Chapter 1 Flashcards
(34 cards)
Meaning of unilateral and bilateral
uni = one latent bi = two latent
Interiority
act according to what we consider wrong or right
Exteriority
people act by behavior imposed by an external force
Unenforceable
conformity with the standards isn’t required by the state
Coercible
demanded by the state
against its will
for the good of the company
Autonomy
Self-regulation
Heteronomy
Imposed by someone else
Must be accepted for the benefit, peace and social harmony
Name the 3 sources of law
- Historical sources
- Real or material
- Formal sources
Historical sources (where?)
Documents that transmit significant information
Work for inspiration
Real or Material sources (why?)
Facts that generate the need to create norms
Formal sources (how?)
Forms enforced by legal norms for validation
Customs/Traditions
- Oldest source of law
- Source formed by precedents
Law or laws legislation
Set of of laws issued by legislative branch
Hierarchy of Legislation
- Political constitution of UMS
- Inernational treaties
Name the 7 stages of the legislative process
- Initiative
- Discussion
- Approval
- Sanction
- Enactment
- Publication
- Effectiveness
Federal Level: CPEUM
- Deputies and Senators of the Congress of Union
- President of the republic
- Legislatures of states
State: CPEJ
- Deputies
- Governor of state
Sanction
Acceptance of initiative from the President
Right of Veto
Denial of the sanction
Enactment/Promulgation
Act of making the law known
Publication
Law is published on official news
Effectiveness
Law begins to be applied
Jurisprudence
Must be applied in court when a sentence is dictated in a case not foreseen by the laws
Doctrine
- Isn’t obligatory
- Opinions of eminent jourists
