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Legal > Session 1 Law > Flashcards

Session 1 Law Flashcards

1
Q

Criteria for belonging to a legal system

A
  1. traditions, technics and methods are similar
  2. vocabulary and concept are the same
  3. legal classification are the same
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2
Q
  1. traditions, technics and methods are similar
  2. vocabulary and concept are the same
  3. legal classification are the same
A

Criteria for belonging to a legal system

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3
Q

Power of state

A
  1. executive: enforce law, minister or president
  2. legislative: make laws. Assembly, congress, council, diet, state, parliament.
  3. judiciary: adjudicates legal disputes and interprets, defends and applies law.
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4
Q
  1. executive: enforce law, minister or president
  2. legislative: make laws. Assembly, congress, council, diet, state, parliament.
  3. judiciary: adjudicates legal disputes and interprets, defends and applies law.
A

power of state

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5
Q

steps to creates new rules/law

A
  1. Negotiation: ministers
  2. Signature of the documents: executive body, biding in law
  3. Ratification: legislative body or referendum, if it is not tectified will not pass as law.
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6
Q

international convention

A

create law for the states. Agreement between different countries that is legally biding.

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7
Q

create law for the states. Agreement between different countries that is legally biding.

A

international convention

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8
Q

compliance program

A

set of internal policies and procedures in a company to comply with rules

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9
Q

set of internal policies and procedures in a company to comply with rules

A

compliance program

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10
Q

objectives of a compliance program

A
  1. Prevent risks
  2. Detect infringements: audit, whistleblowing offer
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11
Q

common law system

A

English law based on rules developed by the royal courts after the Norman conquest, applicable to the whole country

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12
Q

English law based on rules developed by the royal courts after the Norman conquest, applicable to the whole country

A

common law system

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13
Q

state

A

institution that has total sovereigntyon its territory and can decided which rules, exclusive jurisdiction

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14
Q

high court

A

deals with civil laws cases and has a supervisory jurisdiction overall subordinate courts and tribunals

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15
Q

chancery division

A

possible to launch an appeal to the court of appeal, then Supreme Court (patents, registred designs,…)

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16
Q

institution that has total sovereigntyon its territory and can decided which rules, exclusive jurisdiction

A

state

17
Q

deals with civil laws cases and has a supervisory jurisdiction overall subordinate courts and tribunals

A

high court

18
Q

possible to launch an appeal to the court of appeal, then Supreme Court (patents, registred designs,…)

A

chancery division

19
Q

court of appeals

A

deals only with appeals from other courts or tribunals

20
Q

house of lords/supreme court

A

make and shape laws, able to modify precedents

21
Q

jurisprudence

A

interpretation of legal rules by the judge, it is the second source of law

22
Q

case law

A

based on precedents, judicial decisions from previous cases, fit evolution of society, lack of legal certainty. PRAGMATIC

23
Q

deals only with appeals from other courts or tribunals

A

court of appeals

24
Q

make and shape laws, able to modify precedents

A

House of Lords/supreme court

25
Q

interpret ion of legal rules by the judge, it is the second source of law

A

jurisprudence

26
Q

based on precedents, judicial decisions from previous cases, fit evolution of society, lack of legal certainty. PRAGMATIC

A

case law

27
Q

plaintiff

A

persons who sues

28
Q

persons who sues

A

plaintiff

29
Q

civil law or continental law

A

legal system based on roman law, law are writing and publish, the judge IMPLEMENT the pre-existing legal rule. DOGMATIC

30
Q

legal system based on roman law, law are writing and publish, the judge IMPLEMENT the pre-existing legal rule. DOGMATIC

A

civil law or continental law

31
Q

Hierarchy in a civil law country

A
  1. constitution
  2. international convention and treaties
  3. status and acts
  4. customary law
  5. jurisprudence/case law
32
Q
  1. constitution
  2. international convention and treaties
  3. status and acts
  4. customary law
  5. jurisprudence/case law
A

hierarchy in a civil law country

33
Q

private law

A

relationship with physical person. Family, property,…

34
Q

public law

A

rules dealing with state. International public law, constitutional law, administrative law

35
Q

customary law

A

practice that has been followed in a particular locality under such circumstances that the practice has become accepted as part of the local law

Legal (6 decks)

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