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Legal Systems Theory Quiz

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Questions and Answers

According to Kelsen's normative theory, what are considered legal rules?

Rules resulting from the sources of law disciplined by the State

What is located at the top of the legal system pyramid in Kelsen's theory?

The 'grundnorm', which is presupposed and inferred by the existence of lower rules

What fundamental need of all legal disciplines does Kelsen's theory express?

The need to separate the law from other sets of rules dependent on religion, ethics, or customs

What does a basic and practical approach to law, according to Kelsen, not need to go beyond?

Positivism perspective Signup and view all the answers

Apart from the state, where can legal rules originate from according to the text?

Other social groups (ex: sports laws) Signup and view all the answers

Why is the idea of the plurality of legal systems necessary according to the text?

To understand the impact of EU and international law Signup and view all the answers

What is the structure of a legal rule?

The structure of a legal rule is like a hypothetical sentence 'if A, then B', where A is the model-situation and B is the juridical effect attached to it. Signup and view all the answers

What is the second characteristic of legal rules?

The second characteristic of legal rules is that they are assisted by sanctions. Signup and view all the answers

What are the main sources of Italian law?

The main sources of Italian law are the constitution, ordinary laws, regulations of the board of ministers, and customs. Signup and view all the answers

What are the three main features of the Italian constitution?

The Italian constitution is written, long, and rigid. Signup and view all the answers

What distinguishes ordinary laws from law-decrees in Italy?

Ordinary laws are enacted by the parliament, while law-decrees are enacted by the government in cases of necessity and urgency. Signup and view all the answers

How can law-decrees become effective in Italy?

Law-decrees become effective only if they are converted into ordinary laws by the parliament within 60 days of publication. Signup and view all the answers