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International Business Law for IB > Part 1a - Intro to Law > Flashcards

Part 1a - Intro to Law Flashcards

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1
Q

Ethics

A

The study of morality.

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2
Q

Metaethics

A

The nature of morality

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3
Q

Objectivism

A

Objectivists believe that moral values are absolute and universal. However, determining a set of values is extremely controversial

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4
Q

Relativism

A

Relativists argue that morals are context-driven and subjective.
They believe morals can change as they are the reflection of the beliefs of people themselves.

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5
Q

What is the difference between law and morality?

A

Some moral rules are difficult to police- a state will not be able to enforce a law too divergent from social attitudes. This means law and morality do not always overlap.

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6
Q

Virtue theories

A

These focus on developing good traits of character.

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7
Q

Duty theories

A

These theories seek to set out fundamental obligations- like Kant’s Theory of Duty.
The focus in this case is toward the action rather than the consequence to determine whether an action is morally right or wrong.

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8
Q

Consequentialist/Utilitarian theories:

A

Determining whether an action is right or wrong with consequentialist theories (like the name), is determined by the outcome rather than the action or intentions behind it.

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9
Q

Jurisprudence

A

AKA “Legal theory” or “philosophy of law”.
This is the formal study of themes of law. It demonstrates how and why the law is created as it is, and places the law in context.

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10
Q

Montesquieu proposed the separation of power (trias politica) (3)

A
  1. Executive Power
  2. Judicial Power
  3. Legislative Power
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11
Q

Executive Power

A

The power to execute, put into effect, and to enforce laws.
This includes the military, police, and government.

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12
Q

Judicial Power

A

The authority granted to courts by the Constitution to interpret and decide, (based on sound legal principles), and rule accordingly.

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13
Q

Legislative Power

A

The authority under the constitution that makes the laws and can alter them.

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14
Q

Constitution

A

The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it

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15
Q

Jurisdiction

A

A political or geographical entity where a particular law has application.

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16
Q

What are the 4 main sources of law in England and Wales?

A
  1. Statutes
  2. Case Law
  3. EU Law
  4. ECHR Law
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17
Q

Statutes

A

A written law passed by a legislative body.

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18
Q

Case Law

A

Law based on decisions that have been made by judges in the past
AKA Common Law

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19
Q

EU Law

A

Laws coming from the EU increasingly affecting the English legal system

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20
Q

ECHR law

A

Laws coming from the European Convention on Human Rights

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21
Q

Common law vs Civil law

A

In common law systems, case law is dominant.
In civil law systems, codified statutes predominate.

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22
Q

Maxims of Equity

A

Maxims = Principles
These serve as a set of general principles or rules that are said to govern how equity operates.

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23
Q

What remedies are given aside from monetary compensation? (2)

A
  1. An injunction
  2. A degree of specific performance
24
Q

Injunction

A

Someone is ordered to perform an action or refrain from an action.

25
Q

A degree of specific performance

A

The court orders someone to perform their obligations under a contract of trust.

26
Q

The Executive Powers (how EU laws are made) (2)

A
  1. The European Commission
  2. The Council of Ministers
27
Q

The Legislative Powers (how EU laws are made) (2)

A
  1. European Parliament
  2. The Council of Ministers
28
Q

The European Commission (The Executive Powers)

A

They deal with the development and implementation of policies. Commissioners work independently but are appointed by national governments.

29
Q

The Council of Ministers (The Executive Powers)

A

This council consists of a government representative from each member state. Being within the Executive role- it is the main decision making body- mostly of the EU for economic policy.

30
Q

European Parliament (The Legislative Powers)

A

Appointed: Each member state.
Action: They supervise the European Commission and work with national (EU) Parliaments to gain their input.
Specification: A “co-legislator”, they have power to adopt and amend legislative proposals and decide on the EU budget.

31
Q

The Council of Ministers (The Legislative Powers)

A

Appointed: These commissioners are appointed by national governments- also work independently.
Action: This commission develops and implements policy.
Specification: In the legislative role, it has the co-decision procedure, together with the Parliament and approves the EU budget.

32
Q

EU Budget

A

The EU Budget finances EU funding programs and various other expenditures.

33
Q

Judicial Powers (how EU laws are made)

A

Appointed: This court consists of judges nominated by each of the member states.
Action: This is to ensure that the EU Law is observed throughout the EU.
Specification: It has the power to judicially review the actions of other institutions.

34
Q

Conflict of laws

A

Sometimes it is less clear which laws would apply or which bodies have jurisdiction to settle disputes.

35
Q

Where does the Public International Law cover?

A

The Law of the Sea, The Antarctic, The environment, space law, armed conflict, and war crimes.

36
Q

Certainty in doing business

A

As businesses enjoy certainty within an agreement, these are rules which stipulate contract terms where they have failed to do so.
Common instruments: CIGS, PICC, Incoterms

37
Q

Nature of proceedings for Criminal law (criminal case)

A

Prosecution

38
Q

Nature of proceedings for Civil law (civil case)

A

Claim

39
Q

Who initiates proceedings (criminal law)

A

Started by the state, then continued by CPS (lawyers who are civil servants)

40
Q

Who initiates the proceedings (civil law)

A

Commenced by the victim.

41
Q

The parties (criminal law)

A

CPS: Prosecution
Accused: Defendant

42
Q

The parties (civil law)

A

Making the claim: Claimant/Plaintiff
Against the claim: Respondent/Defendant

43
Q

Standard of proof (Criminal Law)

A

Beyond all reasonable doubt

44
Q

Standard of proof (Civil law)

A

On the balance of probabilities

45
Q

Parliamentary Sovereignty

A

Parliament has the right to make or unmake any law.
No person or body is recognized by the law as having the right to override or set aside the legislation of Parliament.

46
Q

Types of legislation (3)

A
  1. Primary legislation
  2. Secondary legislation
  3. Other legislation
47
Q

Public Bill

A

Introduced to Parliament by members of Parliament and concern matters affecting the public as a whole.

48
Q

Private Bill

A

Submitted by a person or body who needs parliamentary authority to get something done.
(i.e. Infrastructure projects).

49
Q

Primary Legislation

A

In this case statutes are called bills, and “acts” refer to primary legislation.
There are 2 types of bills:
- Public bills
- Private bills
There are 2 types of acts:
- Consolidating acts
- Codifying acts

50
Q

Presumption

A

A rule that is presumed to apply in certain situations.
These are rebuttable (can be taken out) when there is enough evidence on the contrary.

51
Q

Consolidating acts

A

Consolidation (re-enforcement) occurs when 1 statute re-enacts law that was previously contained in different statues.

52
Q

Codifying acts

A

Codification (arranging) occurs when all law on a topic is brought together in one new statute.
These laws refer to: Common law, custom, or statutes.

53
Q

Secondary legislation

A

These are any laws which are not directly made by the parliament or a devolved legislature. These laws are generally made with the authority of the parliament by local authorities.
i.e. Governments, the Crown, Local authorities, etc…

54
Q

By-laws

A

Made under the authority of parliamentary statutes, they are made by local authorities to deal with issues which are common in that area.
By-laws can only take effect when they are confirmed by the appropriate minister.

55
Q

Other legislation

A

As the government is so complex, there are certain rules that need to be made by government departments without formal parliamentary examination.
AKA Tertiary legislation.

56
Q

Parliament definition

A

The word ‘parliament’ comes from the French word parler, which means ‘to talk’.
A parliament is a group of elected representatives with the power to make laws.
The fundamental concepts of meeting, representation and legislation - law-making - go back thousands of years.

International Business Law for IB (10 decks)

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