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32 Cards in this Set
- Front
- Back
Public law
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That part of the law in which the government as such plays a role.
4 main branches |
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Public law /4 branches
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1. Criminal law
2. Human Rights* 3. Administrative law 4. International law *also public int. law |
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i. Private law
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That part of the law in which the government as such doesn’t plays a role.
Deals with the mutual relations between citizens. |
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ii. Private law / 3 main branches + 3 others
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1. Property law
2. Contract law 3. Tort law 4. Family law 5. Law of commerce 6. Private international law (special) |
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i. Substantive law
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Consist of rules that determine the rights and obligations
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ii. Procedural law
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Provides the rules for court procedures
and organisation of the judiciary |
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'Functional' fields of law
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Have traits of both private and public law, and/or both substantive and procedural law
I.e. Environmental law & ICT law |
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Condition / as part of a rule
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States when the rule is applicable
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Conclusion / as part of a rule
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Indicates what the consequences are when the rule is applied
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Applicability
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A legal rule is applicable to a case
if the facts of the case satisfy the conditions of the rule (operative facts) |
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Legal effect (when??)
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Results from the application of a rule to a case
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Operative fact
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The facts of a case which match the conditions
specified by the rule |
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3 types of legal effects
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1. Dynamic rules
2. Counts-as rules 3. Fact-to-fact rules |
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Dynamic rules
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As a result new facts arise; bring about changes
i.e. if someone commits a crime 2 persons entering a contract |
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Counts-as rules
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The result has a legal aspect (also count as something else)
i.e. someone commits a tort (obligation to compensate is attached) |
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Fact-to rules
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If a particular fact is present, some other fact is present too
i.e. if someone holds real estate - has to pay real estate tax if someone takes a course - is permitted to sit the exam |
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Juridical Act
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An act, performed with the intention
to bring about legal effects. E.g. contracts, last wills, judicial decisions |
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Factual act
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Acts usually performed by the administration
which are not aimed at creating legal consequences e.g. making it physically impossible to park |
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@ 2 limitations /Juridical acts
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1. ON THE KINDS OF J.A. WHICH CAN BE PERFORMED BY PARTICULAR AGENTS
2. ON THE KINDS OF LEGAL EFFECTS THAT CAN BE BROUGHT ABOUT |
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Nullity of a Juridical act
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An act is said to be null or void if
the agent performed it without relevant competence: the act will not have its intended legal effect (normally) BUT if no official action is undertaken then it is still valid |
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A Juridical act nullified / avoided =
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Its legal effects are taken away (on a basis of a juridical decision)
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Duty
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- to guide agents in their behaviour
- addressed to one or more agents - always have a content |
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Prohibition
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A duty to abstain from doing something
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Permission /2 forms
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1. implicit
2. explicit |
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Implicit permission
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Absence of a prohibition.
/doesn’t have to be created/ |
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Explicit permission
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In general makes exceptions to prohibitions.
/needs to be created, can be a specific rule or an individual permission/ |
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Competence
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Deals with what is possible.
Precondition for a juridical act. Acting without is not necessarily illegal. |
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Rights /Common characteristics
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1. Are interests protected by law
2. Can be disposed of by the right holder |
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Rights /3 types
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1. Rights in personam / Claims
2. Rights in rem 3. Liberty rights |
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Legal obligations
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The result of event to which the law,
most often Private law, attaches an obligation as a legal effect: i.e. contracts; torts - invoked against the specific person |
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Right in rem
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Right regarding an object;
Includes an explicit permission to use, damage or destroy the object. - can be invoked against everyone i.e. ownership copyright mortgage |
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Liberty rights
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Involve an explicit permission to do something i.e. casting a vote.
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