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Questions and Answers

Which of the following roles does NOT directly assist a judge in legal proceedings?

Clerk

Attorney (correct)

Bailiff

Expert

What is the primary function of a notary public in the context of legal services?

To serve official acts to parties involved in a case

To provide expert testimony in court

To assist with real estate, matrimonial, and succession issues (correct)

To represent defendants during a trial

In an Alternative Dispute Resolution context, which professional is primarily responsible for facilitating agreements between disputing parties?

Attorney

Bailiff

Conciliator (correct)

Notary public

During a criminal trial, which judge is responsible for ordering the indemnification of the victim?

Seated judge Signup and view all the answers

Who typically provides opinions on technical issues during a legal proceeding?

Expert Signup and view all the answers

Which type of judge is considered immovable, independent, and impartial?

Seated judges Signup and view all the answers

What is the primary role of standing judges in the legal system?

To conduct investigations and defend societal interests Signup and view all the answers

In the case study, what law was implemented by machines to manage humans?

Prohibition of wearing baseball caps in public Signup and view all the answers

Which of the following is NOT a feature of positive law mentioned in the context?

A personal moral belief to follow Signup and view all the answers

What is the main character’s concern regarding the law passed by machines in 2155?

Restriction of clothing choices Signup and view all the answers

Which definition of law emphasizes its role as a set of rules sanctioned by society?

Law as a body of behavioral rules Signup and view all the answers

Which aspect of law relates specifically to rights recognized by positive law?

Subjective rights Signup and view all the answers

What characterizes positive law in a legal context?

It is coercive and can impose sanctions for non-compliance. Signup and view all the answers

Which of the following best describes the relationship between subjective rights and positive law?

Positive law grants subjective rights to individuals and collectives. Signup and view all the answers

What is a key characteristic that differentiates public law from private law?

Public law involves regulations that govern the relationship between individuals and the state. Signup and view all the answers

Which example best illustrates the concept of subjective rights?

The right to vote as defined by age requirements. Signup and view all the answers

In which scenario is positive law primarily focused?

Establishing enforceable rules applicable to all in a jurisdiction. Signup and view all the answers

How can the coercive nature of positive law be described?

It implies consequences for non-compliance. Signup and view all the answers

Study Notes

Preliminary Comments: What is the Law?

Law is defined as a body of behavioral rules dictated and sanctioned by society, imposed on members of society. (G. Cornu, Vocabulaire juridique)
Positive law (droit positif) is the body of rules currently in force. It applies to all subjects of law within a given territory, and is subject to sanctions for non-compliance.
Subjective rights (droits subjectifs) are the prerogatives (rights) recognized by positive law, either individually or collectively, belonging to subjects of law.

Law on Majority Age

Majority age is part of positive law.
Once a person reaches the age of majority, they have subjective rights such as voting, going to a club, or ordering a beer.

Types of Law

Law is categorized into public law and private law.
Public law includes constitutional law, environmental law, and collectivities law.
Private law includes civil law, commercial law, consumer law, intellectual property law, company law, tax law, labor law, and criminal law.

Test Yourself #1: Question 1

Being able to claim ownership of a purchased computer is a subjective right.

Test Yourself #1: Question 2

Not being able to steal without fear of sanctions is part of positive law (a multiple choice question, other possible answers are available too.)

Test Yourself #1: True/False

Rules about not smoking in Audencia halls, respecting elders, or paying alimony are part of positive law. Laws aim at reaching goals in this world not the heavens.

Case Study #1

The year is 2155, and machines have taken over Planet Earth.
The machines have instituted a highly technological surveillance system to prevent humans from regaining power.
Part of this system is a law prohibiting wearing baseball caps in public places because the machines find this a good way to distinguish humans and track them.

Part I- Who Are the Actors of the Law?

Judges/magistrates in France are divided into seated judges (magistrats du siège) and standing judges (magistrats du parquet).
Seated judges are immovable, independent, and impartial, who apply laws, impose sanctions and make decisions. They are considered real judges.
Standing judges decide whether or not to open a case, investigate, defend public interest, and enforce judicial decisions and conduct investigations.

Auxiliaries of Justice (Legal Professionals)

Auxiliaries of justice include clerks (greffier), experts, conciliators, attorneys, notary public, public officers, bailiffs/hussiers. These professionals assist judges and parties in legal procedures, and/or provide support during procedures.

Test Yourself #2

This section asks to identify whether actions in a theft scenario (reporting, arguments, sentencing and indemnification) are handled by seated judges (magistrats du siège) or standing judges (magistrats du parquet).

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Description

This quiz explores the fundamentals of law, including definitions of positive law and subjective rights. It also covers the concept of majority age and its implications for individual rights within legal frameworks. Test your understanding of different types of law, both public and private.

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