Chapter one Flashcards
sources of law
What is customary law
Guidelines for behaviour grown in society
What is positive law
laws made by juridical decisions or means of legislation
What enforces legal rules
Collective enforcement
What does positive law offer
Legal Certainty
What are the three aspects of legal certainty?
Certainty about content of the law
Certainty that the law will be enforced
Certainty that the law will be applied consistently
What are the two factors of legal solution?
The facts of the case and the contents of the law
What is the role of the praetor?
Formulates legal instructions for iudex
What is the praetor responsible for?
Establishing precise content of the law
What is the iudex responsible for?
Determination of the case fact
Precedent
Decision of the judge will function as a precedent for future cases
Stare decisis
Sam decision must be given to similar court cases in the future
What kind of law is equity
Judge-made law
What does equity suggest?
Focused on obtaining fair results
What was equity mean for?
Exception to the law
Natural law
Established by means of reasons
What is Westphalian Duo?
It is where national and international public law were taken into exhaust to form a new law
What is the purpose of codification?
Legal unity, legal certainty and legal power
Common law
Development of what was driven by judiciary
Civil law
influenced by the combination of roman and canon law
Lex mercatoria
set of rules created by merchants to regulate their mutual commerce
Mention the three kinds of transnational law
Human rights, European and Lex Mercatoria
