Exam questions Flashcards
5th amendment
Guarantees certain rights to any person accused of a crime. Addresses court procedures in a criminal trial.
The Fifth Amendment breaks down into five rights or protections: the right to a jury trial when you’re charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.
14th amendment
The Fourteenth Amendment to the United States addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War.
The amendment’s first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
Nuisance law
Nuisance, in law, a human activity or a physical condition that is harmful or offensive to others and gives rise to a cause of action. A public nuisance created in a public place or on public land, or affecting the morals, safety, or health of the community, is considered an offense against the state. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, and keeping explosives are public nuisances. A private nuisance is an activity or condition that interferes with the use and enjoyment of neighboring privately owned lands, without, however, constituting an actual invasion of the property.
Albert v. Meadowbrook Swimming Club
Meadowbrook Swimming Club Inc., a business corporation, built an amusement place and enlarged its amusement place by adding an outdoor dance floor, with a ‘shell’ platform for the musicians’ stand. In the summer the defendant opened the dance floor to the public, and engaged modern jazz orchestras to play dance music from nine to twelve, six nights per week, and used amplifiers to enhance the volume of sound.
The music was so penetrating and loud that witnesses who live on the sides of the hills and the plateau were unable to sleep, study, or otherwise lead normal lives in their own homes for four evenings a week during the past and present summer.
The plaintiff won.
Georgia v. Tennessee Copper
The Tennessee Copper Company ran a copper business near Georgia state lines. Local landowners had tried to get a Tennessee court to issue an injunction (Ducktown sulphur), but the court refused due to the importance of the company to the local economy.
Georgia (the state) ventured into the ring in the public nuisance case. The gasses drifted across state lines and damaged forests, orchards, and crops in 5 counties. Georgia had asked Tennessee to ask its citizens to stop polluting. Tennessee declined to take action.
Georgia filed a bill in equity with the US supreme court invoking the court’s jurisdiction over a dispute between states. Requested an injunction.
Georgia WON.
Police Power
Police powers are the fundamental ability of a government to enact laws to coerce its citizenry for the public good, although the term eludes an exact definition. The term does not directly relate to the common connotation of police as officers charged with maintaining public order, but rather to broad governmental regulatory power.
police power, in U.S. constitutional law, the permissible scope of federal or state legislation so far as it may affect the rights of an individual when those rights conflict with the promotion and maintenance of the health, safety, morals, and general welfare of the public.
What is property law?
property law, principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with the relationships between and among members of a society with respect to “things.” The things may be tangible, such as land or a factory or a diamond ring, or they may be intangible, such as stocks and bonds or a bank account.
Real property
Real property is land or things attached to land. That is why you sometimes hear land referred to as real estate or realty. While materials such as wood, metal or other building materials aren’t real property on their own, they can become real property if they are attached to land. Vegetation such as trees or plants that grow on land can also be considered real property.
Personal property
Personal property can be broken down into two categories: chattels and intangibles. Chattels refers to all type of property. Often, individuals use it regarding the tangible property such as a purse or clothing.
Intangibles are forms of personal property that are not considered tangible. This means that intangible property cannot be touched or seen. The purpose of this category is to accurately address legal rights to property and not to things. Some intangible things may include bank accounts, intellectual property, franchises and licenses, insurance policies, and investments such as stocks or bonds.
Intellectual property rights
Intellectual property rights (IPR) protect those who have created an invention, design, symbol, commercial name or image. Examples include trademarks and patents as well as geographical indications, which come under the EU quality schemes for agricultural products.
The tragedy of the commons
In economics and in an ecological context, the tragedy of the commons is a situation in which individual users, who have open access to a resource unhampered by shared social structures, formal rules, charges, fees, or taxes that regulate access and use, act independently according to their own self-interest and, contrary to the common good of all users, cause depletion of the resource through their uncoordinated action in the case that there are too many users related to the available resources.
Social science vs natural science
Natural sciences are a branch of science that deals with the natural world, while social sciences are a branch of science that deals with human society and social relations.
Scientific method
The scientific method is the process of objectively establishing facts through testing and experimentation. The basic process involves making an observation, forming a hypothesis, making a prediction, conducting an experiment and finally analyzing the results.
Rule vs norm
Rules are written guidelines that prescribe the necessary individual behaviors and actions needed to maintain order in a given organization. Norms, on the other hand, are unwritten guidelines framed by society to govern individuals’ behavioral patterns.
Types of rules
personal
factual
general
abstract
Legal and non-legal rules
A legal rule, or law, is one which has been officially approved by a state’s legislative body. Legal rules are interpreted by courts who decide cases brought before them and may impose sanctions upon those who violate these rules. Legal rules differ from non-legal rules, such as customs or conventions.
What are sources of law?
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory.
In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and customs. In common law systems, there are also several sources that combine to form “the law”.
Open and closed legal systems
Open legal systems are based on common law and precedent, meaning that court decisions are based on past cases. Closed legal systems are based on written codes and laws, meaning that court decisions are determined by the written law. In open systems, judges have more discretion in making decisions, while in closed systems, judges are more limited in their decisions.
What are the different relationships between sources of law?
Rank: Rank refers to the hierarchical relationship between sources of law. Laws at the top of the hierarchy have more authority than laws lower in the hierarchy.
Chronology: Chronology refers to the timeline of law. Laws that are more recent are given more authority than laws that are older.
Specialty: Specialty refers to the type of law. Different sources of law may specialize in a particular area, such as criminal law, or civil law. Laws from a specialized source may be given more authority than those from a general source.
What is the Principle of the separation of powers?
The Principle of the separation of powers is a fundamental tenet of constitutional democracies. It states that the three branches of government—the Legislative, Executive, and Judicial—should have separate and distinct powers and responsibilities. This ensures that no one branch can become too powerful, and that the different branches can check and balance each other. This principle is designed to protect the rights of citizens, and to ensure that the government functions properly.
What is the repeal of laws?
The repeal of laws is the act of a legislative body formally undoing or cancelling a law that is no longer needed or applicable. When a law is repealed, it is completely removed from the legal system, and any previous legal effects of the law become void. Repealing laws is an important part of the legislative process, as it ensures that laws are up to date and reflect the current needs of society.
Explain non-retroactivity and retroactivity of law.
Non-retroactivity of law means that a new law only applies to cases that occur after the law has been passed. This means that any cases that occurred before the new law was passed are not affected by the new law.
Retroactivity of law means that a new law can be applied to cases that occurred before the law was passed. Retroactive laws can be used to undo the effects of a previous law or to make a new law apply to a situation that occurred before the law was passed. Retroactive laws are controversial because they can be used to change the outcome of a case that has already been decided.
What are interim laws?
Interim laws are temporary laws that are passed as a stop-gap measure while a new law is being drafted or debated. These laws are often used in times of emergency, such as natural disasters, or when there is a need to act quickly to protect public safety. Interim laws may be in place for a short period of time until a new permanent law can be put in place.
What is law according to positivists?
Positivists believe that law is a set of rules created by an authority, such as a government or legislature, and that these rules are binding on citizens. Positivists believe that laws should be enforced, and that citizens should be held accountable for their actions. Positivists also believe that laws should be objective and consistent, and that they should be applied equally to all citizens.
What is law according to naturalists?
Naturalists believe that law is based on moral principles, and that it should reflect the values of society. Naturalists believe that laws should be based on reason and fairness, and that they should be created through a process of discussion and negotiation. Naturalists also believe that laws should be flexible and open to interpretation, and that they should be adapted to changing circumstances.
What is the Declaration of Delhi?
The Declaration of Delhi is a set of legal principles and values adopted by the Indian Supreme Court in 1959. The Declaration states that legal principles should be based on justice, equity, and natural law, and that all laws should be consistent with the Indian Constitution. The Declaration also states that all citizens should be treated equally under the law, and that the law should be used to protect the rights of the people. The Declaration of Delhi is seen as an important milestone in the development of Indian legal thought.
What are moral dilemmas?
Moral dilemmas are situations in which a person must choose between two equally undesirable options. These dilemmas often require a person to make a choice between two conflicting values, such as justice and mercy. Moral dilemmas are often used in legal and ethical debates, as they can help to illustrate the complexities of legal and ethical decision-making.
What is the rule of law?
The rule of law is a principle that states that all people, regardless of their position or status, are subject to the law. This means that no one is above the law, and that everyone must obey the law. The rule of law also states that the law should be applied equally, and that everyone should have access to legal remedies. The rule of law is essential for protecting the rights of citizens and ensuring that the government is accountable to the people.
What is the difference between primary and secondary laws?
Primary rules are laws that determine what actions are allowed or forbidden. Secondary rules are laws that determine how laws are made, enforced, or changed. Primary rules are generally considered to be more important than secondary rules, as they are the fundamental laws that must be followed in any society. Secondary rules provide the structure and framework for the legal system.
What are the main functions of law?
Setting standards of conducts
Framework to resolve unavoidable disputes
To facilitate/encourage certain social and
economic arrangements
Protection of property
General well-being of society protection
Protection of individual rights
What is the difference between private and public law?
Private law is a system of law that deals with the rights and obligations of individuals and the relationships between them. Private law includes areas such as contract law, tort law, property law, and family law. Public law is a system of law that deals with relations between individuals and the government, and includes areas such as constitutional law, administrative law, and criminal law.
What are the different types of international organizations?
Universal (UN, EU, …)
Sectoral (NATO, WTO, WHO, UNICEF,
UNESCO, FAO,…)
IGOs (NATO)
NGOs (ISO, …)
Define fundamental rights
Fundamental rights are basic human rights that are protected by law. These rights include the right to life and liberty, the right to property, the right to freedom of speech and expression, the right to freedom of religion, the right to equality before the law, and the right to a fair trial. Fundamental rights are considered to be essential for a just and equitable society.
What is the Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a document adopted by the United Nations in 1948 which outlines a number of fundamental rights that should be enjoyed by all people, regardless of race, gender, religion, or nationality. The UDHR is seen as the foundation of international human rights law, and many countries have incorporated its principles into their national laws.
What is the EU?
The European Union (EU) is an international organization of 27 European countries that have agreed to cooperate and coordinate their policies on economic and social issues. The EU has its own governing institutions and laws, and it is responsible for the creation and enforcement of laws that apply to all member states. The EU has become an important force in international law, and has had a significant impact on the laws of its member states.
The EU common values and aim
Common values: respect for human dignity, freedom,
democracy, equality, rule of law, human rights,
pluralism, non-discrimination, tolerance, justice,
solidarity
Aim: to promote peace, the Union’s values and the
well-being of its people
Some example of what the EU does in practice?
Freedom to live, study and work in any Member
State
Youth exchange programs: Comenius, Leonardo
Da Vinci and Erasmus
A single currency for 20 Countries
Environmental laws to combat global warming
Equal opportunities
Lower roaming charges
EU Primary law
The main sources of primary law are the treaties
establishing the EU: a) the TEU, b) the TFEU, c)
the Treaty on the European Atomic Energy
Community (Euratom).
*These treaties set out the distribution of
competencies (powers) between the EU and the
EU Member States, describing the powers of the EU
institutions. They, therefore, set out the legal framework in which the EU institutions are working to implement
policies.
EU secondary law
Secondary law comprises legal acts, which can be divided into two categories:
a) those listed in Article 288
TFEU: regulations, directives, decisions, opinions and r
ecommendations;
b) those not listed in Article 288 TFEU: atypical acts,
such as the rules of procedure of the institutions and
interinstitutional agreements.
EU types of legislation
Regulations
A “regulation” is a binding legislative act. It must be applied in its entirety
across the EU
Directives
A “directive” is a legislative act that sets out a goal that all EU countries
must achieve. However, it is up to the individual countries to devise their
own laws on how to reach these goals
The European Parliament
Shares with the Council the power to legislate (to
pass laws)
Monitors the budget of the EU (with the Council) and
supervises policies of the EU institutions
Has 705 members elected by universal suffrage
Elections every 5 years
President: Ms Roberta Metsola
The European Council
Provides the EU with political guidance and defines
the political direction and priorities
Consists of the heads of state or government of the
Member States, together with its president and the
president of the European Commission
President: Mr Charles Michel
The Council of the European Union
Co-legislates with the European Parliament (amends,
adopts or rejects the Commission’s legislative
proposals)
Consists of ministers from the 27 Member States
chosen according to the agenda
Rotating presidency: is chaired by a different Member
State every 6 months
The European Commission
Proposes and implements laws (right of initiative,
“guardian” of the Treaties)
27 Commissioners (one from each Member State)
including the president (Mrs Ursula von der Leyen)
and several vice presidents (one is the High
Representative of the Union for Foreign Affairs and
Security Policy)
The council of europe
The Council of Europe is an intergovernmental organization made up of 46 European countries. It is responsible for protecting human rights, promoting democracy, and upholding the rule of law in Europe. The Council of Europe has created a number of treaties, conventions, and other instruments to protect human rights and promote democracy. These instruments have been widely adopted by countries around the world.
What is the European Court of Human Rights?
The European Court of Human Rights (ECHR) is an international court that was established by the Council of Europe in 1959. The ECHR is responsible for ensuring that the human rights of individuals in Europe are respected and protected. The court is empowered to hear cases relating to human rights violations, and it can issue judgments that are legally binding on member states. The ECHR has become an important force in international human rights law.
Main characteristics of human rights?
They are universal and inalienable:
▪ UNIVERSAL (because everyone is born with
and possesses the same rights, regardless of
where they live, their gender or race, or their
religious, cultural or ethnic background)
▪ INALIENABLE (because they are fundamental,
are not awarded by human power, and cannot
be surrendered or taken away by legislation)
What are the categories of human rights?
- Absolute rights cannot be restricted in any circumstance, including a national emergency (for example, the right to freedom from torture).
- Qualified rights can be restricted in certain circumstances if the interference is justified. The restriction must be in the interest of the
wider community or to protect other people’s rights (for example, protection of health and prevention of crime). - Limited rights can only be restricted in specific situations set out in law (for example, being arrested for committing a crime)
Universal Declaration of Human Rights
(UDHR) 1948
▪ Milestone document in history of human rights
▪ Established fundamental human rights to be universally protected
▪ Expression of values and agreed-upon
standards but Declaration is not legally binding
▪ UDHR was a precursor to the European
Convention on Human Rights (ECHR).
