Session 1 Law Flashcards
Criteria for belonging to a legal system
- traditions, technics and methods are similar
- vocabulary and concept are the same
- legal classification are the same
- traditions, technics and methods are similar
- vocabulary and concept are the same
- legal classification are the same
Criteria for belonging to a legal system
Power of state
- executive: enforce law, minister or president
- legislative: make laws. Assembly, congress, council, diet, state, parliament.
- judiciary: adjudicates legal disputes and interprets, defends and applies law.
- executive: enforce law, minister or president
- legislative: make laws. Assembly, congress, council, diet, state, parliament.
- judiciary: adjudicates legal disputes and interprets, defends and applies law.
power of state
steps to creates new rules/law
- Negotiation: ministers
- Signature of the documents: executive body, biding in law
- Ratification: legislative body or referendum, if it is not tectified will not pass as law.
international convention
create law for the states. Agreement between different countries that is legally biding.
create law for the states. Agreement between different countries that is legally biding.
international convention
compliance program
set of internal policies and procedures in a company to comply with rules
set of internal policies and procedures in a company to comply with rules
compliance program
objectives of a compliance program
- Prevent risks
- Detect infringements: audit, whistleblowing offer
common law system
English law based on rules developed by the royal courts after the Norman conquest, applicable to the whole country
English law based on rules developed by the royal courts after the Norman conquest, applicable to the whole country
common law system
state
institution that has total sovereigntyon its territory and can decided which rules, exclusive jurisdiction
high court
deals with civil laws cases and has a supervisory jurisdiction overall subordinate courts and tribunals
chancery division
possible to launch an appeal to the court of appeal, then Supreme Court (patents, registred designs,…)
institution that has total sovereigntyon its territory and can decided which rules, exclusive jurisdiction
state
deals with civil laws cases and has a supervisory jurisdiction overall subordinate courts and tribunals
high court
possible to launch an appeal to the court of appeal, then Supreme Court (patents, registred designs,…)
chancery division
court of appeals
deals only with appeals from other courts or tribunals
house of lords/supreme court
make and shape laws, able to modify precedents
jurisprudence
interpretation of legal rules by the judge, it is the second source of law
case law
based on precedents, judicial decisions from previous cases, fit evolution of society, lack of legal certainty. PRAGMATIC
deals only with appeals from other courts or tribunals
court of appeals
make and shape laws, able to modify precedents
House of Lords/supreme court
interpret ion of legal rules by the judge, it is the second source of law
jurisprudence
based on precedents, judicial decisions from previous cases, fit evolution of society, lack of legal certainty. PRAGMATIC
case law
plaintiff
persons who sues
persons who sues
plaintiff
civil law or continental law
legal system based on roman law, law are writing and publish, the judge IMPLEMENT the pre-existing legal rule. DOGMATIC
legal system based on roman law, law are writing and publish, the judge IMPLEMENT the pre-existing legal rule. DOGMATIC
civil law or continental law
Hierarchy in a civil law country
- constitution
- international convention and treaties
- status and acts
- customary law
- jurisprudence/case law
- constitution
- international convention and treaties
- status and acts
- customary law
- jurisprudence/case law
hierarchy in a civil law country
private law
relationship with physical person. Family, property,…
public law
rules dealing with state. International public law, constitutional law, administrative law
customary law
practice that has been followed in a particular locality under such circumstances that the practice has become accepted as part of the local law