Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Business Law > Part 1 of Chapter 1 > Flashcards

Part 1 of Chapter 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is the Law

A
  1. System of rules
  2. Regulates conduct within society
  3. Assisted by mechanisms to ensure enforceability (coercive means)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why does the law exist

A
  1. “Man is by nature a social animal” - Aristotle
  2. Where there is man, there is a society. Where there is a society, there is the Law.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the State?

A
  1. A politically organized community.
  2. Established on territory, exclusive to it
  3. Independent and sovereign
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Elements of the definition of “State”

A
  1. The people
  2. The territory
  3. The political power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Tasks of the State

A
  1. Security
  2. Justice
  3. Economic, social and cultural welfare
    Article 9 of the Constitution.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Other systems that regulate conduct. (Part 1/3)

A

Religion:
1. Set of rules followed by believers either in relation to other people or regarding relationship with God.
2. However, sanctions in relation to an infringement only applies in the afterlife (therefore not enforced in the present life.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Other systems that regulate conduct (2/3)

A

Morals:
Orients individual’s conduct, to practice good, thus allowing virtue. No enforcement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Other systems that regulate conduct (3/3)

A

Social rules:
1. Social conduct within society
2. Makes life within community easier
3. Non-compliance makes life more difficult
4. No enforcement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is Natural Law

A
  1. Permanent fundamental basis of all Law.
  2. Group of universal, eternal principles, arising from justice, which, some authors above and beyond the Law in force in a community at any given moment.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is positive law

A

Body of statutes approved, published and in force in a certain place and in a certain period in time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Key Elements of the law

A
  1. A system
  2. Legal Provision
  3. Enforceability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The two main legal systems

A
  1. Common Law
  2. Civil Law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explain Common Law

A
  1. Generally uncodified
  2. No comprehensive compilation of legal rules and statutes.
  3. Based on precedent and jurisprudence.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Explain Civil law

A
  1. Codified
  2. Comprehensive, continuously updated legal codes that specify all matters that could be brought to court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are Legal Provisions

A

(Normas juridicas)
Statutes, are legislative acts that contain rules of conduct, they are composed of legal provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How do legal provisions work?

A

Connects a consequence to an abstract description of a certain event.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

In what ways do legal provision function

A
  1. Describe the event that determines their application (Abstract description)
  2. Conduct that must be adopted should the situation occur. (Determination) 2/2
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Legal provisions sometimes have what?

A

Sanctions,
However, they are not necessarily a part of a legal provision but are part of the legal system.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Main characteristics of legal provision

A
  1. Generic
  2. Abstract
  3. Breakable.
  4. Enforceable
  5. Mandatory
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Explain generic

A

Legal provisions, do not consider individuals in particular, they are created for undetermined people.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Explain Abstract

A

Legal provisions do not address particular cases. Situations where provisions are applied are described in broad and non-particular manners. Do not contemplate particular cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Explain Breakable

A

Legal provisions apply to free people therefore, there is the possibility of people breaking the law, knowing that there are consequences.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Explain enforceable

A

Legal provisions are supported by a system with the means to enforce them, to use force to prevent or repress.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Explain Mandatory

A

Legal provisions issue a command that should be complied with.
However, there are provisions that grant permission, an option or the possibility of an action or a result (Like voting).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Types of legal provisions

A
  1. Of substantive content
  2. Of legal content
26
Q

Legal provisions of substantive content

A

Provisions that directly regulate an act regarding life in the community

27
Q

Legal provisions of a legal content

A

Provisions that regulate the matter of law. (Whosoever reaches the age of 18, acquires full legal capacity to govern himself and property.)

28
Q

Types of legal provisions

A
  1. National, regional and local
  2. More than perfect, perfect, less than perfect, imperfect
  3. Direct and indirect (Normas directas e indirectas)
29
Q

National, regional and local legal provisions

A

National: Apply to the entire territory
Regional: Apply to the autonomous regions
Local: Apply within local municipalities

30
Q

Perfect legal provisions

A

Provisions that sanction illegal acts by rendering them invalid or null and void.

31
Q

Example of Perfect legal provisions

A

Purchase and sale of real estae must be executed in writing by public deed, or by private executed agreement, by a notary, lawyer or commercial or registry officers.

32
Q

What are more than perfect legal provisions

A

In addition to the invalidity of the acts, there are penalties.

33
Q

Less than perfect legal provisions

A

Establish a penalty, fine or imprisonment but do not invalidate the illegal fact. (Minor gets married without parental consent, marriage is valid, but does not have legal capacity to manage estate).

34
Q

What are imperfect legal provisions

A

Provisions with no sanction
(Assembly confirms vote with absolute majority, president must enact legislative act within a time limit of eight days counting from its receipt)

35
Q

Enforceability (Sanctions)

A

Unfavorable consequences imposed by Law upon the offender as a result of an infringement of a law/Statute.

36
Q

Types of Sanctions

A
  1. Compulsory
  2. Reconstructive
  3. Compensatory
  4. Preventive
  5. Punitive
37
Q

What are Compulsory penalties (1st type of Sanction)

A

Penalties intended to guarantee that after the infringement, the law is complied with. The goal is to prevent more infringements.

38
Q

Periodic penalty payment (Compulsory Penalty)

A

At creditor’s request, the court may order the debtor to pay a monetary amount for each day of delay in complying with his obligations or for each offense.

39
Q

Right of retention (Compulsory Penalty)

A

The right to retain possession of certain things owned by another person until the possessor’s claim against the owner has been satisfied. Provided that his claim results from expenses incurred because of the thing or damages caused by it

40
Q

Reconstructive Sanction (2nd type of sanction)

A

Sanctions that seek to reconstitute the situation exactly as it was prior to the infringement/to the damage, as if the infringement never occurred.

41
Q

Specific execution (Reconstructive penalty)

A

Execution of the activity imposed by the legal provision that was breached. If the debtor is obligated to adopted a certain conduct, but fails to do so, and the creditor maintains his/her interest in the conclusion of the business, the debtor is still obligated to comply.

42
Q

Specific execution in regard to work/service

A

Only possible if it is considered fungible, if it can be done/carried out b a third person

43
Q

Specific excecution if the obligation is to not do something

A

If it was not to construct something but the debtor does it anyway it is possible to undo it, order the debtor to demolish it at his expense.

44
Q

Specific execution in regard to the execution of an agreement.

A

If someone is bound to conclude a certain agreement and does not fulfill the promise, the other party can. If it wasn’t otherwise agreed, obtain a sentence that produces the effects of the business declaration of the defaulting party, provided that the nature of the obligation is compatible with such course of action.

45
Q

What are Specific damages

A

When the debtor is under obligation to replace damaged goods, we are still within the scope of reconstructive penalty

46
Q

Compensatory penalty

A

Penalties aimed to create a situation that, although different, is equivalent to the situation that would exist if the breach did not occur. When natural reconstitution does not apply, compensatory sanctions must apply.

47
Q

Punitive penalty

A

Aims to impose suffering upon the offender and to reprove his conduct. Penalties can be criminal, civil or disciplinary.

48
Q

Punitive penalties (Criminal Penalties) Example

A

Crime of verbal offenses results in the application of an imprisonment term up to 3 months or fine.

49
Q

Punitive penalties (Civil penalties) Example

A

Maria, with intent of misleading Manuel tricks him into changing his will to benefit her. After Manuel’s death, Maria is considered unworthy and therefore she cannot access Manuel’s inheritance.

50
Q

Punitive penalties (Disciplinary sanctions)

A

Carlos attacks his supervisor, after a disciplinary proceeding he will be dismissed.

51
Q

Punitive penalty (Sanctions related to administrative offenses)

A

Non submission of tax returns/statements within the legal deadlines

52
Q

Preventive penalties

A

Aim at preventing future violations. Thus, in addition to an imprisonment term, supplementary penalties may apply, like restrictions to exercise of a professional activity.

53
Q

Sources of the Law

A

Means through which the law is created and revealed.

54
Q

Internal sources of the Law

A
  1. Law/Statutes
  2. Customs
  3. Jurisprudence
  4. Doctrine
    (First two create the law, second two ways of revealing the law.
55
Q

External sources of the law

A

EU Law:
1. Primary law (inter alia, treaties establishing the EU and the amending treaties)
2. Secondary Law (Unilateral acts, regulations, directives, decisions, recommendations, conventions and agreements.
3. Supplementary sources of the law

56
Q

Difference between EU regulations and EU Directives

A

Regulations are normative acts, they have general application, and are binding in their entirety and directly applicable in all Member states.
Directives: Binding acts of general application, addressed to the Member states which have to be transposed.

57
Q

Conditions for EU directives to still have an effect under certain conditions even when they are not transposed

A
  1. The transposition into national law has not taken place or has been done incorrectly
  2. The provisions of the directive are unconditional and sufficiently clear and precise
  3. The provisions of the directive give rights to individuals
58
Q

International sources of the Law

A
  1. International conventions
  2. International customs, evidence of a general practice accepted as law
  3. General principles of law recognized by civilized nations
59
Q

Section of the Portuguese Constitution

A
  1. The norms and principles of general or common international law form an integral part of Portuguese Law.
  2. The norms contained in duly at ratified or approved international conventions come into force in Portuguese internal law once they have been officially published, and remain so for as long as they are internationally binding on the Portuguese State.
  3. The norms issued by the competent organs of international organizations to which Portugal belongs come directly into force in Portuguese internal law, on condition that this is laid down in the respective constituent treaties.
  4. The provisions of the treaties that govern the European Union and the norms issued by its institutions in the exercise of their respective competences are applicable in Portuguese internal law in accordance with Union law and with respect for the fundamental principles of democratic state based on the rule of law.
60
Q

Example of a treaty

A

1969 Vienna Convention defines a treaty as “an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation”. The 1986 Vienna Convention extends the definition of treaties to include international agreements involving international organizations as parties.

61
Q

Agreements, example

A

Usually less formal and deal with a narrower range of subject-matter than ‘treaties’. There is a general tendency to apply the term ‘agreement’ to bilateral or restricted multilateral treaties. It is employed especially for instruments of a technical or administrative character, which are signed by the representatives of government departments, but are not subject to ratification. Typical agreements deal with matters of economic, cultural, scientific and technical cooperation.

62
Q

Convention, example

A

Generally used for formal multilateral treaties with a broad number of parties. Conventions are normally open for participation by the international community as a whole, or by a large number of states. Usually the instruments negotiated under the auspices of an international organization are entitled conventions.

Business Law (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions