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Introduction to law > Chapter three > Flashcards

Chapter three Flashcards

Basic concepts of law

1
Q

What is public law?

A

It is when the government plays a central role

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2
Q

What is private law?

A

It is between private citizens

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3
Q

What is substantive law?

A

Rules that give people rights and determine what people should do

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4
Q

What is procedural law?

A

Provides rules for court procedures and for the organisation of the judiciary

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5
Q

What are legal subjects?

A

Human beings but can be anyone or anything the law wants

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6
Q

What is a natural persons?

A

Human being

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7
Q

What is a legal persons?

A

Organisation

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8
Q

What is an operative fact?

A

It is a fact which has matches the conditions which has a legal consequence attached to it

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9
Q

What is a juridical act?

A

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

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10
Q

What are factual acts?

A

Acts which are not aimed at creating legal consequences

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11
Q

When is an act null and void?

A

When the performance of a juridical act lacks relevant competence

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12
Q

What are the grounds for avoidance?

A

Intention of an agent brought about the wrong way or the content was undesirable

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13
Q

What are the two elements of a duty?

A

The agent who has the duty and the kind of action which the agent is obliged to perform

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14
Q

What are mandatory rules?

A

Rules that impose duties

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15
Q

What is competence?

A

Precondition for the intentional creation of a legal consequence by means of a juridical act

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16
Q

What is a claim?

A

Counterpart of an obligation

17
Q

What is an obligation in civil law?

A

duty

18
Q

What is an obligation in common law?

A

What a person is obligated to do in favour of another

19
Q

What is erga omnes?

A

Property rights

20
Q

Who has the competence to transfer property right?

A

Owner

21
Q

What is the right to bodily integrity and who has the competence to transfer this right?

A

It is the competence to enforce a right through juridical procedure. The owner of this right has the right to waiver his right and give permission to affect his body

22
Q

What does freedom of expression involve? and who has the competence to transfer this right?

A

It involves the prohibition of the state to withhold legal subject from personal expression. Owner of this right has the competence to waiver this right

23
Q

What is the right to health care?

A

Free access to health care

Introduction to law (4 decks)

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