3 - NOTION OF LAW, TYPES OF LAW AND LEGAL FORM

Question 1

NORM

Answer 1

rule of behaviour

Question 2

SOCIAL NORM

Answer 2

a rule of behaviour in a community

Question 3

DEVIANCE

Answer 3

act of violating a social norm

Question 4

SANCTION

Answer 4

form of punishment against violation of different norms

Question 5

INFORMAL DEVIANCE

Answer 5

results in social sanctions/stigma (disgrace)

Question 6

FORMAL DEVIANCE

Answer 6

results in legal sanctions like fines or prison

Question 7

SOCIAL CONVENTIONS

Answer 7

behaviours that are expected by society (eg shaking hands)
if disobeyed, leads to social condemnation

Question 8

CUSTOMS

Answer 8

collective traditions that developed in society over time and feel necessary
disobeying leads to social condemnation

Question 9

MORAL NORMS

Answer 9

distinguish behaviour/intentions that is right or wrong
dosobeying leads to guilty conscience, social condemnation

Question 10

LEGAL RULES

Answer 10

mandatory and set by state
breaking these result in a penalty

Question 11

GOLDEN RULE

Answer 11

treat others how you would like to be treated

Question 12

LAWS

Answer 12

rules based on principals of justice and fair play, enforced by state to define what is and isn’t permissible

created by legislator

Question 13

NATURAL LAW

Answer 13

developed by aristotle and plato, stating that law is not based on culture but is a universal practice

exists in nature

people can choose how they act in a way that they feel is right

based on moral order

Question 14

POSITIVE LAW (3)

Answer 14

created by state

people have to act as prescribed

law is separate from moral order

Question 15

INTERNATIONAL LAW AND NATIONAL LAW

Answer 15

regulates international relations eg rights of the child

regulates national relations

Question 16

PUBLIC LAW (8)

Answer 16

regulates relationships between people and govt, and people who are a concern to society

features:
mandatory rules
unequal relationships
serious punishment (prison)

. criminal law, constitutional law, admin law, tax law

Question 17

PRIVATE LAW (4)

Answer 17

deals with relationships between people, orgs, companies, in everyday transactions

. law of contracts and torts
family law
law of succession

Question 18

CONSTITUTIONAL LAW (3)

Answer 18

defines power and role of entities within a state, basic rights of citizens

in federations, defines relationship between central govt and state and its provinces

Question 19

CRIMINAL LAW

Answer 19

defines criminal offenses, which can be criminal acts or omissions

Question 20

ADMINISTRATIVE LAW

Answer 20

regulates and enforces rules on executive branch agencies of government eg department of labour, education

Question 21

TAX LAW

Answer 21

helps authorities in state collect taxes legally

concerned with legal aspects of tax, not economics/finance

Question 22

LAW OF OBLIGATIONS (CONTRACTS AND TORTS)

Answer 22

regulates, creates, removes rights and duties arising between people

Question 23

FAMILY LAW

Answer 23

regulates marriage, child and parent relationships, domestic violence, personal name

Question 24

LAW OF SUCCESSION

Answer 24

succession upon death cases, administers property

Question 25

HISTORICAL/EVOLUTIONARY THEORY OF LAW

Answer 25

different laws are inherent to different nations. history changes laws

Question 26

SOCIOLOGICAL THEORY OF LAW

Answer 26

law is created by society as result between conflict of interest, and helps people reach a common goal

Question 27

NORMATIVE THEORY OF LAW

Answer 27

law is a system of rules created by the state there is a hierarchy of legal norms

Question 28

CUSTOMARY LAW

Answer 28

enforces the following of customs strongly

Question 29

JUSTITIA

Answer 29

roman goddess of justice scales to measure strength of arguments blindfold for impartiality sword for authority toga for philosophy of law

Question 30

LEGAL NORM

Answer 30

mandatory rules of social behaviour made by the state

Question 31

DISPOSITION

Answer 31

a rule of conduct in a society eg dont kill

Question 32

SANCTION

Answer 32

what should be done to a person who violated a disposition by which state organization they should be punished

Question 33

SUBSIDIARY ELEMENTS OF LEGAL NORMS

Answer 33

disposition hypothesis - sets conditions under which a norm applies (if a person kills another...) sanction hypothesis - condition for application of a sanction (killer has to have had intent to kill) EXCEPTION - limits applicability of a norm eg a person killed in self defense

Question 34

IMPERATIVE VS DISPOSITIVE DISPOSITION

Answer 34

imperative: obligatory conduct - categorical disposition gives and enforced only 1 conduct - alternative disposition gives options for conduct - discretionary disposition gives judge power to make a decision of conduct dispositive: gives you an option to act or not act eg you dont HAVE to write a will

Question 35

VIOLATION OF LEGAL NORMS IS A

Answer 35

criminal act in criminal law a delict/tort in civil law

Question 36

INTENT AND NEGLIGENCE

Answer 36

if a person intentionally broke the law, or if they were negligent of their duties in a situation, they are legally liable, and can be sanctioned

Question 37

TYPES OF SANCTIONS

Answer 37

sanctions are alternative/secondary rules of behaviour for people who broke the law corporal, capital punishment probation incarceration fine restitution injunction suspension of licenses