Module 1: Introduction to Law

Question 1

What is the definition of “Law”?

Answer 1

The discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community.

Question 2

What is an “absolute right”?

Answer 2

A right that can be exercised against all others (e.g. property right, right to privacy).

Question 3

What is a “relative right”?

Answer 3

A right that can only be exercised against one or more determined persons (e.g. loan).

Question 4

What is an objective right?

Answer 4

The law, which is well defined.

Question 5

What is a subjective right?

Answer 5

Personal right that isn’t defined as clearly (e.g. free speech).

Question 6

What are the four purposes of law?

Answer 6

1. establishing standards
2. maintaining order
3. resolving disputes
4. protecting liberties and rights

Question 7

What is rule by law?

Answer 7

An authority is above the law (e.g. a monarch) and can create law if convenient.

Question 8

What is rule of law?

Answer 8

No one is above the law, there is a system of checks and balances.

Question 9

What are the three functions within a state under the rule of law?

Answer 9

1. Legislature (Parliament, creates laws)
2. Executive (Government, police, upholds the law)
3. Judiciary (Courts, check the law)

Question 10

What is the difference between principles and rules?

Answer 10

Principles are at a higher level of abstraction then rules. They form the background of legal rules and can be used to interpret, to complete or to correct legal rules.

Question 11

What are 4 sources of law?

Answer 11

1. Treaties (bind signed states)
2. Legislation (Imposes legal norms, e.g. Constitution)
3. Case law (Law that has arisen from earlier cases)
4. Customary law (in the absence of written law)

Question 12

What are four interpretation methods?

Answer 12

1. Linguistic (literal)
2. Historic (looking at the meaning during creation)
3. Systematic (broader context)
4. Teleological (purpose of the law)

Question 13

What is an analogy?

Answer 13

A similarity in some respects between
things that are otherwise dissimilar.

Question 14

What is a contrario?

Answer 14

From a contrary position (denotes any proposition that is argued to be correct because it is not disproven by a certain case).

Question 15

What is the difference between a directive and a regulation?

Answer 15

A directive does not contain the means of application, but only imposes the requirements of a result.

Question 16

What is the Council of Europe?

Answer 16

The continent’s leading human rights organisation.

Question 17

What is regulation?

Answer 17

The sustained and focused attempt to alter the behaviour of others.

Question 18

What are the four modalities of regulation?

And give examples

Answer 18

1. Law (drunk driving)
2. Norms (don’t litter, smoking kills)
3. Architecture (speed camera’s)
4. Market (change in btw, statiegeld)

Question 19

Based on which two principles do judges provide argumentation?

Also explain these principles

Answer 19

1. Legal certainty: Laws should be clear and understandable
2. Legal equaliy: Everyone is equal in the eyes of the law