Podcast
Questions and Answers
Which characteristic distinguishes a legal rule from a principle of natural law?
Which characteristic distinguishes a legal rule from a principle of natural law?
- Application to an indefinite number of situations.
- Expression of a political decision for a community's interests. (correct)
- Application to an indefinite number of subjects.
- Requirement to respect requisites of form and procedure.
A company director makes a decision that benefits the company but unknowingly violates a recently enacted environmental regulation. Which element related to legal acts is most directly involved?
A company director makes a decision that benefits the company but unknowingly violates a recently enacted environmental regulation. Which element related to legal acts is most directly involved?
- The externalization of the behavior through action.
- The legal capacity of the director.
- The status of the company as a legal person.
- The psychological element of the behavior. (correct)
A new regulation is passed but it is not followed by the public, and the authorities do not enforce it. Which characteristic of a legal rule is primarily lacking?
A new regulation is passed but it is not followed by the public, and the authorities do not enforce it. Which characteristic of a legal rule is primarily lacking?
- Legitimacy
- Forcefulness (correct)
- Generality
- Abstraction
During a negotiation, a party subtly threatens to reveal damaging information about the other party unless they agree to certain terms. How would this subtle threat be classified under the context of legal facts and acts?
During a negotiation, a party subtly threatens to reveal damaging information about the other party unless they agree to certain terms. How would this subtle threat be classified under the context of legal facts and acts?
Which of the following scenarios does NOT describe a situation involving 'legal goods'?
Which of the following scenarios does NOT describe a situation involving 'legal goods'?
A law is enacted that prohibits 'excessive noise' in residential areas after 10 PM. Which characteristic of a legal rule is MOST challenged by the subjective interpretation of 'excessive'?
A law is enacted that prohibits 'excessive noise' in residential areas after 10 PM. Which characteristic of a legal rule is MOST challenged by the subjective interpretation of 'excessive'?
What is the key difference between 'legal personhood' and 'legal capacity'?
What is the key difference between 'legal personhood' and 'legal capacity'?
Which scenario exemplifies a 'legal fact' leading to a legal consequence?
Which scenario exemplifies a 'legal fact' leading to a legal consequence?
A group of citizens genuinely believe a law is unjust and openly defy it as a form of protest. According to the framework, which aspect of the legal rule are they challenging?
A group of citizens genuinely believe a law is unjust and openly defy it as a form of protest. According to the framework, which aspect of the legal rule are they challenging?
A legislative body passes a law that contradicts a provision in the country's constitution. Which characteristic of a legal rule is most directly violated?
A legislative body passes a law that contradicts a provision in the country's constitution. Which characteristic of a legal rule is most directly violated?
Flashcards
Law (Ius)
Law (Ius)
A system of regulations governing the conduct of legal persons.
Act (Lex)
Act (Lex)
A statute enacted by the legislative branch.
Right (Iura)
Right (Iura)
A power or privilege held by a legal person as a result of a legal rule.
Legal personhood
Legal personhood
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Legal capacity
Legal capacity
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Legal facts
Legal facts
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Legal acts
Legal acts
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Legal goods
Legal goods
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General (legal rule)
General (legal rule)
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Abstract (legal rule)
Abstract (legal rule)
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Study Notes
- Law (Ius) refers to any system of regulations governing the conduct of legal persons.
- Act (Lex) is a statute enacted by the legislative branch.
- Right (Iura) is a power or privilege held by a legal person as a result of a legal rule.
- Legal personhood is the attribute of having rights and duties, applying to natural persons from birth to death, and juristic persons from foundation to extinction.
- Legal capacity is the ability to legally act by exercising rights and assuming duties.
- Legal facts are natural events that have legal consequences.
- Legal acts are human behaviors (individual & collective) that have legal consequences, externalized by an action or omission.
- Legal goods are the objects of legal rights or duties.
Characteristics of a Legal Rule
- General: Applies to an indefinite number of subjects.
- Abstract: Applies to an indefinite number of situations.
- Formal: Respects form requisites, including "nomen iuris," and follows the procedure for adoption/transparency.
- "Positive": Expression of a political decision by specific bodies, satisfying community interests in a historical moment.
- Legitimate: Adopted by the competent authority and consistent with the limits set in its legal source.
- Forcible/Effective: Formal capacity to produce legal effects and practical capability to be legally enforced.
- Prescriptive: Prescribes human behavior, reconnecting consequences for failure.
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