Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Legal > Test > Flashcards

Test Flashcards

(81 cards)

Start Studying
1
Q

American Law Institute (ALI)

A

US organization (1923) of judges, practitioners, and scholars aiming to clarify and adapt US common law. Based in Philadelphia.

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

Choice of Law

A

Private international law rules that determine which national law applies when a legal case involves multiple jurisdictions.

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

Circolo di Trento

A

Group of Italian scholars led by Rodolfo Sacco; created the ‘Tesi di Trento,’ focusing on comparative law research methods.

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

Comparative Law

A

The study comparing legal systems to identify similarities and differences, forming a theoretical understanding between systems.

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

Connecting Factor

A

The criterion in private international law used to determine the jurisdiction that governs a legal case.

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

Families of Laws

A

Groups of national legal systems sharing historical and judicial characteristics, e.g., civil law and common law.

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

Ius Publicum Europaeum

A

Body of rules negotiated between states, binding on the states but not their citizens, replacing the ancient ius gentium.

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

Legal Absolutism

A

Doctrine asserting that law is made by sovereign nation states, which have absolute control over their territories.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Macro-Comparison

A

Comparison of legal systems based on broad constitutional and institutional features, and the mindset of their jurists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Legal Transplant

A

Adopting a law from one country into another to harmonize legal systems and reduce discrepancies.

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

Lex Fori

A

Private international law principle where the law of the court hearing the case is applied in a conflict of laws.

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

Max Planck Institute for Comparative and International Private Law

A

A research institute in Hamburg (since 1956), focusing on comparative and international private law.

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

Micro-Comparison

A

Comparison of legal systems based on how they solve specific practical legal problems.

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

Peace of Westphalia

A

1648 treaties ending religious wars in Europe, marking the beginning of the modern international system of state sovereignty.

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

Political Theology

A

The study of how religious concepts relate to political and legal systems, exploring the relationship between secular and theological spheres.

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

Private International Law

A

Domestic rules resolving conflicts of laws and determining jurisdiction, governing which law applies in cross-border cases.

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

Tertium Comparationis

A

A common feature used to compare legal systems in comparative law, identifying similarities between them.

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

Law of Scandinavian Countries

A

The legal systems of Denmark, Finland, Iceland, Norway, and Sweden, unified in areas like contracts and family law since 1872.

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

State Sovereignty

A

Absolute power of a state within its own territory, ensuring independence from external control.

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

UNCITRAL

A

UN commission (1966) that harmonizes international trade law, modernizing national laws.

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

UNIDROIT

A

Intergovernmental organization (1926) based in Rome, working to modernize and harmonize private and commercial laws internationally.

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

Vienna Convention on the International Sale of Goods (CISG)

A

1980 treaty promoting uniform international sales law, aiming to simplify and harmonize global trade.

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

Allgemeines Bürgerliches Gesetzbuch (ABGB)

A

Austrian civil code adopted in 1811; influenced by Enlightenment ideas, it promotes individual equality and freedom while maintaining some feudal elements.

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

Westphalian Paradigm

A

The principle of separating domestic and international law, establishing state sovereignty after the Peace of Westphalia (1648).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Bürgerliches Gesetzbuch (BGB)
German civil code enacted in 1900; impacted European legal systems, influenced by legal positivism, divided into general principles, obligations, property, family law, and successions.
21
Civil Code
Systematic body of laws governing private affairs in civil law systems; a primary source of private law.
22
Civil Code of Quebec (Code civil du Québec)
Quebec's civil code effective from 1994, replacing the 1865 Code civil du Bas-Canada.
23
Code civil des Français (Code Napoléon)
French civil code enacted in 1804; unified private law and was influenced by ius commune and French customary law.
24
Court of Admiralty
Court handling maritime contracts, torts, and offenses; historically separate, now part of the regular court system.
25
Coutume de Paris
Written collection of Parisian customs applied from 1570; covered family, inheritance, property, and debt recovery.
26
Founding Treaties
EU agreements outlining objectives, rules, and institutional functions; amended for efficiency, new members, and cooperation areas.
27
Italian Civil Code (Codice civile)
Enacted in 1942; replaced an earlier code, includes provisions on family, inheritance, property, contracts, commerce, and liability.
28
Doctor’s Common (College of Civilians)
London society of civil law practitioners; active from the 16th century until 1865, with a significant library and courtroom.
29
Unification of private law
Italian 1942 Civil Code innovation; integrated commercial and civil law into a single code, regulating all private economic activity.
30
Hard Cases
Cases not yet covered by settled law, requiring creative legal interpretation by courts due to their novel nature and contentious aspects.
31
Imperativism
Legal theory positing laws as commands from a sovereign, backed by sanctions for non-compliance. Prominently developed by John Austin, this theory is positivistic and statism-focused, asserting that law comprises state-established norms.
32
Is-ought Problem
Concept by David Hume distinguishing between descriptive statements ('is') and prescriptive statements ('ought'), emphasizing the need to separate factual descriptions from normative rules.
33
Legal Positivism
Doctrine stating law is made up of state-created norms (positive norms) rather than inherent rights, focusing on human normative production and enforcement rather than naturalistic concepts.
34
Abstractness
Characteristic of rules applicable to any event matching the envisaged state of affairs. Abstractness brings uniformity in treatment, though a rule can be abstract without being general.
35
Analogy
Legal method to extend existing rules to cover unregulated cases, especially in gaps. In Italian law, it's regulated by Article 12(2) of the Preliminary Disposition to the Civil Code. Differentiates between analogia legis and analogia iuris.
35
Natural Law
Belief that law is inherently part of human nature and exists independently of state recognition or enforcement, seen as universal and independent from any governing authority.
36
Rule of Recognition
H.L.A. Hart's concept of a fundamental rule in every legal system that provides criteria for validating other rules, arising from social practices and acceptance within the community.
37
Content-based Criterion
In case of norm conflicts, this criterion prefers the more specific rule over the general one, with the general rule remaining valid but not applied.
37
Antinomy
Occurs when two or more conflicting norms regulate the same situation, resolved using specific criteria to determine which norm applies.
38
Default Rules
Norms that can be overridden by agreement; predominant in private law, they supplement party agreements unless explicitly waived.
39
Effectiveness
Character of a legal rule marked by sufficient compliance or enforcement. Distinct from validity, effectiveness focuses on actual observance of the rule.
40
Grundnorm
Hans Kelsen's concept of a basic norm at the top of a legal system's hierarchy, underpinning the validity of all other norms and subject to change by shifts like revolutions.
41
Hierarchical criterion
Criterion giving preference to norms from superior legal sources in cases of antinomies, following the legal system's hierarchy.
42
Lacuna
Legal gap where no rule fits a case, prompting judges in common law to create new rules or in civil law to apply similar norms or general principles.
43
Normativism
Theory positing the legal system as a set of objectively existing rules, distinguishable from religious or moral norms, primarily identified through legal interpretation.
44
44
Primary rules
Direct conduct-regulating rules, distinguished from secondary rules that govern rule-making, modification, and enforcement in a legal system.
45
Principles
Fundamental tenets of justice or fairness, guiding legal practices and serving as interpretative criteria within a legal system.
46
(Legal) Realism
Theory asserting law's validity is based on its effectiveness, focusing on law's practical application rather than its formal establishment.
47
Secondary rules
Rules that manage the legal system itself, defining the process for creating, modifying, and enforcing primary rules.
48
Sources of Law
Origins of legal norms, including how they are created or changed, governed by secondary rules defining lawful procedural conduct.
49
Administrative Law
Public law governing public bodies, including government structures, focusing on public interest activities and citizen interactions.
50
Grammatical Interpretation Historical Interpretation Teleological Interpretation Systematic Interpretation
50
Time-based criterion
Preference for the most recent norm in cases of conflicting rules with equal scope, leading to the repeal of earlier norms upon the enactment of newer ones.
50
State of Affairs
Specific factual circumstances governed by legal rules, distinguishing between abstract legislative descriptions and actual occurrences.
51
Iure Privatorum
State acts within private law to achieve public goals, such as purchasing land.
52
Acquis Communautaire
EU's total body of rights, legal obligations, and policy goals. Candidate countries must adopt the acquis for EU membership.
53
Acquis Commune
Shared principles and rules among European countries, derived from their common Roman law heritage.
54
Soft Law
Quasi-legal instruments that influence but do not bind Member States legally, often used to guide legal interpretations.
55
Heteronomous legal act
Legal effects stipulated by law, regardless of party intention; ineffective if lacking judgment.
56
(Autonomous) legal act
Declarations intended to change legal rights and duties; includes contracts, wills, and marriage.
56
Invalidity (of legal acts)
Pathology of an act resulting in voidness or voidability.
56
Material fact
Natural or human action with legal effects, irrespective of judgment.
57
Private autonomy
Power to regulate one's own interests and legal positions freely.
58
Voidability
Invalidity allowing a legal act to be effective until avoided by the innocent party.
59
Voidness (or nullity)
Invalidity making an act wholly ineffective from the start; can be invoked by any party or court.
60
Industrial property
Legal principles governing patents, trademarks, and industrial designs.
61
Intellectual property
Legal principles governing copyrights and related creative works.
62
Interruption of limitation/Renewal of period
Event causing the limitation period to start anew.
63
Tolling of limitation/Extension or Postponement of period
Delay or suspension of limitation period until certain events occur.
64
Joint-stock company/public limited company (PLC)
Corporation with tradable shares, allowing shareholders to transfer shares without affecting the company's existence.
64
Emancipation
Release of a minor from parental control, often allowing marriage or limited contractual capacity.
65
Legal personhood
Capacity to hold rights and duties; granted to legal subjects by law.
66
Limited liability company (LLC, or Ltd.)
Corporation with transferable but not tradable shares; offers flexibility to business owners.
67
Limited liability partnership (LLP)
Legal entity combining partnership management with limited liability for partners.
68
Limited partnership (LP)
Partnership with general and limited partners; general partners manage the business, limited partners are liable only for their contributions.

Legal (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions