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Introduction to law > Chapter one > Flashcards

Chapter one Flashcards

sources of law

1
Q

What is customary law

A

Guidelines for behaviour grown in society

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2
Q

What is positive law

A

laws made by juridical decisions or means of legislation

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3
Q

What enforces legal rules

A

Collective enforcement

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4
Q

What does positive law offer

A

Legal Certainty

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5
Q

What are the three aspects of legal certainty?

A

Certainty about content of the law
Certainty that the law will be enforced
Certainty that the law will be applied consistently

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6
Q

What are the two factors of legal solution?

A

The facts of the case and the contents of the law

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7
Q

What is the role of the praetor?

A

Formulates legal instructions for iudex

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8
Q

What is the praetor responsible for?

A

Establishing precise content of the law

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9
Q

What is the iudex responsible for?

A

Determination of the case fact

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10
Q

Precedent

A

Decision of the judge will function as a precedent for future cases

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11
Q

Stare decisis

A

Sam decision must be given to similar court cases in the future

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12
Q

What kind of law is equity

A

Judge-made law

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13
Q

What does equity suggest?

A

Focused on obtaining fair results

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14
Q

What was equity mean for?

A

Exception to the law

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15
Q

Natural law

A

Established by means of reasons

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16
Q

What is Westphalian Duo?

A

It is where national and international public law were taken into exhaust to form a new law

17
Q

What is the purpose of codification?

A

Legal unity, legal certainty and legal power

18
Q

Common law

A

Development of what was driven by judiciary

19
Q

Civil law

A

influenced by the combination of roman and canon law

20
Q

Lex mercatoria

A

set of rules created by merchants to regulate their mutual commerce

21
Q

Mention the three kinds of transnational law

A

Human rights, European and Lex Mercatoria

Introduction to law (4 decks)

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