Recht overig

Question 1

What is a Natural person?

Answer 1

A human being (individual) who can act as a legal subject.

Question 2

What is Legal entity?

Answer 2

An entity which can act as a legal subject (company, foundation)

Question 3

What laws fall under public law?

Answer 3

All laws where government is involved:
- Administrative law and Criminal law

Question 4

What law fall under private law?

Answer 4

All laws where natural persons and legal entities have conflict
- Civil law

Question 5

What does criminal law state? (3)

Answer 5

• which actions are punishable
• what penalties are imposed for specific actions
• describe the procedures by which someone can be prosecuted for a criminal offence

Question 6

What is the biggest between civil law and admin/crim. law in how a case is started?

Answer 6

• the civilian must activate the lawsuit himself. For civil cases there is no central organization that brings cases to court on behalf of the injured party.

Question 7

What is an example of a case that covers all 3 legal areas?

Answer 7

1 The veterinarian commits a criminal offence (inflicting injury on a pet),
2 an administrative offence(operating without the necessary registration)
3 and an unlawful act against the owner of the pet (civil law).

Question 8

Who enforces criminal law AND where is the way that investigation and prosecution takes place described?

Answer 8

• investigative officers (police)
• Wetboek van Strafvordering

Question 9

What can a party do when they don’t agree with the decision made in administrative area?

Answer 9

• Present case to administrative judge, judge will decide whether the right decision was made.

Question 10

Where are the rules of administrative law described?

Answer 10

• Algemene Wet Bestuursrecht

Question 11

What can parties do to present a dispute in civil law to a judge?

Answer 11

• Follow procedures described in Wetboek van Burgerlijke Rechtsvordering

Question 12

What are the sources of law in NL?

Answer 12

• International treaties and national laws
• Regulations established by court cases or by public are in case law and customary law.

Question 13

What is customary law?

Answer 13

Unwritten law (gewoonterecht)

Question 14

What is the most important basis for European legislation?

Answer 14

The Treaty of Lisbon of December 13 2007

Question 15

Where is described what can serve as evidence in criminal law?

Answer 15

Wetboek van Strafvordering

Question 16

What are facts that are generally known?

Answer 16

facts that every reasonable person knows or can know

Question 17

There must be always several pieces of evidence to get a conviction, what is the exception?

Answer 17

Official police report, for example for a speeding ticket

Question 18

How does a forensic expert need to perform in civil law and criminal law?

Answer 18

civil = ‘to the best of his abilities’.
criminal = truthfully, complete and to the best of my knowledge