Chapter 1: Basic Legal Concepts

Question 1

Concept of law definition

Answer 1

A set of general rules that are established to rule society, are mandatory and whose non-compliance results in sanctions imposed by the state.

Question 2

Law is based on:

Answer 2

• Rational elements
• Socio-economic interests
• Social demands

Question 3

Law according to Ulpian

Answer 3

Law consists in living honestly, not harming any other and the constant will to give each one what is theirs

Question 4

Classifications of the law

Answer 4

• Objective law

- Subjective law

Question 5

Objective law definition

Answer 5

Arranges conduct between persons

Question 6

Objective law classification

Answer 6

• Public law

- Private law

Question 7

Public law

Answer 7

Arranges relationship between state and citizen

Question 8

Private law

Answer 8

Arranges relationship between private persons

Question 9

Objective law rules must be:

Answer 9

• General
• Mandatory
• Coercive

Question 10

Subjective law definition

Answer 10

Power that grants a person to act a certain way or claim something from another person

Question 11

Subjective law classification

Answer 11

• Personal rights

- Patrimonial rights

Question 12

Personal rights

Answer 12

Related to basic rights and rights related to family

Question 13

Patrimonial rights

Answer 13

Related to assets

Question 14

Private law classifications

Answer 14

• Civil law
• Commercial law
• Labour law

Question 15

Civil law

Answer 15

Law of the person and it’s patrimony

Question 16

Commercial law

Answer 16

Organization of entrepreneurs and relationships between them

Question 17

Commercial law classifications

Answer 17

• Company law

- Bankruptcy law

Question 18

Labour law

Answer 18

Relationship between employees or employers with company

Question 19

Labour law rights

Answer 19

• Right to choose job
• Right to be adequately remunerated
• Right to not be discriminated

Question 20

Sources of law

Answer 20

• Acts
• Customs
• General legal principles

Question 21

Acts classification

Answer 21

• Spanish constitution
• Organic laws
• Ordinary laws
• Decree laws
• Legislative decrees
• Rules

Question 22

Spanish constitution division

Answer 22

• Dogmatic part

- Organic part

Question 23

Dogmatic part constiution

Answer 23

• Basic political principles
• Fundamental rights
• Public liberties

Question 24

Organic part constitution

Answer 24

• Division of powers

- Basic institutions

Question 25

Organic laws definition

Answer 25

Major constituional importance acts

Question 26

Organic laws classification

Answer 26

• Electoral regime
• Statutes of autonomy
• Public freedoms

Question 27

Ordinary laws

Answer 27

Approved by simple majority

Question 28

Decree laws

Answer 28

Extraordinary and provisional

Question 29

Legislative decrees

Answer 29

• Compile or reformulate existing laws

- Create new legal texts

Question 30

Rules

Answer 30

A mean to specify how acts should be applied

Question 31

Customs classification

Answer 31

• Praeter legem
• Secundum legem
• Contra legem

Question 32

Praeter legem

Answer 32

Circumstances that acts don’t foresee

Question 33

Secundum legem

Answer 33

Mean of interpretation of laws

Question 34

Contra legem

Answer 34

Contravene acts

Question 35

General legal principles

Answer 35

Supplementary sources of law

Question 36

Jurisprudence

Answer 36

Reasoning used by the supreme court when applying the law

Question 37

Autonomic law

Answer 37

• Based in competences

- Prevailsover national law

Question 38

Euopean law

Answer 38

Primary and superior to national law

Question 39

Euopean law classification

Answer 39

• Regulations

- Directives