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Introduction to Law > 1. Sources of Law > Flashcards

1. Sources of Law Flashcards

1
Q

Collective enforcement

A

Legal rules are normal enforced by collective means and in particular by organs of the State

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2
Q

Positive law

A

Laws explicitly created by means of legislation/judicial decisions (the law that is valid here and now)

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3
Q

Legal certainty

A

Establishes the contents of the law beyond a reasonable doubt (unnecessary to invoke an authority to settle a legal dispute)

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4
Q

Legal certainty aspects

A
  1. Certainty about the content of the law
  2. Certainty that the law ill be enforced
  3. Certainty that the law will be applied consistently
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5
Q

Tribal Customary Law

A

Law of a people; comprised of a tribal group whose members were connected mostly by family ties

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6
Q

Customary Law

A

Consists of guidelines for behaviour that have grown spontaneously in a society (such as a tribe) in the form of mutual expectations (these expectations are sometimes accepted as binding)

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7
Q

Codification

A

If customary law is written down = codified

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8
Q

Praetor

A

If the praetor was of the opinion that a case might be successful, he would formulate a kind of legal instruction (the formula) for the iudex (role of lawyer)

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9
Q

Iudex

A

The iudex would be told told to grant the suing party a legal remedy if he believed that the factual conditions have been fulfilled (role of judge)

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10
Q

Jurists

A

Advised the praetor and advised the process parties

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11
Q

The Corpus Iuris Civilis

A

An attempt to codify the existing Roman law and was published in several parts on the order of Emperor Justinianus

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12
Q

The Codex

A

Contained imperial legislation spanning several centuries

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13
Q

The Digest

A

Collection of excerpts from writings of jurists from the period of about 100 BCE until 300 CE

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14
Q

The Institutions

A

A student textbook

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15
Q

Precedent

A

Function; the decision of the judge will be used in future cases

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16
Q

Stare decisis

A

Stand by your decisions; if a court has decided a case in a particular way, the the same court and inferior courts must give the same decision in future cases

17
Q

Case-based reasoning

A

Comparing and contrasting new cases with old cases that have already been decided (common law)

18
Q

Equity

A

Procedures to promote fairness and equality through different legal procedures (judge made law in common law)

19
Q

Ius Commune

A

Combination of canon law and roman law that built the English legal system (common law)

20
Q

Canon law

A

Deals with the internal organisation of the church, also civil affairs (marriage, contracts, wills)

21
Q

Bachelor of Laws/Master of Laws (LLM)

A

Roman law and Canon law studied together

22
Q

Reception of Roman law

A

The process in which Roman law conquered legal science in Europe

23
Q

Natural law

A

Human beings possess intrinsic values that govern their behaviour and reasoning, laws established by a means of reasoning

24
Q

Ratio scripta

A

Reason written down

25
Q

Peace treaties of Westphalia

A

Europes was divided into individual Nation-States, which were assumed to be sovereign

26
Q

National law

A

Different people flooded into Europe, law became local law that attached itself to these territories

27
Q

Westphalian duo

A

Law that dealt with mutual relations between the National States = International Public Law; National State law and international public law = Westphalian duo

28
Q

Codification

A

Action or process of arranging laws or rules into an organised system or plan

29
Q

Transnational law

A

Regulates actions or events that transcend national lines

30
Q

Human rights

A

Rights of individuals against their government

31
Q

European Union Law

A

The European Union has power to create new and independent European legal rules (separate and autonomous legal system)

32
Q

Lex Mercatoria

A

Set of rules created by merchants to regulate their mutual commerce

Introduction to Law (2 decks)

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