Discovery Of Law Flashcards

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1
Q

Functions of Judges

A

Ability to adopt legal norms

Offer explanations, notions to compliment decision

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2
Q

Judges vs Legislators

A

cmx

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3
Q

Should a judge be given authority to perform discovery of law

A

Yea

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4
Q

Methods of Legal Science to Determine Intent of Lawmakers

A
Plain meaning
Historical
Systematic
Sociological
Official / authentic
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5
Q

Rechtscinding or Law Finding

A

Basis: art 5 (1) law no 68/2009 regarding power of the judiciary

Judges may:
Find
Make
Determine which law applies

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