Session 1

Question 1

How are laws and morals related?

Answer 1

§134 BGB: Immoral legal transaction is void

Question 2

Name sources of law (in Germany, elsewhere)

Answer 2

Statutes (Gesetze) in DE, court decisions elsewhere

Question 3

What is law?

Answer 3

Legally binding and enforced rules/constraints/rights

Question 4

What are the categories of law?

Answer 4

Civil Law (People vs People), Administrative Law (People vs. Public), Criminal Law

Question 5

What do Lawyers do?

Answer 5

Statutory interpretation through wording, purpose, context, history

Question 6

What are the western legal families?

Answer 6

• Common Law (US, UK, AU, NZ, …)
• Continental Civil Law (French Origin (FR, BE, ZA), German Origin (DACH, JP, CN)
• Nordic Law (NO, SW, FL DK)

Question 7

Differences betw. Common and Civil Law

Answer 7

Common: Doctrine of Precedence (former court rulings)
Civil: Idea of Codification (general results that apply everywhere)

Question 8

Levels of Law in Germany

Answer 8

EU, Federal, State, Cities & Councils

Question 9

What are the most important parts of “Primary Law” in the EU

Answer 9

TEU (general principles)

TFEU (more detailed rules)

Question 10

What are the most important parts of “Secondary Law” in the EU? Where are they defined?

Answer 10

§288 TFEU

• Regulations: directly applicable and binding
• Directives: choice of form and mehtods

Question 11

Name some EU Instituions. Where are they defined?

Answer 11

§13 TEU: EU Parliament, Council of the EU, Europ. Commission, Court of Justice of the EU

Question 12

What are the fundamental freedoms within the EU?

Answer 12

• Freedom of movement of workers (Art. 45 TFEU)
• Freedom of establishment (Art. 49 TFEU)
• Freedom to provide services (Art. 56)
• Freedom of movement of capital (Art. 63)

Question 13

What does “federal state” mean for Germany?

Answer 13

If not ruled otherwise by the GG the power lies with the state (Art. 30).
Federal law overrules state law (Art. 31)

Question 14

How can the GG be amended

Answer 14

2/3 majority (Art 79 III), not for Art. 1 and 20

Question 15

What types of courts are there in Germany?

Answer 15

Ordinary Courts (Civil/Criminal), Labor Courts, Administrative Courts, specialized Adm. Courts

Question 16

How is the civil court structure in Germany?

Answer 16

Federal Court of Constitution (BVerfG)
Federal Court of Justice (BGH)
Higher Regional Court (OLG)
County Court (LG)
Magistrate Court (AG)