Podcast
Questions and Answers
What is one type of civil sanction related to damages?
What is one type of civil sanction related to damages?
- Imprisonment
- Civil degradation
- Damages and interests (correct)
- Capital punishment
Which of the following is classified as a criminal penalty?
Which of the following is classified as a criminal penalty?
- Imprisonment (Life Sentence) (correct)
- Repairation
- Damages to property
- Indirect Constraint
What type of constraint directly impacts the subject?
What type of constraint directly impacts the subject?
- Forced residence
- Summary offenses
- Civil degradation
- Direct constraint (correct)
Which of these is NOT considered a criminal sanction?
Which of these is NOT considered a criminal sanction?
Summary offenses can result in which of the following penalties?
Summary offenses can result in which of the following penalties?
What is described in the elements of facts?
What is described in the elements of facts?
What does the enforcement stage involve?
What does the enforcement stage involve?
What is the primary focus of civil procedure?
What is the primary focus of civil procedure?
Which element specifically deals with applying the law to facts?
Which element specifically deals with applying the law to facts?
What role does the prosecuting authority play in criminal procedure?
What role does the prosecuting authority play in criminal procedure?
What is the purpose of promulgation in the law application process?
What is the purpose of promulgation in the law application process?
What is the role of the government in the legislative process?
What is the role of the government in the legislative process?
Which of the following describes the waiting phase in the law application process?
Which of the following describes the waiting phase in the law application process?
Who has the initiative to propose laws within the legislative framework?
Who has the initiative to propose laws within the legislative framework?
What does the term 'execution to all' signify in the law application process?
What does the term 'execution to all' signify in the law application process?
What does the rule of law ensure regarding compliance?
What does the rule of law ensure regarding compliance?
Which type of sanction involves the cancellation of an act retroactively?
Which type of sanction involves the cancellation of an act retroactively?
What can sanction individuals through penal law?
What can sanction individuals through penal law?
How does the rule of law affect disputes?
How does the rule of law affect disputes?
What is the outcome for individuals affected by civil sanctions?
What is the outcome for individuals affected by civil sanctions?
What is meant by the 'Monopoly of Sanction' in legal terms?
What is meant by the 'Monopoly of Sanction' in legal terms?
Which of the following is NOT considered a direct source of law?
Which of the following is NOT considered a direct source of law?
What distinguishes 'Law in strict sense' from 'Law in broad sense'?
What distinguishes 'Law in strict sense' from 'Law in broad sense'?
Which of these is NOT a part of the structure of law?
Which of these is NOT a part of the structure of law?
What is one example of an organic law?
What is one example of an organic law?
Which area is NOT covered by common law?
Which area is NOT covered by common law?
What is a characteristic of specialized jurisdiction in courts?
What is a characteristic of specialized jurisdiction in courts?
Which tribunal focuses specifically on administrative matters?
Which tribunal focuses specifically on administrative matters?
Which of the following is a stage of the procedure for enforcing commercial rights?
Which of the following is a stage of the procedure for enforcing commercial rights?
What is NOT a focus of commercial law?
What is NOT a focus of commercial law?
What is a defining characteristic of the rule of law?
What is a defining characteristic of the rule of law?
Which of the following best describes the relationship between individual freedoms and the rule of law?
Which of the following best describes the relationship between individual freedoms and the rule of law?
What role does the penalty for non-compliance play in the rule of law?
What role does the penalty for non-compliance play in the rule of law?
Which statement accurately reflects the normative character of the rule of law?
Which statement accurately reflects the normative character of the rule of law?
How is the legitimacy of the rule of law determined?
How is the legitimacy of the rule of law determined?
Which branch of French law deals primarily with business activities and businesspeople's status?
Which branch of French law deals primarily with business activities and businesspeople's status?
What serves as the foundational branch of French law from which other branches such as Commercial Law branch off?
What serves as the foundational branch of French law from which other branches such as Commercial Law branch off?
Which of the following is NOT a category under Common Law in the context of French law?
Which of the following is NOT a category under Common Law in the context of French law?
Which of the following branches of French law includes aspects related to obligations and civil liability?
Which of the following branches of French law includes aspects related to obligations and civil liability?
What term refers to legal principles that address unique rights and issues in the French legal system?
What term refers to legal principles that address unique rights and issues in the French legal system?
Which of the following is part of the procedure in civil law cases?
Which of the following is part of the procedure in civil law cases?
What does commercial law primarily govern?
What does commercial law primarily govern?
What is true about substantive law?
What is true about substantive law?
Which court resolves disputes at the initial stage in civil procedure?
Which court resolves disputes at the initial stage in civil procedure?
What distinguishes common law from other types of law?
What distinguishes common law from other types of law?
Which of the following is classified as a natural right?
Which of the following is classified as a natural right?
What characterizes a positive right?
What characterizes a positive right?
Which statement about natural rights is true?
Which statement about natural rights is true?
Which of the following options is a feature of positive rights?
Which of the following options is a feature of positive rights?
What differentiates positive rights from natural rights?
What differentiates positive rights from natural rights?
Flashcards
Elements of Facts
Elements of Facts
Describes the actual events leading to a legal dispute, providing a factual account of what happened.
Elements of Law
Elements of Law
Applying legal rules to the established facts to resolve the dispute.
Civil Procedure
Civil Procedure
Set of rules governing disputes between individuals or organizations, including lawsuits and court proceedings.
Enforcement Stage
Enforcement Stage
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Criminal Procedure
Criminal Procedure
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Promulgation
Promulgation
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Waiting (in law making)
Waiting (in law making)
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Publication (in law making)
Publication (in law making)
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Execution (in law making)
Execution (in law making)
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Information Delay
Information Delay
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Damages
Damages
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Constraint (Civil Law)
Constraint (Civil Law)
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Criminal Penalties
Criminal Penalties
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Criminal Law
Criminal Law
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Summary Offences (Contraventions)
Summary Offences (Contraventions)
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Monopoly of Sanction
Monopoly of Sanction
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Separation of Powers
Separation of Powers
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Law (strict sense)
Law (strict sense)
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Law (broad sense)
Law (broad sense)
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The Constitution
The Constitution
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Rule of Law
Rule of Law
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Sanctions
Sanctions
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Penal Sanctions
Penal Sanctions
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Civil Sanctions
Civil Sanctions
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Public Force
Public Force
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Commercial Law
Commercial Law
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Civil Law
Civil Law
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Patrimonial Rights
Patrimonial Rights
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Real Rights
Real Rights
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Common Law
Common Law
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Procedure for Enforcing Commercial Rights
Procedure for Enforcing Commercial Rights
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Courts with General Jurisdiction
Courts with General Jurisdiction
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Specialized Jurisdiction Courts
Specialized Jurisdiction Courts
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What is the rule of law?
What is the rule of law?
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Abstract, General, and Obligatory
Abstract, General, and Obligatory
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Concrete Example
Concrete Example
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Social Phenomenon
Social Phenomenon
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Power of the Law
Power of the Law
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Natural Right
Natural Right
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Positive Right
Positive Right
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Written nature of Positive Rights
Written nature of Positive Rights
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Evolution of Positive Rights
Evolution of Positive Rights
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Origin of Positive Right
Origin of Positive Right
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Common Law (Le droit commun)
Common Law (Le droit commun)
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Commercial Law (Droit commercial)
Commercial Law (Droit commercial)
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Special Rights (Les droits spéciaux)
Special Rights (Les droits spéciaux)
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Business Activities
Business Activities
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Status of Businesses and Businesspeople
Status of Businesses and Businesspeople
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Study Notes
Civil Law Sanctions
- Civil sanctions aim to repair harm caused by a breach of civil law
- Sanctions can be divided into two main categories:
- Direct constraint: Consists of measures that directly affect the person or their property. Examples include; repossession of assets, forced eviction.
- Indirect constraint: These are constraints imposed by a court order or ruling. Examples include: damages, compensation, injunctions
- Damages and interest: Compensation for the financial losses inflicted on the victim by the delinquent party. Interest is additional compensation for delayed payments
- Nullity of an act: Cancellation of a contract deemed invalid
- Compensation: financial support to the aggrieved party
Criminal Law Sanctions
- Penal sanctions: aimed at punishing criminal offenses
- Criminal penalties:
- Capital punishment (death penalty) is no longer a common sanction in many legal systems.
- Imprisonment is a widely used sanction for serious crimes.
- Detention is a sanction applied to less serious offenses.
- Fines: financial penalties
- Confiscation: seizure of assets gained through criminal activity.
- Exclusion from public office: A sanction that bars individuals from holding certain public positions.
Types of Offenses (Delict, Crime, Contravention)
- Crimes: Severe offenses, often encompassing physical harm, theft, and property damage.
- Delicts: Less serious offenses with a range of penalties that vary.
- Contraventions: Minor offenses. Penalties include fines and possible brief detentions.
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