topic 1 law and society, civil law Flashcards
What is it and Why is Law usefull for society?
Set of rules enforceable by the court which regulates the relationship between
1. the state - citizens
2. citizens - citizens.
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Two ideas underline the concept of Law:
1.Order, in the sense of method or system.
2.Compulsion/OBLIGATIONS: the enforcement of obedience to the rules.
deffinition of law
law is A rule, an instrument to organize the society establishing rules of conduct.
definion of Law
Enforceable BODY OF LEGAL RULES that governs peaceful coexistence in society.
Current enforceable Law: Positive Law.
property criminal family commercial obligatios constitutional administration tort contract civil tax succession procedural merchandise labour and ss
PUBLIC: criminal constitutional administration tax procedural labour and ss ------------------------------------------------------------------------- PRIVATE: law of property family obligations tort contract commercial / merchandise contract civil succesion
Deff Public Law
Regulates the organization of the State and other public entities and their activity.
Relationship between the State and citizens.
Deff Private Law
Primarily concerned with the RIGHTS and DUTIES of individuals towards each other.
Individuals and the state.
Civil Law deff
Civil Law individuals towards each other.
Concerns relationships betweeen individuals within the comunity.
IT IS SUPPLEMENTARY.
name the 6 Regional Civil Laws/ foral Laws
Cataluña País Vasco Navarra Aragón Baleares Galicia
Consider the following legal actions and indicate whether Public or Private Law proceedings would result. Justify your answer.
(a) Ann decides to divorce her husband, Barry, after 10 years of marriage;
(b) Colin is given a parking ticket by a traffic warden for parking on double yellow lines;
(c) Diane returns a faulty steam iron to the shop where she bought it, but the shop manager refuses to give her a refund;
(d) Eamon drives at 50 mph on a stretch of road where there is a 30 mph limit. He fails to see Fiona, who is crossing the road. She is knocked down and sustains severe injuries;
(e) Graham takes a copy of Business Law from the reference section of the library, with the intention of returning it when he has finished his first assignment. He finds the book so valuable that he decides to keep it;
(f ) Hazel returns to England after working abroad for three years. While abroad, she rented her flat to Ian. She now gives him notice to quit, but he refuses to move out.
A. private B. public C. private D. private tort DONT KNOW E. public F. private
