Business law topic 1 Flashcards
The concept of “subjective law” refers to:
a) The organized set of rules enforced in society.
b) The power of a person to demand something from another in a coercive manner.
c) The fundamental principles underlying the legal system.
d) The rights derived from the decisions of a court.
The concept of “subjective law” refers to:
Answer: b) The power of a person to demand something from another in a coercive manner.
Explanation: Subjective law refers to the rights of individuals, allowing them to demand certain actions or refrains from others, including the ability to seek enforcement through courts if necessary.
According to the Civil Code, when must the buyer pay for the purchase if the contract does not specify the time and place?
a) At the time and place of contract signing.
b) At the time and place where the item sold is delivered.
c) At a time and place agreed upon by both parties at a later date.
d) Within 30 days of receiving an invoice for the sale.
According to the Civil Code, when must the buyer pay for the purchase if the contract does not specify the time and place?
Answer: b) At the time and place where the item sold is delivered.
Explanation: This aligns with the principles outlined in the Civil Code, ensuring that payment coincides with the transfer of possession.
The distinction between “law” and “justice” signifies:
a) That laws must always align with moral principles of justice.
b) That legal rules must be followed regardless of their perceived fairness.
c) That all legal rules are inherently just.
d) That laws are suggestions and following them depends on their alignment with justice.
The distinction between “law” and “justice” signifies:
Answer: b) That legal rules must be followed regardless of their perceived fairness.
Explanation: Law refers to the codified rules governing behavior, which may not always align with individual perceptions of justice or fairness.
Mandatory rules are characterized by:
a) Offering options for conduct to parties involved.
b) Imposing or prohibiting certain conduct absolutely.
c) Governing only in the absence of an agreement by the parties.
d) Being recommendations that can be ignored without legal consequences.
Mandatory rules are characterized by:
Answer: b) Imposing or prohibiting certain conduct absolutely.
Explanation: Mandatory rules are those that must be followed under the law, without room for discretion based on parties’ agreements.
The hierarchy of legal provisions places which of the following at the top?
a) The laws of autonomous communities.
b) Ministerial orders.
c) The Spanish Constitution.
d) International treaties not integrated into domestic law.
The hierarchy of legal provisions places which of the following at the top?
Answer: c) The Spanish Constitution.
Explanation: The Spanish Constitution is the supreme law of the land, overriding any other legal provisions or statutes.
The principle that European Union Law has hierarchical superiority over the law of state origin means:
a) State laws always take precedence over EU laws.
b) EU laws are considered suggestions to member states.
c) EU regulations and directives override conflicting state laws.
d) The Spanish Constitution is subordinate to EU law.
The principle that European Union Law has hierarchical superiority over the law of state origin means:
Answer: c) EU regulations and directives override conflicting state laws.
Explanation: EU law takes precedence over national laws of member states in areas where the EU has competence, ensuring uniformity across the EU.
Sources of law include:
a) Social norms and moral principles only.
b) The law, custom, and general principles of law.
c) Judicial decisions as the primary source.
d) Legislative acts from autonomous communities only.
Sources of law include:
Answer: b) The law, custom, and general principles of law.
Explanation: These are the primary sources of law recognized in many legal systems, including Spain, providing a structured approach to creating and applying laws.
The process for a legal rule to come into force involves:
a) Instant effectiveness upon drafting.
b) Promulgation, coming into force after a legal term, and derogation.
c) Approval by a simple majority in a public referendum.
d) Review and endorsement by international bodies.
The process for a legal rule to come into force involves:
Answer: b) Promulgation, coming into force after a legal term, and derogation.
Explanation: A legal rule is officially promulgated, then comes into effect either after a specified period or immediately if so determined, and remains in force until it is derogated or repealed.
