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Business Law > Part 1: Introduction to Law > Flashcards

Part 1: Introduction to Law Flashcards

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

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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
Q

What is a veto?

A

The right of a president/prime minister to reject a decision or proposal from lawmaking entities.

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26
Q

Different types of veto

A

Political veto (based on political opinions)
legislative veto (based on unconstitutional grounds)

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27
Q

Quorum

A

The minimum number of people in the assembly in order for a meeting to take place

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28
Q

Normative acts types

A

Legislative acts (laws) and other normative acts (implementing rules, regulations)

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29
Q

Legislative acts

A

Laws, such as constitutions and laws in the codes (criminal, civil, tax).

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30
Q

Other normative acts (examples)

A

Regulations such as environmental regulations or safety hazards
Executive order/decrees from president
Local ordinance (zoning orders and noise regulations)

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31
Q

There is a hierarchy between different normative acts. Which one holds the highest place in the hierarchy of laws?

A

The Constitution

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32
Q

What does the hierarchy of laws state regarding laws in different and equal positions of legal power?

A

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.

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33
Q

What is the main legislative organ?

A

The Assembly of the Republic

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34
Q

Simple majority

A

majority out of the people who voted

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35
Q

Absolute majority

A

more than half (50%+)

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36
Q

Qualifying Majority

A

requires a significant portion of the people (usually 75%) of people present to vote

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37
Q

Legal relationship

A

a social relationship regulated by law, composed of one party having a right or another party having an obligation.

38
Q

How can you initiate a legal relationship

A

Typically starts through either contract agreements, breaking the law and civil liability

39
Q

Civil Liability

A

the legal obligation that a party needs to pay for damages or to follow court enforcements.

40
Q

A public deed

A

a signed legal document executed by the republic for immovable things (houses, buildings)

41
Q

how do you initiate a legal relationship with regards to civil liability?

A

infringing on someone’s rights (civil liability)

42
Q

Absolute rights

A

The right to live
self integrity (reputation)
freedom of thought, religion
prohibition of inhuman treatment or punishment

43
Q

Active subject

A

holder of the right or to exercise a right

44
Q

Passive subject

A

party that is bound by the obligation

45
Q

Legal personality

A

the ability to hold rights and to be subject to obligations

46
Q

Types of subjects

A

natural persons or legal entities which are organizations and compaanies

47
Q

commercial company

A

a group of people who come together for a business endeavor to make profit

48
Q

association

A

a group of people who come together to pursue a non profit purpose.

49
Q

legal capacity (quantitative)

A

the measure of rights and obligations

50
Q

legal personality (qualitative)

A

the ability to hold rights and legal obligations

51
Q

generic legal capacity

A

includes the totality of the rights and obligations recognized in a legal order.

52
Q

specific legal capacity

A

only certain categories of rights and obligations

53
Q

legal capacity to enjoy

A

the measure of rights and obligations a person may hold or be subject to

54
Q

Legal capacity to exercise

A

the measure of rights and obligations a person may exercise personally and freely.

55
Q

minors have a legal capacity to enjoy but not have a specific legal capacity in situations such as…

A

Right to vote
Drinking
Driving

56
Q

Legal incapacity

A

the measure of rights and obligations a person is incapable of holding or being subject to.

57
Q

Things

A

objects and entities that are subject to ownership or legal effect

58
Q

Movable and non movable things

A

items that can be easily transported (movable) and things that are not (nonmovable)

59
Q

What does the law state regarding movable and non movable things and the example they provide

A

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
Q

Fungible and non fungible

A

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
Q

Facts

A

events and occurrences that generate legal effects

62
Q

examples of natural facts

A

tsunamis, floods, earthquakes, tornadoes

63
Q

why do natural facts generate a legal relationship, and between who

A

due to environmental damages on property, it can generate a legal relationship between yourself and the insurance company

64
Q

voluntary human facts or legal acts

A

legal acts that constitute simple legal acts or legal business

65
Q

Legal acts

A

an action (non-intended) with a legal effect (ex. punching someone infringes on someone’s rights, and you will have civil liability)

66
Q

Legal businesses

A

acts carried out with the intention to generate legal effects ( unilateral such as a will, bilateral such as a contract)

67
Q

Unilateral businesses

A

there is only one will or one party (a person’s last will, a power of attorney, the act of establishing a foundation)

68
Q

bilateral businesses

A

requires the will of two or more people, pursuing interests that come together to obtain an agreement.

69
Q

Every legal fact must be one of 3 things, which are

A

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
Q

Enforceability (sanctions)

A

an agreement in order to make people obey by threatening a punishment if a law or rule is disobeyed

71
Q

Sources of law

A

means through which the law is created and revealed.

72
Q

Internal sources of law

A

law/statutes (civil law)
custom
jurisprudence (common law)

73
Q

International source of law (examples)

A

international treaties
EU law

74
Q

Regulation

A

Approved by the EU (or any other source of law) and once its published it becomes automatically binding on all EU nations unconditionally

75
Q

Directive

A

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
Q

Example of a directive

A

EU single-use plastics directive
Tax on sugar goods (set as a margin)

77
Q

What happens if a directive is not achieved by a nation

A

sanctions will be applied.

78
Q

What are your obligations under a tax legal relationship?

A
  • To pay taxes
  • submit a tax statement
79
Q

Administrative offences

A

A less serious punishment than a crime when violating a law

80
Q

types of sanctions

A

compulsory
preventive
punitive
reconstructive
compensatory

81
Q

Compulsory penalties (sanctions)

A

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
Q

Example of compulsory penalties (sanctions)

A

periodic penalty payments

83
Q

Reconstructive sanctions

A

Seek to reconstitute the situation exactly as it was prior to the infringement.

84
Q

Preventive sanctions

A

Measures taken to prevent entities from engaging in prohibited conduct before it occurs

85
Q

Examples of preventive sanctions

A

Fines, injunctions, restraining orders

86
Q

Punitive sanctions

A

penalties imposed on individuals for committing an offence. They are intended to punish past behaviour.

87
Q

Examples of Punitive sanctions

A

imprisonment, community service, forfeiting assets

88
Q

compensatory sanctions

A

Measures taken to compensate victims suffered as a result of another party’s actions.

89
Q

Examples of compensatory sanctions

A

monetary compensations (for damages, medical expenses, property damage)

90
Q
A

Business Law (5 decks)

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