Introduction

Question 1

What are the characteristics of law?

Answer 1

Law comprises binding rules, known as “sources of law,” imposed by a sovereign authority with validity derived from this sovereign power.

Question 2

What are common features of law, though not essential?

Answer 2

Legal consequences based on fixed conditions and universally applicable rules.

Question 3

What are the four interpretive methods for applying the law?

Answer 3

• Wording: Analyze the text’s literal meaning.
• Systematic Context: Consider the law within its broader framework.
• Legislator’s Objectives (Norm History): Examine legislative history.
• Objective Interpretation (Telos): Focus on the law’s societal/legal purpose.

Question 4

What are the limits and extensions for drawing legal consequences?

Answer 4

• Apply law strictly within the wording of legal conditions.
• Extend via analogy for non-matching facts.
• Reject application if objectives contradict the wording.
• Apply hierarchy, speciality, and precedence of newer laws over older ones.

Question 5

How does civil law interpret statutes and handle legal gaps?

Answer 5

• Interpretation: Focus on wording, structure, history, and objectives.
• Gaps: Use inversion of legal arguments or analogies for unplanned loopholes.

Question 6

How does common law interpret statutes and handle legal gaps?

Answer 6

• Courts identify legal principles and apply statutes based on the wording.
• Prefer inversion of legal arguments over analogy (courts prefer to challenge arguments directly rather than relying on comparisons to similar cases)

Question 7

What is the unalterable core of the German Constitution (Art. 79(3) GG)?

Answer 7

Principles like human dignity and rule of law.

Question 8

What is the hierarchy of EU law?

Answer 8

1. Primary Law: EU Treaties.
2. Secondary Law: Regulations, directives, decisions.
3. Tertiary Law: Delegated and implementing acts.
4. Other Instruments: Communications and guidelines (binding on EU institutions).

Question 9

What is the hierarchy of German law?

Answer 9

1. Basic Law (Grundgesetz – GG).
2. Federal Statutes.
3. Federal Executive Orders.
4. Länder Law.
5. Municipal/Other Public Law Sources.

Question 10

What is the principle of speciality in legal hierarchy?

Answer 10

More specific rules take precedence (vorrang) in application.

Question 11

What is a horizontal legal relationship, and what domain does it belong to?

Answer 11

A relationship between equal parties, typically in private law (e.g., contracts, tort claims).

Question 12

What is a vertical legal relationship, and what domain does it belong to?

Answer 12

A relationship where public authority exercises power over private parties, in public law (e.g., services, administrative intervention, criminal law).

Question 13

What are examples of areas within public law?

Answer 13

• Services: Utilities, education.
• Administrative Intervention: Preventive measures (building codes) and repressive measures (criminal law).
• Planning/Control: Urban development, environmental regulations.
• Procedural/Litigation Law: Court proceedings involving public authorities.