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Legal Evironment of Business > Intro to Law > Flashcards

Intro to Law Flashcards

1
Q

What are laws?

A

‘Laws are rules of conduct imposed by a state upon its members’.
These rules of conduct constitute the law of the land, the domestic law.

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2
Q

Purpose of Laws

A

to maintain a certain standard of good behaviour among the members of a state in the interests of the common good.

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3
Q

What are legal persons?

A

a legal personality is an individual/entity that for the purposes of law is a ‘legal person’

This covers human persons but also artificial entities (companies, semi-state bodies).

They can own property, enter into contracts and sue/be sued.

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4
Q

What are the 2 main types of legal system?

A
  1. the civil law system

2. the common law system

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5
Q

Civil Law

A

is based on legislation and is the system of law used in e.g. Europe

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6
Q

Civil Law

A

is based on legislation and is the system of law used in e.g. Europe

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7
Q

Civil Law

A

is based on legislation and is the system of law used in e.g. Europe

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8
Q

Common Law

A

Derives from the english common law (case law) and is used in English speaking countries such as Australia, NZ, UK & Ireland

Judicial decisions which have been delivered over the last centuries and which have grown to produce an idenfiable body of law.

judge made law rather than derived from constitution (founders of state) or legislation (created by gov)

judges interpret the law based on other cases, and create whats known as precedents

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9
Q

Primary sources of law Ireland (4)

A
  1. Bunreacht na hEireann, the irish constitution (basic law of the state)
  2. Legislation - acts of the Oireachtas e.g. Article 15
  3. Common law - decisions of the courts, doctrine of prescedent e.g. article 34
  4. European Union law e.g. article 29
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10
Q

Secondary sources of law Ireland (4)

A
  1. International law e.g. article 29.6
  2. Custom law
  3. Canon law - law of the christian church
  4. Academic commentary
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11
Q

Legislation

A

enacted laws - acts of the Oireachtas (statute law)

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12
Q

Constitutional Law

A

the basic law of the state, it takes prescedence over other inferior sources of law

bunreach na heireann 1937

amended only by a popular referendum

  1. structure of organs of state 2. fundamental rights and freedoms of citizens
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13
Q

precedent

A

ensures consistency

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14
Q

Significant about common law system?

A

consists of thousands of decisions that span centures - and because of the doctrine of precedent (Stare Decisis) still enjoy binding force of law

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15
Q

Where to find common/case law?

A

Law reports - volumes of books in which judgements have been published

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16
Q

Sources of legislation (2)

A
  1. Oireachtas
  2. enacted by bodies that are conffered with that power by statute

(found in irish statute book)

17
Q

5 Stages of the legislative process

A
  1. First reading - Introduction
  2. Second reading - debate
  3. Committee stage - amendments
  4. Report Stage - review
  5. Final Stage - Final consideration and vote
18
Q

European Union Law

A

EU possesses its own legal system complete with a body of law, which is applicable and enforceable in member states

presided over by the European Court of Justice

enjoy supremecy over national law NB - article 29.4.10 of the constitution

19
Q

Primary source of eu law

A

Treaties - take precedence over domestic law

automatic application

e.g. treaty of mastricht, lisbon

20
Q

Secondary sources of EU law

A

regulations, directives, reccomendations

21
Q

EU regulations

A

immediate application

22
Q

EU directive

A

binding - amend our national legislation (S.I.)

23
Q

EU recommendation

A

persuasive authority

24
Q

custom law

A

a habitual practice which, by virtue of continuous practice, aquires legal force

(Two general conditions should apply before a custom enjoys the force of law:

(1) certain, reasonable, and continuous.
(2) it exists in a particular locality in respect of some particular matter.)

25
Q

2 Sources of law (S & P (hint))

A

Substantive Law & Procedural Law

26
Q

Procedural Law

A

The bodies or rules concerned with the implementation of substantive law and consists of the law of civil and criminal procedure and the law of evidence.

Law of civil and criminal procedure. Law of evidence.

27
Q

Substantive Law (2(3&7))

A

the part of the law that confers rights and powers, or imposes obligations and liabilities

Public - constitutional, criminal, administrative

Private - Contract law, law of torts, property law, family/company/labour, commercial law.

28
Q

Private Law

A

governs the relationships of individuals between themselves
(7)

contract,tort,property,family,commercial,labour, company

29
Q

Public Law

A

governs the relationship between the individual and the state

Constitutional, administrative, criminal

30
Q

Administrative Law

A

the body of law that governs the administration of the state and operation of public authorities

31
Q

Criminal Law

A

defines conduct that is prohibited and provides punishments for any breaches of its prohibitions (gardai & DPP) (director public prosecutions)

32
Q

Contract Law

A

governs voluntairy relationships between 2 or more parties

33
Q

Law of Torts

A

is concerned with private wrongs which result in injury to another e.g. negligence

purpose is to compensate injured person, not to punish the wrongdoer

34
Q

Property Law

A

governs the ownership of property

35
Q

Civil VS Criminal

A 
Civil: liable - fault lies with the defendant 
remedy- damages 
private individual takes legal action 
Mark v John 
resolution of disputes 
Criminal: 
guilty - defendant is punished 
remedy - possible prison 
state (DPP) takes action 
DPP vs John 
punish offender

Legal Evironment of Business (2 decks)

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