Lecture 3: enforcing the law, who and how Flashcards
(23 cards)
What is the difference between ‘government’ and ‘state’ in some countries?
‘Government’ refers to leaders, while ‘state’ refers to the whole system
Some countries use ‘government’ for everything, while others separate these two concepts.
In the United States, who serves as both the head of government and head of state?
The same person
In the US, the president holds both titles.
In France, how are the roles of head of government and head of state structured?
They are not the same person
France separates these roles between different individuals.
What does a republic signify about the ownership of the country?
The country belongs to the people
Leaders are elected to make decisions in a republic.
What is a representative democracy?
People elect representatives that elect the president
This is exemplified by the political system in the US.
Define a federal republic.
Each state has its own rules, but the president leads the whole country
The US operates as a federal republic.
What characterizes a unitary republic?
One strong central government
France is an example of a unitary republic.
What is a confederation?
Combination of representative and direct democracy
Different regions (cantons) have a lot of independence but cooperate as one country.
True or False: All republics are democracies.
True
However, not all democracies are republics, as some have monarchs.
What is direct democracy?
People vote on laws directly
This differs from representative democracy where people vote for decision-makers.
What are the two ways to make laws in direct democracy?
- Initiative
- Referendum
- Town Hall
Initiative: People start a law. Referendum: People approve/reject a law. Town Hall: People discuss and vote on laws together.
Define objective law.
Rules everyone has to follow, regardless of identity
Objective laws apply uniformly to all individuals.
Define subjective rights.
Special rules protecting personal freedom or ownership
These rights are tailored to individual circumstances.
What should disputing parties do when disagreements arise?
Go to court
Courts handle disputes based on facts and the law.
What are the two types of disputes?
- Disagreements about facts
- Disagreements about the law
These categories help define the nature of a dispute.
What is the role of the First Court (Court of First Instance)?
The case starts here, where facts are looked at and the law is applied
This is the initial level of the court hierarchy.
What happens in an Appeals Court?
A higher court reviews the decision and sometimes the facts
This court addresses potential mistakes made by the lower court.
What is the highest court called?
Supreme Court
The Supreme Court makes the final, unchangeable decisions.
Who initiates the dispute resolution process in criminal law?
A public prosecutor
This is different from civil and administrative law.
Who can initiate the dispute resolution process in administrative law?
Either the administration or the subject
This allows for flexibility in handling administrative disputes.
In civil law, who initiates the dispute resolution process?
Private parties
Individuals or entities bring cases to court in civil matters.
What are alternatives to a lawsuit?
- Settle
- Mediate
- Arbitrate
These methods provide different avenues for dispute resolution outside of court.
What complicates disputes when parties are not in the same county?
Determining which law applies and where the case should be heard
Jurisdiction and authority issues arise in such situations.
