the authority to interpret and apply laws

State monopoly of force

the state has the exclusive right to use or authorize the use of physical force or violence. Exception: self-defense

an organization or individual recognized by law as having rights and responsibilities. It can enter into contracts, own property, and be held liable for legal actions

an organization recognized by law as a fictitious person having rights and obligations, separate from the individuals who constitute it. e.g. companies (LLC)

an individual human being who has legal rights and responsibilities, individuum

repeated, voluntary factual conduct over a period of time, founded on the conviction of legal obligation (opinion iuris)

written down law that has been legislated

principles and rules set fourth in judicial findings

in the EU you will find Regulation and Directives. Regulations differ from directives in its applicability. Regulations are directly applicable whereas directives need to be transformed into national law.

International Private / Commercial Law

Key organisation mandated with the goal of facilitating cross-border trade by creating legal frameworks that promote consistency and reduce legal uncertainity

Hague Conference on Private International Law: works on harmonizing rules governing cross-border private law issues, such as jurisdiction, enforcement of judgements, and international family law

United Nations Commision on International Trade and Law: a UN body established in 1966 to develop international trade law that creates model laws, conventions and legal guides.

International Institute for the Unification of Private Law: an independent intergovernmental organization founded in 1926 to modernize and unify private law across countries. Produces legal instruments and conventions.

International Chamber of Commerce

a binding agreement between two or more states (bilateral or multilateral). States that sign and ratify a treaty must follow its previsions under international law

a type of treaty, usually multilateral, negotiated within an international organization (e.g. UN, ICC). Often aims to set broad legal standards for multiple countries to adopt

a fundamental legal guideline rather than a formal law. Often used in interpretation where treaties or domestic laws are silent or to develop legal perspectives on new advancements

a non-binding legal template that states can adopt, modify or reject in their domestic legislation. Designed to harmonize national laws across different jurisdictions. Typically drafted by organizations like UNCITRAL or UNIDROIT

Model (contract) Clause

a standard contract clause recommended by international organizations. Used in commercial agreements to ensure compliance with international best practices. Companies or states can voluntarily include these clauses in contracts

Civil Law (Private Law)

area of law that affects relationship between individuals. Claimant (plaintiff) sues (brings an action against) the defendant

body of rules that defines conduct that is prohibitated by the state. A prosecutor will prosecute the defendant (accused)

law governing the relationship between individuals and the state

Norm = Legal provision

consists of elements of facts (model fact situation) and legal consequences

Actual fact situation

needs to be proven and the results achieved by following the means of proof than compared to the model fact situation.

once the requirements are met, the legal consequence will set in

model fact situation and actual fact situation match

actual fact situation and burden of proof match

no bankruptcy or jurisdiction issue given / being able to collect legal costs

everything has to be in compliance with the constitution the society agreed on

Modifiable by private agreements

Imperative (Mandatory)

no subject to modification by individuals insofar as they refer to the protection of social interests

Relatively imperative

modifiable only in favour of the protected party; minimum standards protected

everyone is free to determine whether to conclude a contract and if so with whom and with which content

Right to alter a legal relationship

subjective right to alter the existing legal situation by one-sided declaration

subjective right to demand an action or an omission from somebody

making a number of observations and then proceeding to formulate a principle which will be of general application

stating one or more propositions and then reasoning your way to a conclusion by applying established principles of logic

the process of solving a legal issue by comparing it to a similar case and applying the same legal principle

A legal system based on judicial precedents and case law, where past court decisions play a central role in shaping future rulings.

A legal system based primarily on written codes and statutes, with less emphasis on judicial decisions as sources of law.

Relevance: understanding the agreed performance, means that one understands what one is obliged to do and further, what it takes for the performance to be fullfilled, hence whencounter-performance is due What: Description of performance Who: Bears risk and costs Where: Place of performance When: Time of performance

no valid contract if performance is clearly impossible from initiation on

No conflict with law or moral principles

public morals are unwritten principles generally accepted as binding

sometimes additional formal requirements must be met to form a valid contract

LSLP - Part 1 Flashcards

Student preview

94 questions

Show all answers

1.

FLASHCARD QUESTION

Front

Law

Back

a system of rules of conduct that are put into effect by state-organized and state-controlled force and are accepted as law by the community

2.

FLASHCARD QUESTION

Front

Substantive law

Back

describes norms that regulate actual matters

3.

FLASHCARD QUESTION

Front

Formal law

Back

either norms that result from the compliance with a specific legislative procedure or a set of rules regulating the execution of norms

4.

FLASHCARD QUESTION

Front

Objective law

Back

the valid legal system as a whole

5.

FLASHCARD QUESTION

Front

Subjective law

Back

allows a legal entity to enforce compliance with a certain norm by means of state-organs. (the right to a right; for example a claim in civil litigation)

6.

FLASHCARD QUESTION

Front

Legislative power

Back

the authority to create laws

7.

FLASHCARD QUESTION

Front

Executive power

Back

the authority to enforce laws

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