Lecture 2 Basic concepts of Law

Question 1

private law

Answer 1

the government does not play a role. Deals with relations between private individual persons or organizations. For example property law or contract law.

Question 2

public law

Answer 2

government does play a role. Deals with relations between governments or government and private individuals or organizations. For example criminal law, constitutional law, administrative law, etc.

Question 3

substantive law

Answer 3

consists of rules that give people rights and determine what people should do / how society should behave.

Question 4

procedural law

Answer 4

provides rules for court procedures and for the organization of the judiciary. Contains rules specifying how judicial orders can be enforced.

Question 5

legal subject

Answer 5

an entity capable of acting in law, of having subjective rights and of having legal obligations. Can either be a natural person or a legal person

Question 6

natural person

Answer 6

a human being under the law. Protected by the human rights assigned to them.

Question 7

legal person

Answer 7

organizations with status of legal subjects, for example universities, ministries, companies, etc

Question 8

juridical act

Answer 8

an act performed by a legal subject with the intention to create a legal effect. For example:
- if the state creates a law forbidding theft, it has the intention to create the legal effect that theft is punishable
- if I prepare a testament, I do so with the intention that once I die, it has the legal effect of executing my last wishes.

Question 9

factual act

Answer 9

an act usually performed by administrations, that are no issued laws and not aimed at creating legal consequences but still have a certain effect. For example:
- municipality implementing parking policies by making it impossible to park somewhere.

Question 10

duty

Answer 10

someone is obliged to do something. Duties are meant to guide people in their behavior.

Question 11

prohibition

Answer 11

a duty not to do something. It’s not allowed.

Question 12

permission

Answer 12

someone is allowed to do something, usually this is just the absence of prohibition and no permissive rule is required.

Question 13

personal rights

Answer 13

also called claims or relative rights, rights to have something or get something from someone. Belongs to the field of private law.

Question 14

property rights

Answer 14

reflect the relation between the right holder (owner) and the object of the right (property). These rights can be invoked against everyone (does not require a specific counterpart in an obligation).

Question 15

human rights

Answer 15

rights which human beings hold against their government. Aka fundamental rights