Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Business Law > Part 1: Introduction to Law > Flashcards

Part 1: Introduction to Law Flashcards

Introduction to Law, legislative acts, legal relationships (Chapter 1, 2 and 3)

1
Q

What is law

A

a system of rules regulating the conduct of individuals within society, assisted by mechanisms set in place to ensure enforceability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why does the law exist?

A

“Man is by nature a social animal” - Aristotle

Where there is man, there is a society, where there is a society, there is law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the state?

A

A politically organised community, established on a specific territory, characterised by being independent and sovereign

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Natural Law

A

Claim that humans are born with a moral compass that guides human behaviours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Positive Law

A

statutes/laws approved, published and enforced in a community/state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Constitutional court and its purpose

A

A high court that deals with constitutional laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the fundamental tasks of the state?

A

Security, Justice, economic, social and cultural welfare

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Other systems that regulate conduct

A
  • Religion
  • Morality (the conduct to be good)
  • Social Rules (social conduct)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are constitutional laws?

A

laws that define power, structure and roles within a state (parliament, executives, legislature, and judiciary, in addition to basic human rights)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Two main law systems in the world

A

Common law and Civil law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is Common law?

A

Majority of rules not written, courts are followed and ruled by precedents (past case rulings)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Civil Law?

A

Every law is drafted and published in legal codes. Judges make decisions independent of what previous judges have ruled before.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What countries are under Common Law?

A

The U.S and U.K primarily.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What countries are under Civil law

A

Most west European countries (Portugal, Spain)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who approves the laws in portugal?

A

the parliament and the government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Code

A

A category that contains all the laws of a certain topic (commerce, civil)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Precedents

A

Decisions made by previous judges that cannot be changed and must be followed as exceptions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Legal provisions

A

A rule that was written in a law that is published and therefore it is enforced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Two parts of a legal provision

A

A description of the situation /event that determines their application (abstract description)
Conduct that should be adopted should the situation arise (determination)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the abstract description and determination of the following statement:
“Whoever kills a person shall be liable to imprisonment term ranging from 8 to 18 years.”

A

Abstract description: The killing of a person.

Determination: Sanctions of imprisonment/jail for 8-18 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Main characteristics of legal provisions (GAMBE)

A

Generic
Abstract
Mandatory
Breakable
Enforceable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

4 entities exercising sovereignty in portugal?

A

government, parliament, the court and the president

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Sovereign

A

people/groups having power/independence to make rules,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Any law that goes against the constitution is

A

unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is a veto?

A

The right of a president/prime minister to reject a decision or proposal from lawmaking entities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Different types of veto

A

Political veto (based on political opinions)
legislative veto (based on unconstitutional grounds)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Quorum

A

The minimum number of people in the assembly in order for a meeting to take place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Normative acts types

A

Legislative acts (laws) and other normative acts (implementing rules, regulations)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Legislative acts

A

Laws, such as constitutions and laws in the codes (criminal, civil, tax).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Other normative acts (examples)

A

Regulations such as environmental regulations or safety hazards
Executive order/decrees from president
Local ordinance (zoning orders and noise regulations)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

There is a hierarchy between different normative acts. Which one holds the highest place in the hierarchy of laws?

A

The Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What does the hierarchy of laws state regarding laws in different and equal positions of legal power?

A

Laws and decree laws possess equal force, and can revoke each other (the most recent replaces the oldest). Laws in lower positions can be overruled by laws in higher positions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is the main legislative organ?

A

The Assembly of the Republic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Simple majority

A

majority out of the people who voted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Absolute majority

A

more than half (50%+)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Qualifying Majority

A

requires a significant portion of the people (usually 75%) of people present to vote

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Legal relationship

A

a social relationship regulated by law, composed of one party having a right or another party having an obligation.

38
Q

How can you initiate a legal relationship

A

Typically starts through either contract agreements, breaking the law and civil liability

39
Q

Civil Liability

A

the legal obligation that a party needs to pay for damages or to follow court enforcements.

40
Q

A public deed

A

a signed legal document executed by the republic for immovable things (houses, buildings)

41
Q

how do you initiate a legal relationship with regards to civil liability?

A

infringing on someone’s rights (civil liability)

42
Q

Absolute rights

A

The right to live
self integrity (reputation)
freedom of thought, religion
prohibition of inhuman treatment or punishment

43
Q

Active subject

A

holder of the right or to exercise a right

44
Q

Passive subject

A

party that is bound by the obligation

45
Q

Legal personality

A

the ability to hold rights and to be subject to obligations

46
Q

Types of subjects

A

natural persons or legal entities which are organizations and compaanies

47
Q

commercial company

A

a group of people who come together for a business endeavor to make profit

48
Q

association

A

a group of people who come together to pursue a non profit purpose.

49
Q

legal capacity (quantitative)

A

the measure of rights and obligations

50
Q

legal personality (qualitative)

A

the ability to hold rights and legal obligations

51
Q

generic legal capacity

A

includes the totality of the rights and obligations recognized in a legal order.

52
Q

specific legal capacity

A

only certain categories of rights and obligations

53
Q

legal capacity to enjoy

A

the measure of rights and obligations a person may hold or be subject to

54
Q

Legal capacity to exercise

A

the measure of rights and obligations a person may exercise personally and freely.

55
Q

minors have a legal capacity to enjoy but not have a specific legal capacity in situations such as…

A

Right to vote
Drinking
Driving

56
Q

Legal incapacity

A

the measure of rights and obligations a person is incapable of holding or being subject to.

57
Q

Things

A

objects and entities that are subject to ownership or legal effect

58
Q

Movable and non movable things

A

items that can be easily transported (movable) and things that are not (nonmovable)

59
Q

What does the law state regarding movable and non movable things and the example they provide

A

The law states about the 5-6 non movable things, which are land, real estate, rivers, buildings, etc… then affirms that everything else is movable.

60
Q

Fungible and non fungible

A

fungible things are goods that are replaceable and aren’t unique, while non fungible things are one of a kind, given by production (art pieces) or other elements (sentimental value)

61
Q

Facts

A

events and occurrences that generate legal effects

62
Q

examples of natural facts

A

tsunamis, floods, earthquakes, tornadoes

63
Q

why do natural facts generate a legal relationship, and between who

A

due to environmental damages on property, it can generate a legal relationship between yourself and the insurance company

64
Q

voluntary human facts or legal acts

A

legal acts that constitute simple legal acts or legal business

65
Q

Legal acts

A

an action (non-intended) with a legal effect (ex. punching someone infringes on someone’s rights, and you will have civil liability)

66
Q

Legal businesses

A

acts carried out with the intention to generate legal effects ( unilateral such as a will, bilateral such as a contract)

67
Q

Unilateral businesses

A

there is only one will or one party (a person’s last will, a power of attorney, the act of establishing a foundation)

68
Q

bilateral businesses

A

requires the will of two or more people, pursuing interests that come together to obtain an agreement.

69
Q

Every legal fact must be one of 3 things, which are

A

a constitutive fact (generate legal relationships) ex. act that results in civil liablity
A modifying fact (change, amend or modify a legal relationship) ex. amendment of a contract
Extinctive fact (extinguish legal relationships) ex. full payment of a debt

70
Q

Enforceability (sanctions)

A

an agreement in order to make people obey by threatening a punishment if a law or rule is disobeyed

71
Q

Sources of law

A

means through which the law is created and revealed.

72
Q

Internal sources of law

A

law/statutes (civil law)
custom
jurisprudence (common law)

73
Q

International source of law (examples)

A

international treaties
EU law

74
Q

Regulation

A

Approved by the EU (or any other source of law) and once its published it becomes automatically binding on all EU nations unconditionally

75
Q

Directive

A

A legislative act that needs to be transposed (adjusted) and reached by each nation (think as a goal that countries must reach with their laws)

76
Q

Example of a directive

A

EU single-use plastics directive
Tax on sugar goods (set as a margin)

77
Q

What happens if a directive is not achieved by a nation

A

sanctions will be applied.

78
Q

What are your obligations under a tax legal relationship?

A
  • To pay taxes
  • submit a tax statement
79
Q

Administrative offences

A

A less serious punishment than a crime when violating a law

80
Q

types of sanctions

A

compulsory
preventive
punitive
reconstructive
compensatory

81
Q

Compulsory penalties (sanctions)

A

these penalties are intended to guarantee that the law is complied with. The object is to avoid the continuation of the infringement by imposing a punishment.

82
Q

Example of compulsory penalties (sanctions)

A

periodic penalty payments

83
Q

Reconstructive sanctions

A

Seek to reconstitute the situation exactly as it was prior to the infringement.

84
Q

Preventive sanctions

A

Measures taken to prevent entities from engaging in prohibited conduct before it occurs

85
Q

Examples of preventive sanctions

A

Fines, injunctions, restraining orders

86
Q

Punitive sanctions

A

penalties imposed on individuals for committing an offence. They are intended to punish past behaviour.

87
Q

Examples of Punitive sanctions

A

imprisonment, community service, forfeiting assets

88
Q

compensatory sanctions

A

Measures taken to compensate victims suffered as a result of another party’s actions.

89
Q

Examples of compensatory sanctions

A

monetary compensations (for damages, medical expenses, property damage)

90
Q
A

Business Law (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions