Law and Society Overview
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What is one of the main functions of law in society?

  • To create competition among citizens
  • To reflect the whims of individuals
  • To serve as a historical document
  • To facilitate cooperation among members of society (correct)

What distinguishes legal rules from moral rules?

  • Legal rules have no impact on ethical behavior.
  • Legal rules are solely determined by public opinion.
  • Legal rules are based solely on customs.
  • Legal rules involve enforceable sanctions. (correct)

According to Dicey's concept of the rule of law, what must occur before a person can be punished?

  • They must have written a formal apology.
  • They must have had prior offenses recorded.
  • They must have committed an offense against public opinion.
  • They must have broken a law. (correct)

What aspect of law reflects its adaptability over time?

<p>It evolves in response to societal changes. (B)</p> Signup and view all the answers

Which of the following examples illustrates a legal rule?

<p>Do not commit theft (B)</p> Signup and view all the answers

Which principle describes the enforcement aspect of law as per the exclusive nature of legal rules?

<p>Compulsion and sanctions (C)</p> Signup and view all the answers

How is justice understood in relation to law, according to the presented material?

<p>Justice varies based on individual ethical principles. (B)</p> Signup and view all the answers

What is one essential feature of law highlighted in the content?

<p>Law requires general application in society. (C)</p> Signup and view all the answers

What is meant by 'legal capacity' in the context of the legal framework?

<p>The ability to have rights and obligations (B)</p> Signup and view all the answers

What characterizes prohibited conduct from a legal perspective?

<p>Actions that must not be performed (A)</p> Signup and view all the answers

Which of the following describes active conduct in legal terms?

<p>Providing assistance during an emergency (D)</p> Signup and view all the answers

What distinguishes negligence from intention in committing a crime?

<p>Negligence occurs when someone disregards consequences, while intention involves a desire for the outcome (C)</p> Signup and view all the answers

According to the legal norms, what can be said about legal capacity in Hungary?

<p>It applies equally regardless of age, sex, race, ethnic background, or religious affiliation (B)</p> Signup and view all the answers

What does constitutional monarchy imply regarding the role of the monarch in government?

<p>The monarch does not participate in day-to-day governance. (A)</p> Signup and view all the answers

What defines full legal capacity in Hungary?

<p>Individuals over 18 years old (D)</p> Signup and view all the answers

What are prerogative powers primarily based on?

<p>The historic exercise of power by the monarch. (A)</p> Signup and view all the answers

Which of the following illustrates a passive conduct in legal terms?

<p>Choosing not to intervene in a dispute (C)</p> Signup and view all the answers

What principle does collective responsibility in Cabinet government require of Ministers?

<p>Ministers must resign if they disagree with government policy. (C)</p> Signup and view all the answers

What is a key aspect of individual ministerial responsibility?

<p>Ministers are accountable for actions within their departments. (A)</p> Signup and view all the answers

What is the concept of 'reciprocity' in legal norms?

<p>A principle agreeing to exchange obligations or rights (B)</p> Signup and view all the answers

What role does law play in relation to social justice, according to the content?

<p>Law helps protect the weak against the powerful. (C)</p> Signup and view all the answers

What is a major theme regarding the role of law in the twenty-first century?

<p>Law plays a crucial role in protecting marginalized groups. (B)</p> Signup and view all the answers

What is stated about international law in the content?

<p>International law is a complex and debated subject. (D)</p> Signup and view all the answers

Which of the following is NOT mentioned as an aspect of law’s function?

<p>Promotion of international trade agreements. (B)</p> Signup and view all the answers

What is the main concern of public law?

<p>Distribution and exercise of power by the state (B)</p> Signup and view all the answers

Which of the following is an example of private law?

<p>Liability of employers for workplace injuries (D)</p> Signup and view all the answers

What does substantive law encompass?

<p>Rights and responsibilities under law (B)</p> Signup and view all the answers

Which process is typically associated with procedural law?

<p>Filing a writ in civil cases (B)</p> Signup and view all the answers

What is constitutional law concerned with?

<p>The structure and functions of government organs (A)</p> Signup and view all the answers

Which legal principle restricts referring to a defendant's bad character during trial?

<p>Right to a fair trial (B)</p> Signup and view all the answers

Which of the following best describes civil law within the context of public law?

<p>It governs the relationship between the state and individuals (B)</p> Signup and view all the answers

What is a key characteristic of the division between public and private law?

<p>They often overlap in practice (B)</p> Signup and view all the answers

What does Administrative Law primarily focus on?

<p>The rights and duties arising from government actions (C)</p> Signup and view all the answers

Which area of law determines how a person's property is distributed after death?

<p>Law of Succession (A)</p> Signup and view all the answers

Which of the following falls under the Law of Tort?

<p>Negligence and trespass (D)</p> Signup and view all the answers

What is the main concern of Health Law and Health Care Law?

<p>Overseeing public and private health affairs (D)</p> Signup and view all the answers

Which area of law is concerned with the rights and duties of family relationships?

<p>Family Law (C)</p> Signup and view all the answers

Which law primarily deals with the legal status and duties of company members?

<p>Company Law (D)</p> Signup and view all the answers

In which law would disputes involving a foreign element be addressed?

<p>Conflict of Laws (B)</p> Signup and view all the answers

What does Labour Law primarily regulate?

<p>Employment contracts and worker conditions (B)</p> Signup and view all the answers

Which legal systems are identified as the two most important families of law in the modern world?

<p>Romano-Germanic and Common law (D)</p> Signup and view all the answers

How do ideologies play a role in the style of legal systems?

<p>They shape the organization of social or economic life. (C)</p> Signup and view all the answers

Which of the following were previously considered a major family of law before the 1990s?

<p>Socialist law (A)</p> Signup and view all the answers

In what regions has the influence of European law extended?

<p>Whole of Europe and the Americas (A)</p> Signup and view all the answers

What legal sources contribute to the style of legal systems?

<p>Methods of interpreting and handling laws (D)</p> Signup and view all the answers

What characterizes the Socialist legal systems in historical context?

<p>They were treated as a distinct legal family until the 1990s. (B)</p> Signup and view all the answers

How have Islamic and Hindu laws been viewed in terms of legal ideology?

<p>They exemplify ideologies shaping legal systems. (A)</p> Signup and view all the answers

What is one of the significant outcomes of different styles of legal systems?

<p>Distinct methods of interpreting laws (B)</p> Signup and view all the answers

Flashcards

Constitutional Monarchy

A form of government where the monarch has no direct political power, and the Parliament holds the real power of decision-making and law-making.

Prerogative Powers

Powers of the monarch (or executive) based on historical tradition, not legislation.

Collective Responsibility

A government principle where ministers must support and agree with the government's policies or resign.

Individual Ministerial Responsibility

A principle where ministers are accountable for what happens in their departments.

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Social Order (Law's Role)

Law's purpose of protecting the vulnerable from the powerful.

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Economic Order

The responsibility of law to maintain a stable economy.

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International Order

The role of law in supporting an international system.

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Separation of Powers (Hint)

A core concept where government powers are divided among different entities.

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Law's Purpose

Law provides rules for measuring and regulating human conduct within a society, aiming for order and enforceable compliance.

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Types of Regulations

Laws categorize rules into moral, moral & legal, and legal rules, reflecting varying degrees of societal importance and enforcement.

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Rule of Law (Dicey)

The rule of law, according to Dicey, ensures no punishment without a law violation; equality under the law (for all citizens & officials); and rights derived from legal judgments rather than a written constitution.

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Law's Characteristics

Law is a collection of rules rooted in customs (and later legislation), guiding conduct; it changes over time; and corresponds to societal views/expectations.

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Legal vs. Moral Rules

Legal rules are enforced by the government, while moral rules exist as societal norms.

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Law's Enforcement

Law enforces its rules using sanctions (compulsion/force) for actions that violate them.

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Complexity of Law

The size of a community (group/state) correlates with the complexity and quantity of its rules and laws needed to maintain order.

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Justice and Law

Justice is a subjective concept, influenced by individuals' varying moral and ethical values, which may lead to differing understandings of justice.

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Legal Norm

A rule of conduct established by law, with sanctions for violations.

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Legal Capacity

The ability to have legal rights and responsibilities.

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Legal Conduct

Actions that are in accordance with legal norms and standards.

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Illegal Conduct

Actions that violate legal norms and are punishable.

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Full Legal Capacity

Legal ability to enter contracts and make decisions, usually 18+ years old.

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Limited Legal Capacity

Legal ability to engage in specific actions under legal guardianship, usually ages 14-17.

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Incompetent

Lacking the legal capacity to manage one's affairs due to age or other factors.Usually under 14 years old.

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Active Conduct

Taking an action, such as providing help in a situation.

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Public Law

Governs the state's power and relationships with individuals, like local authority duties or building regulations.

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Private Law

Deals with legal relationships between individuals, like employer-employee liability or property rights.

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Substantive Law

Specifies the rights and duties involved in legal issues (e.g., tort law, family law).

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Procedural Law

Rules on how to enforce rights or prosecute crimes (e.g., writ, summons, trial proceedings).

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Constitutional Law

Governs the structure of government and relationships between governmental branches.

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Civil Law

Deals with disputes between individuals or entities, concerning rights and obligations.

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Criminal Law

Deals with crimes against the state and determines punishment for lawbreaking.

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Tort Law

Deals with civil wrongs, such as negligence or harm caused by others.

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Administrative Law

Body of law dealing with rights and duties arising from how the government functions, impacting individuals.

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Law of Contract

Specifies legally binding agreements between individuals, outlining their consequences.

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Law of Tort

Covers civil wrongs (besides contract breaches) that lead to legal actions, like negligence or libel.

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Law of Property

Governs rights over land and other possessions.

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Law of Succession

Rules on how a person's property is divided after their death

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Family Law

Law regulating family relationships, encompassing marriage, divorce, children, and money issues.

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Company Law

Law governing businesses structured as companies, including formation, status, and member duties.

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Labour Law

Law covering worker employment, contracts, unions, and industrial relations.

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Legal Systems' Style

The characteristics of a legal system, influenced by its sources of law, interpretation methods, court procedures, and ideology.

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Law's Sources

The foundation of a legal system, including laws made by legislatures (statutes) and decisions made by courts (case law).

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Legal System's Ideology

The underlying beliefs and values that shape a legal system, often rooted in religion or political views, influencing how society is organized.

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Romano-Germanic Law

A major legal family based on Roman law, emphasizing codified law and a civil law system.

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Common Law System

A legal tradition focused on judge-made law, previous decisions (precedents) that create binding principles, and a strong emphasis on judicial interpretation.

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Socialist Law

Formerly a significant legal family, emphasizing state control over property and resources, with a focus on social and economic equality.

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Legal Families' Influence

Western legal systems like Romano-Germanic and Common law have widespread influence globally, shaping legal frameworks across continents.

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Study Notes

Law and Society

  • Law is a collection of rules, originally based on customs, evolving into codified legislation.
  • Law measures human conduct within a community, with more complex rules in larger communities.
  • Law distinguishes between moral rules (e.g., do not covet), moral and legal rules (e.g., do not commit murder), and legal rules (e.g., speed limits).
  • Law is a dynamic system, evolving with public opinion. It functions to maintain order and is enforced by sanctions.
  • Justice is a subjective concept with various ethical principles. Different people may view justice differently.

Definitions, Rules, and Standards

  • Law is a set of principles, rules, and standards of conduct, universally applicable within a specific society.
  • Developed by an authority that punishes those who violate these social rules.
  • Includes rules that society expects of its members, rules backed by government, general principles seen to persist in specific circumstances, the respect due to laws within society, and a body of academic study.

Functions of Law

  • Public order: Preserves acceptable social harmony and behaviour, defining acceptable behaviour and enforcing sanctions.
  • Political order: Maintains a nation's constitution and political framework, supported by conventions for nations without formal constitutions.
  • Social order: Impacts societal norms and relations, aiming for equality and fair treatment.
  • Economic order: Regulates economic activity and interactions.
  • International order: Establishes rules for international relations and cooperation, including things like maritime law and international crimes.

Moral Order

  • Law's role in maintaining moral standards is highly controversial. There is debate on the relationship between law and morality (e.g. killing being outlawed).
  • Determining common morality and applying it to law is complex and disputed

Micro Functions of Law

  • Defining acceptable behaviour.
  • Defining consequences for specific actions.
  • Determining societal processes like transactions or business dealings.
  • Creating frameworks for the rules, and regulations of a society.
  • Authorizing state actions.
  • Preventing abuses of power.
  • Defining processes or mechanisms for the use of law.

Sources of Law

  • Statute law: Laws enacted by authorities
  • Case law: Rules derived from judicial decisions
  • Delegated legislation: Rules created to implement statutory frameworks.
  • Legislation of European Communities (for member states)
  • Statutory instruments (Rules created by ministers)
  • By-laws (made by local authorities)

Divisions of Law

  • Criminal law: Deals with acts or omissions that violate and are considered socially harmful and punishable.
  • Civil law: Deals with private disputes between individuals or organizations, including contracts, torts, property rights.

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Description

Explore the fundamental concepts of law and its relationship with society in this quiz. Understand the distinctions between moral, legal, and ethical rules, and how justice is perceived differently across various contexts. This quiz delves into the evolution of laws and their enforcement in communities.

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