First cluster Flashcards
What are treaties?
Agreement that bind the states that have signed and ratified them
Legislation & Constitution
Legislation (including the Constitution) - imposes general legal norms on those that share
jurisdiction. These norms enact prohibitions and obligations, including obligations not to
interfere and right to such non-interference or right to specific actions by others. A written
Constitution has a special status, as it normally defines the powers within the state
(legislative, public administration, courts).
Case Law
the result of judgements made by courts. These judgments are simultaneously
the result of applying binding legal norms, and a source of legal norms
Precedent
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.
Doctrine
A doctrine is a single important rule, a set of rules, a theory, or a principle that is widely followed in a field of law. It is formed via the continuous application of legal precedents.
Fundamental principles of law
Principles that are implied in other legal sources, as they
inform the applicability and the application of legal norms.
Customary Law
“law consisting of customs that are accepted as legal requirements or. obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a. social and economic system that they are treated as if they were laws”
Regulation
Regulations are standards and rules adopted by administrative agencies that govern how laws will be enforced.
Purposes of Law
And functions of Law
Properties:
Establishing standarts
Maintaining order
Resolving disputes
Protecting liberties and rights
Functions:
Judicial, Legislative, Executive
Legal Domains:(explain them)
Private Law
Public Law
Criminal Law
Interpretations: (How is civil law interpretes)
Private Law-Applies to circumstances related to relationship between individuals in a legal system
Public Law- Society in a legal system
Civil Law- Protects the right of individuals by allowing a person whose rights have been infringed to seek a remedy (compensation)
: Grammatical interp (literal meaning - clauses)
Historical interp- Using the legislative history
Systematic interp- Considering the broader context of law
Teological interp- Focus on the purpose of law
Jurisdiction
The official power to make legal decisions and judgements
Sources of law
1.Treaties
2.Case Law
3. Legislation(constitution)
4.Doctrines
5.Fundemental principles(principles of law)
6.Customary law (Constitution which is not written)
