Mongolian Bar Examination (Хуульчийн мэргэжлийн шалгалт, Mongolia)

The State Great Hural (Улсын Их Хурал) is the highest organ of state power under Article 20 of the Constitution. Under Article 24, how are its Chair and Vice-Chairs chosen?

• AThe President appoints both from among the members after consulting the party groups
• BMembers elect them by secret ballot for a two-year term, renewable once
• CMembers elect them by open vote, with a Vice-Chair from each party or coalition group
• DThe largest party group names the Chair, and the Constitutional Tsets confirms it

Members of the 126-seat State Great Hural conclude that it can no longer exercise its powers. Under Article 22 of the Constitution, how may the Hural dissolve itself, and what follows?

• ABy a vote of at least two-thirds of all members; an election is called within 10 days and…
• BBy a simple majority of members present; the President then governs by decree until the n…
• COnly by a Constitutional Tsets ruling; the Government calls an election within six months
• DBy a vote of three-quarters of all members; the Hural's powers end on the day of the vote

Under Article 21 of the Constitution of Mongolia, what are the minimum age for election to the State Great Hural and the length of a member's term?

• A21 years of age; a four-year term
• B25 years of age; a five-year term
• C30 years of age; a four-year term
• D25 years of age; a four-year term

According to Article 26.1 of the Constitution, who has the right of legislative initiative?

• AMembers of the State Great Hural and the Government only, not the President
• BThe President, members of the State Great Hural, and the Government
• CThe President, members of the State Great Hural, the Government, and the Supreme Court
• DMembers of the State Great Hural, the Government, and the Prosecutor General

The President vetoes a law passed by the State Great Hural. Under Article 33.1.1 of the Constitution, what vote keeps the law in force despite the veto?

• AA simple majority of all members of the State Great Hural
• BThree-quarters of all members of the State Great Hural
• CTwo-thirds of the members participating in the session who decline to accept the veto
• DTwo-thirds of the full statutory membership of 126, including members absent from the ses…

Under Article 30.2 of the Constitution as amended in 2019, which person meets the requirements to be elected President of Mongolia?

• AA naturalized citizen aged 50 who has lived in Mongolia for the last ten years
• BAn indigenous citizen aged 52 who has permanently resided in Mongolia for at least the la…
• CAn indigenous citizen aged 46 who has permanently resided in Mongolia for the last six ye…
• DAn indigenous citizen aged 55 who returned to Mongolia two years ago after living abroad

After a State Great Hural election in which one party wins a majority of seats, how is the Prime Minister put forward under Article 39.2 of the Constitution?

• AThe President chooses any member of the State Great Hural and appoints that person by dec…
• BThe Chairman of the State Great Hural nominates the Prime Minister and the Hural confirms
• CThe Prime Minister is elected by direct popular vote held on the same day as the State Gr…
• DThe President must submit the majority party's nominee within five days for the Hural to…

Under Article 43.1 of the Constitution, what is needed to table and then pass a motion to dismiss the Prime Minister?

• AOne quarter of members may propose it; it passes with a majority of all members
• BOne third of members may propose it; it passes with two-thirds of members present
• COnly the President may propose it; it passes with a majority of members present
• DOne fifth of members may propose it; it passes with a majority of members present

Under Article 10 of the Constitution, when does an international treaty of Mongolia operate as domestic legislation?

• AOnly after the Constitutional Tsets issues a formal finding that the treaty fully conform…
• BWhen the law on its ratification or accession enters into force, unless it conflicts with…
• COnly after the Government adopts a separate implementing regulation for each treaty provi…
• DImmediately upon signature by the President, whether or not the State Great Hural ratifie…

During a declared state of emergency, the State Great Hural restricts several human rights by law. Under Article 19.2 of the Constitution, which rights may such a law NOT affect?

• AFreedom of movement, choice of residence, and the right to travel abroad
• BFreedom of peaceful assembly, freedom of the press, and freedom of expression
• CThe right to strike, the right to form associations, and the right to petition
• DThe right to life, freedom of belief and religion, and freedom from torture or cruel trea…

Which statement accurately reflects Article 6.3 of the Constitution on land ownership?

• AOnly citizens may own such land (not pastures, public-use or special-need land), and they…
• BA company with foreign investment may own land if the Government approves the purchase an…
• CA citizen who owns a land plot also owns the subsoil and any minerals found beneath it
• DPastureland may be privatized to herder families who have used it continuously for ten ye…

Which of the following is NOT a power of the Supreme Court of Mongolia under Article 50.1 of the Constitution?

• AGiving official interpretations on the correct application of laws other than the Constit…
• BReviewing lower-court decisions through appeal and supervisory (cassation) procedure
• CDeciding whether a law conforms to the Constitution
• DDeciding matters on the protection of the law and human rights referred by the Constituti…

A candidate is being considered for the Constitutional Tsets (Үндсэн хуулийн цэц). Which statement is correct under Article 65 of the Constitution?

• AThe State Great Hural elects the Tsets Chair from outside the membership for a six-year t…
• BA sitting Supreme Court judge may join the Tsets while keeping the judicial post
• CThe candidate must be a citizen aged at least 40 with high legal and political qualificat…
• DThe candidate may be appointed for four years and reappointed without limit

The Constitutional Tsets issues a finding (дүгнэлт) that a law violates the Constitution, and the State Great Hural refuses to accept the finding. What happens next under Article 66.3?

• AThe Tsets re-examines the matter and makes a final decision
• BThe law stays in force permanently because the Hural has the last word on legislation
• CThe President decides the dispute by decree after consulting the National Security Council
• DThe Supreme Court reviews the finding on supervisory appeal and decides it

Under Article 15 of the Civil Code of Mongolia, when does a citizen acquire full civil legal capacity (иргэний эрх зүйн бүрэн чадамж)?

• AAt 16, although a court may postpone it to 18 at the parents' request
• BAt 18; a court may also declare a 16- to 18-year-old fully capable at his request with pa…
• CAt 18, or automatically on marriage, which confers full capacity at any earlier age
• DAt 21, although a court may lower it to 18 for a working student

A 15-year-old works part time. Which transaction may she make without her parents' written consent under Article 16 of the Civil Code?

• ASelling an apartment she inherited from her grandmother last year
• BTaking a consumer loan from a bank in her own name
• CGuaranteeing a friend's debt to a shop
• DSpending her own wages and depositing them in a bank account

Which of these transactions is void by operation of law (хүчин төгөлдөр бус байх хэлцэл) under Article 56.1 of the Civil Code, rather than merely voidable?

• AA sham transaction made only for appearance, without intending its legal effects
• BA sale the buyer entered into because the seller deceived him about the goods
• CA contract signed after the other party threatened violence against the signer's family
• DA purchase made under a serious mistake about the nature of the transaction

A seller signed a sale contract only because the buyer threatened to harm his family. Within what period must he raise his claim to have the transaction declared invalid, under Article 60.3 of the Civil Code?

• AWithin three months after the threat ends
• BWithin three years, the ordinary limitation period for claims arising from contracts
• CWithin one year after the transaction was made
• DWithin ten years, the general limitation period

The law requires a transaction to be notarized. The buyer paid the full price and the seller accepted it, but the seller now refuses to have the contract notarized. What may the court do under Article 42.5 of the Civil Code?

• ANothing: an unnotarized transaction is void and each side must return what it received
• BOrder the notary to certify the contract without the seller's signature
• CAt the performing party's claim, deem the transaction concluded
• DImpose an administrative fine on the seller and leave the transaction unenforceable

A written power of attorney names the agent and powers but states no expiry date. How long does it remain valid under Article 64.5 of the Civil Code?

• AOne year from the date it was issued
• BUntil the principal revokes it in writing
• CThree years from the date it was issued
• DSix months from the date it was issued

An agent holding a two-year power of attorney wants to transfer his authority to a colleague. Which statement is correct under Article 62 of the Civil Code?

• AAlways allowed, and the colleague may receive a longer term than the original power of at…
• BNever allowed, because an agent must always perform the authorized acts personally
• CAllowed as soon as the colleague signs a written acceptance of the delegated authority
• DAllowed if the power permits it or the principal's interests require it, never for longer…

Under Article 75 of the Civil Code, what limitation period applies to a claim arising from a contractual obligation relating to immovable property?

• AThree years
• BSix years
• CFive years
• DTen years

A buyer signs a notarized purchase contract for an apartment, pays the price and receives the keys. When does ownership pass to the buyer under Article 110.1 of the Civil Code?

• AWhen the contract is notarized
• BWhen the full price is paid
• CWhen the transaction is registered with the property registration office
• DWhen the keys are handed over and the buyer moves in with the seller's consent

Unless the law or the contract provides otherwise, when does ownership of a movable item pass to the buyer under Article 111.1 of the Civil Code?

• AWhen the item is transferred into the buyer's possession
• BWhen the sale contract is signed
• CWhen the sale is registered with the tax office
• DWhen the seller issues a receipt, even if the item stays with the seller

A person registered as the owner of a house in the state registry sells it, although the true owner is someone else. Under Article 109.3 of the Civil Code, how is the registered seller treated as regards the buyer?

• AThe sale is void because nobody can transfer more rights than he has
• BHe is treated as the owner for the buyer, unless the buyer knew he was not the owner
• CThe buyer acquires ownership only if the true owner later consents in writing
• DThe buyer acquires ownership only after possessing the house openly and in good faith for…

A bank and a borrower sign a contract pledging the borrower's apartment. Which formal requirement is mandatory for this pledge contract under Article 156 of the Civil Code?

• AOral agreement plus delivery of the ownership certificate to the bank
• BWritten form and notarization, with state registration left optional
• CNotarization only, with registration at the parties' discretion
• DWritten form and state registration; notarization is optional unless a law requires it

A contract sets late-payment interest (алданги) of 0.5% per day. The unpaid amount is 10,000,000 MNT and payment is 150 days late. What is the maximum penalty the creditor can recover under Article 232 of the Civil Code?

• A7,500,000 MNT
• B750,000 MNT
• C5,000,000 MNT
• D15,000,000 MNT

A buyer paid an earnest deposit (дэнчин) when signing a contract, then failed to perform and is responsible for the breach. What happens to the deposit under Article 233.3 of the Civil Code?

• AThe seller keeps the deposit, and it is counted toward the seller's damages
• BThe seller must return the deposit because the contract was not performed as agreed
• CThe seller must return double the deposit
• DThe deposit is paid into the state budget

A plaintiff sues for damage caused by the defendant's unlawful act. Under Article 497 of the Civil Code, who bears the burden regarding fault?

• AThe plaintiff must prove the defendant's intent beyond reasonable doubt
• BThe plaintiff must prove the defendant's negligence by clear and convincing evidence
• CNo fault is ever relevant, because all tort liability in Mongolia is strict
• DThe defendant is released only if he proves the harm was not his fault

While delivering goods for his employer, a driver culpably damages a customer's property. Under Article 498 of the Civil Code, who compensates the customer, and when can the payer recover from the driver?

• AOnly the driver personally, because an employer answers only for harm caused by its own m…
• BThe employer, which may recover from a driver who acted with direct intent or gross negli…
• CThe employer, with no right ever to recover from the driver
• DThe customer's own insurer only

A bus operator's vehicle injures a pedestrian. Under Article 499 of the Civil Code, when is the operator released from liability?

• AWhen the operator proves it was not at fault
• BWhen the damage resulted from force majeure (an unforeseeable, irresistible event)
• CWhen the vehicle had passed its technical inspection
• DWhen the driver was a hired employee rather than the owner or registered possessor

A person was unlawfully charged and detained, and the case was later dropped. Under Article 498.4 of the Civil Code, who compensates the resulting damage?

• AThe investigator personally, but only if he acted intentionally or with gross negligence
• BNo one, because the investigation was an exercise of state authority
• CThe state, regardless of whether the investigator, prosecutor or judge was at fault
• DThe victim of the original crime who reported the suspect

Who are the statutory heirs listed first in Article 520.1.1 of the Civil Code?

• AGrandparents, siblings and grandchildren of the deceased, in equal shares
• BOnly the children of the deceased, who share the estate equally
• CAnyone who lived in the deceased's household during the final year
• DThe spouse, children (including adopted and posthumous) and natural or adoptive parents

A testator with one minor child and no other statutory heirs wills his entire separately owned estate of 120,000,000 MNT to a friend. Under Article 522.3 of the Civil Code, what is the minimum the child must receive?

• ANothing, because the will controls
• B40,000,000 MNT
• C80,000,000 MNT
• D60,000,000 MNT

Which will satisfies the form requirements of Article 523 of the Civil Code?

• AA handwritten will signed by the testator and two adult witnesses, kept at home and never…
• BA video-recorded oral will made in front of family members
• CA written will stating its place and date, made by a soldier and certified by his unit's…
• DA typed will emailed to the testator's lawyer

An heir lived with the deceased until the death. Under Article 528.1 of the Civil Code, when is this heir deemed to have accepted the inheritance?

• AOnly after he applies to a notary for acceptance within six months of the death
• BUnless he notifies a notary (or a governor where there is none) of refusal within three m…
• COnly after he takes possession of the estate within one year of the death
• DOnly after a court issues him a certificate of inheritance

Unless a law or contract provides otherwise, where must a civil claim be filed under Article 14.1 of the Law on Civil Procedure (Иргэний хэрэг шүүхэд хянан шийдвэрлэх тухай хууль)?

• AIn the court of the place where the defendant resides
• BIn the court of the place where the plaintiff resides or works
• CIn any court the plaintiff chooses
• DAlways in a court in Ulaanbaatar

The plaintiff lives in Ulaanbaatar and sues a defendant living in Erdenet over ownership of an apartment located in Darkhan. Which court has territorial jurisdiction under the Law on Civil Procedure?

• AA district court in Ulaanbaatar, where the plaintiff lives
• BThe court in Erdenet, where the defendant is registered as living
• CThe court where the apartment is located, in Darkhan
• DThe Supreme Court, because ownership of real estate is involved

Under Article 38 of the Law on Civil Procedure, who must present and collect the evidence supporting a party's claims or objections?

• AThe court, which must investigate all facts without relying on the parties
• BThe prosecutor assigned to the case, who gathers evidence for both sides
• CThe court clerk, who collects evidence once the claim is registered
• DThe party itself; the court may compel the other side to produce evidence on request

The plaintiff and her advocate fail to appear at a civil hearing without a valid reason. Under Article 100.2 of the Law on Civil Procedure, what may the court do at the defendant's request?

• ADecide the case in her absence on the evidence, or return the claim
• BEnter a default judgment against the plaintiff without examining any evidence
• CFine the plaintiff and postpone the hearing indefinitely
• DRefer the case to the prosecutor for investigation

A court in an aimag centre accepts a claim and opens a civil case. Under Article 72 of the Law on Civil Procedure, what are the service and response deadlines?

• AServe within 7 days; the defendant replies within 7 days of receipt
• BServe within 30 days; the defendant replies within 30 days of receipt
• CServe within 14 days; the defendant replies within 14 days or by the judge's date
• DServe within 3 days; the defendant replies within 45 days of receipt

Under Article 120.2 of the Law on Civil Procedure, within what period may a party appeal a first-instance civil decision to the aimag or capital city court?

• AWithin 7 days after the decision is announced
• BWithin 30 days after the decision is announced
• CWithin 3 months after the decision becomes final
• DWithin 14 days after receiving the decision

Which ground does NOT support a supervisory (cassation) complaint to the Supreme Court under Article 172.2 of the Law on Civil Procedure?

• AEliminating differences in how courts apply the law
• BA serious procedural violation that affected the decision
• CApplication of a law contrary to a Supreme Court resolution or interpretation
• DDisagreement with how the lower courts weighed the credibility of a witness

A claim for compensation for bodily injury is being prepared. Under Article 15.1 of the Law on Civil Procedure, where may it be filed?

• AEither the defendant's or the plaintiff's place of residence
• BOnly the court for the place where the injury occurred
• COnly the court for the defendant's place of residence
• DOnly the court for the plaintiff's place of residence

Which statement reflects Article 1.2 of the Criminal Code of Mongolia (2015, as amended)?

• ACourts may punish socially dangerous acts not listed in the Code by analogy to the most s…
• BCrimes and liability are defined only by the Criminal Code, which is not applied by analo…
• CAdministrative normative acts may create new criminal offences where the Code is silent
• DCustom may supply criminal liability where a statute is unclear

After a person commits a crime, a new law reduces the maximum penalty for that crime. Under Article 1.9 of the Criminal Code, how does the new law apply?

• AIt never applies to acts committed before it entered into force, even in pending cases
• BIt applies only to cases that have not yet been sent to court for trial
• CIt applies retroactively, and earlier sentences are reduced to the new limit
• DIt applies only if the prosecutor consents

Under Article 1.7 of the Criminal Code, which request for extradition must Mongolia refuse?

• AA treaty-based request for a foreign national who faces an ordinary prison term abroad
• BA request for a stateless person who does not reside permanently in Mongolia, made under…
• CA request for a foreign national who would face the death penalty or torture there
• DA request for a foreign national accused of fraud committed in the requesting state

A driver knows he is speeding in a crowded area and foresees that he might hit someone, but assumes he can avoid it; he then injures a pedestrian. Which form of guilt applies under Article 2.3 of the Criminal Code?

• AIntent, because he knew his conduct was unlawful
• BNegligence, because he foresaw possible harm but counted on avoiding it
• CMixed guilt under Article 2.4, because the harm was intended
• DNo guilt, because he did not wish to cause harm