Chapter 1: The Legal System

Vocabulary flashcards for the legal system.

Rule

A statement that governs human conduct, whose scope is not to narrate or implicate, but to direct conduct.

Norm

Refers to what is normal.

Personal Rule

Seeks to regulate the conduct of a specific person or group of people.

Factual Rule

Covers one or more factually specified situations.

General Rule

Directs whoever may find himself in a specified situation.

Abstract Rule

Covers any situation that repeats the one envisioned.

Civil Sanctions

Sanctions such as compensation for damages inflicted on a person.

Criminal Sanctions

Sanctions such as imprisonment.

Administrative Sanctions

Sanctions such as a fine.

Legal Rule

That which is formed out of one of the 'modes of production' prescribed by the system itself.

Sources of Law

Written and unwritten sources, legal sources, and legislation.

Case Law

Law that is formed from precedents set by judges' decisions, which may become a criterion for other similar cases.

Legislation

A means through which an authority draws up a text containing legal rules (may take the form of acts or statutory instruments).

Ratification

The act of officially confirming or approving a decision, agreement, or act that was initially made by another party.

Domestic Regulations

Rules and laws made by different bodies such as the council of ministers, ministries, regions, provinces or municipalities

Custom or Usage

A 'backup' source of law used when there are no specific laws or regulations on the matter.

Customs Praeter Legem

Customs in an area where they are not regulated by other sources of law.

Customs Secundum Legel

Customs in areas where they’re explicitly referred to by higher sources of law.

Direct Effect

Enables individuals to use European provisions before a national or European court (only certain European acts), even if their country hasn't made national laws on the issue.

Vertical Direct Effect

Applies when an individual is dealing with a national government or its bodies, if someone wants to challenge a national law that conflicts with European law.

Horizontal Direct Effect

When an individual is dealing with another individual, European law can be used between private parties.

Precedence

Means that EU law is more powerful than the national laws of member states.

Express Repeal

Occurs when lawmakers explicitly state that a new law replaces an old one.

Implicit Repeal

When new provisions are incompatible with old ones or when a new law covers the entire subject area previously governed by an older law.

Non-Retroactivity

States that laws apply only to actions that occur after the law is enacted, and it is strongly protected in criminal law.

Private International Law

A set of rules used to decide which country’s laws should be used when dealing with legal issues involving people or businesses from different countries.

Conflict-of-Law Rules

Help decide which country’s laws should be applied when both could.

Jurisdiction

Which court or legal system has the authority to hear a case.

Applicable Law

The law that will be used to decide the case.

Legal Capacity

Having the ability to hold rights and responsibilities

Capacity to Act

Having the ability to use those rights

Adverse Possession

When someone uses property without the owner's permission for a long time, and therefore gains legal ownership (sometimes).

Tort Liability

About who is responsible for harm or injury, where the law of the country where the harm occurred applies

Product Liability

When a product causes harm, and the injured person can choose to use the law of where the product was bought or manufactured.