Obligations - Law and Legal Rules Flashcards
(13 cards)
What is Law?
A set of legal rules that regulate society
Law is Language and Logic
Interpretation of Laws
4 L’s
Language - interpretation of true meaning of words
Logic - application of the law; true legal consequences
Literal interpretation - if the text of the law is clear -> apply as written
Methods of Argument
A fortiori - if legal rule applies to one situation it ought to apply to another with greater force
A pari (by analogy) - extension of the application of a similar rule to an unprovided case
A contrario (by reverse analogy) - if law applies to certain situations it should not apply to others
Legal Rules
Conditional statement
Conditional Statement that attaches a definite legal consequence to a definite detailed state of operative facts ( if A->B)
A perfect legal rule consists of…
- Operative Facts
- Legal Consequences that if result if necessary facts are present
Legal Rules can contain…
A command/prohibition or recognition/suppression of right
What is a syllogism
Major Premise -> Minor Premise -> Conclusion
What is a substantive legal rule?
Rule of rights
What is a procedural legal rule?
Rule of courts
Mandatory Legal Rule?
rules of public order; parties cannot agree otherwise
Suppletive legal rule?
indication of parties will
Strict legal rule?
no judicial discretion
Flexible Legal Rule?
Judicial discretion
