Podcast
Questions and Answers
What is a characteristic that distinguishes law from morals?
What is a characteristic that distinguishes law from morals?
What type of law governs relationships between private individuals?
What type of law governs relationships between private individuals?
Which of the following describes decrees and orders?
Which of the following describes decrees and orders?
What is the primary purpose of law?
What is the primary purpose of law?
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Which of the following is NOT a feature of law?
Which of the following is NOT a feature of law?
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In the context of law, what does case law refer to?
In the context of law, what does case law refer to?
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What governs the relationship between an individual and the state?
What governs the relationship between an individual and the state?
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Which area of law includes rules about family and property obligations?
Which area of law includes rules about family and property obligations?
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What primary function does constitutional law serve?
What primary function does constitutional law serve?
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In the hierarchical structure of law, which document holds the highest authority?
In the hierarchical structure of law, which document holds the highest authority?
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How many seats does the French National Assembly have?
How many seats does the French National Assembly have?
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What happens if a bill fails to reach an agreement after two readings in both chambers?
What happens if a bill fails to reach an agreement after two readings in both chambers?
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Which of the following describes the French law system?
Which of the following describes the French law system?
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What is the role of the Senate in the French legislature?
What is the role of the Senate in the French legislature?
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What does international private law govern?
What does international private law govern?
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What is required for a bill to become final in the French legislature?
What is required for a bill to become final in the French legislature?
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Which of the following documents is NOT referenced in the preamble as part of the bloc of constitutionality?
Which of the following documents is NOT referenced in the preamble as part of the bloc of constitutionality?
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What is required for a project of law to pass in the National Assembly?
What is required for a project of law to pass in the National Assembly?
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What role does the article 49.3 of the constitution play in lawmaking?
What role does the article 49.3 of the constitution play in lawmaking?
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Who has the power to initiate a proposition of law?
Who has the power to initiate a proposition of law?
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In the legislative process, what is the maximum number of times a law can be sent back and forth between the two chambers?
In the legislative process, what is the maximum number of times a law can be sent back and forth between the two chambers?
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The legislative domain defined by the Constitution indicates what?
The legislative domain defined by the Constitution indicates what?
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Which body does NOT have the authority to seize the Constitution and question laws?
Which body does NOT have the authority to seize the Constitution and question laws?
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Which aspect presents a potential issue for democracy concerning the Constitutional Council?
Which aspect presents a potential issue for democracy concerning the Constitutional Council?
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Study Notes
Continuous Assessment
- Grade: 1 group practical case around sessions 8/9 + 1 MCQ 20 questions around sessions 5/6 (50% of grade)
- Partials: 1 practical case + questions on notions (50% of grade)
Introduction to Law
- Law: A general and impersonal rule resulting from a collective will, with binding force, derived from legislative authority.
- Decrees and Orders: General and impersonal rules stemming from governmental or local will, with binding force. Issued by executive power, administrative authorities, or town halls (President/Prime Minister, Ministers, Prefects).
- Court Decisions/Case Law (Jurisprudence): Legal rulings from competent jurisdictions.
- Law vs. Morals: The law manages relationships, while morals don't have legal sanctions, though law is typically influenced by morals. Laws are mandatory, general, and permanent.
Private Law
- Scope: Governs relationships between individuals, associations, and companies.
- Commercial Law: Specifically applies to commercial transactions.
- Civil Law: Covers contracts, family law, liability, and property, primarily based on the 1804 French civil code.
Public Law
- Scope: Governs the relationship between the individual and the state.
- Constitutional Law: Defines fundamental rules for the state's organization.
- Administrative Law: Deals with the state's administration, public finances, and taxes, and their relationship with individuals.
International Law
- National, regional, and international: International public law governs relations between states and international organizations. International private law governs relationships between private individuals (e.g., citizens in different countries).
- Hierarchical structure: Listed in order of hierarchy from highest to lowest: Constitution, International conventions/treaties, Parliamentary laws, Case laws, Decrees/ordinances, Individual contracts
French Law Overview
- Civil Law System: Codified, written rules, compared with Common Law system relying on judicial precedent.
- French Legislature: National Assembly (577 seats), directly elected; Senate (331 seats).
- Parliamentary Laws: Bills are initiated by the government or parliament; must be approved identically in both chambers.
Constitutional Sources of French Law
- Constitution of October 4, 1958: Fundamental law; preamble and articles.
- Preamble (Declaration of the Rights of Man): Derived from previous documents.
- Constitutional Council: 9 members appointed for life; reviews laws to ensure compliance with the constitution
The Law in France
- Two Types of Laws: Government (projet de loi) & Parliament (proposition de loi)
- Sent to National Assembly/Senate → Majority vote (50%+1 in each chamber), back-and-forth.
- Amendment: Modifications by both chambers until final approval.
- Article 49.3: Allows the government to pass laws without parliamentary approval (budget matters only).
- Counterpower: Censure, replacing the prime minister.
- Scope of Law: Constitution defines legislative areas. Remaining matters fall under regulations; different levels of authority.
- Constitutional Council: Checks compliance with the constitution; cannot make laws or seize all laws.
Binding Force of Law
- Stages of enactment: Enactment/Promulgation, then Publication.
- Law's validity: binding from entry into force until repeal (express, tacit, or obsolescence).
- Case Law: Judge-made law, creates precedents. Restrictions on judges' powers to create law.
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Description
This quiz covers fundamental concepts of law, including the definition of law, decrees, court decisions, and the distinctions between law and morals. Additionally, it explores the scope of private law, particularly commercial law and its application in relationships between individuals and entities. Test your understanding of these key legal principles.
