Law Flashcards

1
Q

Law

A

Rule made by a government, used to order the way in which society behaves
System of rules in a particular country, group, area of activity
Area of knowledge or work that involves studying or working with the law
A rule made by a parliament that states how people may and may not behave in society and in business, and that often orders particular punishments if they do not obey, or a system of such rules

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2
Q

Law (Aristotle)

A

Law is a sort of order and provides a comprehensive framework of rules and institutions through which a society is constituted. A law is by nature universal in form

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3
Q

Law (Austin)

A

law is the command of the sovereign backed by threat or force

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4
Q

Law (Dicey)

A

law is the reflection of public opinion and can evolve with the society

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5
Q

Law (Keisen)

A

law is a pyramid of norms which has its genesis from on ground norm. Law is a coercive order of human behaviour. Laws command a certain human behaviour by attaching a coercive act to the opposite behaviour

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6
Q

Law (Savigny)

A

Law is a matter of unconscious growth within the community and can only be understood in its historical perspective

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7
Q

Positive law

A

legal rules enacted by people in a political community or governing body

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8
Q

Dynamic rules

A

add new facts to the occurrence of an event

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9
Q

Counts-as rules

A

bring about that some things count in the law as something else as well

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10
Q

Fact-to-fact rules

A

attach the presence of one fact to the presence of some other fact

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11
Q

Positive morality

A

human laws which are disconnected from the right or wrong or the good or bad

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12
Q

Critical morality

A

raises questions about how people ought to behave

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13
Q

Public law

A

part of the law in which the government as such plays a role and deals with relationship between private individuals/organisations and public bodies

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14
Q

Private law

A

part of the law in which the government as such does not play a role and deals with mutual relations between citizens

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15
Q

Substantive law

A

rules that determine what people should do and that give people rights

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16
Q

Procedural law

A

provides means through which compliance with duties and respect for rights can be enforced

17
Q

Operative facts

A

a legal rule is applicable to a case if the facts of the case satisfy the conditions of the rule, these are the operative facts

18
Q

Juridical acts

A

act performed with the intention to bring about legal effects, where the law connects these legal effects to the act for the reason that they were intended

19
Q

Rights

A

interests that are protected by law

20
Q

Codification

A

organising different legal norms and texts in a book and unifying and categorising them which is very convenient for anyone to find the rules

21
Q

Precedents

A

all judges have to follow the decision made previously

22
Q

Customary law

A

unwritten rules that have been established based on traditional practices, values, and customs that have been considered lawful in a given society

23
Q

Binding

A

has authority of a legal decision or principle

24
Q

Comparative Law

A

comparison of the spirit or style of different legal systems, or of comparable legal institutions or of the solutions of comparable legal problems

25
Q

Legal systems

A

Framework of legal principles, rules, procedures and institutions (both public and private) that exists in every particular country and is binding everyone within this country

Group of national legal systems which have common compelling features

26
Q

Macrocomparaison

A

comparing different legal systems by looking at the techniques of legislation, styles of codification, methods of statutory interpretation, studying the people

27
Q

Microcomparaison

A

comparing different legal systems by looking at specific legal institutions or problems

28
Q

Legal transplants (Watson)

A

the practice of exchanging legal ideas and rules between legal systems. Useful tool to study the movement of law from one jurisdiction or legal system to another

29
Q

Diffusion theory

A

Emphasises spread of legal norms and practices across diff legal systems

30
Q

Legal families theory

A

Classifies legal systems into families based on shared hist, cult, or instit characteristics

31
Q

Convergence theory

A

legal systems tend to converge over time as they adopt similar legal rules and institutions

32
Q

Functionalism

A

Views legal transplants as functional solutions to common problems faced by legal systems

33
Q

Legal globalism

A

Examines role of global forces, such as internat orga and global legal standards, in shaping legal transplants

34
Q

Legal transplant as a cultural process

A

Emphasises the cult+soc factors influencing the reception and adaptation of legal transplants

35
Q

Legal transplant as a political process

A

Examines the role of political institutions and power dynamics in the transplant process