Law and Normativity: Final Review Guide

Vocabulary flashcards covering the determination of norms in time, types of derogation, conflict of laws, scopes of validity, legal integration/analogy, and the structure of legal relations.

Abrogación

The total elimination of a norm; it completely ceases to exist in the system.

Derogación

The partial elimination of a law where only a part or article is removed while the rest remains in force.

Retroactividad Benigna

An exception in criminal law where a new law that benefits the prisoner is applied to past cases.

Ultraactividad

Occurs when a derogated law continues to be applied to cases that originated while it was still in force.

Principio de Jerarquía

A criterion for resolving antinomies where a Superior Law (Constitution) prevails over an inferior one.

Principio de Temporalidad

A criterion for resolving antinomies where the posterior (new) Law derogates the previous one.

Principio de Especialidad

A criterion for resolving antinomies where a Special Law prevails over a General Law.

Ámbito Temporal de Validez

The period of time during which a norm is in force.

Ámbito Espacial de Validez

The specific territory where a norm is applicable.

Ámbito Material de Validez

The specific topic or subject matter that a norm regulates, such as Penal, Civil, or Labor law.

Ámbito Personal de Validez

Specifically defines to whom the norm is applied, such as all people, minors, or doctors.

Integración

The obligation of a judge to fill "Lagunas" (gaps) in the law using analogy or general principles.

Laguna

A situation that should be regulated by law but lacks an exact rule.

Vacío

A situation that does not need legal regulation, such as greeting a neighbor.

A Pari

An analogy argument stating "Where there is the same reason, there is the same right."

A Majori ad Minus

An analogy argument stating "Who can do the most, can do the least."

A Minori ad Majus

An analogy argument stating "If the lesser is prohibited, with greater reason the most is prohibited."

Sujeto Activo

The holder of the right, also known as the Creditor (Acreedor).

Sujeto Pasivo

The person who must comply with an obligation, also known as the Debtor (Deudor).

Objeto (Relación Jurídica)

The prestation, which consists of Dar (To Give), Hacer (To Do), or No Hacer (To Not Do).

Vínculo Jurídico

The nexus that allows for the demand of compliance within a legal relationship.

Derecho Real

A legal relationship between a Subject and an Object, such as property ownership over a car.

Derecho Personal

A legal relationship between a Subject and another Subject, such as a monetary debt between people.

Justicia

To give to each what corresponds to them.

Seguridad

Knowing the specific consequences of one's acts within the legal system.

Orden

A structure designed for peaceful coexistence.