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Part 1: Introduction to Law Flashcards

Introduction to Law, legislative acts, legal relationships (Chapter 1, 2 and 3)

1
Q

What is law

A

a system of rules regulating the conduct of individuals within society, assisted by mechanisms set in place to ensure enforceability

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2
Q

Why does the law exist?

A

“Man is by nature a social animal” - Aristotle

Where there is man, there is a society, where there is a society, there is law.

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3
Q

What is the state?

A

A politically organised community, established on a specific territory, characterised by being independent and sovereign

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4
Q

Natural Law

A

Claim that humans are born with a moral compass that guides human behaviours

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5
Q

Positive Law

A

statutes/laws approved, published and enforced in a community/state.

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6
Q

Constitutional court and its purpose

A

A high court that deals with constitutional laws

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7
Q

What are the fundamental tasks of the state?

A

Security, Justice, economic, social and cultural welfare

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8
Q

Other systems that regulate conduct

A
  • Religion
  • Morality (the conduct to be good)
  • Social Rules (social conduct)
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9
Q

What are constitutional laws?

A

laws that define power, structure and roles within a state (parliament, executives, legislature, and judiciary, in addition to basic human rights)

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10
Q

Two main law systems in the world

A

Common law and Civil law

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11
Q

What is Common law?

A

Majority of rules not written, courts are followed and ruled by precedents (past case rulings)

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12
Q

What is Civil Law?

A

Every law is drafted and published in legal codes. Judges make decisions independent of what previous judges have ruled before.

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13
Q

What countries are under Common Law?

A

The U.S and U.K primarily.

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14
Q

What countries are under Civil law

A

Most west European countries (Portugal, Spain)

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15
Q

Who approves the laws in portugal?

A

the parliament and the government

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16
Q

Code

A

A category that contains all the laws of a certain topic (commerce, civil)

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17
Q

Precedents

A

Decisions made by previous judges that cannot be changed and must be followed as exceptions

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18
Q

Legal provisions

A

A rule that was written in a law that is published and therefore it is enforced

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19
Q

Two parts of a legal provision

A

A description of the situation /event that determines their application (abstract description)
Conduct that should be adopted should the situation arise (determination)

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20
Q

What are the abstract description and determination of the following statement:
“Whoever kills a person shall be liable to imprisonment term ranging from 8 to 18 years.”

A

Abstract description: The killing of a person.

Determination: Sanctions of imprisonment/jail for 8-18 years

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21
Q

Main characteristics of legal provisions (GAMBE)

A

Generic
Abstract
Mandatory
Breakable
Enforceable

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22
Q

4 entities exercising sovereignty in portugal?

A

government, parliament, the court and the president

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23
Q

Sovereign

A

people/groups having power/independence to make rules,

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24
Q

Any law that goes against the constitution is

A

unconstitutional

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25
What is a veto?
The right of a president/prime minister to reject a decision or proposal from lawmaking entities.
26
Different types of veto
Political veto (based on political opinions) legislative veto (based on unconstitutional grounds)
27
Quorum
The minimum number of people in the assembly in order for a meeting to take place
28
Normative acts types
Legislative acts (laws) and other normative acts (implementing rules, regulations)
29
Legislative acts
Laws, such as constitutions and laws in the codes (criminal, civil, tax).
30
Other normative acts (examples)
Regulations such as environmental regulations or safety hazards Executive order/decrees from president Local ordinance (zoning orders and noise regulations)
31
There is a hierarchy between different normative acts. Which one holds the highest place in the hierarchy of laws?
The Constitution
32
What does the hierarchy of laws state regarding laws in different and equal positions of legal power?
Laws and decree laws possess equal force, and can revoke each other (the most recent replaces the oldest). Laws in lower positions can be overruled by laws in higher positions.
33
What is the main legislative organ?
The Assembly of the Republic
34
Simple majority
majority out of the people who voted
35
Absolute majority
more than half (50%+)
36
Qualifying Majority
requires a significant portion of the people (usually 75%) of people present to vote
37
Legal relationship
a social relationship regulated by law, composed of one party having a right or another party having an obligation.
38
How can you initiate a legal relationship
Typically starts through either contract agreements, breaking the law and civil liability
39
Civil Liability
the legal obligation that a party needs to pay for damages or to follow court enforcements.
40
A public deed
a signed legal document executed by the republic for immovable things (houses, buildings)
41
how do you initiate a legal relationship with regards to civil liability?
infringing on someone's rights (civil liability)
42
Absolute rights
The right to live self integrity (reputation) freedom of thought, religion prohibition of inhuman treatment or punishment
43
Active subject
holder of the right or to exercise a right
44
Passive subject
party that is bound by the obligation
45
Legal personality
the ability to hold rights and to be subject to obligations
46
Types of subjects
natural persons or legal entities which are organizations and compaanies
47
commercial company
a group of people who come together for a business endeavor to make profit
48
association
a group of people who come together to pursue a non profit purpose.
49
legal capacity (quantitative)
the measure of rights and obligations
50
legal personality (qualitative)
the ability to hold rights and legal obligations
51
generic legal capacity
includes the totality of the rights and obligations recognized in a legal order.
52
specific legal capacity
only certain categories of rights and obligations
53
legal capacity to enjoy
the measure of rights and obligations a person may hold or be subject to
54
Legal capacity to exercise
the measure of rights and obligations a person may exercise personally and freely.
55
minors have a legal capacity to enjoy but not have a specific legal capacity in situations such as...
Right to vote Drinking Driving
56
Legal incapacity
the measure of rights and obligations a person is incapable of holding or being subject to.
57
Things
objects and entities that are subject to ownership or legal effect
58
Movable and non movable things
items that can be easily transported (movable) and things that are not (nonmovable)
59
What does the law state regarding movable and non movable things and the example they provide
The law states about the 5-6 non movable things, which are land, real estate, rivers, buildings, etc... then affirms that everything else is movable.
60
Fungible and non fungible
fungible things are goods that are replaceable and aren't unique, while non fungible things are one of a kind, given by production (art pieces) or other elements (sentimental value)
61
Facts
events and occurrences that generate legal effects
62
examples of natural facts
tsunamis, floods, earthquakes, tornadoes
63
why do natural facts generate a legal relationship, and between who
due to environmental damages on property, it can generate a legal relationship between yourself and the insurance company
64
voluntary human facts or legal acts
legal acts that constitute simple legal acts or legal business
65
Legal acts
an action (non-intended) with a legal effect (ex. punching someone infringes on someone's rights, and you will have civil liability)
66
Legal businesses
acts carried out with the intention to generate legal effects ( unilateral such as a will, bilateral such as a contract)
67
Unilateral businesses
there is only one will or one party (a person's last will, a power of attorney, the act of establishing a foundation)
68
bilateral businesses
requires the will of two or more people, pursuing interests that come together to obtain an agreement.
69
Every legal fact must be one of 3 things, which are
a constitutive fact (generate legal relationships) ex. act that results in civil liablity A modifying fact (change, amend or modify a legal relationship) ex. amendment of a contract Extinctive fact (extinguish legal relationships) ex. full payment of a debt
70
Enforceability (sanctions)
an agreement in order to make people obey by threatening a punishment if a law or rule is disobeyed
71
Sources of law
means through which the law is created and revealed.
72
Internal sources of law
law/statutes (civil law) custom jurisprudence (common law)
73
International source of law (examples)
international treaties EU law
74
Regulation
Approved by the EU (or any other source of law) and once its published it becomes automatically binding on all EU nations unconditionally
75
Directive
A legislative act that needs to be transposed (adjusted) and reached by each nation (think as a goal that countries must reach with their laws)
76
Example of a directive
EU single-use plastics directive Tax on sugar goods (set as a margin)
77
What happens if a directive is not achieved by a nation
sanctions will be applied.
78
What are your obligations under a tax legal relationship?
- To pay taxes - submit a tax statement
79
Administrative offences
A less serious punishment than a crime when violating a law
80
types of sanctions
compulsory preventive punitive reconstructive compensatory
81
Compulsory penalties (sanctions)
these penalties are intended to guarantee that the law is complied with. The object is to avoid the continuation of the infringement by imposing a punishment.
82
Example of compulsory penalties (sanctions)
periodic penalty payments
83
Reconstructive sanctions
Seek to reconstitute the situation exactly as it was prior to the infringement.
84
Preventive sanctions
Measures taken to prevent entities from engaging in prohibited conduct before it occurs
85
Examples of preventive sanctions
Fines, injunctions, restraining orders
86
Punitive sanctions
penalties imposed on individuals for committing an offence. They are intended to punish past behaviour.
87
Examples of Punitive sanctions
imprisonment, community service, forfeiting assets
88
compensatory sanctions
Measures taken to compensate victims suffered as a result of another party's actions.
89
Examples of compensatory sanctions
monetary compensations (for damages, medical expenses, property damage)
90

Business Law (5 decks)

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