Basic Concepts Of Law

Front 1

Public law

Back 1

That part of the law in which the government as such plays a role.

4 main branches

Front 2

Public law /4 branches

Back 2

1. Criminal law
2. Human Rights*
3. Administrative law
4. International law

*also public int. law

Front 3

i. Private law

Back 3

That part of the law in which the government as such doesn’t plays a role.

Deals with the mutual relations between citizens.

Front 4

ii. Private law / 3 main branches + 3 others

Back 4

1. Property law
2. Contract law
3. Tort law

4. Family law
5. Law of commerce

6. Private international law (special)

Front 5

i. Substantive law

Back 5

Consist of rules that determine the rights and obligations

Front 6

ii. Procedural law

Back 6

Provides the rules for court procedures
and organisation of the judiciary

Front 7

'Functional' fields of law

Back 7

Have traits of both private and public law, and/or both substantive and procedural law

I.e. Environmental law & ICT law

Front 8

Condition / as part of a rule

Back 8

States when the rule is applicable

Front 9

Conclusion / as part of a rule

Back 9

Indicates what the consequences are when the rule is applied

Front 10

Applicability

Back 10

A legal rule is applicable to a case
if the facts of the case
satisfy the conditions of the rule

(operative facts)

Front 11

Legal effect (when??)

Back 11

Results from the application of a rule to a case

Front 12

Operative fact

Back 12

The facts of a case which match the conditions
specified by the rule

Front 13

3 types of legal effects

Back 13

1. Dynamic rules

2. Counts-as rules

3. Fact-to-fact rules

Front 14

Dynamic rules

Back 14

As a result new facts arise; bring about changes

i.e. if someone commits a crime
2 persons entering a contract

Front 15

Counts-as rules

Back 15

The result has a legal aspect (also count as something else)

i.e. someone commits a tort (obligation to compensate is attached)

Front 16

Fact-to rules

Back 16

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

Front 17

Juridical Act

Back 17

An act, performed with the intention
to bring about legal effects.

E.g. contracts, last wills, judicial decisions

Front 18

Factual act

Back 18

Acts usually performed by the administration
which are not aimed at creating legal consequences

e.g. making it physically impossible to park

Front 19

@ 2 limitations /Juridical acts

Back 19

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

Front 20

Nullity of a Juridical act

Back 20

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

Front 21

A Juridical act nullified / avoided =

Back 21

Its legal effects are taken away (on a basis of a juridical decision)

Front 22

Duty

Back 22

- to guide agents in their behaviour

- addressed to one or more agents

- always have a content

Front 23

Prohibition

Back 23

A duty to abstain from doing something

Front 24

Permission /2 forms

Back 24

1. implicit
2. explicit

Front 25

Implicit permission

Back 25

Absence of a prohibition.
/doesn’t have to be created/

Front 26

Explicit permission

Back 26

In general makes exceptions to prohibitions.

/needs to be created,
can be a specific rule
or an individual permission/

Front 27

Competence

Back 27

Deals with what is possible.
Precondition for a juridical act.
Acting without is not necessarily illegal.

Front 28

Rights /Common characteristics

Back 28

1. Are interests protected by law
2. Can be disposed of by the right holder

Front 29

Rights /3 types

Back 29

1. Rights in personam / Claims
2. Rights in rem
3. Liberty rights

Front 30

Legal obligations

Back 30

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

Front 31

Right in rem

Back 31

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

Front 32

Liberty rights

Back 32

Involve an explicit permission to do something i.e. casting a vote.