Lesson 1 Flashcards

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1
Q

What is Law?

A

A set of rules created by state institutions which make laws through the authority of the state. Laws also have sanctions enforced by state-authorised bodies.

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2
Q

Important factors in law-making

A
  • Authority of the state is needed
  • Only certain institutions can make law
  • Sanctions exist for breaking the law
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3
Q

Positive Law

A

Laws created by legislation or judicial decisions

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4
Q

3 Aspects of Legal Certainty

A
  1. Certainty about the content of the law
  2. Certainty that the law will be enforced
  3. Certainty that the law will be applied consistently
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5
Q

Customary Law

A

Deals with standards of the community that have long existed in a given society

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6
Q

What are the 2 legal traditions

A
  1. Civil law jurisdictions
  2. Common law systems
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7
Q

Civil law jurisdictions

A

A legislature/other central body codifies (arrange in orderly form) & consolidates (combine) their laws

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8
Q

Common Law systems

A

Where judge-made precedent is accepted as binding law

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9
Q

Equity

A

A body of rules and principles that were developed to reduce the harsh results which may arise from the use of common law

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10
Q

Transnational law

A

Development of human rights after WW2

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11
Q

Legal subject

A

Typically human beings, but can also be anyone or anything (local council)

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12
Q

Natural persons

A

Human beings under the law

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13
Q

Legal persons

A

Organisations that have received the status of legal subject

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14
Q

2 major divisions within law

A
  1. Public & Private law
  2. Substantive & Procedural law
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15
Q

Public law

A

Part of the law which the government plays a central role

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16
Q

Private law

A

The government does NOT play a role (Individual - Individual)

17
Q

4 branches of Public Law

A
  1. Constitutional Law
  2. Administrative Law
  3. Criminal Law
  4. Public international Law
18
Q

5 branches of Private Law

A
  1. Property Law
  2. Tort Law
  3. Commercial Law
  4. Family Law
  5. Private International Law
19
Q

Substantive Law

A

Rules that give individual rights and determine what people should do

20
Q

Procedural Law

A

Rules for court procedures and the organisation of the judiciary

21
Q

Adversarial system

A
  • Witnesses called before judge & jury
  • Judge/ jury decide if guilty or not
22
Q

Investigatory system

A
  • judge in charge of inquiry & controls police investigation
  • written doc. prepared with collected evidence