Avocat — Examen de Calificare (Moldova) / Advocate Qualification Exam Feed

Question

A client retains an advocate to file a statement of claim (cerere de chemare în judecată) for contractual breach. Under Article 166 of the Civil Procedure Code of the Republic of Moldova, which of the following elements is strictly mandatory in the formal drafting of the lawsuit?

Civil Litigation Drafting

Question · Easy

Question

An advocate files a statement of claim on behalf of a claimant, but inadvertently omits proof of payment of the statutory state duty (taxa de stat) and fails to attach the advocate warrant (mandatul de avocat). What procedural ruling must the first-instance judge issue under the Moldovan Civil Procedure Code?

Civil Litigation Drafting

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Question

An advocate is drafting an agreement for legal assistance with a client in a property dispute. To validly conclude a court settlement (tranzacție de împăcare) or waive the action (renunțare la acțiune) on the client's behalf during trial, what specific requirement must be met regarding the advocate's authority under Article 76 CPC RM?

Civil Litigation Drafting

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Question

A claimant's advocate discovers that the defendant has begun rapidly liquidating real estate assets and transferring bank funds to offshore accounts to frustrate an upcoming monetary judgment of 2,000,000 MDL. What procedural act should the advocate draft immediately, and what legal standard governs its admission under the Moldovan Civil Procedure Code?

Civil Litigation Drafting

Question · Hard

Question

In a Moldovan civil lawsuit, what is the statutory deadline under the Civil Procedure Code for filing an ordinary appeal (cerere de apel) against a judgment of the first-instance court?

Civil Litigation Drafting

Question · Easy

Question

During the examination of a civil case, an advocate determines that a third party holds independent rights over the subject matter of the dispute between the original plaintiff and defendant. Under Article 65 CPC RM, through what procedural mechanism should this person participate in the trial?

Civil Litigation Drafting

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Question

An advocate represents a defendant in an action for commercial debt. The defendant possesses a valid, liquid, and overdue monetary counterclaim against the claimant arising from the same commercial framework contract. How should the advocate structure this counter-demand under the Moldovan Civil Procedure Code?

Civil Litigation Drafting

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Question

Under the Moldovan Civil Procedure Code, who bears the general burden of proof (sarcina probațiunii) in ordinary civil litigation?

Civil Litigation Drafting

Question · Easy

Question

An advocate is preparing a cassation appeal (recurs) to the Supreme Court of Justice (Curtea Supremă de Justiție) against a decision of the Court of Appeal. Under Article 432 of the Moldovan Civil Procedure Code, what constitutes an admissible ground for cassation?

Civil Litigation Drafting

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Question

In drafting a statement of claim involving an expert technical evaluation of construction defects, an advocate seeks a court-ordered technical forensic expertise (expertiză judiciară). Under Article 147 CPC RM, how must the advocate formulate the procedural request?

Civil Litigation Drafting

Question · Hard

Question

Under what circumstance does the first-instance court issue an order terminating the proceedings (încetarea procesului) rather than leaving the claim without examination (scoaterea cererii de pe rol) under the Moldovan Civil Procedure Code?

Civil Litigation Drafting

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Question

An advocate receives a client summoned in an expedited order proceeding (procedura ordonanței judecătorești). What is the primary characteristic of this simplified procedure under Article 344 CPC RM?

Civil Litigation Drafting

Question · Easy

Question

When an advocate represents multiple co-claimants or co-defendants in a single lawsuit under Article 61 CPC RM (coparticiparea procesuală), what ethical and procedural constraint must the advocate evaluate prior to accepting joint representation?

Civil Litigation Drafting

Question · Medium

Question

In drafting an application for the restoration of an expired procedural deadline (repunerea în termenul omis) under Article 116 CPC RM, what two mandatory components must the advocate include?

Civil Litigation Drafting

Question · Medium

Question

An advocate prepares an appeal (apel) against a first-instance decision. Under Article 367 CPC RM, what is the legal consequence if the appellant introduces entirely new substantive claims (pretenții noi) that were never submitted during the first-instance proceedings?

Civil Litigation Drafting

Question · Hard

Question

What is the legal effect of a judicial settlement (tranzacție de împăcare) approved by a final court conclusion under Article 227 of the Moldovan Civil Procedure Code?

Civil Litigation Drafting

Question · Easy

Question

An advocate files an appeal against an interlocutory court conclusion (încheiere judecătorească) that rejected an application for securing the action. What type of appeal is this under the Moldovan Civil Procedure Code, and what is the deadline?

Civil Litigation Drafting

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Question

A defendant's advocate notes that the plaintiff filed an action before the Chișinău Court (Centru seat) regarding ownership of an agricultural land plot located in Cahul district. What procedural objection should the advocate file in the statement of defense (referință)?

Civil Litigation Drafting

Question · Medium

Question

How may a civil court obtain witness testimony when personal appearance before the trial court is impossible for objectively justified reasons?

Civil Litigation Drafting

Question · Easy

Question

During the examination of a civil lawsuit, the claimant dies. The dispute concerns the recovery of a monetary debt grounded in a personal loan agreement. What procedural measure must the judge order under Article 260 CPC RM?

Civil Litigation Drafting

Question · Medium

Question

A licensing authority intends to reject an application on the basis of an adverse inspection report that the applicant has never seen. No urgent statutory exception applies. What should the applicant's advocate request before the individual administrative act is issued?

Administrative Procedure

Question · Hard

Question

A statute gives a public authority discretion to select a regulatory measure. On judicial review, what is the proper way to test the authority's exercise of that discretion?

Administrative Procedure

Question · Easy

Question

A claimant files an action for eviction against a commercial tenant. The tenant's advocate discovers that the lease contract contains an express, valid, and enforceable arbitration agreement (convenție arbitrală). When and how must the advocate raise this defense under Article 267(b) CPC RM?

Civil Litigation Drafting

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Question

An advocate seeks to file a petition for revision (cerere de revizuire) of an irrevocable civil judgment under Article 449 CPC RM. Which of the following circumstances serves as a valid statutory ground for revision?

Civil Litigation Drafting

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Question

In drafting a statement of claim for damages resulting from an illegal act committed by a public authority under the Administrative Code and Civil Code of Moldova, what procedural prerequisite must the advocate verify before submitting the claim to the competent court?

Administrative Procedure

Question · Hard

Question

A suspect is detained by police on suspicion of grand theft. Under Article 166 of the Criminal Procedure Code of Moldova, what is the maximum duration for which a natural person may be detained (reținerea) without a judicial warrant issued by an investigating judge?

Criminal Defense Procedure

Question · Easy

Question

An advocate represents an accused person against whom the prosecutor has requested 30 days of preventive arrest (arest preventiv). Under Article 185 CPP RM and ECHR case law, what legal argument should the advocate prioritize to resist detention?

Criminal Defense Procedure

Question · Medium

Question

A criminal investigator searches a suspect's home without a judicial warrant issued by an investigating judge, invoking 'urgent circumstances' under Article 125(4) CPP RM. What procedural act must the prosecutor submit, and within what statutory timeframe, to ensure the legality of the search?

Criminal Defense Procedure

Question · Medium

Question

An advocate seeks to challenge the refusal of a criminal prosecution body to initiate criminal proceedings or to challenge the prosecutor's order dismissing a case. Under Article 313 CPP RM, to which authority is the complaint submitted and within what deadline?

Criminal Defense Procedure

Question · Easy

Question

During a murder investigation, police officers interrogate a suspect without notifying them of their right to remain silent and without the mandatory presence of an advocate, securing a written confession. At trial, what motion should defense counsel file, and on what legal basis under Article 94 CPP RM?

Criminal Defense Procedure

Question · Hard

Question

An advocate participates in a search conducted at the client's corporate office. The investigator attempts to seize all computers, servers, and original correspondence without drawing up an itemized inventory in the search protocol. What must the advocate do on the spot to protect the client's interests under Article 128 CPP RM?

Criminal Defense Procedure

Question · Medium

Question

Under Article 69 of the Moldovan Criminal Procedure Code, in which of the following circumstances is the participation of a defense advocate mandatory from the moment of suspect designation?

Criminal Defense Procedure

Question · Easy

Question

In a contravention case, the finding agent relies only on a disputed report, while time-stamped video supports the accused person's account. How should the advocate frame the burden-of-proof argument?

Contravention Law

Question · Medium

Question

An advocate discovers that police intercepted phone conversations between the advocate and their client without an extraordinary warrant. Under Law No. 1260/2002 on Advocacy and Article 132^2 CPP RM, how does the law treat intercepted communications between an advocate and their client?

Criminal Defense Procedure

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Question

A defendant admits full guilt at the preliminary hearing, agrees with the evidence collected by the prosecution, and does not request the administration of new evidence. Under Article 364^1 CPP RM, what simplified procedure may the advocate request on the defendant's behalf?

Criminal Defense Procedure

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Question

What is the statutory deadline under Article 402 of the Moldovan Criminal Procedure Code for an ordinary appeal (apel) against a first-instance criminal sentence?

Criminal Defense Procedure

Question · Easy

Question

An advocate is negotiating a plea agreement (acord de recunoaștere a vinovăției) with the prosecutor under Chapter II of Title II of the Special Part of the CPP RM (Articles 504–509). Which of the following conditions must be satisfied for the plea agreement to be valid?

Criminal Defense Procedure

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Question

During the examination of a criminal case on appeal, the prosecutor introduces testimony from an undercover investigator whose identity was never revealed to the defense and whose cross-examination was entirely denied. How should the advocate structure the objection under Article 6 of the ECHR and the Moldovan CPP?

Criminal Defense Procedure

Question · Hard

Question

An advocate represents an accused person placed under judicial control (control judiciar) under Article 190 CPP RM. The client wishes to travel abroad for urgent specialized medical treatment. What procedural step must the advocate take?

Criminal Defense Procedure

Question · Medium

Question

Under Article 68 of the Moldovan Criminal Procedure Code, what fundamental defense right is guaranteed to an advocate immediately following their client's detention or arrest?

Criminal Defense Procedure

Question · Easy

Question

A public authority denies a business permit in a one-line letter stating only 'not in the public interest.' The administrative file contains disputed facts and no explanation of how the statutory criteria were applied. What is the strongest public-law objection?

Administrative Procedure

Question · Medium

Question

In a criminal trial involving multiple co-defendants, Defendant A makes statements incriminating Defendant B. Advocate X is asked to represent both Defendant A and Defendant B. What is Advocate X's professional and legal obligation under Article 68 CPP RM and the Code of Ethics?

Criminal Defense Procedure

Question · Hard

Question

Under Article 422 of the Moldovan Criminal Procedure Code, what is the statutory deadline for filing a cassation appeal (recurs) against a decision rendered by the criminal chamber of the Court of Appeal?

Criminal Defense Procedure

Question · Easy

Question

A demolition order will be executed before an administrative court can decide the merits. The claim identifies serious legality defects and evidence that demolition would irreversibly destroy the applicant's property. What interim remedy should the advocate seek?

Administrative Procedure

Question · Medium

Question

An advocate learns that an investigating judge who authorized preventive arrest for their client previously participated in the same case as a prosecutor who drafted the initial indictment. What procedural act must the advocate formulate immediately under Article 50 and Article 54 CPP RM?

Criminal Defense Procedure

Question · Medium

Question

Under Articles 293–294 of the Moldovan Criminal Procedure Code, what procedural step allows the defense to study the case materials when the prosecution considers the investigation complete?

Criminal Defense Procedure

Question · Easy

Question

During a trial, the prosecution calls an eyewitness who claims to have seen the defendant commit a burglary at midnight. The advocate possesses time-stamped hospital emergency records proving the defendant was undergoing emergency surgery in another city at that exact hour. What procedural act and evidentiary rule should the advocate deploy?

Criminal Defense Procedure

Question · Hard

Question

A prosecutor requests the investigating judge to order an in-patient psychiatric forensic examination of an accused person under Article 143 CPP RM. Under what statutory circumstance is a forensic psychiatric evaluation mandatory in Moldovan criminal proceedings?

Criminal Defense Procedure

Question · Medium

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