Principles of Law Flashcards
What is Law?
A system of rules (interconnected and coherent) of a binding nature that aims at social organising citizens in a given territory under a specific authority that supervises and enforces such rules and apply legal consequences (or sanctions) if not properly met. The objective is to reach peaceful coexistence.
Six Key Elements of Law
Binding; territory; authority; enforcement (sanction), social organisation, system of rules
Parts of legal rules
Factual situation and Legal consequence
What is the Factual situation of a legal rule?
Hypothetical act or situation that may possibly happen in the future.
What is the legal consequence of legal rules?
Legal effect that will be determined by the authorities, given specific circumstances of a factual situation. There is no direct application of a legal consequence, considerations will be regarded.
Features of Law
Prescription: message to a certain group of individuals which condition their behaviour.
Coercivity: Use of force to ensure that the legal rules are being followed.
Preponderance: superior in power than other normative systems in a society.
Nullity
A rule does not meet any requirements of legality (as if it has never existed).
Derogation
A rule that ceases to belong in the legal system (no longer valid).
Legal validity
Bindingness, must be followed. As for a rule to be valid if must have:
Legality: the rule is laid down in accordance with the ruling legal system.
Belonging: rule is part of the legal system.
Applicability: Rule can be applied to certain cases.
Sources of Law
Laws are a combination of rules and principles of conduct promulgated by Legislative Law, derived from Judicial Law and established by Customary Law
Legislative Law
Written, general assumptions (theory) that are intentional and expressed in enacting acts by an identifiable author (individual or institution).
Example: Constitution, acts, bills, laws.
Judicial Law
Application of legislative law taking into account the circumstances of a particular case. It is intentional and expressed acts by identifiable authors that mat be reproduced later on in similar cases.
Customary Law
No identifiable author as it refers to behaviour that has been establish over time, sometimes these can influence enacted legislative laws. Can be taken into court for consideration.
Hierarchy of Spanish Law
1) Constitution
2) Legal rules
3) Regulations
Material sources of Spanish Law
Mostly the State is the one in power of generating legal rules. There are contributing actors that may help:
- Citizens through tradition
- Government as executive power to decree laws
- Territorial Authorities by local regulation or ordinances.
Formal sources of Spanish Law (7)
A- Constitution: Source of validity and normative category in the legal system. It represents the guidelines, values and essential principals that Spaniards agreed upon to enable democratic coexistence.
B- The Law: All written standards, aligned with the Constitution, from legitimated agents (State and Regional Parliaments) that have regulatory powers.
C- The Custom: unwritten legal norms accepted and incorporated into an entire or the greater majority of a community.
D- General Principles of Law: Principles that underpin legal system and help when interpreting rules, may be found in the Constitution or derived from it in legal voids situations.
E- Jurisprudence: Court decisions made by judges in tribunals that can be used in other case.
F- EU Law: Come into Spanish Law by the Spanish Constitution through the signing of treaties.
G- International Treaties: Arrive into Spanish Law through the signing of treaties, they have supra legal but infra constitutional nature.
Application of Law
Activities carried out to adjust legal rules into reality as to assign a legal consequence.
Legal interpretation and integration of rules are fundamental as to provide a meaning to legal rules in certain legal relationship and, if legal void is identified, provide judicial interpretation in accordance with existing normative.
Effectiveness of Law
To protect legal rules’ acts and provide sanctions to unlawful behaviour.
Legal rule = Duty to comply.
If unmet, legal consequences apply.
Legal framework
System of rules that govern a specific location during a certain amount of time.
Legal framework branches
Public Law, Private Law, Public International Law, Private International Law, European Union Law.
Justice vs Law
Justice is the notion of rightfulness, morality, equality and ethics. Justice is a pillar part of Law as everyone should be regarded the same and treated equally (same rights).
