Lesson 1 Flashcards
What is the difference between use by law and use of law?
Use by law: One person decides what gets enforced and what doesn’t
Use of law: Everybody is equal in law and multiple organs help achieve this
What is the difference between objective and subjective right?
Objective: The actual law.
Subjective: My right (free speech or living in your own house)
What is Relative right?
Have possession of something, because someone lend you the right to use it.
What is Absolute right?
Right that is applies to everyone and cannot be taken away easily.
Like the right to be free from torture
What does the legislative function do?
They determine the rules.
Parliament
What does the executive function do?
Enforce the rules and make everybody comply.
The police
What does the judicial function do?
The interpretation and application of laws
The court
What is intellectual property?
Legal protection for creations
Like inventions, writing, etc.
What 4 sources of law are there?
- Treaties
- Legislation
- Case law/ judicial decisions
- Customary by law
What are treaties?
Formal agreements between countries that have legal force under international law.
What is Legaslation?
Laws made by a legislative body.
The constitution
What is a case law/ judicial decision?
Law that is developed by judges through court decisions
What is Customary law?
Law based on long-standing practices or traditions that are accepted as legally binding, even if not written down.