Introduction to Law and the Legal System

These flashcards cover essential concepts of law, legal systems, and the structure of the European Union as outlined in the lecture notes.

What does the famous Latin quote 'Ubi societas, ibi ius' mean?

Where there is society, there is law.

Who proposed the Normativist Approach to law?

Hans Kelsen.

What is a 'Grundnorm' in Hans Kelsen's legal theory?

The fundamental, presupposed rule that validates all other rules within a legal system.

What three elements comprise an organized social group according to the Institutionalist Approach?

1. Social group 2. Institution/authority 3. Legal norms.

How do Normativists view the enactment of legal norms?

Only norms enacted by the State are legal.

What are the properties a legal norm must have?

1. Effectiveness 2. Force 3. Generality 4. Abstractness.

What term refers to man-made law created by the state?

Positive Law.

What does the term 'Natural Law' refer to?

Moral/universal principles inherent to human nature.

What is the principle of 'stare decisis' in Common Law?

Let the decision stand; precedents set by courts become binding on future cases.

In Civil Law systems, how do courts differ from those in Common Law systems?

Courts apply and interpret the law; they do not create it.

What is the difference between Public Law and Private Law?

Public Law governs relations involving the state, while Private Law governs relations between equal parties.

What are acts in legal terms?

Voluntary actions that create legal effects, such as laws or decrees.

What are antinomies in legal context?

Legal contradictions that arise when two legal norms conflict.

What does the Criterion of Hierarchy state regarding legal norms?

Higher law prevails over lower law.

What are two main kinds of International Law sources?

Customary & General Principles, and Treaties.

What is the difference between Primary EU Law and Secondary EU Law?

Primary Law consists of founding treaties, whereas Secondary Law includes acts adopted under primary law.

How are binding acts classified under Secondary EU Law?

They include regulations, directives, and decisions.

What is the primary goal of the EU's monetary policy?

To ensure price stability.

What is described as the organizational structure of the state?

The state is an organization of political power with defined territory, population, and sovereignty.

What does sovereignty refer to in the context of the state?

Supreme power—both external (independence from other states) and internal (binding authority over subjects).

Which form of state develops from the feudal system during the 15th–17th centuries?

The Modern State.

What is the principle of Rule of Law?

Every public authority must act within and because of the law.

What distinguishes the Liberal State from earlier forms of government?

It aims to limit arbitrary power of rulers and introduces individual rights.

What characterized Authoritarian and Totalitarian States in the 20th century?

Power concentrated in one leader or party, with no separation of powers.

What does the term 'Crisis of the Liberal State' refer to?

The contradiction and collapse experienced by liberal democratic states in the late 19th to early 20th century.

What is a 'Constitutional State'?

A rigid Constitution that defines limits on public power and ensures constitutional justice.

What theory describes the EU's legal framework as a unique governance structure?

That the EU is a community based on the rule of law, marking its legal distinctiveness from states.

What does the EU's decision-making process involve?

A dual model where both EU institutions and Member States play roles in legislation.

What is the central aim of the EU as described by Article 3 TEU?

To promote peace, EU values, and the well-being of its peoples.