. The mean of the results obtained, if necessary, be rounded to an integer (decimal, which is a "5", rounded up). 34. The Chairman of the Commission opened the first part of the exam rating. Its time the members of the Commission by majority vote approves the applicant's examination of the first part of the assessment. If the vote splits similar to, the President shall have a casting vote. The result of the vote shall be recorded in minutes and the rating. 35. Each member of the Commission evaluates each applicant's examination of the second part of the answer to every question five-ball system (annex 1) and the record of the second part of the evaluation rating sheet (annex 3). The signature of the Member of the Commission's assessment and, if necessary, provide a brief assessment of the justification. Each applicant's examination of the second paragraph of the answer the average rating obtained in paragraph 33 of these rules. 36. the second part of the exam have been completed, if the applicant for each oral response is received the rating average, not less than three balls. 37. the final exam grade is determined by summing the first part of the applicant's examination of the average rating of the sister with the second part of the applicant's examination of the average ratings and the resulting figure divided by two. The Commission, by majority decision on final approval of the applicant's mark. If the vote splits similar to, the President shall have a casting vote. 38. The exam is arranged, if the applicant's first and second examination has received an average rating of not less than three balls. 39. at the end of the examination at the hearing, the Commission collects assessments and amend the entry Protocol. Members of the Commission have the right to request be recorded in their individual views on the assessment or examination. 40. the Commission shall submit to the Secretary of the Ministry of justice the President of the Commission a certified copy of the minutes. 41. The Member of the Commission does not participate in the evaluation work of the applicant, if the applicant is the spouse of the Member of the Commission, the members of the Commission or his spouse's relatives in a straight line in all degrees, side-line up to the fourth degree or affinity up to the third degree, as well as members of the Commission or his spouse's custody or guardianship, the members of the Commission or his spouse of adoptive or adopted. Member of the Commission does not participate in the assessment of the applicant's work, if it is directly or indirectly personally interested in the outcome of the case or there are other circumstances that cause reasonable doubt as to his impartiality. V. notification of exam results and disputed 42. the first part of the exam results, the Commission shall notify the applicant of the Commission on the day of the exam decision. 43. the second part of the exam results and final evaluation, the Commission shall communicate to the applicant personally the next working day after the decision of the Commission, as well as by sending written notice by mail to the address indicated by the applicant. 44. The applicant in the month following notification of the results of the examination, submit a reasoned application to the Ministry of Justice to the Secretary of State, may challenge the exam results, if the exam during the exam policy violations that could directly influence the examination of assessment or evaluation in General. 45. the Ministry of Justice's decision may appeal to the Court of Justice of the administrative procedure law. Prime Minister a. Halloween Justice Minister g. Smith annex 1 Cabinet on 27 February 2007 the Regulation No 160 attorneys exam assessment rating (Ballroom) explanation playback volume (%)
Mental activity learning level 5 complete understanding of Attorney professional regulatory laws, is the skill independently apply knowledge gained 100-91 the analysis, synthesis, evaluation of excellent 4 mastered Attorney professional regulatory legislation is the skill independently apply knowledge gained, but found some of the complex issues of insufficient understanding of knowledge use 90-71 Standart situations good 3 mastered Attorney professional regulatory law that is the skill independently apply knowledge gained, but separate question not found sufficiently deep understanding 70-50 knowledge learning and understanding the satisfactory 2 Learn superficial knowledge of most applicable Attorney professional regulatory laws, but not the skills its practical use 49-31 knowledge incomplete learning and superficial understanding Weak 1 No understanding of applicable Attorney professional regulatory laws and 30 is not basic knowledge and understanding of the very , very weak Justice Minister g. Smith 2. the annex to Cabinet of 27 February 2007 Regulation No. 160 of the Minister of Justice g. Smith annex 3 Cabinet 27 February 2007 Regulation No. 160 of the Minister of Justice g. Smith