Topic 2 - Sources of Law

Question 1

What are the sources of Law

Answer 1

1. Statudes (laws)
2. Customary norms
3. General Principles of Law

Question 2

Sources of law - Statutes of LAW definition ( 5 points)

Answer 2

1. Legal norm developed, enacted and published by the competent body. ( autonomous c. and internal orgs)
2. comes in to force 20 days after full publication in the Spanish Official GAZZETTE. Unless otherwise stated.
3. Non-retroactivity
4. Ignorance of the law does not excuse from compliance thereof
5. Do not need to be proven in court.

Question 3

Sources of Law -

When does a law cease its effectiveness ( 3 points).

Answer 3

A law cease its effectiveness:

1. When it is repealed by a subsequent law
2. When it becomes incompatible with a newly enacted law
3. When it was enacted for a limited period of time

Question 4

Sources of law - what are the dif statutes of Law:

Pyramid

Answer 4

Constitution- 1978, supreme
Organic Law
Ordinary Law
Decree-Law - Emergencies (e.g. covid)
Legislative Decree - by parlament

Supranational laws:::
International Treaties
Signed, ratified and published
Reciprocity principle

European Union Law

(i) Directive
(ii) EU Regulation

Question 5

sources of law -

customary laws definition (2) and requirements (3)

Answer 5

1. Set of customs, practices and beliefs that are accepted as obligatory rules of conduct by people and local communities.
2. ## Not writtenThe requiremens:
3. Have to be legal.
4. Need to be proven in court.
5. Can´t go against the law.

Question 6

3. What are the General Principles of Law?

Answer 6

Fundamental ideas that inform our legal system

(i) Good faith
(ii) Not to hurt others
(iii) Compensation of damages caused by a negligent act
(iv) Private autonomy (pacta sunt servanda) CAN´T BE APPLIED BY COURTS IN CIVIL CASES)

Question 7

Case law / judisprudence deff

Answer 7

“Case law shall complement the legal system by means of the doctrine repeatedly upheld by the Supreme Court in its interpretation and application of laws, customs and general legal principles.”

Lacks general character and abstraction

Question 8

What are the 5 chambers in the supreme court?

Answer 8

Civil Chamber
Criminal Chamber
Administrative Chamber
Labour Chamber
Military Chamber

Question 9

what are the names of the different legal systems in the world?

Answer 9

1. civil law
2. common law
3. Mixed law
4. musim law
5. customary law

Question 10

Whhat are the names and what is the order of the courts?

Answer 10

1. National jurisdiction
   a. Supreme courts
   b. Naional high courts
2. Regional jurisdiction
   a. High courts of justice
3. Provincial jurisdiction
   a. provincial courts
   b. criminal courts
   c. courts of contentious
   d. administrative c.
   e. juvenile, commercial and prison courts.
4. Local juristiction
   a. courts of firts instance
   b. Magistrates Courts
   c. Violence against women