Introduction

Question 1

What is Law?

Answer 1

Provides rules and tells us what we can and cannot do.
It is problem-avoiding. It also helps solve conflicts in our personal lives and business.
Law Has:
- an ordering function
- a conflict solving function

Question 2

Four Categories of Law:

Answer 2

1. common law systems - civil law systems
2. Public law - private law
3. national law - international law
4. international public law - international private law

Question 3

Define Common law:

Answer 3

• uncodified
• body of law based on custom, general principles and case law
• case law serves as precedent
• British Commonwealth, USA
• The law of the judge
• often trails by jury (on the facts)

Question 4

Define Civil law:

Answer 4

• codified
• comprehensive, continuously updated legas codes
• basis of law in civil-law jurisdictions is statute, not custom
• developed from Roman law, Europe and most former colonies
• judges apply principles in statutes, rather than case precedent
• judge establishes the facts and applies the codes
• the law of the books

Question 5

Define Private law:

Answer 5

Also namen as civil law, involves the relationships between citizens. That includes you and me (natural persons) and companies (often legal persons). Private law includes family law, law of contract, the law of tort and property law.

Question 6

Define Public Law:

Answer 6

Public law deals with the relationships between government and citizens and also between different government organizations.

3 sectors:

• constitutional law
• administrative law
• criminal law

Question 7

What is national law?

Answer 7

is applicable to a singel counry and its inhabitants. Can not be applied outside borders of the country.

Question 8

International law is:

Answer 8

consists of rules and principles dealing with the conduct of states and international organizations and with their relations among each other, and their relations with persons, and rights and duties of citizens of sovereign states towards the citizens of other sovereign states.

Question 9

Four international law segments:

Answer 9

1. Public international law
2. Private international law (conflict of laws)
3. The law of supranational organizations (such as the EU)
4. International business law (or: international commercial law)

Question 10

Define Public international law:

Answer 10

concerns structure and conduct of sovereign nations and international organizations

Question 11

Private international law is:

Answer 11

concerns in whild be heard ch jurisdiction a legal dispute between parties should be heard and which jurisdiction’s law should be applied

Question 12

Supranational law is:

Answer 12

EU law is supranational legal framework. It is a unique legal order of international law.

Question 13

International business law:

Answer 13

• All the law that is concerned with commerce, trade and business
• special rules which apply to contracts for the international sale of goods and to such contracts as are ancillary thereto (corriage, insurance and finance)
• law that governs international sales contracts

Question 14

Function of International business law:

Answer 14

to Facilitate commercial transactions (help, not hinder)