Legal Rule Flashcards
Legal Rule
o Formal-logical structure and technical-juridical structure.
- What is the hierarchy of norms in Romania?
o Constitution, constitutional laws, organic laws, ordinary laws, government decisions, orders, instructions, and regulations.
- What are the three components of the formal-logical structure of a legal rule?
o Hypothesis, provision/command, and sanction.
- What is an official interpretation of a legal rule?
o An interpretation given by state institutions like Parliament, government, or courts.
- What is a non-official interpretation of legal rules?
o Interpretation by private individuals, which is non-binding but may guide judges.
- Define literal interpretation.
o Interpreting the law exactly as written, ensuring identical content and practical solution.
- Define extensive interpretation.
o Expanding the law’s application to cases beyond those explicitly mentioned.
- Define restrictive interpretation.
o Narrowing the scope of the law to its original legislative intent.
- What is the “per a contrario” argument?
o Excluding third-party rules, asserting “A cannot be A and non-A simultaneously.”
- What is the principle of immediate enforceability of a law?
o A law takes effect three days after publication or as specified.
- What is the principle of immediate enforceability of a law?
o A law takes effect three days after publication or as specified.
- Where does the principle of non-retroactivity originate?
o Roman law.
- What governs legal relations with foreign elements?
o International legal rules and the choice of governing law.
- Who does national law apply to in a state?
o Nationals, foreigners, and stateless people, excluding diplomats.
- What governs contracts with foreign elements?
o The governing law chosen by the parties or the law of the performing party
