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Finals b1 > Law B1 > Flashcards

Law B1 Flashcards

1
Q

Duty

A

Obligation to do something, or to refrain
from doing something

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2
Q

Right

A

Entitlement to do something, to receive
something, or to compel someone else to do
or to refrain from doing something

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3
Q

Remedy

A

Means by which someone with a right can
either compel compliance with the right’s
corresponding duty, or obtain compensation
for injury caused by noncompliance with
that corresponding duty, or otherwise
vindicate the right

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4
Q

Primary rules

A

Substantive rules = Rules that forbid or compel something

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5
Q

Secondary rules

A

Procedural rules = Rules that exist to manage primary rules

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6
Q

Pervasiveness of norms

A

social norms
religious norms
legal norms
institutional norms

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7
Q

natural law

A

System of right held to be common to all humans and that derived from nature
through rational reasoning

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8
Q

Positive law

A

Man-made law = System of right that is defined by statute and common law

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9
Q

hierarchy of legal norms

A

constitution
treaties
statues
regulations

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10
Q

Fundamental rights

A

can be found in a country’s constitution or a treaty to which the country
adheres (e. g. Universal Declaration of Human Rights).

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11
Q

Rule of law

A

Political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws (including lawmakers and leaders)

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12
Q

Interpretivism

A

View that judges should enforce only those principles that are expressed or
implied by the language of the constitution

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13
Q

Noninterpretivism

A

View that judges should enforce principles not found in the
Constitution itself, and for which they must go to some outside source

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14
Q

Hard law

A

Legal obligations that are binding on the parties involved and which can be legally enforced before a court

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15
Q

Soft law

A

Agreements, principles and declarations that are not legally binding

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16
Q

a rule of law and the rule of law difference

A

While a rule of law refers to a specific example of a primary or secondary rule of law, the rule of law
describes the constitutional notion that no one is above the law, and everyone – including those
who exercise power – are subject to the law.

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17
Q

power legitimacy and authority definition

A

Power + Legitimacy = Authority

Power = Ability to compel someone to do something

Legitimacy = Perception of the rightful exercise of power

Authority = Right to compel someone to do something

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18
Q

Main types of authority

A

Charismatic- (difficult to transfer, unstable and short-lived, based on a charismatic leader)

Traditional- (stable, often based on inheritance, not viewed as fair in a post Enlightenment world)

Legal-rational- (stable, based on the law, bureaucratic)

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19
Q

types of governments

A

full democracy
flawed democracy
hybrid regime
Authoritarian regimes

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20
Q

Dominant legal systems

A

civil law
common law
religious law

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21
Q

Government structures in democracies

A

legislative, executive and judiciary

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22
Q

Private law

A

Regulation of the relationship between private persons (natural/physical persons
and companies)

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23
Q

Public law

A

Regulation of the relationship between private persons and the state, or between different organs of the state

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24
Q

Government

A

Governing body of a state

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25
Q

republic

A

State in which power is held by the people and their elected representatives, and which has an elected executive leader rather than a monarch

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26
Q

Representative
Democracy

A

Population elects
representatives that
elect the president
(e. g. USA)

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27
Q

Federal Republic

A

Central government
shares power with
states or provinces
(e. g. Germany)

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28
Q

Unitary Republic

A

One strong central
government
(e. g. France)

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29
Q

Confederation

A

Combination of
representative
democracy and direct
democracy
(e. g. Switzerland)

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30
Q

Presidential republic

A

Republic with an
executive presidency
separate from the
legislature
(e. g. USA)

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31
Q

Semi-presidentia

A

Republic with both an
executive presidency
and a separate head of
government that leads
the rest of the
executive, who is
appointed by the
president and
accountable to the
legislature
(e. g. Weimar Republic)

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32
Q

Parliamentary

A

Republic with a
ceremonial and non-
executive president,
where a separate
head of government
leads the executive
and is dependent on
the confidence of
the legislature
(e. g. Germany)

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33
Q

can republics be democracies and democracies republics?

A

All republics are democracies (in form, not in substance), but not all democracies are republics.
Democracies can also be monarchies (e. g. UK).

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34
Q

Direct democracy

A

Democracy in which the population votes for measures, and a winning
measure becomes the law

35
Q

Tools of a direct democracy

A

-Initiative: Process started by an ordinary citizen with a petition
-Referendum: Process started by the legislature with a proposal
-Town hall: Gathering of all citizens for discussion and decisions

36
Q

Anarchy

A

Organisation of society on the basis of voluntary cooperation, without political
institutions or hierarchical government

37
Q

what do you need to start a lawsuit

A

a complaint.

38
Q

Necessary stated elements in a complaint

A

-Jurisdiction (Why is the addressed court competent to impose a decision in this dispute?)
-Claim (What are the alleging facts that give rise to liability?)
-Prayer for relief

39
Q

Court

A

Government-administered dispute-resolution forum

40
Q

alternatives for litigation (lawsuit)

A

-Settlement (negotiating)
-Mediation (neutral shuttle diplomat with no power)
-Arbitration (private court system)

41
Q

International law

A

System of rules and principles to guide how states interact with other states, with private persons of other states, and with international organisations, and also how international organisations interact with other international organisations and with private persons

42
Q

International public law

A

Rules and principles dealing with the conduct of states in their relations with each other and in their relations with private persons

43
Q

International private law

A

Rules and principles dealing with the conduct of private persons in their relations with each other, when the private persons are located in different states

44
Q

International organisations law

A

Rules and principles dealing with the conduct of international organisations in their relations with each other, with states and with private persons

45
Q

State

A

Nation or territory considered as an organised political community under one
government
-Permanent population
-Defined territory
-Government
-Capacity to conduct international relations

46
Q

Constitutive theory

A

Other states decide whether or not an entity is treated as a state.

47
Q

Declaratory theory

A

A state must declare itself to be a state.

48
Q

Sovereign immunity

A

Exemption of a sovereign state from the jurisdiction of foreign national courts and sometimes from the state’s own domestic courts, that can be waived (and often is in contracts between a state and a private person)

49
Q

Diplomatic immunity

A

Exemption of an accredited diplomat from the jurisdiction of foreign
national courts

50
Q

Four freedoms of the EU single market

A

Goods
Services
Capital
Labour

51
Q

Economic and Monetary Union = EMU = Eurozone

A

area of the EU that has adopted the euro

19 states are in it

52
Q

European Coal and Steel Community date and countries

A

1952
Belgium, France, Italy,
Luxembourg, Netherlands, West Germany

53
Q

European Economic Community date

A

1958

54
Q

Maastricht Treaty
date, what was it

A

1993
Foundation of the European Union (12 members)

55
Q

3 pillars of the EU

A

1.European communities

  1. Common foreign and security policy
  2. Police and judicial cooperation in criminal matters
56
Q

introduction of the euro date

A

2002

57
Q

Eastward enlargement what was it and date

A

2004/2007
(12 new states from Eastern Europe)

58
Q

Treaty of Lisbon date and what was it

A

It extended Parliament’s full legislative power to more than 40 new fields, including agriculture, energy security, immigration, justice and EU funds, and put it on an equal footing with the Council that represents member states’ governments.
2009

59
Q

Brexit what was it and date

A

leave of the UK in the EU happened in 2020 the vote was in 2016

60
Q

EU institutions

A

European commissions
council of ministers
European council
European parliament
European court of justice

61
Q

WTO

A

World Trade Organisation = International organisation that enacts the rules governing
trade between countries

62
Q

Functions of the WTO

A

-Dispute resolution
-Administration of trade agreements
-Provision of a forum for trade negotiations
-Monitoring national trade policies
-Provision of technical assistance and training for developing countries
-Cooperation with other international organisations

63
Q

State actions that could be a barrier to interstate trade

A

-Tariffs/Duties
-Quotas
-Subsidies for in-state actors
-Procurement preferences, environmental standards, or other measures,
that explicitly favour in-state actors

64
Q

Private actions that could be a barrier to interstate trade

A

-Anticompetitive agreements (e. g. price-fixing)
-Abuse of a dominant position (e. g. below-cost predatory pricing

65
Q

Merger

A

its when 2 companies fuse together to become a bigger one

66
Q

Acquisition

A

when a bigger company buys a smaller one in order to get stronger

67
Q

why mergers and acquisitions need to be regulated for the balance of interstate trade

A

The EU prohibited General
Electric (American company) from acquiring Honeywell (American company) because the post-transaction company would have had too much control of the European
market for jet engines and aircraft electronics.

68
Q

Tragedy of the commons

A

Situation in which individuals with
access to a public resource (also called a common) act in their own interest and, in doing so, ultimately deplete the resource

69
Q

Ways to prevent the tragedy of the commons

A

Preserve the common ownership of the resource but increase regulation

Preserve the common ownership of the resource but grant temporary exploitation rights to
private persons

Eliminate the common ownership of the resource by granting ownership of the common
resource to the state

Eliminate the common ownership of the resource by granting ownership of the common
resource to private persons

70
Q

Property

A

Anything that is owned by a person = Anything over which the law gives a person specified exclusive rights to possess, to use, to destroy, and to transfer in part or in whole

71
Q

Private property

A

Property that is owned by private persons (not the state)

72
Q

Examples of ways in which property can have multiple owners

A
  • Married couples
  • Owner-occupied housing
    (condominiums and cooperatives, or
    timeshares)
  • Rental housing
  • Private residential communities with
    commonly owned resources
    -Licenses
    -Easements
    -Security interests
    -Trusts
    -Corporations
73
Q

Nationalisation and expropriation

A

Voluntary or involuntary transfer of privately owned assets into public
ownership of a national government or state (“expropriation” if involuntary)

74
Q

Privatisation

A

Transfer of public assets into private ownership (“reprivatisation” if once again)

75
Q

Intellectual property

A

Type of intangible property that is created by the mind

76
Q

Patent (definition/ how to get it/duration)

A

used to protect inventions, you can get it by Application and
examination and it lasts 20 years

77
Q

Copyright (definition/ how to get it/duration)

A

used to protect Original creative or artistic
work it can be get by Automatic existence
(registration needed in
some countries tho) it lasts the authors lifetime + 70 years

78
Q

Trademark

A

Distinctive identification of
products or services you get it by Registration (limited protection without
registration in some countries) can be Potentially unlimited but needs to have renovations from time to time

79
Q

Legal person

A

Individual, company, or other en;ty, that has legal rights and du;es, that can sue
or be sued in court, and that can own property

80
Q

Types of legal persons

A

-Natural / Physical persons: Human beings
-Artficial / Moral persons: Other than human beings (only recognized if created formally)

81
Q

Reasons to form a company to pursue a business venture

A

Continuity of existence
Limited liability
Transferability of shares

82
Q

the difference between a general and a limited partnership

A

The main difference between these partnerships is that general partners have full operational control of a business and unlimited liability in the business sense. Limited partners have less liability and do not take part in day-to-day business operations.

in limited partnership you need at least 1 general partner

obs: partners dont need to be general persons

83
Q
A

Finals b1 (4 decks)

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