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Questions and Answers

In the hierarchy of law, which has a special position as the basis of every law?

  • EU Law
  • International Law
  • Acts of Parliaments (Gesetze)
  • Constitution (Verfassung) (correct)

    • Which court has the final decision-making authority in the Austrian legal system?

  • Court of appeals
  • District court
  • Municipal court
  • Constitutional (supreme) court (correct)

    • What happens if national law is not in conformity with EU/international law?

  • It becomes invalid and inapplicable
  • It is immediately repealed
  • It is automatically amended to comply
  • It is 'ignored' but not invalidated (correct)

    • What is the role of international law in regulating relations between subjects of international law?

    <p>It consists of principles and rules</p> Signup and view all the answers

    Which legal tradition is mostly found in North America and Australia?

    <p>Common Law</p> Signup and view all the answers

    What type of law governs the affairs of communities and the acts of authorities?

    <p>Public Law</p> Signup and view all the answers

    Which legal system is influenced by Anglo-Saxon philosophy and German influences?

    <p>Common Law</p> Signup and view all the answers

    What does Civil Law system rely on for its legal framework?

    <p>Constitution</p> Signup and view all the answers

    Which country has a legal system influenced by Spain and the UK?

    <p>Philippines</p> Signup and view all the answers

    What is the purpose of delimitation in types of law?

    <p>Allocation of subject matters to respective code</p> Signup and view all the answers

    Which type of law regulates legal relations between individuals?

    <p>Private Law</p> Signup and view all the answers

    What does Common Law always write in, unlike other legal systems?

    <p>Historic view without any breaks</p> Signup and view all the answers

    What does Public Law deal with?

    <p>Relation between state and citizens</p> Signup and view all the answers

    What does General Civil Law cover?

    <p>Contracts, torts, property, family, and succession</p> Signup and view all the answers

    What do Common Law systems rely on to fill gaps in the law?

    <p>Precedents</p> Signup and view all the answers

    Which legal system has elements of Confucianism in its mixed legal system?

    <p>Chinese legal system</p> Signup and view all the answers

    What does private law primarily benefit?

    <p>Legal subjects</p> Signup and view all the answers

    What does the theory of subordination fail to adequately distinguish between?

    <p>Public and private law</p> Signup and view all the answers

    What does Private International Law (Conflict of laws) determine in cross-border situations?

    <p>Applicable laws</p> Signup and view all the answers

    What does substantive law dictate?

    <p>Creation of rights or obligations</p> Signup and view all the answers

    What does mandatory law include?

    <p>Rules for the protection of public interests or weaker parties</p> Signup and view all the answers

    What does procedural law encompass?

    <p>Decision-making in judicial and non-judicial proceedings</p> Signup and view all the answers

    What does supplementary law consist of?

    <p>Statutory rules that can be deviated from</p> Signup and view all the answers

    What does the determination by subject acting theory examine?

    <p>Whether a legal norm entitles or obliges the sovereign</p> Signup and view all the answers

    What does public policy set limits on?

    <p>The application of foreign laws</p> Signup and view all the answers

    What do the Hague Convention on Choice of Court Agreements bind courts to accept?

    <p>Jurisdiction if their courts are selected</p> Signup and view all the answers

    What does legal dogmatics refer to?

    <p>The correct application of existing legal rules to the facts of a case</p> Signup and view all the answers

    Which legal theory posits that international and national law form one legal order?

    <p>Monism</p> Signup and view all the answers

    In what cases does a state's consent to a treaty violate its internal law?

    <p>When the treaty is in violation of its internal law</p> Signup and view all the answers

    Which legal order advocates for the separate nature of international and national law?

    <p>Dualism</p> Signup and view all the answers

    In case of conflict, which prevails over national law within the EU?

    <p>EU law</p> Signup and view all the answers

    What principles limit the scope and content of EU law?

    <p>Conferral, subsidiarity, and proportionality</p> Signup and view all the answers

    What is the unique legal status of EU law according to the CJEU?

    <p>It is a separate legal order within the international legal system</p> Signup and view all the answers

    What can lead to the disapplication of EU law by national courts?

    <p>Violation of fundamental rights or the principle of conferral by the EU</p> Signup and view all the answers

    What is the main principle that limits the transfer of powers to the EU?

    <p>Principle of conferral</p> Signup and view all the answers

    What is the legal theory that considers international and national law as separate legal orders?

    <p>Dualism</p> Signup and view all the answers

    Which legal theory advocates for the supremacy of international law over national law?

    <p>Monism</p> Signup and view all the answers

    What is the status of EU law in relation to international law?

    <p>EU law is bound by international law and contributes to its observance and development</p> Signup and view all the answers

    What was the first systematic set of laws adopted in the Roman Empire in 400 BC?

    <p>The Twelve Table Law</p> Signup and view all the answers

    According to the positivist perspective, from where does the normative power of a constitution derive?

    <p>A basic norm</p> Signup and view all the answers

    Who established the General Theory of Law and Statutes, providing a pure theory of law?

    <p>Hans Kelsen</p> Signup and view all the answers

    What is the famous international treaty often referred to as the constitution of public international law?

    <p>The Vienna Convention on the Law of Treaties</p> Signup and view all the answers

    What are sources of EU law?

    <p>Primary law (treaties), secondary law (regulations and directives), decisions by EU authorities, and soft law by EU authorities</p> Signup and view all the answers

    According to the text, are private contracts considered as law?

    <p>No, but they can change a legal situation within permitted boundaries</p> Signup and view all the answers

    What is the formal existence of law according to the text?

    <p>When a statute is adopted through the correct procedure, often laid down in the constitution</p> Signup and view all the answers

    Which type of EU law gradually tends to be more adopted?

    <p>Regulations</p> Signup and view all the answers

    What are sources of international law according to the text?

    <p>International treaties, statutes, custom, and precedents</p> Signup and view all the answers

    What are considered as further legal disciplines according to the text?

    <p>Legal informatics, legal linguistics, law and anthropology, law and literature</p> Signup and view all the answers

    What is the term used to describe the formal adoption of a statute in a correct procedure according to the text?

    <p>Formal existence of law</p> Signup and view all the answers

    What is the term used to describe the power derived from a basic norm according to the positivist perspective?

    <p>Normative power of a constitution</p> Signup and view all the answers

    Which of the following best describes a Delegated Act in the EU legislative framework?

    <p>An act of general application to supplement or amend certain non-essential elements of a legislative act, authorized by the EP and Council, adopted by the Commission, and published in the Official Journal.</p> Signup and view all the answers

    What distinguishes Decrees (Verordnungen) adopted at the national level by the executive branch from EU Regulations?

    <p>Decrees are functionally legislation, applying to a number of situations that still need to be specified, while EU Regulations have a direct effect similar to law.</p> Signup and view all the answers

    What is the key factor that distinguishes Administrative Acts (Bescheid) from legislative acts in the Austrian legal system?

    <p>Administrative acts require specific competence, procedure, and form, while legislative acts are adopted by the executive branch and have a general application.</p> Signup and view all the answers

    What is the specific provision in the TFEU that allows for the creation of Delegated Acts in the EU legislative framework?

    <p>Article 290</p> Signup and view all the answers

    What is the main focus of H.L.A. Hart's distinction between primary and secondary rules in the legal system?

    <p>Establishing the foundation of legal obligations and the authority to create and enforce laws</p> Signup and view all the answers

    In public international law, what is the concept of the basic norm primarily related to?

    <p>The legitimacy and validity of legal systems</p> Signup and view all the answers

    What is the key difference between positive law and the rule of morality?

    <p>Positive law is based on enacted rules, while the rule of morality is based on ethical principles</p> Signup and view all the answers

    Which of the following best exemplifies a principle in law?

    <p>Presumption of innocence in criminal trials</p> Signup and view all the answers

    In interpreting and discovering the law, what is the role of legal doctrine?

    <p>Providing a framework for analyzing legal principles</p> Signup and view all the answers

    What is the significance of dominant and minority opinions in academic disputes?

    <p>They contribute to the development of legal principles and doctrines</p> Signup and view all the answers

    What is the role of authority and rationality in legal argumentation?

    <p>To ensure the uniform application of legal principles</p> Signup and view all the answers

    What is the concept of subsumption primarily associated with in law?

    <p>Applying general legal principles to specific cases</p> Signup and view all the answers

    What does the interpretation of legal provisions involve?

    <p>Uncovering the underlying legislative intent</p> Signup and view all the answers

    In the context of interpreting contractual provisions, what does the concept of negative conditions refer to?

    <p>Stipulations that restrict the rights of one party</p> Signup and view all the answers

    What is the primary purpose of interpretation in law?

    <p>To ensure consistency and predictability in legal decisions</p> Signup and view all the answers

    How do the rules for interpreting public acts differ from those for private legal declarations?

    <p>Public acts are subject to stricter interpretation standards</p> Signup and view all the answers

    Which method of legal interpretation can limit the scope of a legal norm when the wording overshoots the original legislative intent?

    <p>Teleological interpretation</p> Signup and view all the answers

    Which principle dictates that the same facts must be treated the same, and different facts must be treated differently with a rational reason?

    <p>Principle of equality</p> Signup and view all the answers

    Which legal system has a monopoly on authoritative interpretation, and national courts should interpret in line with its directives to avoid conflicts between its law and national law?

    <p>EU Law system</p> Signup and view all the answers

    Which type of legal interpretation emphasizes contextual element?

    <p>Systematic interpretation</p> Signup and view all the answers

    Which court clarifies questions about EU law through preliminary rulings but does not decide individual cases?

    <p>Court of Justice of the European Union (CJEU)</p> Signup and view all the answers

    Which approach is beneficial, especially for conflict-of-laws rules and when implementing foreign regulations?

    <p>Comparative approach across borders</p> Signup and view all the answers

    In the hierarchy of legal interpretation methods, how do the methods work together?

    <p>Without a hierarchy</p> Signup and view all the answers

    Which method of legal interpretation focuses on the purpose or objective of the law?

    <p>Teleological interpretation</p> Signup and view all the answers

    What allows for judicial development of the law based on diligently gathered facts and natural legal principles?

    <p>Law beyond the code</p> Signup and view all the answers

    Which court uses the Hegelian dialectic method for interpretation and maintains flexibility in the interpretation process?

    <p>Court of Justice of the European Union (CJEU)</p> Signup and view all the answers

    Which type of legal interpretation focuses on wording and grammar, which is the starting point of interpretation?

    <p>Textual interpretation</p> Signup and view all the answers

    What is the term used to describe the consideration of similar matters and the purpose of related laws when a matter remains ambiguous?

    <p>Comparative analysis</p> Signup and view all the answers

    In which legal system do lower courts follow higher courts to avoid vacating judgments and for efficiency?

    <p>Civil law</p> Signup and view all the answers

    Which legal concept is recognized as one of the main sources of law in international public law?

    <p>Custom</p> Signup and view all the answers

    What is the term for rules of customary international law that cannot be altered even by treaty?

    <p>Ius cogens</p> Signup and view all the answers

    In which legal system does common law create law through precedent?

    <p>Common law</p> Signup and view all the answers

    Which legal tradition considers civil law cases as not sources of law but helpful in ascertaining it?

    <p>Civil law</p> Signup and view all the answers

    Which legal system is heavily influenced by case law, with Member States bound by decisions of the CJEU?

    <p>EU law</p> Signup and view all the answers

    What is an example of soft law according to the text?

    <p>Guidelines and recommendations</p> Signup and view all the answers

    What is an example of soft law resolutions according to the text?

    <p>UN General Assembly resolutions</p> Signup and view all the answers

    In which case is a persistent objector being ignored?

    <p>Ius cogens violation</p> Signup and view all the answers

    What is the term used to describe the conditions for legal compliance and rank of customary law in the UK and Austria according to the text?

    <p>Customary law</p> Signup and view all the answers

    Which legal system considers court decisions as a source of law, with binding effects on states as subjects of international law?

    <p>International law</p> Signup and view all the answers

    What type of law can influence the law and create a binding effect on administration through the principle of equal treatment?

    <p>Soft law</p> Signup and view all the answers

    What does systematic interpretation in law emphasize?

    <p>Avoiding contradictions within the legal system</p> Signup and view all the answers

    What does the principle of ejusdem generis aim to interpret?

    <p>Specific legal terms within a provision</p> Signup and view all the answers

    What does historical interpretation in law consider?

    <p>The state of affairs at the time of the given law</p> Signup and view all the answers

    What does the concept of lex posterior and lex specialis determine in law?

    <p>Which law prevails based on individual cases</p> Signup and view all the answers

    What does the inclusive nature of the word 'or' in legal contexts demonstrate?

    <p>The complexities of language interpretation in law</p> Signup and view all the answers

    What is the primary focus of textual interpretation in law?

    <p>The wording and grammar of the law</p> Signup and view all the answers

    What is the classic method of interpretation that aims to determine the presumed intent of the legislator based on the purpose and objectives of the norm?

    <p>Teleological interpretation</p> Signup and view all the answers

    Which method of interpretation in law emphasizes the contextual element and aims to avoid contradictions within the legal system and its acts?

    <p>Systematic interpretation</p> Signup and view all the answers

    What does the principle of lex posterior and lex specialis determine in law?

    <p>Which law prevails based on individual cases</p> Signup and view all the answers

    What is the role of the principle of ejusdem generis in legal interpretation?

    <p>To interpret specific legal terms within a provision</p> Signup and view all the answers

    What does the interpretation of phrases such as 'walking pace' in the Austrian Road Traffic Code demonstrate?

    <p>The presumed intent of the legislator</p> Signup and view all the answers

    What is the primary focus of the Swiss civil code in terms of legal questions?

    <p>Stressing that the law applies to all legal questions for which it contains a provision</p> Signup and view all the answers

    What distinguishes Decrees (Verordnungen) adopted at the national level by the executive branch from EU Regulations?

    <p>Decrees are administrative acts adopted at the national level, while EU Regulations are legislative acts of general application in the EU.</p> Signup and view all the answers

    What is the primary distinction between Delegated Acts by the Commission and Administrative acts (Bescheid) in the EU legislative framework?

    <p>Delegated Acts by the Commission supplement or amend non-essential elements of legislative acts, while Administrative acts are specific acts adopted by the executive branch.</p> Signup and view all the answers

    In the context of the Austrian legal system, what distinguishes Decrees (Verordnungen) from Administrative acts (Bescheid)?

    <p>Administrative acts apply to specific individual cases, while Decrees apply to a number of situations.</p> Signup and view all the answers

    What is the key difference between Delegated Acts by the Commission and Decrees (Verordnungen) adopted at the national level in the EU legislative framework?

    <p>Delegated Acts by the Commission supplement or amend non-essential elements of legislative acts, while Decrees are administrative acts.</p> Signup and view all the answers

    What is the significance of H.L.A. Hart's distinction between primary and secondary rules in the legal system?

    <p>It emphasizes the hierarchical nature of legal rules, where primary rules create obligations and secondary rules provide the framework for creating, modifying, and extinguishing primary rules.</p> Signup and view all the answers

    What is the concept of the basic norm in public international law and its relation to constitutional law?

    <p>It highlights the role of constitutional supremacy in international law.</p> Signup and view all the answers

    What is the differentiation between positive law and the rule of morality?

    <p>Positive law refers to laws enacted by a legitimate authority, while the rule of morality encompasses ethical principles that may not be codified into law.</p> Signup and view all the answers

    What is the role of legal doctrine in interpreting and discovering the law, its relevance in civil law and common law systems?

    <p>Legal doctrine assists in the interpretation and development of the law and is relevant in both civil law and common law systems.</p> Signup and view all the answers

    What is the process of interpreting and applying law to individual cases, including the concept of subsumption?

    <p>It involves the application of general legal principles to specific cases, with subsumption referring to the categorization of cases based on their similarities.</p> Signup and view all the answers

    What is the significance of interpreting contractual provisions, including the concept of negative conditions?

    <p>Interpreting contractual provisions aims to uphold the sanctity of contracts, with negative conditions emphasizing the limitations on contractual rights.</p> Signup and view all the answers

    What is the purpose of interpretation in law and the avoidance of arbitrariness?

    <p>The purpose of interpretation in law is to ensure the consistent application of legal principles, with the avoidance of arbitrariness safeguarding individual liberties.</p> Signup and view all the answers

    What does the role of authority and rationality in legal argumentation emphasize?

    <p>It emphasizes the need for legal arguments to be based on established legal principles, with rationality highlighting the logical coherence of legal reasoning.</p> Signup and view all the answers

    In which legal system do lower courts follow higher courts to avoid vacating judgments and for efficiency?

    <p>Civil law system</p> Signup and view all the answers

    Which legal concept is recognized as a source of law in many legal systems and plays a particular role in international law?

    <p>Custom</p> Signup and view all the answers

    What does soft law, like guidelines and recommendations, influence and create a binding effect on through the principle of equal treatment?

    <p>Administrative acts</p> Signup and view all the answers

    According to the text, what does international law consider court decisions as, with binding effects on states as subjects of international law?

    <p>Sources of law</p> Signup and view all the answers

    Which legal system heavily influences EU law, with Member States bound by decisions of the Court of Justice of the European Union (CJEU)?

    <p>EU law system</p> Signup and view all the answers

    What is an example of soft law resolutions according to the text?

    <p>UN General Assembly resolutions</p> Signup and view all the answers

    What does lower courts in civil law follow higher courts to avoid?

    <p>Vacating judgments</p> Signup and view all the answers

    In which legal system do common law cases create law through precedent?

    <p>Common law system</p> Signup and view all the answers

    What considers court decisions as a source of law, with binding effects on states as subjects of international law?

    <p>International law system</p> Signup and view all the answers

    What heavily influences EU law, with Member States bound by decisions of the Court of Justice of the European Union (CJEU)?

    <p>EU law system</p> Signup and view all the answers

    Which legal system is not a source of law but helps ascertain it according to the text?

    <p>Civil law system</p> Signup and view all the answers

    What is recognized as a source of law in many legal systems and plays a particular role in international law?

    <p>Custom</p> Signup and view all the answers

    What is the emphasis of the Legal Foundation § 6 ABGB in interpreting laws?

    <p>The genuine meaning of words and the clear intention of the legislator</p> Signup and view all the answers

    What does the French law, specifically Art. 4 and Art. 5 of the Code Civil, highlight?

    <p>Limitations on the authority of judges</p> Signup and view all the answers

    What does the Swiss civil code stress about the application of law?

    <p>The law applies to all legal questions</p> Signup and view all the answers

    What are the classic 4 methods of interpretation in law?

    <p>Textual, systematic, historical, and teleological</p> Signup and view all the answers

    What does textual interpretation in law focus on?

    <p>The wording and grammar of the law</p> Signup and view all the answers

    What does systematic interpretation in law emphasize?

    <p>The contextual element and avoidance of contradictions within the legal system</p> Signup and view all the answers

    What principle is used to interpret specific legal terms within a provision?

    <p>Ejusdem generis</p> Signup and view all the answers

    What determines which law prevails based on individual cases?

    <p>Lex posterior and lex specialis</p> Signup and view all the answers

    What does historical interpretation in law consider?

    <p>The state of affairs at the time of the given law</p> Signup and view all the answers

    What does teleological interpretation in law seek?

    <p>The presumed intent of the legislator based on the purpose and objectives of the norm</p> Signup and view all the answers

    What does the interpretation of phrases such as 'walking pace' in the Austrian Road Traffic Code demonstrate?

    <p>The application of teleological interpretation</p> Signup and view all the answers

    What does the inclusive nature of the word 'or' in legal contexts highlight?

    <p>The complexities of language interpretation in law</p> Signup and view all the answers

    Which principle dictates that the same facts must be treated the same, and different facts must be treated differently with a rational reason?

    <p>Principle of equality</p> Signup and view all the answers

    In the context of legal interpretation, what is teleological reduction used for?

    <p>Limiting the scope of a legal norm</p> Signup and view all the answers

    What does the CJEU use for interpretation, as stated in the text?

    <p>The Hegelian dialectic method</p> Signup and view all the answers

    Which method is used to interpret legal norms and involves analogy and special methods like argumentum a maiore ad minus and argumentum a minori ad maius?

    <p>Teleological interpretation</p> Signup and view all the answers

    What is the role of the CJEU in clarifying questions about EU law?

    <p>Issuing preliminary rulings</p> Signup and view all the answers

    Which approach is considered beneficial for conflict-of-laws rules and when implementing foreign regulations?

    <p>Comparative approach</p> Signup and view all the answers

    What does the law provide for the consideration of when a matter remains ambiguous?

    <p>Similar matters and related laws</p> Signup and view all the answers

    Which legal system has a monopoly on authoritative interpretation?

    <p>Civil Law system</p> Signup and view all the answers

    What does law beyond the code allow for?

    <p>Judicial development of the law</p> Signup and view all the answers

    According to the text, what is the practical order of legal interpretation methods?

    <p>Textual, historical, systematic, teleological</p> Signup and view all the answers

    What is the term used to describe the conditions for legal compliance and rank of customary law in international law?

    <p>Principle of effectiveness</p> Signup and view all the answers

    What is the term used to describe the power derived from a basic norm according to the positivist perspective?

    <p>Normative power</p> Signup and view all the answers

    In which legal system do lower courts follow higher courts to avoid vacating judgments and for efficiency?

    <p>Civil law</p> Signup and view all the answers

    Which legal system is heavily influenced by case law, with Member States bound by decisions of the CJEU?

    <p>EU law</p> Signup and view all the answers

    What is a recognized source of law in many legal systems and plays a particular role in international law?

    <p>Custom</p> Signup and view all the answers

    Which type of law can influence the law and create a binding effect on administration through the principle of equal treatment?

    <p>Soft law</p> Signup and view all the answers

    What is the term for rules of customary international law that cannot be altered even by treaty?

    <p>Ius cogens</p> Signup and view all the answers

    What is an example of soft law resolutions according to the text?

    <p>UN General Assembly resolutions</p> Signup and view all the answers

    What is the term used to describe the conditions for legal compliance and rank of customary law in the UK and Austria according to the text?

    <p>Persistent objector</p> Signup and view all the answers

    Which legal tradition considers civil law cases as not sources of law but helpful in ascertaining it?

    <p>Civil law</p> Signup and view all the answers

    What is the status of EU law in relation to international law?

    <p>EU law is heavily influenced by international law</p> Signup and view all the answers

    What is the role of soft law in influencing the law?

    <p>Providing guidelines and recommendations</p> Signup and view all the answers

    What is the primary role of administrative acts in the legal system?

    <p>Ensuring compliance with specific procedures</p> Signup and view all the answers

    What is the primary focus of common law cases in creating law?

    <p>Creating law through precedent</p> Signup and view all the answers

    Which method of legal interpretation can limit the scope of a legal norm when the wording overshoots the original legislative intent?

    <p>Teleological interpretation</p> Signup and view all the answers

    In the EU legislative framework, what is the specific provision that allows for the creation of Delegated Acts?

    <p>Article 288 TFEU</p> Signup and view all the answers

    Which legal system is heavily influenced by case law, with Member States bound by decisions of the CJEU?

    <p>Common law system</p> Signup and view all the answers

    What principle dictates that the same facts must be treated the same, and different facts must be treated differently with a rational reason?

    <p>Principle of equality</p> Signup and view all the answers

    What is the term used to describe the conditions for legal compliance and rank of customary law in the UK and Austria?

    <p>Peremptory norms</p> Signup and view all the answers

    What does the CJEU use for interpretation, and what does it provide in the process?

    <p>Hegelian dialectic method, providing flexibility</p> Signup and view all the answers

    What principle aims to interpret similar matters and the purpose of related laws when a matter remains ambiguous?

    <p>Principle of harmonization</p> Signup and view all the answers

    What is the primary focus of textual interpretation in law?

    <p>Wordings and phrases</p> Signup and view all the answers

    What is the term for rules of customary international law that cannot be altered even by treaty?

    <p>Jus cogens</p> Signup and view all the answers

    Which legal system has a monopoly on authoritative interpretation, and what should national courts do in line with its directives?

    <p>EU law, interpret in line with directives</p> Signup and view all the answers

    What does law beyond the code allow for?

    <p>Judicial development of the law based on diligently gathered facts</p> Signup and view all the answers

    Which approach is beneficial for conflict-of-laws rules and when implementing foreign regulations?

    <p>Comparative approach across borders</p> Signup and view all the answers

    What is the main emphasis of the Legal Foundation § 6 ABGB in interpreting laws?

    <p>The literal meaning of words and the clear intention of the legislator</p> Signup and view all the answers

    Which method of interpretation in law aims to avoid contradictions within the legal system and its acts?

    <p>Systematic interpretation</p> Signup and view all the answers

    What principle is used to interpret specific legal terms within a provision?

    <p>Principle of ejusdem generis</p> Signup and view all the answers

    What does the concept of lex posterior and lex specialis determine in law?

    <p>Which law prevails based on individual cases</p> Signup and view all the answers

    What does historical interpretation in law consider?

    <p>The state of affairs at the time of the given law</p> Signup and view all the answers

    What is the primary focus of textual interpretation in law?

    <p>The wording and grammar of the law</p> Signup and view all the answers

    What does the inclusive nature of the word 'or' in legal contexts demonstrate?

    <p>The complexities of language interpretation in law</p> Signup and view all the answers

    What does teleological interpretation in law seek?

    <p>The presumed intent of the legislator based on the purpose and objectives of the norm</p> Signup and view all the answers

    What method of interpretation in law emphasizes the contextual element and aims to avoid contradictions within the legal system and its acts?

    <p>Systematic interpretation</p> Signup and view all the answers

    What principle is used to interpret similar legal terms within a provision?

    <p>Principle of ejusdem generis</p> Signup and view all the answers

    What is the main emphasis of the Swiss civil code in applying the law to legal questions?

    <p>According to its wording or interpretation</p> Signup and view all the answers

    What is the primary focus of the concept of lex posterior and lex specialis in law?

    <p>Determine which law prevails based on individual cases</p> Signup and view all the answers

    Study Notes

    Overview of Legal Disciplines and Sources

    • Legal disciplines include legal history, political jurisprudence, legal philosophy, legal theory, sociology of law, law and economics, and comparative law, among others.
    • Legal informatics, legal linguistics, legal didactics, law and anthropology, law and literature, and law and movies are further legal disciplines.
    • The twelve table law, adopted in the Roman Empire in 400 BC, was the first systematic set of laws, revolutionizing access to legal information.
    • Sources of international law include international treaties, statutes, custom, and precedents, while court decisions and doctrine inform about law.
    • Private contracts are not law but can change a legal situation within permitted boundaries.
    • The formal existence of law is when a statute is adopted through the correct procedure, often laid down in the constitution.
    • The normative power of a constitution derives from a basic norm, according to the positivist perspective.
    • Hans Kelsen, a University of Vienna professor, established the General Theory of Law and Statutes, providing a pure theory of law.
    • The Vienna Convention on the Law of Treaties is a famous international treaty, often referred to as the constitution of public international law.
    • Sources of EU law include primary law (treaties), secondary law (regulations and directives), decisions by EU authorities, and soft law by EU authorities.
    • EU regulations are binding in their entirety and have direct effect, while directives are binding with respect to the result to be achieved and require transposition by Member States.
    • There is a clear tendency within the years for more EU regulations to be adopted than directives.

    Overview of Law and Court Decisions

    • Administrative acts require compliance with a specific procedure before adoption, even if urgency allows for immediate action without an interview.
    • Administrative acts can be challenged in court, and lower court judgments can effectively change the law.
    • Common law cases create law through precedent, while civil law cases are not sources of law but help ascertain it.
    • Lower courts in civil law follow higher courts to avoid vacating judgments and for efficiency.
    • EU law is heavily influenced by case law, with Member States bound by decisions of the Court of Justice of the European Union (CJEU).
    • International law considers court decisions a source of law, with binding effects on states as subjects of international law.
    • Soft law, like guidelines and recommendations, can influence the law and create a binding effect on administration through the principle of equal treatment.
    • Soft law resolutions of the UN General Assembly, standards by ILO, ISO norms, and regulatory standards by EBA are examples of soft law.
    • Custom is recognized as a source of law in many legal systems and plays a particular role in international law.
    • Some rules of customary international law can be changed by treaty law, but not by ius cogens, which cannot be altered even by treaty.
    • Custom tends to be uncertain, static, and inefficient, with a persistent objector being ignored.
    • Customary law in the UK and Austria, and its conditions for legal compliance and rank, are explained.

    Interpretation Methods in Law

    • Legal Foundation § 6 ABGB emphasizes the importance of interpreting laws based on the genuine meaning of words and the clear intention of the legislator.
    • French law, specifically Art. 4 and Art. 5 of the Code Civil, highlights the consequences for judges who refuse to give judgment and the limitations on their authority in deciding cases.
    • Swiss civil code stresses that the law applies to all legal questions for which it contains a provision according to its wording or interpretation.
    • The classic 4 methods of interpretation in law are textual, systematic, historical, and teleological.
    • Textual interpretation focuses on the wording and grammar of the law, using expert publications and common understanding to determine the meaning of words.
    • Systematic interpretation emphasizes the contextual element and aims to avoid contradictions within the legal system and its acts.
    • The principle of ejusdem generis is used to interpret specific legal terms within a provision.
    • The concept of lex posterior and lex specialis determines which law prevails based on individual cases.
    • Historical interpretation considers the state of affairs at the time of the given law, including the legislative draft, reasons, and comments.
    • Teleological interpretation, also known as purposive interpretation, seeks the presumed intent of the legislator based on the purpose and objectives of the norm.
    • The interpretation of phrases such as "walking pace" in the Austrian Road Traffic Code demonstrates the application of teleological interpretation.
    • The inclusive nature of the word "or" in legal contexts, such as "milk or sugar in coffee," highlights the complexities of language interpretation in law.

    Legal Theory and Practice: Key Concepts and Principles

    • H.L.A. Hart's distinction between primary and secondary rules in the legal system, building on Kelsen's work
    • The concept of the basic norm in public international law and its relation to constitutional law
    • Differentiation between positive law and the rule of morality
    • Distinction between rules and principles in law, with examples of each
    • The role of legal doctrine in interpreting and discovering the law, its relevance in civil law and common law systems
    • The importance of academic disputes and the value of dominant and minority opinions
    • The role of authority and rationality in legal argumentation
    • The process of interpreting and applying law to individual cases, including the concept of subsumption
    • The interpretation of legal provisions and the reconstruction of legislative intent
    • The significance of interpreting contractual provisions, including the concept of negative conditions
    • The purpose of interpretation in law and the avoidance of arbitrariness
    • Differing rules for the interpretation of public acts (e.g., laws) and private legal declarations (e.g., contracts)

    Methods of Legal Interpretation in International Law

    • The practical order of legal interpretation methods includes textual, historical, systematic, and teleological interpretation.
    • Principles of equality dictate that the same facts must be treated the same, and different facts must be treated differently with a rational reason.
    • Terms of international law must be understood independently of national law for international harmonization, and hierarchically inferior legislation must not influence superior law.
    • EU law has a monopoly on authoritative interpretation, and national courts should interpret in line with EU directives to avoid conflicts between EU and national law.
    • A comparative approach across borders is beneficial, especially for conflict-of-laws rules and when implementing foreign regulations.
    • There is no hierarchy among legal interpretation methods, but they work together like pieces of a puzzle.
    • The CJEU clarifies questions about EU law through preliminary rulings but does not decide individual cases.
    • Law beyond the code allows for judicial development of the law based on diligently gathered facts and natural legal principles.
    • Analogy and special methods, such as argumentum a maiore ad minus and argumentum a minori ad maius, are used to interpret legal norms.
    • Teleological reduction can limit the scope of a legal norm when the wording overshoots the original legislative intent.
    • The CJEU uses the Hegelian dialectic method for interpretation, and there is flexibility in the interpretation process.
    • The law provides for the consideration of similar matters and the purpose of related laws when a matter remains ambiguous.

    Interpretation Methods in Law

    • Legal Foundation § 6 ABGB emphasizes the importance of interpreting laws based on the genuine meaning of words and the clear intention of the legislator.
    • French law, specifically Art. 4 and Art. 5 of the Code Civil, highlights the consequences for judges who refuse to give judgment and the limitations on their authority in deciding cases.
    • Swiss civil code stresses that the law applies to all legal questions for which it contains a provision according to its wording or interpretation.
    • The classic 4 methods of interpretation in law are textual, systematic, historical, and teleological.
    • Textual interpretation focuses on the wording and grammar of the law, using expert publications and common understanding to determine the meaning of words.
    • Systematic interpretation emphasizes the contextual element and aims to avoid contradictions within the legal system and its acts.
    • The principle of ejusdem generis is used to interpret specific legal terms within a provision.
    • The concept of lex posterior and lex specialis determines which law prevails based on individual cases.
    • Historical interpretation considers the state of affairs at the time of the given law, including the legislative draft, reasons, and comments.
    • Teleological interpretation, also known as purposive interpretation, seeks the presumed intent of the legislator based on the purpose and objectives of the norm.
    • The interpretation of phrases such as "walking pace" in the Austrian Road Traffic Code demonstrates the application of teleological interpretation.
    • The inclusive nature of the word "or" in legal contexts, such as "milk or sugar in coffee," highlights the complexities of language interpretation in law.

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    Test your knowledge of legal disciplines and sources with this quiz. Explore topics such as legal history, political jurisprudence, international law sources, the Vienna Convention, EU law, and more. Challenge yourself with questions on legal theory, statutes, and the evolution of legal systems.

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