Introduction to Law - Part 2: Private Law class 1 -2

Practice vocabulary flashcards based on the Introduction to Private Law lecture, covering civil law traditions, common law history, and legal concepts.

Law

A set of general (mandatory) rules for outward behavior of persons living in a social context, enforceable by authorities.

Private Law

The part of the law dealing with (legal) relationships between private persons, including property law, contract law, tort law, commercial law, and corporate law.

Public Law

The part of the law dealing with (legal) relationships between the State and private persons, including constitutional, tax, and criminal law.

Natural Person

A human being or physical person composed of flesh, blood, and bones.

Legal Person

An intangible (legal) subject, not composed of flesh, blood, and bones, created through a 'deed of incorporation' or 'registration'.

Civil Law Tradition

A legal family based on written systematic codifications and Roman law origins, characterized by a divide between civil and commercial transactions.

Common Law Tradition

A legal family based on English case law concepts without a codification of private law and without a sharp distinction between civil and commercial transactions.

Corpus iuris civilis

Also known as 'Justinian’s Code', a body of Roman Private Law texts compiled by Emperor Justinian in 533 A.D.

Canon Law

The 'Law of the Church' based on the Bible, conciliar decisions, religious texts, and papal decisions.

Scholastic Method

An academic method used by medieval jurists involving the reconciliation of every legal text with every other.

Ius Commune

The 'Common law of Europe' based on Roman Law and studied in universities during the High Middle Ages.

Codification

A term coined by Jeremy Bentham for a code of law that encompasses an entire field in a clear, systematic, and comprehensive manner with exclusive validity.

Jean-Étienne-Marie Portalis

The chief draftsman of the French Code Civil of 1804.

Bürgerliches Gesetzbuch (BGB)

The German Civil Code, in force since 1900, known for its precise wording and use of general clauses like good faith.

German Historical School of Law

A movement inspired by Friedrich Carl von Savigny that sought to identify principles of German private law using a historical and empirical approach to Roman and customary texts.

Positivism

The belief that the legal texts in force in a jurisdiction are the only source of law.

Conceptualism

The view that jurists should identify fundamental concepts of law and deduce outcomes for particular cases from those concepts.

Writ System

The historical basis of English common law involving written commands from the King to a judge to call a defendant to court and resolve a dispute.

Stare Decisis

The principle of 'standing by things decided', where courts follow precedents established in previous decisions.

Distinguishing

A process in common law where a court decides a precedent does not apply because of materially different facts.

Equity

A system of remedies and principles developed by the Lord Chancellor to address unfair outcomes in the common law system.

Teleological Interpretation

An approach that explains law in terms of the purposes it serves rather than as an exact science.

Functional Method

A comparative law approach where similar legal outcomes are sought for common problems regardless of formal rules or sources.

Socio-Economic Legislation

Regulatory law in the general interest (e.g., antitrust, consumer protection) that applies to all economic operators regardless of merchant status.

Negative Integration

The creation of the EU internal market through the prohibition of barriers to the free movement of goods, persons, services, and capital.

Positive Integration

The creation of the EU internal market through the harmonization of national laws, typically using directives.

EU Regulations

Secondary EU laws of general application that are binding and directly applicable in all Member States.

EU Directives

Secondary EU laws that are binding as to the goals to be achieved but require transposition into national law by Member States.

Draft Common Frame of Reference (DCFR)

An academic publication from 2009 intended as a 'tool box' and potential model for coherent European private law.