PracticeVideosBlogFlashcards
All Practice Exams

Free Practice Questions for Concours ISM Magistrature

Exam-style questions and explanations by OpenExamPrep.

✓ No registration✓ No credit card
30+ Questions
100% Free

Loading practice questions...

Sample Concours ISM Magistrature Practice Questions

Try these sample questions to review concepts for the Concours ISM Magistrature exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 30+ question experience with AI tutoring.

1Which set identifies the COC's essential validity elements for obligations arising from a declaration of will?
A.Capacity, consent, payment and delivery in every case
B.Capacity, consent, written proof and fiscal registration in every case
C.Capacity, valid consent, a permissible certain object and a lawful cause
D.Consent and a stated price alone, regardless of capacity or object
Explanation: The COC identifies capacity, a valid declaration of will, a certain object capable of forming an obligation, and lawful cause. Special formalities may also apply to particular transactions but do not replace these general elements.
2What does force obligatoire mean for a validly formed contract under the Tunisian COC?
A.It binds the parties, subject to mutual consent and legally available grounds for revocation
B.Either party can withdraw whenever performance becomes inconvenient
C.Only an authentic deed can ever bind its parties
D.It binds only after every obligation has been performed
Explanation: Valid contractual obligations have binding force between their parties. The COC recognizes mutual consent and grounds provided by law rather than a general right to abandon an inconvenient agreement.
3In a reciprocal contract, one party fails to perform and is in default. Which approach reflects the COC's ordinary breach-remedy framework?
A.The creditor is confined to damages even where performance remains possible
B.Default automatically resolves every reciprocal contract without judicial intervention or a relevant clause
C.The creditor may obtain resolution but can never claim accompanying damages
D.The creditor may seek performance if possible or judicial resolution, with damages where justified
Explanation: The COC provides a choice between pursuing performance and requesting judicial resolution in the stated breach setting. Damages require their applicable conditions; neither breach nor frustration authorizes private seizure.
4A creditor proves a TND 10,000 obligation. The debtor admits its original validity but asserts a TND 4,000 payment and a later release of the balance, supplying no proof of either. How should the COC burden-of-proof rules be applied?
A.The creditor must independently disprove both asserted modes of discharge before the debtor has any burden
B.The debtor must establish the asserted payment and release, while the original obligation has already been proved
C.The admitted original debt shifts no burden concerning later events
D.The debtor must prove payment but the creditor must disprove release solely because release is alleged
Explanation: The COC distinguishes proof of an obligation from proof of its extinction. The creditor has established the original debt; the debtor must prove the facts supporting both the alleged partial payment and the alleged release of the remainder.
5A defendant's mental incapacity is raised in a Tunisian criminal case. Which time is central to evaluating the Code Pénal ground concerning démence?
A.The time when the alleged act was committed
B.Only the time of the first psychiatric examination, regardless of the state during the act
C.Only the time of trial, regardless of the state during the act
D.Any earlier diagnosis, even if the condition had ceased before the act
Explanation: The criminal responsibility inquiry concerns the defendant's mental state at the time of the act. A later diagnosis may provide evidence but should not simply be substituted for that temporal question.
6Which situation most clearly raises abus de confiance rather than an initial fraudulent taking?
A.A shopper mistakenly takes an identical umbrella
B.A seller delivers late because transport was delayed
C.An agent fraudulently diverts funds entrusted for a specified purpose
D.A thief takes property never entrusted to them
Explanation: Breach of trust concerns fraudulent diversion of property previously entrusted subject to return or a specified use. The entrustment distinguishes this pattern from an initial theft.
7Which task characterizes police judiciaire in the Tunisian CPP's investigative framework?
A.Opening instruction as a substitute for the investigating judge
B.Investigating offenses and collecting information and evidence within legal powers
C.Deciding the trial referral within the chambre d'accusation's competence
D.Determining guilt conclusively by the arrest report
Explanation: Judicial-police functions concern investigation and collection of evidence under the CPP's allocation of powers. They must be distinguished from adjudication and the final decision on guilt.
8What is the basic function of a commission rogatoire issued during instruction?
A.Ordering the accused to appear, which is its sole function
B.Transferring all investigative powers without limits to any chosen recipient
C.Sending the completed case directly to the trial court
D.Delegating specified investigative acts to a legally authorized recipient
Explanation: A commission rogatoire delegates investigative work within the powers and limits prescribed by the CPP. It does not confer an unrestricted power to conduct every act or decide the criminal case.
9An investigating judge finds insufficient charges to send the accused for trial. Which type of order addresses that conclusion at the investigation stage?
A.Ordonnance de non-lieu
B.Ordonnance de renvoi for trial despite the insufficient charges
C.A trial judgment of acquittal issued by the investigating judge
D.A detention order as the final disposition of the insufficient charges
Explanation: A non-lieu disposes of the investigation where the legal grounds or sufficient charges for prosecution are absent. It is distinct from a trial judgment and remains subject to the applicable procedural remedies.
10Which role belongs to the chambre d'accusation in the criminal investigation framework?
A.Conducting the final criminal trial on the merits in every referred case
B.Exercising only the prosecutor's administrative supervision of police
C.Reviewing investigative decisions and determining referral where the CPP so provides
D.Hearing ordinary civil appeals as its principal investigative function
Explanation: The chambre d'accusation exercises the CPP's second-level investigative functions, including review and referral decisions. Its role is distinct from the trial court's final judgment on guilt.

About the Concours ISM Magistrature Exam

Independent practice by OpenExamPrep for Tunisia's judicial entrance competition. These 30 questions are an English-language MCQ study adaptation, not an official translation or format simulation. Written general legal culture and oral presentations/discussion are in Arabic; legal written papers may be answered in Arabic or French under articles 17–18 of the 2022 rules. MCQs do not replace legal essays, case analysis, oral performance or the wider official program.

Exam sponsor: Ministère de la Justice and Institut Supérieur de la Magistrature (ISM). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written: general legal culture, business law, civil/commercial procedure, criminal law and criminal procedure, each four hours. Oral: commercial law; special criminal law covering public order, public officials, persons and property; land law including registration and title updating; personal status and Islamic jurisprudence. The written rubric allocates up to 16/20 to method/content and 4/20 to language/style. Aptitude checks accompany admission; judicial training follows success in the competition.

Time Limit

Five 4-hour written papers; each oral subject has 15 minutes of preparation followed by a 10-minute presentation and 15-minute discussion.

Passing Score

Written average at least 10/20 and normally no mark below 8/20; 2024 exception: a floor of 6/20 if every other written mark is at least 14/20. Final overall average at least 10/20, required aptitude and merit ranking within available places.

Exam / Certification Fees

not-published

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

20% of this bank

Business law foundations

Contracts, burdens of proof and selected SARL/SA decisions.

20% of this bank

Criminal law

Responsibility, criminal characterization and consequences.

20% of this bank

Criminal procedure

Investigative roles, instruction and trial evidence.

20% of this bank

Civil and commercial procedure

Jurisdiction, adversarial process and provisional/executory measures.

20% of this bank

General legal culture and method

Reasoned analysis, operative sources and precise legal vocabulary.

Preparing for the Concours ISM Magistrature Exam

What You Need to Know

  • Passing score: Written average at least 10/20 and normally no mark below 8/20; 2024 exception: a floor of 6/20 if every other written mark is at least 14/20. Final overall average at least 10/20, required aptitude and merit ranking within available places.
  • Assessment: Written: general legal culture, business law, civil/commercial procedure, criminal law and criminal procedure, each four hours. Oral: commercial law; special criminal law covering public order, public officials, persons and property; land law including registration and title updating; personal status and Islamic jurisprudence. The written rubric allocates up to 16/20 to method/content and 4/20 to language/style. Aptitude checks accompany admission; judicial training follows success in the competition.
  • Time limit: Five 4-hour written papers; each oral subject has 15 minutes of preparation followed by a 10-minute presentation and 15-minute discussion.
  • Exam / certification fees: not-published Official sources

Using Our Practice Resources

  • Work through all 30 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Concours ISM Magistrature: Suggested Study Strategy

1Read the 2024 program together with the unchanged procedural and language clauses of the 2022 rules.
2Write timed answers that state the issue, governing rule, application and supported conclusion.
3Practice Arabic legal culture essays and Arabic oral discussion; verify language choices for legal written papers.
4Study oral land law and personal status separately from these selected written-paper foundations.
5Check current statutory text before relying on an older consolidated code.

Frequently Asked Questions

Is the competition active in 2026?

The Ministry published final results on 9 October 2026 for the December 2025 competition. That confirms an active recruitment cycle, not a separately announced new 2026 sitting.

Does a law licence alone establish eligibility?

No. The ordinary route requires the specified higher legal qualification. The transitional route for qualifying earlier entrants must be checked against the decree and the current notice.

What further preparation is needed?

Use the full 2024 program and practice four-hour legal writing, Arabic oral exposition, and the additional oral subjects. This short foundation bank does not comprehensively cover land law or personal status/Islamic jurisprudence.