The Legal Rule Flashcards

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1
Q

Characteristic of the Legal Rule

A
  • General
  • Abstract
  • Formal
  • Positive
  • Legitimate
  • Forcible
  • Effective
  • Prescriptive
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2
Q

Why is the legal rule … GENERAL

A

It applies to an indefinite number of subjects

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3
Q

Why is the legal rule… ABSTRACT

A

It applies to an indefinite number of situations

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4
Q

Why is the legal rule … FORMAL

A

It must respect some requisites of form and must follow the procedures for its adoption and transparency as prescribed in another legal rule of an higher value.

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5
Q

Why is the legal rule… POSITIVE

A

It is the expression of a given political decision, taken by specific bodies or institutions, for the satisfaction of the general interests in a given historical moment.

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6
Q

Why is the legal rule… LEGITIMATE

A

It must be consistent with the limits and must be adopted by the competent authority as set in its legal source of legitimation of an higher value.

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7
Q

What is a FORCIBLE legal rule?

A

The formal capacity of the legal rule to produce its legal effects.

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8
Q

Why is an EFFECTIVE legal rule?

A

The practical capability of a legal rule to be legally enforced.

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9
Q

Why is the legal rule… PRESCRIPTIVE

A

It prescribes to do or not to do a behavior, reconnecting consequences for failure.

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