Law 2

Questions and Answers

What distinguishes a natural person from a juristic person in Civil Law?

Natural persons become juristic persons upon marriage.

Natural persons retain their legal status after death.

Juristic persons are legal entities created by law. (correct)

Natural persons have legal rights only after age 18.

At what point does personality end for a natural person according to Thai law?

When they become a juristic person.

At the age of 20.

Upon death. (correct)

After completing a juristic act.

Which of the following best describes the status of a minor in the context of legal personality?

Minors can achieve full personality status upon marriage.

Minors have the same legal rights as adults.

Minors can complete legal acts without parental consent.

Minors cannot engage in any legal acts independently. (correct)

What is the primary difference between Civil Law and Criminal Law?

Civil Law deals with private disputes, while Criminal Law involves state violations. Signup and view all the answers

What are the two main classifications of law mentioned in the content?

Private Law and Public Law. Signup and view all the answers

Which system primarily relies on judicial precedents as a major source of law?

Common Law System. Signup and view all the answers

In the context of legal acts, what requirement is necessary for a minor to achieve full legal capacity?

Obtaining consent from a legal guardian. Signup and view all the answers

What event solidifies the commencement of legal personality for a natural person?

Birth as a living child. Signup and view all the answers

What establishes the beginning of personality according to the civil and commercial law code of Thailand?

Completion of birth as a living child Signup and view all the answers

What rights does a child en ventre sa mere possess?

Conditional rights upon live birth Signup and view all the answers

At what age does a person cease to be considered a minor and become sui juris?

Twenty years old Signup and view all the answers

How can a juristic person come into existence?

By virtue of this Code or other law Signup and view all the answers

What term is used to refer to a capable person in the civil and commercial law code of Thailand?

Sui juris Signup and view all the answers

Which condition makes acts performed without consent voidable?

The act is performed by a minor Signup and view all the answers

What does the term 'sui juris' indicate in legal terminology?

Full legal capacity Signup and view all the answers

Which of the following statements about personality is incorrect?

A natural person can be a juristic person Signup and view all the answers

Which punishment represents the most severe consequence under the criminal law code of Thailand?

Death Signup and view all the answers

What is classified as a petty offence under the criminal law code of Thailand?

Imprisonment not exceeding one month Signup and view all the answers

Which of the following best describes the role of a judge in a court of law?

To adjudicate disputes and make decisions Signup and view all the answers

Which option represents a form of punishment that indicates less severity compared to death under Thai criminal law?

Confinement Signup and view all the answers

What are the parties involved in a lawsuit classified as under the legal terminology?

Both natural and legal persons Signup and view all the answers

What type of offences does the specific category of the criminal law code address?

Offences against life and body Signup and view all the answers

Which punishment is not considered a direct consequence for offenders under Section 18?

Community service Signup and view all the answers

In the criminal law code, which of the following is NOT a defined section in relation to specific offences?

Offences against political economic systems Signup and view all the answers

In Thailand, what is the role of a lawyer in court decisions?

They need to be licensed to conduct cases. Signup and view all the answers

What does the term 'litigant' refer to in legal terminology?

A party engaged in a lawsuit. Signup and view all the answers

Who holds the burden of proof in a standard legal case?

The accuser. Signup and view all the answers

What is the primary function of a prosecutor in a criminal lawsuit?

To initiate a criminal lawsuit. Signup and view all the answers

Which of the following is NOT a synonym for 'defendant'?

Claimant. Signup and view all the answers

What is documentary evidence?

Written materials submitted as proof. Signup and view all the answers

In legal terminology, who is typically referred to as the 'accuser'?

The public prosecutor. Signup and view all the answers

What best describes the role of a jury?

They are tasked with finding facts. Signup and view all the answers

What is the primary basis of a common law system?

Decisions based on accepted customs and traditions Signup and view all the answers

Which category of law primarily deals with the relationship between individuals?

Private Law Signup and view all the answers

In which type of legal system are codes of law more predominant?

Civil Law System Signup and view all the answers

What is a characteristic of public law concerning evidence accessibility?

Evidence may be unequally accessible or available Signup and view all the answers

What distinguishes substantive law from procedural law?

Substantive law outlines legal principles while procedural law involves enforcement Signup and view all the answers

What type of legal procedure does public law typically employ?

Inquisitorial system Signup and view all the answers

Which of the following is NOT a characteristic of a civil law system?

Judicial decisions rely on judicial precedents Signup and view all the answers

Which of the following countries primarily follows a common law system?

United States of America Signup and view all the answers

Study Notes

Introduction to Law

Civil Law distinguishes between natural persons (individuals) and juristic persons (legal entities).
Criminal Law focuses on punishments for offenses against societal norms.

Civil Law: Personality

Personality is defined by legal status, which begins at birth and ends at death.
A minor (under 20 years) requires consent for legal acts; acts without consent are voidable.
Juristic (legal) persons are recognized entities established under law.

Juristic Persons

Juristic persons exist as defined by the civil and commercial law codes of Thailand, specifically Section 65.

Criminal Law: Punishments

Punishments outlined in Section 18 include death, imprisonment, confinement, fines, and forfeiture of property.
Criminal offenses vary from minor offenses (punishable by up to one month's imprisonment) to serious crimes.

Structure of Lawsuits

Legal cases involve parties that may be natural or juristic persons.
Courts consist of judges who adjudicate, and some systems incorporate juries to ascertain facts.

Legal Roles

Lawyers must be licensed to practice law and typically focus on specific areas such as criminal law.
Witnesses provide evidence in legal proceedings, which can be documentary or material.

Legal Maxim

The principle "Actori incumbit onus probandi" indicates that the burden of proof lies with the party that asserts a claim.

Legal Terms

Litigants include plaintiffs (civil) who initiate lawsuits and defendants (both civil and criminal) who respond to claims.
Prosecutors are authorized to initiate criminal cases, including public prosecutors or injured parties acting together.

Jurisdiction

Jurisdiction defines a court's authority to hear cases; in the digital age, online legal issues transcend geographic boundaries.

Classification of Law

Law can be categorized into civil vs. common, public vs. private, and substantive vs. procedural.

Common Law System

Common law is rooted in customs and traditions; relies on judicial precedents for decisions.
Examples: United Kingdom, USA, Singapore.

Civil Law System

Civil law is based on written codes and statutes, supplemented by Supreme Court precedents.
Examples: Thailand, France, Germany.

Private Law

Governs relationships between individuals or entities, often resolved through an accusatorial system in courts.

Public Law

Involves state-related legal relationships; addresses cases where at least one party is a state entity.
Employs an inquisitorial system to ensure fair access to justice by allowing the court to gather evidence.

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Description

Explore the key concepts of Civil and Criminal Law, focusing on the distinctions between natural and juristic persons, as well as the various punishments defined under criminal law. This quiz covers personality under Civil Law and the structure of legal cases, providing a comprehensive overview of legal principles. Test your understanding of the foundational aspects of law.