Introduction to Law Concepts

Legal system based on Roman law, where statutes and codes passed by parliament are primary sources of law.

Legal system rooted in English tradition, where judicial decisions from previous cases are key sources.

Legal system based on local traditions, often less formally developed.

Legal system based on religious principles from the Quran.

Legal systems that blend elements of different legal traditions.

The EU's legal framework is between a federal state and an intergovernmental organization.

EU powers are limited to those explicitly given by member states.

The EU only intervenes if there are no better positioned institutions to act.

A binding act that sets goals for member states but allows each state to decide how to achieve them. Directives are "hard law" as they are mandatory but offer some flexibility in implementation.

A binding law that applies equally and directly to all member states without needing national adaptation, ensuring immediate effect.

A binding act directed at specific situations or entities, applicable to particular cases rather than universally across member states.

Non-binding suggestions that provide guidance and influence policy without legal obligation. This "soft law" approach allows the EU to promote goals in a flexible, political manner.

EU law takes precedence over national law; it is the supreme legal authority across the EU.

Branch of law governing the state and its relationship with citizens, including government organization and government-citizen interactions.

Branch of law governing interactions between individuals or private entities, including contracts, property, and family law.

The Roman jurist Ulpianus first differentiated public and private law. Public law covers government organization and government-citizen relations, while private law governs interactions between individuals or private entities.

Tort law seeks a balance between minimizing accident risks and the affordability of care measures. This approach aims for efficient outcomes by preventing excessive care costs and minimizing accidents.

In highly dangerous industries like nuclear energy, tort law emphasizes prioritizing safety. This means taking significant measures to reduce accident probabilities, even if it raises care costs.

For industries with lower risk levels, tort law aims to find the most effective way to reduce harm while keeping costs reasonable. The goal is to balance safety and efficiency.

Tort law reflects societal values of fairness and responsibility It encourages ethical behavior in both personal and public domains.

The general legal principle is that losses from accidents usually stay with the victim. This suggests that not all harm requires legal intervention to shift losses.

Interfering with the natural course of loss allocation by shifting losses can be expensive. Excessive use of tort law can lead to unnecessary lawsuits and economic inefficiencies.

For a successful tort lawsuit, the harm must involve a violation of a protected legal right. Mere financial loss alone might not be sufficient.

The legal system must decide which harms deserve legal protection. Moral wrongs are not always legal wrongs. Determining the boundary between legal and moral wrongs is crucial in tort law.

A legal principle stating that no one is obligated to perform an act that is impossible. This principle influences how courts assess whether a breach of contract occurred and what remedies are appropriate.

A clause within a contract that predefines the amount to be paid in case of a breach. This helps streamline the process for addressing breaches and provides certainty for both parties.

When a liquidated damages clause is judged to be excessive and unfairly penalizes the breaching party, courts may adjust the amount to ensure a fair resolution. This principle emphasizes fairness in enforcing contractual obligations.

The European Union directive that mandates repair or replacement of defective consumer goods instead of only financial compensation. It aims to ensure consumers receive practical solutions to product defects.

Legal arrangements that provide creditors with priority claims over specific assets of a debtor. This enhances creditor security and provides a framework for recovering debts in case of default.

The legal principle that creditors must actively pursue their rights and cannot rely solely on passive waiting. This principle emphasizes the importance of timely action for debt recovery.

A principle that mandates equal treatment for all creditors when a debtor defaults. Assets are commonly divided proportionally among creditors. However, secured creditors can prioritize their claims, circumventing this equal distribution.

Guarantees involve a third party (guarantor) promising to fulfill the debtor’s obligation in case of default, offering additional security. However, it has limitations as the guarantor may themselves default or have other creditors.

A legal principle where liability is shared among all parties involved in producing or distributing a product, even if the exact cause of harm is unknown. This prioritizes compensation over precise identification of fault.

The legal framework governing the ownership, use, and transfer of property. It encompasses various rights and obligations related to tangible and intangible assets.

A key concept in property law, emphasizing the rights associated with ownership rather than the physical objects themselves. These rights include the power to use, exclude others, and transfer the property.

A resource that is available to all, but can be easily depleted if not managed carefully. Examples: Fish stocks, clean air, or a public park.

The traditional model of owning property, where the owner has the right to use it, sell it, and exclude others. However, it doesn't always work well for resources everyone uses, like clean air or fish.

The idea that different legal systems or branches of law reflect the prevailing social values and beliefs of a society. This means laws shape society's ideas and, in turn, are influenced by societal changes.

Analyzing the costs associated with litigation, including legal fees, time spent in court, and potential damage awards. It's a factor in evaluating the effectiveness of tort law.

A way to manage common goods where the government owns the resource and makes rules to protect it.

Evaluating the fairness of distributing responsibility for harm among various parties. It considers factors like individual fault, shared responsibility, and the ability to pay.

Treating a resource as unowned, but making rules to limit how people use it. This aims to prevent overuse and keep it available for everyone.

Analyzing the incentives created by legal rules to encourage individuals and corporations to prevent harm. This involves considering potential penalties and the effectiveness of deterring harmful behavior.

A way to manage common goods where different groups or individuals share responsibility for taking care of the resource. This is often used for resources shared by multiple communities.

A critique of property law by philosopher Karl Marx, arguing that private property is inherently linked to social inequalities and that it undermines societal fairness.