Training Session Flashcards
What are the 3 functions of law?
Law has three functions:
- To give a satisfied feeling of justice
- Organised society
- Legal certainty is created
What is legal certainty?
The principle that law systems must be transparent and predictable. This is considered protection to make sure that the law is not used incorrectly.
What is public law?
- Relation between gov. & society / gov. & org. / gov. & you
- Vertical relationship
- Influences bigger groups (e.g. society as a whole)
- e.g. administrative law
What is private law?
- Relation between citizens or citizen + org.
- e.g. contract & liability law
What is legal positivism?
Law exists once written down, form important, legal certainty
What are codified standards?
Written rules produced by a legislator. Law & treaties
What is the application of law?
Case law. Applying law with an interpretation of it, to further specify it.
What is case law?
The interpretation by a judge of the written laws, is the totality of verdicts given by judges in a country.
What are legal writings and teachings?
Books on law
What are religious writings and teachings?
Religious books that contain rules on how to live life, that can be brought to life in law. E.g. the Sharia
What is customary law?
A custom established & accepted by everyone. Has been done for a long period of time, isn’t written down.
What are legal principles?
General values that apply in law e.g. fair trial
What is natural law?
Exists naturally, content important, legal uncertainty
What is a legal system?
A legal regime
What is the Common Law Systems?
Case law courts are bound by their own previous decisions in similar cases. A.K.A Anglio-American law, originated in the UK
What is the Civil Law Systems?
Codified standards originating from Roman law. Main feature is it’s core principles are codified. This serves as the primary source of law, and case law is secondary
What is the main difference between common and civil law?
Usually, common law is tougher than civil law (solutions the common system comes up with is tougher)
What are the three factors of the Contribution?
- Defines the state
- Attributes power to state institutions
- Defines citizens rights
What is the Trias Politica?
A system of government where the country’s government is divided into branches of power. Each have separate and individual powers so that the powers of the branches do not conflict
What is the goal of the United Nations?
Global peace & security through interaction, discussion, political exchange & law making
What is the historical background of the U.N?
1) first attempt at international cooperation after WW1, with the league of nations, which failed and caused WW2
2) WW2 happened and they tried again with the United Nations
Why did the League of Nations fail?
Because they did not see economic stability as a contributing factor to world peace. When they tried again with the U.N, they focused on stabilising economies, as well as world peace.
What is the name of the predecessor of the U.N?
The League of Nations
What are the five main organs of the U.N and what do they do? (The 5 institutions)
- General Assembly: all UN members represented, 1 country = 1 vote, gives recommendations = “resolutions”, not binding
- Secretariat: Headed by secretary general = Guterrez, administrative organ, is politically neutral and represents the U.N as such
- EcoSoc: recommendations on economic, social and environmental issues
- Security Counsil: 15 members, 5 permanent members who can VETO any decision, and the other 10 members circulate. Permanent members are the victors of WW2
- International Court of Justice: Dispute settlement, advisory opinions, only states and only when states consent
What is the problem with VETO power?
Those who have it, use it for their own political gain instead of peace and security
What is the jurisdiction of the International Court of Justice (ICJ)? Give an example of the kind of cases they handle
In accordance with international law, they decide disputes of a legal nature that are submitted to it by states. They also give advisory opinions on legal questions at the request of the organs of the UN. An example is that they give judgements in contentious cases, resolving disputes between two states.
What are the three organisations that go into Free Trade?
- World Trade Organisation
- International Monetary Fund
- World Bank
What is the goal of the World Trade Organisation? (WTO)
To dispute settlement
What are the four principles of the WTO?
- No discrimination to trade
- Lowering trade barriers
- Fair competition
- Encourage developing countries
What is the goal of the World Bank?
Give low interest loans to developing countries, reduce worldwide poverty
What is the goal of the International Monetary Fund (IMF)?
Financial stability and monetary cooperation worldwide
What are the two organisations that Free Trade started with?
The World Bank and the IMF. WTO came latter
What happened at the Bretton Woods Conference?
They established the IMF and the world bank
What did the European Economic Integration (E.U) begin as?
Started as the European Coal & Steel community
What is the EU now?
27 states, more competences than a single market, and most importantly, the Treaty of the functioning of the E.U (TFEU)
What are the four freedoms of the EU?
Free movement of:
- goods
- capital
- people
- to establish and provide services
What control does the European Parliament have?
Democratic control
What is the European Counsil?
All European leaders come together to decide big political lines of the European Union
What do the Counsil of Ministers do?
Take part in legislative procedure
Why is the single market better for consumers? Give four reasons
- lower prices
- more choices for consumers
- more jobs
- boosted economy
How is free trade organised in the E.U?
- Harmonizing laws
- Competition law
- Focusing on the four freedoms
What is Protectionism?
Protecting your national market, therefore wanting to keep out foreign products. In the long run, it’s better not to do this, and instead have free trade.
What is Article 34 in the TFEU?
No import restrictions.
Not allowed: quantitative restrictions of goods or Measures Having Equal Effect (MHEE)
What is Measures Having Equal Effect? (MHEE)
Any measure by government that makes it harder for a company to sell it’s products on your market - stuff like packing requirements that increase production costs
What is Article 36 of the TFEU?
Gives justifications for restricting import. Can only be done for:
- Protection of health of humans, animals & plants
- Protection of national treasures
- Public morality / public security
- Protection of industrial/commercial property
What are the two competition rules?
Article 101 TFEU: Prohibition of cartels
Article 102 TFEU: Prohibition of abuse of a dominant position
(Dominant position is ok if not abused)
What is a contract?
An agreement that comes into existence automatically when there is an offer and a 100% matching acceptance.
What does a good offer have vs a minimum requirement offer?
Good offer: product, price, amount, objective, period of performance, and determinability
Minimal requirement offer: product, price, amount & determinability
What is the proper acceptance of a determinable offer?
100% they’re the same, and if not, there’s the invitation to negotiate/counteroffer
What is the difference between a big mistake and a small mistake in a wrong statement?
Big mistake: seller is protected, no contract comes into existence
Small mistake: buyer is protected, reasonableness saves the contract
Give examples of flawed intention.
Deceit, duress, abuse of circumstances, mistake/misrepresentation.
Define void.
The contract is illegal
Define voidability.
A service given to the weakest party of the contract, and they can undo the contract
Define voidable.
An option that is given to leave the contract like it is, although your intention was not formed in total freedom. Also can undo the contract.
When is a contract void?
When it is against the law
When is a contract voidable?
When the intention is flawed or it is at legal capacity
Define legal capacity
The contract was closed by a minor or by someone who is mentally disable/incapable
What is the form of a contract?
Can have any form (oral, written, special procedure) unless it is about important subjects (e.g. renting a house)
What is liability?
the person who is responsible for the damage, or has to pay
What is contractual liability?
It is due to a breach of contract aka non performance.. In a civil law focus, they enforce performance of the contract, and if not, then damage compensation. Whereas in common law, there is immediate damage compensation.
What are the two types of liability outside the scope of a contractual relation and what are they?
1) fault based liability - who did it
2) strict liability - irrelevant to prove fault, and someone is appointed to pay
What guarantees and stability should an employment contract give the employee? Give 5 examples
- Minimum wage
- Proper labour conditions
- Non-discrimination
- Right to organise and collective bargaining
- Social security standards in case of unemployment, illness, retirement
What is a labour contract?
It has a hierarchical situation + also has guarantees and protection for the weakest party (employee)
What are the three types of discrimination?
- Direct discrimination - explicitly disadvantage someone
- Indirect discrimination - non-discriminatory standard disadvantages someone
- Positive discrimination - explicitly advantage someone who is disadvantaged
Define discrimination.
The unequal treatment in similar cases based on irrelevant factors
What are the two legal forms of a company, and what types of organisations do they include?
- Unincorporated (personal liability) - sole proprietorship and partnership (general and limited)
- Incorporated (limited liability) - private limited company and public limited company
What does GDPR stand for and what does it do?
GDPR: General Data Protection Regulation
- All about protection of personal data
- Gives any company that processes data, rules
What is personal data?
Information that is directly or indirectly linked to someone
GDPR states that data processing is allowed only in compliance with their principles. What are their 8 principles?
- Lawfulness, fairness, transparency
- Data minimisation
- Processing
- Integrity & confidentiality
- Purpose limitation
- Accuracy
- Storage limitation
- Accountability
True or false: Consent for data processing must be active, not passive
True
What are Intellectual Property Rights?
The exclusive ownership of a creative work
What are copyrights?
rights for literary or artistic work.
What are moral rights?
Cannot be sold
What are economic rights?
Right to distribute, communicate, & reproduce. Can be sold
What are neighbouring rights?
Unique interpretation of existing work
What is database protection
Collection of independent works, arranged in a specific orger.
How long can copyrights exist for?
20 years
What are industrial rights?
Intended for industrial use
What is a patent?
The monopoly of the commercial exploitation. It costs money, you have to explain how it works, it has to be completely new, has to be innovative, and industrially applicable. You pay for it, but you’ll have to continuously fight off copycats.
What is a trademark and what are three of their characteristics?
Used to distinguish products.
- Has to be observable and graphically displayable
- Distinctive character
- Not against the law
What questions need to be asked in International legal cross-border conflicts?
- What court has jurisdiction?
- What law should be applied?
- How can the verdict be executed?
What are the morality requirements for managers of bars and/or restaurants?
- Manager must be 21 years or older
- Manager must not placed under guardianship / parental authority
- Manager must not be of poor conduct
What legal measures do you have in case you don’t get the license you asked for?
- Letter of objection –> to the administrative body that made the decision (within 6 weeks)
- Appeal –> to the court
- Further appeal –> to the Read van State
What are the three sections of the trias politicas?
The judiciary (applying the law (giving a final interpretation)), the legislative (creating the law), and the administration (executing the law).
What is the minimum amount of alcohol in an alcoholic drink and in spirits?
alcoholic drink: 0.5%
spirits: 15%
(low-alcoholic drinks are between 0.5 and 15%!)
What is article 3 of the licensing and catering act (DHW)?
To serve or sell alcohol, a licence to serve or sell alcohol is required. To obtain a licence, all three requirements must be met:
- the manager must meet certain mortality requirements
- The manager must meet certain knowledge requirements
- The establishment must meet certain requirements
What are the knowledge requirements for a manager of a bar and/or restaurant?
Must have a social hygiene certificate
How do you apply for an alcohol license?
The licence must be applied at the municipality of their bar/restaurant/event, and there is a fee.
In what cases would a licence be refused?
- The morality requirements or establishment requirements are not met
- Administrative regulations have not been drawn up
- The activities do not take place from premises
- It can be reasonably assumed that one or more of the prohibitions will not be adhered to
- It can be assumed that the actual situation does not correspond to the situation mentioned in application
In what cases must a licence be revoked?
- When incorrect info. was given in order to obtain the licence (e.g. ghost manager)
- The requirements are no longer met
- There is a new manager
- There is suspicion that risks exist with regard to public order, safety, or morality
