Law and Human Rights Overview

Questions and Answers

What defines a crime according to the provided information?

A permissible act under legal jurisdiction

An action that is not permitted by law (correct)

A misconduct resulting in minor penalties

An action allowed by law

What is the maximum prison sentence for a 'wanbedrijf'?

10 years

3 years

5 years (correct)

1 year

Which of the following documents is enforceable?

European Convention on Human Rights (EVRM) (correct)

International Covenant on Civil and Political Rights

Universal Declaration of Human Rights (UVRM)

Bill of Rights

What does CAO stand for in legal terms?

Collective Labor Agreement Signup and view all the answers

What are primary sources of law?

Legislation issued by authorities Signup and view all the answers

Which type of court handles 'overtredingen'?

Politierechtbank Signup and view all the answers

What is the main aspect of minimumautonomie of the spouses?

Freedom of profession and management of personal income Signup and view all the answers

What is the primary purpose of a huwelijkscontract?

To regulate the financial aspects of a marriage Signup and view all the answers

What is the consequence of a spouse failing to fulfill their obligations?

Sanctions, including separate living arrangements Signup and view all the answers

What is the definition of onroerend goed?

Immovable property Signup and view all the answers

What is the purpose of a hypotheek?

To provide a guarantee for a loan Signup and view all the answers

What is the consequence of not fulfilling a verbintenis?

Verjaring Signup and view all the answers

What is the primary aspect of minimumverbondenheid of the spouses?

Joint responsibility for household expenses Signup and view all the answers

What is the purpose of a huwelijkscontract in terms of property?

To regulate the distribution of property Signup and view all the answers

What are the two main types of damage?

Moral and material damage Signup and view all the answers

Who is responsible for the damage in a situation where no fault is committed?

The person who is responsible for the risk Signup and view all the answers

What is the characteristic of a monocameral system?

A system with one chamber of parliament Signup and view all the answers

What is an example of a business right?

Right to use a service road Signup and view all the answers

What is the limitation of a king's power?

The king cannot have a political opinion Signup and view all the answers

What is the difference between facilities in municipalities and the Brussels region?

Brussels is bilingual, while municipalities are not Signup and view all the answers

What is the highest court in the Belgian judicial system?

Hof van Cassatie Signup and view all the answers

What is the function of a police court?

To handle traffic violations Signup and view all the answers

Who is obligated to be present during a criminal procedure?

The defendant Signup and view all the answers

What is the term for the collection of rules and laws that govern a society?

Rechtsobject Signup and view all the answers

What happens to a missing person who cannot be declared dead after three months?

A guardian is appointed Signup and view all the answers

What is the term for a person who is legally capable of exercising their rights?

Handelsbekwaam Signup and view all the answers

What is the term for a person who is not legally capable of exercising their rights?

Handelsonbekwaam Signup and view all the answers

What is the term for the area of law that deals with social security?

Social security law Signup and view all the answers

What is one reason why a marriage can be declared null and void?

Wilsgebrek (lack of consent) Signup and view all the answers

What is the term for a court declaration that a person is dead?

Akte van overlijden Signup and view all the answers

Which court is responsible for handling civil cases involving disputes over small amounts?

Peace court Signup and view all the answers

What type of court is the Hof van Beroep (court of appeal)?

It handles both civil and criminal cases. Signup and view all the answers

What is the main role of the Hof van Cassatie?

To correct procedural errors from lower courts. Signup and view all the answers

Which type of court deals specifically with labor disputes?

Labor court Signup and view all the answers

How is the structure of courts described?

It is pyramidal, allowing for appeals. Signup and view all the answers

What distinguishes a 'vonnis' from an 'arrest'?

A 'vonnis' is a decision by a court, while an 'arrest' is a decision by a higher court. Signup and view all the answers

What is the main function of the balie?

To represent all lawyers within a specific jurisdiction. Signup and view all the answers

Which court has the authority to handle juvenile and family law cases?

Family and juvenile court Signup and view all the answers

Study Notes

Definition of Law

Law consists of rules outlining permissible and impermissible actions, primarily embedded in statutes.

Crimes and Offenses

Crimes are actions prohibited by law, classified into:
- Contraventions: Punishable by 1-7 days imprisonment, fines from €6-150, and community service of 20-45 hours, adjudicated by the Policing Court.
- Misdemeanors: Punishable by a maximum of 5 years imprisonment, fines starting from €156, and community service of 46-300 hours, reviewed by the Correctional Court.
- Felonies: Minimum 5 years imprisonment, fines from €156, community service not applicable, judged by the Court of Assizes.

Humanitarian Rights

Universal Declaration of Human Rights (UDHR) and European Convention on Human Rights (ECHR) provide frameworks for human rights.
UDHR is non-binding, while ECHR is enforceable.

Collective Labor Agreement (CAO)

CAO is part of labor law governing agreements between employers and employees.

Sources of Law

Primary Sources: Binding laws issued by authorities, such as legislation.
Secondary Sources: Court rulings (jurisprudence) and legal commentaries that interpret or comment on laws, influencing future legislation.

Courts and Their Specializations

Various courts exist, including:
- Civil Courts: Peace Court, Court of First Instance, Commercial Court, Labor Court, Court of Appeal, and Labor Appeal Court.
- Criminal Courts: Policing Court, Correctional Court, Court of Assizes, and Criminal Appeal Court.
- Family and Youth Courts: Handling both civil and criminal matters.
- Court of Cassation: Reviews procedural errors.

Appeals Process

An appeal (hoger beroep) requests a higher court to review a lower court's decision, potentially leading to the annulment of the original ruling.

Definitions of Sentences

A verdict is issued by a court; an arrest is issued by higher courts or appeal courts.

Bar Association (Balie)

Represents all lawyers within a given jurisdiction.

Becoming a Judge

The process involves presenting a case to the public prosecutor, who may choose to dismiss, prosecute, mediate, or assign the case to an investigating judge.

Legal Entities

Legal Object: The set of legal rules codified in laws.
Legal Subject: The collective rights of individuals.

Missing Persons and Death Declaration

A person presumed missing can be declared absent after three months with a guardian appointed.
A legal declaration of death is possible after five years of absence and can be expedited in life-threatening situations.

Capacity and Incapacity

Legal capacity refers to the ability to hold rights, while capacity for action concerns the ability to exercise those rights without external support.

Invalid Marriages

Marriages are void if contracted by minors without parental consent, involving incest, bigamy, simulation, or coercion.

Marital Property

Primary System: Autonomy in financial decisions but with joint liability for marital expenses.
Secondary System: Options for premarital agreements, such as community property or separation of assets.

Damage Types

Compensable damages include material (actual financial loss, lost profits, lost opportunities) and moral damages.

Risk Liability

This principle holds individuals liable for harm without having committed a fault, e.g., a driver hitting a pedestrian suddenly.

Legislative Process

Monocameral System: Legislation passed by a single chamber.
Bicameral System: Involves both chambers for federal legislation.

Examples of Rights and Property

Movable Property: Cars.
Immovable Property: Land and houses.

Legal Privileges

Mortgage: A security for creditors.
Privilege: A unique right not shared by others.
Prescription: The process through which a right is established over time.

Court Structure

Organized hierarchically with the Court of Cassation at the top, followed by the Court of Appeal and other courts, down to local courts.

Different Types of Courts

Policing Court: Addresses minor criminal offenses, such as traffic violations.
Peace Court: More accessible for citizens, dealing with small claims quickly and informally.

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Description

This quiz explores the foundational concepts of law, including the classification of crimes and offenses such as contraventions, misdemeanors, and felonies. It also examines humanitarian rights as outlined in the Universal Declaration of Human Rights and the European Convention on Human Rights, alongside labor law's role through Collective Labor Agreements.