Session 1: Fundamental Notions of Law Flashcards
law
a set of general and impersonal rules (that apply to everyone) of conduct aimed at organizing life at a given society.
objective law
set of legal rules that govern the life of people in a given society, and its enforcement is sanctioned by public authorities
positive law
serves the objective law that is currently applicable in a given country. legal rules enacted by people in a political community
subjective rights
connection with individual liberties: rights that fix the limits within which a subject is entitled to freely express their will. (specific and personal)
public authorities
the French Constitution, national statutes, international treaties, etc.
what is positive law composed of?
includes constitutions, regulations, and statutes
characteristics of legal rules
general, impersonal, permanent, binding, enforceable
branches of international law
private and public
public law
public authorities, between countries or organizations
private law
between citizens or private companies
branches of law in France
public, private and mixed
mixed law
both private and public. ex: criminal law
hierarchy of norms
a vertical order of legal acts: the lower levels being subject to those at a higher level
hierarchy of norms pyramid
constitutional rules
international laws
statutes
executive orders
regulations
case-law
administrative acts: ministerial, local, or municipal
case law
law said by the judges