Introduction Flashcards
What is law?
Two alternative options:
- Law is a system of rules laid down by a body or person with the power and authority to make law Institutional source.
- Law is a system of rules grounded on fundamental principles of morality.
Is institutional source man-made?
Yes.
Is morality man-made or made beyond man?
Made beyond man.
What is not law?
Social rules and market rules.
What are social rules?
Rules of courtesy.
What are market rules?
Rules that come with a “price tag”.
Name the four Institutional Sources of Law.
- Parliament (Government)
- The Courts
- The European Union
- European Convention on Human Rights
What’s the Parliament/(Government) role?
- Generate Statute Law (that is a document which contains laws made by Parliament or Government; created following procedures laid down in the Constitution)
What’s the procedure laid down in the Constitution about originating Statute Law?
- Statute is introduced as a Bill (Proposta de Lei)
- Approvement by the Parliament
- President’s Assent (Promulgação - it’s a formality)
Why is the Constitutional Court seen as “an intruder”?
It can impeach a law once it has been passed and can also intervene before the Presiden’t assent (Fiscalização Preventiva).
It is also able to give further law-making powers to other bodies by way of a Law of Legislative Authorisation (Lei de autorização legislativa ao Governo) which may also enjoy law-making powers of their own.
What kind of law do the courts produce?
Case law.
How are courts divided?
Trial, Appellate and Supreme.
Classify Trial Courts.
Courts of First Instance.
What do Courts of Fist Instance (a.k.a. Trial Courts) do?
Make a ruling on the issues of fact and law.
Distinguish the functions of a judge and a jury on Trial Courts.
The jury is responsible for making findings of fact under the direction of the judge.
The judge is who decides the law.
(There are courts where both fact and law are decided by the judge).
