Basic Concepts of Law

Question 1

Public law

Answer 1

the government as such plays a rule -> criminal law, constitutional law, administrative law and public international law

Question 2

Private Law:

Answer 2

deals with mutual relations between citizens
-> government plays no role
-> property law, contract law, tort law etc

Question 3

Substantive Law

Answer 3

rules that give people rights and determine what people should do

Question 4

Procedural law

Answer 4

rules for court procedures and for the organization of the judiciary
-> civil procedure, criminal procedure & administrative procedure

Question 5

legal rules

Answer 5

impose duties upon and attribute competences and rights to legal subjects
- Natural persons: human beings (protected by human rights)
- legal persons: organizations that have received the status of legal subject (perform juridicial acts, hold a claim)

Question 6

Rules

Answer 6

legal rule: structure: conditional, applicable if facts satisfy, operative facts: fact of a case that match of rule, has to leave

Question 7

juridicial act

Answer 7

a juridicial act is an act performed with the intention to bring about legal consequences

Question 8

null and void

Answer 8

when someone is trying to perform a juridical act they don’t have the competencies to

Question 9

Duties and Prohibitions

Answer 9

if you have a duty, you’re obligated to do it
1. the agent who has the duty
2. the kind of action the agent must perform

• meant to guide person’s behaviour -> therefore addressed at one or multiple people
• prohibition: duty to refrain from sth

Question 10

Permissions

Answer 10

• generally everybody is permitted to do everything that is not explicitly forbidden
• strong permission: exception of the rule
• weak permission: meant for everyone

any kind of action may be the object of permission

Question 11

permissive rules and explicit permissions

Answer 11

when a (group of) person(s) has the permission to do sth that is generally prohibited

Question 12

Competence vs Permission

Answer 12

Competence: precondition for the intentional creation of a legal consequence by measn of a juridicial act

Permission: deals with sth someone is allowed to do

Question 13

Claims & Obligations

Answer 13

Claims: relative-/ personal rights, the result of events to which private law attaches an obligation as its legal consequence

Obligation: there is a creditor involved, what the debtor is obligated to do in favour of the creditor
-> duty has no creditor
-> if one fails a duty, one has the obligation to compensate the damage to the creditor

Question 14

Rights

Answer 14

1. represents interests that are protected by the law
2. rights are like pincushions -> different legal positions grouped together

Question 15

Fundamental rights

Answer 15

rights human beings hold against their government, human rights