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Introduction To Law > Foundations And Sources Of Law > Flashcards

Foundations And Sources Of Law Flashcards

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1
Q

What is lex posterior?

A

The newer rule prevails over the older one

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2
Q

What is lex specialis?

A

The more specific rule prevails over the other one

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3
Q

What is lex superior?

A

The superior rule prevails over the inferior rule

European law always prevails over national law

Hierarchy between legislative bodies and their rules

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4
Q

What is positive law?

A

A law that has been laid down

  • Legislation
  • Judicial decision
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5
Q

What kind of morality does exist?

A
  • positive morality

- critical morality

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6
Q

What is the difference between law and morality?

A
  • morality doesn’t tell us how to behave
  • legal rules deal with issues considered less serious
  • an act which is against morality isn’t often punished
  • law is enforced by collective means
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7
Q

What does stare decisis mean?

A

Stand by your decision

If a court has decided a case in a particular way the same court and the courts that are inferior to it must give the same decision in future cases that are similar

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8
Q

What is equality

A
  • common law
  • kind of judge made law
  • mitigate harsh results
  • focused on obtaining fair results
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9
Q

What is ius commune?

A

European law based on roman and canon law

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10
Q

What is canon law?

A

Canon law deals with the international organization of the church and civil affairs such as marriage, contracts and wills

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11
Q

What is the Westphalian duo?

A

National state law and international public law

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12
Q

What is ratio decidendi?

A

Judges are bound by the decisive grounds that made the court take the decision

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13
Q

What is obiger dicta?

A

Things that were also said

Courts aren’t bound by it

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14
Q

What is Ius cogens?

A

A set of norms of international law that are accepted and recognized by the international community of states

Violation isn’t acceptable

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15
Q

What are legal sources?

A
  • Sources of legal validity
  • Sources of origin
  • Knowledge source
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16
Q

What is soft law?

A

Rules that aren’t officially but still influential

17
Q

What is Broadening?

A

Courts treat cases similar even if their similarity wasn’t obvious

18
Q

What is legal certainty?

A
  • Certainty about the content of law
  • certainty that the law will be enforced
  • certainty that the law will be applied consistently
19
Q

On what depends a legal solution if two parties have a dispute?

A
  • The facts of the case

- The content of law

20
Q

What are characteristics of rules?

A
  • specific sanctions
  • enforced by organs of state
  • can be replaced
  • does not directly tell us what to do or not to do
21
Q

All rules can be divided between?

A
  • Social rules

- Institutional rules

22
Q

What are the sources of origin in Common Law?

A
  • Customary Law
  • legal doctrin
  • reason
23
Q

What are the sources of origin in Civil Law?

A
  • Customary law
  • legal doctrin
  • reason
  • case law
24
Q

What are the sources of validity in Common Law

A
  • legislation
  • treaties
  • case law
25
Q

What are the sources of validity in Civil Law

A
  • legislation

- treaties

26
Q

What is opinio iruris?

A

The belief that the custom is binding

27
Q

What is legal doctrine?

A

Writings of legal scholars which might influence the decicions

28
Q

What is substantive law?

A

Rules that concretely tell us what to do

A distinction of law

29
Q

What is procedural law?

A

Rules that concern what happens if we don’t follow rules

A distinction of law

30
Q

What is a rule?

A

A rule is a regulation that:

  • prescribes a behavior
  • gives a definition or creates a competence
31
Q

What are operative facts?

A

the facts considered relevant in order to make a decision about a legal issue because they match the conditions of a rule

Have a unintentionally effect

32
Q

What is a juridical act?

A

Is an act performed to bring a specific legal effect intentionally

33
Q

What is a duty?

A

Obligation whose content tells us how to behave

34
Q

What is a prohibition?

A

Rule that forbids something

35
Q

What is an explicit permission?

A

Exception to a prohibition

36
Q

What is right in personam?

A
  • they regard a specific person and are valid only against that person
  • they a relative rights
37
Q

What are rights in rem?

A
  • They regard an object and are valid against everyone

- They are absolute rights

38
Q

What is an implicit permission

A

The absence of a prohibition

Introduction To Law (11 decks)

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