Legal Rules and their Application

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12 Terms

1
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What is the '“who” and what do legal rules need

legal rules need to have an addressee to do something under certain circumstances with sanctions for non-compliance

2
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where are legal rules constructed from?

provisions that provide a comprehensive understanding of the law

3
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what are legal provisions?

building blocks of the law, that outline general principles.

4
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what are cross references in law?

legal texts often refer to other provisions, creating a network of interrelated laws

5
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what are programmatic rules

provide general guidelines for public authorities

6
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what are competence rules

defines the powers and obligations of these authorities

7
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what are legal principles?

more ambiguous and lead to conflicts but rules are are on a strict yes/no basis

8
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what are conflicts of law rules

determines which provisions will take precedence in case of conflict

9
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when will higher raking rules prevail over lower ranking

lex superior derogat legi inferiori

10
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when will same rank later laws replace earlier laws

lex posterior derogat legi priori

11
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when will specific regulations take precedence over more general ones

lex specialis derogat legi generali

12
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a later general rules does not override an earlier specific rule

Lex posterior generalis non derogat legi priori speciali