Terms

Question 1

Jurisprudence

Answer 1

Study of the general or particular legal system as opposed to its practical and concrete detail. It is judicial precedence considered collectively.

Question 2

Opino juris

Answer 2

The principle that for conduct or practice to become a rule of international customary law, it must be shown that nations believe that international law (rather than moral obligation) mandates the conduct or practice

Question 3

Decision

Answer 3

A judicial or agency determination after consideration of the facts and the law; especially in a ruling, order or judgment pronounced by a court when considering or despising of a case

Question 4

Exaquo e bono

Answer 4

A decision maker, specially in international law, is not bound by legal rules and may instead follow equitable principles

Question 5

Advisory opinion

Answer 5

A non-binding statement by a court of its interpretation of the law on a matter submitted for that purpose.

Question 6

Comity

Answer 6

A practice among political entities such as nations, states, or courts of different jurisdictions. Involving mutual recognition of legislative executive and judicial acts.

Question 7

Codification

Answer 7

It is the process of compiling, arranging and systematizing the laws of a given jurisdiction or a discrete branch of the law into an ordered code

Question 8

Judicial activism

Answer 8

It is a philosophy of judicial decision making whereby judges allow their personal views about public policy, among other factors to guide their decisions usually with the suggestion that adherence of this policy tend to find constitutional violations and are willing to ignore precedent

Question 9

Ultra vires

Answer 9

Unauthorized, beyond the scope of power allowed or granted by law

Question 10

Jus gentium

Answer 10

The body of law, taken to be common, to all civilized peoples, and applied in dealing with the relations between roman citizens and foreigners

Question 11

Pact asunt servanda

Answer 11

It is the rule that agreements and stipulations especially those contained in treaties must be observed

Question 12

Colonialism

Answer 12

Dependent territorial entity subject to the sovereignty of an independent country [state], but considered part of that country for purposes of relations with third countries

Question 13

Capitulation

Answer 13

An agreement to surrender a fortified place; it is the act of surrendering or giving in

Question 14

Jus cogens

Answer 14

A mandatory or preemptory norm of general international law, accepted and recognized by the international community as a norm from which no derogation is permitted. A preemptory norm can be modified only by a later norm that has the sane character

Question 15

Recognition

Answer 15

The formal admission/acknowledgement that a person entity or thing has a particular status; a nation’s act informally acknowledging the existence of another nation or national government

Question 16

Sovereignty

Answer 16

Supreme dominion, authority or rule. Power enjoyed by a governmental entity of an independent state including affairs within its own territory; the supreme political authority to manage internal affairs

Question 17

Independence

Answer 17

The state or quality of being independent, a country’s freedom to manage its affairs without control by other countries. Not subject to the control or influence of another

Question 18

Constitutive vs declaratory

Answer 18

Declaratory is when a state declares itself a state (Kosovo)

Constitutive is when you can say you are a state but aren’t really until someone else also recognizes

Question 19

Prima farcie

Answer 19

At first sight; on first appearance but subject to further evidence or information (it could sound like a duck but may not be duck)

Question 20

Secession

Answer 20

The process or act of withdrawn (especially from a political association)

Question 21

Succession

Answer 21

The act or right of legally or officially taking over a predecessor’s office, rank or duties; continuation of a states legal status despite changes in ownership

Question 22

Standing

Answer 22

A party’s right to make a legal claim or seek judicial enforcement of a duty or a right

Question 23

Binding

Answer 23

Having legal force; requiring obedience

Question 24

State action

Answer 24

Anything done by a government; especially in constitutional law, an instruction on a person/party’s rights. Either by a governmental entity or by a private requirement that can be enforced only by governmental actions

Question 25

Equity

Answer 25

Fairness, impartiality evenhanded dealing. The body of principles constituting what is fair and right

Question 26

Usage

Answer 26

A well known customary and uniform practice usually within a specific profession or business

Question 27

Estopel

Answer 27

A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or would have been legally established as true

Question 28

Prestation

Answer 28

What is being exchanged when we enter into a contract

Question 29

Rez communis

Answer 29

Belonging to no one but for the benefit of mankind

Question 30

Rez neullious

Answer 30

Belonging to no one but susceptible to ownership

Question 31

Treaty

Answer 31

``` According to the Vienna convention on the law of treaties – An international (between states) agreement (meaning a mutual meeting of minds); prestation concluded between states in a written form (it is a codification) government by intl law • official def* an agreement formally signed, rafitied or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form and governed by international law (!it said nations so for ex aboriginals are a nation so it is applicable to them ) ```

Question 32

Accession

Answer 32

The act of acceding or agreeing. A method by which a nation that is not among a treaty’s original signatories becomes a party to it

Question 33

De facto

Answer 33

Actual, existing in fact, having effect even though not formally or legally recognized

Question 34

De jure

Answer 34

Existing by right or according to the law

Question 35

Consent

Answer 35

Agreement, approval or permission as to some act or purpose especially given voluntarily by a competent person, legally effective assent

Question 36

Custom

Answer 36

A practice that’s by its common adoption and long of unvarying habit has come to have the force of law

Question 37

Audi alteran partem

Answer 37

Everyone has the right to be heard

Question 38

Burden of proof

Answer 38

In criminal law you must prove beyond a reasonable doubt | In civil law you must prove by a preponderance of probability

Question 39

Entry into force

Answer 39

Being or having force or effect especially the designated part of a legal instrument that gives effect to the transaction involved the operative provision of the contract

Question 40

Reservation

Answer 40

The establishment of a limiting condition or qualification especially a nations formal declaration upon signing or ratifying the treaty that its willingness to become a party to the treaty is conditioned upon the modification or amendment of one or more provisions of the treaty as applied in it’s relations with other parties to the treaty

Question 41

Material breach

Answer 41

A breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial) thus excusing that party from further performance and affording it (the aggrieved party) the right to sue for damages

Question 42

Rebus sic stantibus

Answer 42

(article 62 of the VCLT) The principle that all agreements are concluded with the implied condition that they are binding only as long as there is no major changes in circumstances

Question 43

Ownership

Answer 43

Criteria for ownership: usus; fructus; abusus

Question 44

Prescription

Answer 44

The effect of the lapse of time in creating and destroying rights. The extinction of a title or right by failure to claim or exercise it over a long period. The acquisition of something or title to a thing or intangible thing such as the use of real property by open and continuous possession over a statutory period

Question 45

Promise

Answer 45

The manifestation of an intention to act or refrain from acting in a specified manor, conveyed in such a way that another is justified in understanding that a commitment has been made; a person’s assurance that the person will or will not do something it is a binding promise – a promise is a unilateral obligation

Question 46

Renunciation

Answer 46

The express or tacit abandonment or a right without transferring it to another. Renouncing your right over a certain territory

Question 47

Accretion

Answer 47

The gradual accumulation of land by the natural forces especially with san that is added to the land that is situated or a natural phenomenon where water resides

Question 48

Acquiescence

Answer 48

-not to be confused with renunciation- | To accept tacitly or passively to give or imply consent

Question 49

Notification

Answer 49

A formal announcement of a legally relevant fact, action or intent such as a notice of intent to whit-draw from a treaty

Question 50

Belligerent

Answer 50

A country involved in a war or any other armed conflict. The status assumed by the nation that wags war against another nation

Question 51

Jurisdiction

Answer 51

Government general power to exercise authority over all persons and things within its territory, a state’s power to create interests that will be recognized under common law principles known as comity as valid in other states

Question 52

Adjudication

Answer 52

The legal process of resolving a dispute. The process of judicially deciding a case

Question 53

Judicial review

Answer 53

A court’s power to review the actions other branches or levels of government especially the courts power to invalidate an administrative body’s factual or legal finding

Question 54

Appeal

Answer 54

A proceeding undertaken to have a decision reconsidered by a higher authority, it is the submission of a lower court’s decision for possible reversal

Question 55

Arbitration

Answer 55

A method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and who’s decision is binding

Question 56

Obiter dicta

Answer 56

A judicial comment made while delivering a judicial opinion but one that is unnecessary to the decision in the case and therefore not presidential

Question 57

Res judicta

Answer 57

The principle that an issue decided by a court should not be re-opened

Question 58

Persistent objector

Answer 58

A state that is able to continuously object to use it's influence and advancement of laws/ideals/customs that will never develop into international customary law The ability to keep a law from being generally and consistently applied

Question 59

Subsequent objector

Answer 59

A state that objects to a custom after having agreed upon and followed it

Question 60

Norm

Answer 60

A model or standard accepted by society and other large institutions which society judges someone or something

Question 61

Agreement

Answer 61

Mutual understanding between two or more persons about their relative rights and duties regarding past or future performances

Question 62

Rule of law

Answer 62

A substantive legal principle. It is the supremacy of the regular as opposed to arbitrary power

Question 63

Stare decisis

Answer 63

The doctrine of precedent under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation

Question 64

Sui generis

Answer 64

Of its own kind of class. Unique or peculiar

Question 65

Usufruct

Answer 65

The legal right to use and derive profit from property that either belongs to another person or which is under common ownership as long as the property is not damaged or destroyed

Question 66

Article 59 of ICJ

Answer 66

The decision of the court has no binding force exempt between the parties in respect of that particular case

Question 67

Article 15

Answer 67

Consent of a state to be bound by a treaty os expressed by accession

Question 68

Article 9

Answer 68

Adoption of the text of a treaty takes place by the consent of all states participation in its drawing up

Question 69

Article 25 of UN charter

Answer 69

The members of the UN agree to accept and carry out the decisions of the security council in accordance with the present charter

Question 70

Article 39 of UN charter

Answer 70

The security council shall determine the existence of any threat to peace or act of aggression and shall make recommendations or decide what measures shall be taken in accordance with articles 41/42 to maintain and restore intl peace and security

Question 71

Article 62 -1 VCLT

Answer 71

Fundamental change in circumstances which occurs at the end of making the treaty affects the circumstances which was not anticipated.

Question 72

Article 62 -1 a) VCLT

Answer 72

Fundamental change in circumstance does not give the opportunity to whit draw from the treaty unless the circumstances are considered essential for the consent of the parties bound

Question 73

Article 62 -1 b) VCLT

Answer 73

The effect of the change completely transforms the obligations to be performed under the treaty

Question 74

Article 60 -1 VCLT

Answer 74

A material breach of a bilateral treaty by one of the parties entails the other to invoke the breach as ground for terminating the treaty or suspending its operation

Question 75

Material sources of the law

Answer 75

Sources of law which provide evidence of the existence of rules which when proven have the status of legally binding rules of general application

Question 76

Formal sources of the law

Answer 76

Legal procedures and method fot the creation of rules of general application which are legally binding on the addresses