Kaarten: Law flashcards definitions | Quizlet

Law

The organization of just behavior in a society, including substantive and formal law. It is a set of enforced rules of conduct by public authorities to structure civil society.

Mandatory Rules of Law

Laws that claim to apply irrespective of the law chosen by the parties to govern their contractual relations; rules you cannot deviate from.

Default Rules of Law

Rules of law that can be overridden by a legally effective agreement, often referred to as "gap fillers."

Public Policy Rules

Body of principles that underpin the operation of legal systems in each state, addressing social, moral, and economic values.

Mandatory Protective Rules

Rules that claim to apply with the aim to protect the economically weaker party to a contract.

Legislation

The most important source of law, including acts of parliament, treaties, constitution, acts, decrees, and regulations.

Jurisprudence

Interpretation and application of a general rule of law by a judge or court on an individual situation.

Legal Doctrine

Systematic, analytically evaluative exposition of the substance of private law, criminal law, public law, etc.

Customary Law

Essential to the life and custom of indigenous peoples and local communities, though its importance in modern legal systems is limited.

Legal Principles of Law

Mostly derived from existing elements of the legal system, with or without statutory support.

Civil Law System

Body of law derived and evolved directly from Roman Law, codified and not determined by judicial opinions.

Common Law Systems

Body of law based on judicial opinions and historic customs.

Public Law

Governs relations between individuals and the government, and those relationships between individuals of direct concern to society.

Private Law

Governs relationships between individual parties rather than between individuals and the state.

Constitutional Law

Defines the state, recognizes the rights of citizens, and attributes and limits power to state institutions.

Trias Politica

Separation of powers among the judiciary, executive government, and parliament.

Federation

Unites federated areas that are self-governing within the boundaries set by the federation.

Unitary State

Legislative, executive, and judicial branches are centrally focused and have exclusive power to deal with the adoption, execution, and interpretation of law.

Monarchy

Highest power is vested in one person and transferred from generation to generation, usually based on family ties.

Republic

Highest power is attributed to political bodies that rule within the boundaries of a constitution, headed by a president.

Democracy

Highest power is vested in the people that are governed, either directly or through representatives.

Belgian Constitutional Law

Includes the history, separation of powers, legislature, executive, judiciary, monarchy, and representative parliamentary democracy in Belgium.

European Union

A political and economic union of 27 member states that are subject to obligations and privileges of membership.

United Nations

An international organization founded in 1945, currently with 193 member states, guided by the purposes and principles contained in its founding Charter.

Persons & Family Law

Deals with the legal status, rights, and obligations of individuals and families, including marriage, cohabitation, kinship, and succession.

Property Law

Deals with entitlements to property, including tangible objects, land, buildings, and intangible intellectual property.

Law of Obligations

Organizes and regulates the rights and duties arising between individuals, dealing with their creation, effects, and extinction.

Contract

An agreement between two or more parties that creates obligations enforceable by law.

Offer

A specific proposal to enter into a contract, which can be accepted to form a binding agreement.

Acceptance

Agreement to the terms of an offer, resulting in the formation of a contract.

Consideration

Something of value exchanged between parties to a contract.

Legal Capacity

The ability to understand the meaning of one's actions and to engage in legally binding transactions.

Void Contract

A contract that is not legally binding and has no legal effect from the outset.

Voidable Contract

A contract that is initially binding but may be rescinded or avoided by one of the parties due to a legal defect.

Unenforceable Contract

A contract that cannot be enforced in court due to a legal defense or technicality.

Breach of Contract

Failure to perform any term of a contract without a legitimate legal excuse.

Damages

Monetary compensation awarded to a party who has suffered loss or injury due to the breach of a contract.

Specific Performance

A legal remedy where a party is ordered to perform a specific act, usually what was promised in a contract.

Force Majeure

Unforeseeable circumstances that prevent someone from fulfilling a contract.

Good Faith

Honesty and fairness in dealings, requiring parties to act sincerely and without intention to deceive.

Misrepresentation

A false statement of fact made by one party to another, which induces the other party to enter into a contract.

Undue Influence

Pressure exerted by one party to a contract on another, which overcomes the free will of the pressured party.

Duress

Threat or coercion used to force someone to enter into a contract against their will.

Unconscionable Contract

A contract that is unfair or oppressive to one party due to unequal bargaining power or other factors.

Statute of Frauds

A legal requirement that certain types of contracts must be in writing to be enforceable.

Parol Evidence Rule

A rule that prevents parties to a written contract from introducing evidence of prior or contemporaneous oral agreements that contradict the written terms.

Assignment

The transfer of rights or obligations under a contract to another party.

Delegation

The transfer of duties or obligations under a contract to another party.

Novation

The replacement of one party or obligation in a contract with another, with the agreement of all parties involved.

Third-Party Beneficiary

A person who is not a party to a contract but stands to benefit from its performance.

Promissory Estoppel

A legal doctrine that prevents a party from going back on a promise if the other party has relied on that promise to their detriment.

Quantum Meruit

A legal principle that allows for the payment of reasonable compensation for services rendered, even in the absence of a contract.

Quasi-Contract

A legal fiction created by courts to prevent unjust enrichment, where a contract is implied to exist even though it does not.

Restitution

The restoration of something to its rightful owner or the compensation for loss or injury.

Waiver

The voluntary relinquishment of a known right or claim.

Estoppel

A legal principle that prevents a person from asserting something contrary to what they have previously stated or implied.

Indemnity

A promise to compensate another party for loss or damage.

Guarantee

A promise to answer for the debt or default of another party.

Surety

A person who agrees to be responsible for the debt or obligation of another.

Bailment

The transfer of possession of personal property from one person to another for a specific purpose.

Agency

A relationship where one party (the agent) acts on behalf of another party (the principal) with the authority to bind the principal to contracts.

Fiduciary Duty

A legal obligation to act in the best interests of another party, often arising in agency or trust relationships.

Tort

A civil wrong that causes harm or loss to another, resulting in legal liability.

Negligence

Failure to exercise reasonable care, resulting in harm or damage to another.

Intentional Tort

A deliberate act that causes harm or damage to another.

Strict Liability

Legal responsibility for damage or injury, even without fault or negligence.

Vicarious Liability

Legal responsibility for the actions of another person, often arising in employer-employee relationships.

Joint and Several Liability

A legal principle where multiple parties can be held individually or collectively responsible for the same act or omission.

Contributory Negligence

A legal doctrine that bars a plaintiff from recovering damages if they contributed to their own injury.

Comparative Negligence

A legal doctrine that reduces a plaintiff's damages in proportion to their contribution to their own injury.

Assumption of Risk

A legal doctrine that bars a plaintiff from recovering damages if they voluntarily assumed the risk of injury.

Res Ipsa Loquitur

A legal doctrine that allows a plaintiff to establish negligence based on the circumstances of an accident, without direct evidence.

Product Liability

Legal responsibility for injuries or damages caused by defective products.

Professional Liability

Legal responsibility for injuries or damages caused by professional negligence or misconduct.

Defamation

A false statement that harms the reputation of another, including libel (written) and slander (spoken).

Invasion of Privacy

Intrusion into the personal life of another without just cause.

Nuisance

Unreasonable interference with the use and enjoyment of land.

Trespass

Unauthorized entry onto the land of another.

Conversion

Unauthorized assumption of the right of ownership over the personal property of another.

Fraud

Intentional deception for personal gain or to damage another.

Misappropriation

Unauthorized use of the property or assets of another.

Unjust Enrichment

Retention of a benefit conferred by another without legal justification.

Promissory Note

A written promise to pay a specified sum of money to a specified person or bearer.

Bill of Exchange

A written order to pay a specified sum of money to a specified person or bearer.

Check

A written order to a bank to pay a specified sum of money from the account of the drawer.

Negotiable Instrument

A document that promises the payment of money and can be transferred from one party to another.

Holder in Due Course

A person who acquires a negotiable instrument in good faith, for value, and without notice of any defects.

Endorsement

The act of signing a negotiable instrument to transfer ownership or authorize payment.

Dishonor

Failure to accept or pay a negotiable instrument when properly presented.

Bankruptcy

A legal process for dealing with debt problems of individuals and businesses, providing for the equitable distribution of assets among creditors.

Insolvency

The inability to pay debts as they become due.

Liquidation

The process of converting assets into cash to pay creditors.

Reorganization

The process of restructuring the debts and operations of a business to restore profitability.

Trustee

A person appointed to administer a bankruptcy estate, including liquidating assets and distributing proceeds to creditors.

Discharge

The release of a debtor from personal liability for certain debts.

Secured Creditor

A creditor with a security interest in specific property, providing priority in bankruptcy proceedings.

Unsecured Creditor

A creditor without a security interest in specific property, having lower priority in bankruptcy proceedings.

Priority Claim

A claim that is entitled to payment ahead of other claims in bankruptcy proceedings.

Automatic Stay

A legal provision that halts most collection actions against a debtor upon the filing of a bankruptcy petition.

Preferential Transfer

A transfer of property by a debtor that favors one creditor over others, which can be avoided in bankruptcy proceedings.