SLIDES

Question 1

FUNCTIONALISM HAS 3 STEPS

Answer 1

1. moral question
2. ethical viewpoints
3. underlying values

Question 2

comparative law uses DESTEP analysis

Answer 2

demographic
economic
social
technological
ecological
political

Question 3

DESTEP in COMPARATIVE law is used to

Answer 3

compare countries based on the factors, to look for the best country to offer your p/s

Question 4

what are the additional 3 powers in the trias politica

Answer 4

1. civil servants
2. lobbyists
3. mass media

Question 5

Magna Carta

Answer 5

EVERYONE is subject to the law, even the kind, and guarantees the RIGHTS OF INDIVIDUALS, the right to JUSTICE, and the right to a FAIR TRIAL

Question 6

the dutch system acknowledges null and void, destructable, dissolution

Answer 6

null and void: legally never existed

destructable: has existed but can be destructed and the destruction has retroactivity (VOIDABLE, IT IS ERASED)

dissolution: has existed but can be dissolved and parties have to give it back (IT STOPPED GOING FORWARD BUT ISNT ERASED, BOTH SIDES GIVE BACK WHAT THEY GOT)

Question 7

common law systems have 2 mistakes: common mistake and mutual mistake

Answer 7

common mistake: both parties have been mistaken in similar ways

mutual mistake: both parties shave been mistaken in different ways

Question 8

undue influence

Answer 8

someone takes advantage of their position to pressure the other into agreeing to a contract

Question 9

concern

Answer 9

subsidiaries (moederdochterondernemingen)

Question 10

strong and weak form entity shieldig

Answer 10

strong: both priority and liquidation apply

weak: only priority rule applies

Question 11

Strong entity shielding → easier tradability of shares

Answer 11

This makes the firm more attractive to investors, because the value of the company is stable and not tied to the personal finances of the owners.

Question 12

Partnership with pro rata liability

Answer 12

Each owner of the firm is personal liable for firm debts, to a fraction of the firm’s unpaid debt, determined by the owner’s share in firm profits

Question 13

dispersec share ownership

Answer 13

no single shareholder or affiliated group of shareholders is capable of exercising control over the firm

Question 14

hedge funds

Answer 14

Not tightly controlled by law (less regulated).

Use risky strategies like buying lots of shares in companies to try and influence them.

Question 15

private equity funds

Answer 15

Also take risks, but go further.

They often BUY THE WHOLE COMPANY and then MAKE BIG CHANGES, like replacing management or changing how the company works.

Question 16

SDGS 5Ps

Answer 16

people
planet
prosperity
peace
partnership

Question 17

prosperity (SDGS, one of the 5 Ps)

Answer 17

harmony in life, enjoy life

Question 18

doughnut economy by Kate Haworth

Answer 18

The goal is to help everyone in the world have what they need WITHOUT DESTROYING THE PLANET

Inner circle = basic needs
If people fall inside this circle, they are missing essentials (like food or shelter).

Outer circle = Earth’s limits
If we go outside this circle, we are damaging the planet (like causing climate change or pollution).

social foundation and ecological ceiling