Session 1 Law

Question 1

Criteria for belonging to a legal system

Answer 1

1. traditions, technics and methods are similar
2. vocabulary and concept are the same
3. legal classification are the same

Question 2

1. traditions, technics and methods are similar
2. vocabulary and concept are the same
3. legal classification are the same

Answer 2

Criteria for belonging to a legal system

Question 3

Power of state

Answer 3

1. executive: enforce law, minister or president
2. legislative: make laws. Assembly, congress, council, diet, state, parliament.
3. judiciary: adjudicates legal disputes and interprets, defends and applies law.

Question 4

1. executive: enforce law, minister or president
2. legislative: make laws. Assembly, congress, council, diet, state, parliament.
3. judiciary: adjudicates legal disputes and interprets, defends and applies law.

Answer 4

power of state

Question 5

steps to creates new rules/law

Answer 5

1. Negotiation: ministers
2. Signature of the documents: executive body, biding in law
3. Ratification: legislative body or referendum, if it is not tectified will not pass as law.

Question 6

international convention

Answer 6

create law for the states. Agreement between different countries that is legally biding.

Question 7

create law for the states. Agreement between different countries that is legally biding.

Answer 7

international convention

Question 8

compliance program

Answer 8

set of internal policies and procedures in a company to comply with rules

Question 9

set of internal policies and procedures in a company to comply with rules

Answer 9

compliance program

Question 10

objectives of a compliance program

Answer 10

1. Prevent risks
2. Detect infringements: audit, whistleblowing offer

Question 11

common law system

Answer 11

English law based on rules developed by the royal courts after the Norman conquest, applicable to the whole country

Question 12

English law based on rules developed by the royal courts after the Norman conquest, applicable to the whole country

Answer 12

common law system

Question 13

state

Answer 13

institution that has total sovereigntyon its territory and can decided which rules, exclusive jurisdiction

Question 14

high court

Answer 14

deals with civil laws cases and has a supervisory jurisdiction overall subordinate courts and tribunals

Question 15

chancery division

Answer 15

possible to launch an appeal to the court of appeal, then Supreme Court (patents, registred designs,…)

Question 16

institution that has total sovereigntyon its territory and can decided which rules, exclusive jurisdiction

Answer 16

state

Question 17

deals with civil laws cases and has a supervisory jurisdiction overall subordinate courts and tribunals

Answer 17

high court

Question 18

possible to launch an appeal to the court of appeal, then Supreme Court (patents, registred designs,…)

Answer 18

chancery division

Question 19

court of appeals

Answer 19

deals only with appeals from other courts or tribunals

Question 20

house of lords/supreme court

Answer 20

make and shape laws, able to modify precedents

Question 21

jurisprudence

Answer 21

interpretation of legal rules by the judge, it is the second source of law

Question 22

case law

Answer 22

based on precedents, judicial decisions from previous cases, fit evolution of society, lack of legal certainty. PRAGMATIC

Question 23

deals only with appeals from other courts or tribunals

Answer 23

court of appeals

Question 24

make and shape laws, able to modify precedents

Answer 24

House of Lords/supreme court

Question 25

interpret ion of legal rules by the judge, it is the second source of law

Answer 25

jurisprudence

Question 26

based on precedents, judicial decisions from previous cases, fit evolution of society, lack of legal certainty. PRAGMATIC

Answer 26

case law

Question 27

plaintiff

Answer 27

persons who sues

Question 28

persons who sues

Answer 28

plaintiff

Question 29

civil law or continental law

Answer 29

legal system based on roman law, law are writing and publish, the judge IMPLEMENT the pre-existing legal rule. DOGMATIC

Question 30

legal system based on roman law, law are writing and publish, the judge IMPLEMENT the pre-existing legal rule. DOGMATIC

Answer 30

civil law or continental law

Question 31

Hierarchy in a civil law country

Answer 31

1. constitution 2. international convention and treaties 3. status and acts 3. customary law 5. jurisprudence/case law

Question 32

1. constitution 2. international convention and treaties 3. status and acts 3. customary law 5. jurisprudence/case law

Answer 32

hierarchy in a civil law country

Question 33

private law

Answer 33

relationship with physical person. Family, property,...

Question 34

public law

Answer 34

rules dealing with state. International public law, constitutional law, administrative law

Question 35

customary law

Answer 35

practice that has been followed in a particular locality under such circumstances that the practice has become accepted as part of the local law