Sources and Systems of Law
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Questions and Answers

What term is used to describe laws created by recognized rule makers?

  • Legislation
  • Institutional rules (correct)
  • Precedent laws
  • Customary laws

    • Which of the following is NOT considered a source of origin of law?

  • Treaties
  • Public opinion (correct)
  • Legislation
  • Judicial decisions

    • What is the relationship between legislation and the validity of laws?

  • Legislation serves as both a source of origin and a validity source (correct)
  • Legislation is irrelevant to legal validity
  • Legislation can invalidate existing laws
  • Legislation is always an invalid source of law

    • Which group holds the power to create new laws according to the content?

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

    Which of the following statements about institutional rules is true?

    <p>Institutional rules can exist even if not everyone abides by them (A)</p> Signup and view all the answers

    The 'sources thesis' stipulates that legal rules must originate from what?

    <p>A source of law (C)</p> Signup and view all the answers

    Legislation is often referred to using various terms. Which of these is NOT one of them?

    <p>Conventional rule (D)</p> Signup and view all the answers

    Which components are necessary for laws to be applied effectively?

    <p>Persons, territory, and subject matter (D)</p> Signup and view all the answers

    What is one of the primary functions of labour law?

    <p>Protection of workers' rights (A)</p> Signup and view all the answers

    Which type of employment contract is designed for new employees to assess their suitability for the role?

    <p>Probation employment contract (C)</p> Signup and view all the answers

    How many consecutive working hours must an employee work to receive a mandatory break?

    <p>6 hours (A)</p> Signup and view all the answers

    A definite employment contract can be used to hire the same employee for a maximum of how many months?

    <p>33 months (B)</p> Signup and view all the answers

    Under which condition can an employment contract be terminated without notice?

    <p>Severe violation of obligations (C)</p> Signup and view all the answers

    What percentage of salary is paid for sickness leave if an employee is sick while pregnant?

    <p>100% (B)</p> Signup and view all the answers

    What is the minimum annual paid holiday leave for employees, dependent on work seniority?

    <p>20-26 days (C)</p> Signup and view all the answers

    Which employment contract is characterized as having no specific end date?

    <p>Indefinite contract (D)</p> Signup and view all the answers

    What is required for both parties to form a legally binding contract?

    <p>Intention to be legally bonded (C)</p> Signup and view all the answers

    When does the acceptance of an offer lead to a binding contract?

    <p>When acceptance reaches the offeror's mailbox (B)</p> Signup and view all the answers

    Which of the following describes the principle of 'Pacta sunt servanda'?

    <p>Parties must adhere to agreements they have validly made. (C)</p> Signup and view all the answers

    What do withdrawal rights allow a consumer to do?

    <p>Cancel a contract without providing any reason (D)</p> Signup and view all the answers

    Which scenario indicates unfairness in contract terms?

    <p>There is a threat involved in forming the contract (D)</p> Signup and view all the answers

    What is a prohibited contract?

    <p>A contract that violates the law (C)</p> Signup and view all the answers

    How do national, European, and supernational rules influence contract formation?

    <p>They set legal standards which parties must follow. (C)</p> Signup and view all the answers

    What is one reason a party might have a strong case for contesting a contract?

    <p>They signed under duress or threat. (B)</p> Signup and view all the answers

    What primarily distinguishes hard law from soft law?

    <p>Hard law refers to legally binding instruments. (C)</p> Signup and view all the answers

    What aspect of labour law demonstrates a strong public-private element?

    <p>Working time regulations. (D)</p> Signup and view all the answers

    Which of the following is NOT a feature of public law?

    <p>Payment inquiries by legal persons. (D)</p> Signup and view all the answers

    What defines the 'checks and balances' principle in a political system?

    <p>It prevents any institution from exercising total control. (A)</p> Signup and view all the answers

    Which of the following describes a characteristic of legal persons in private law?

    <p>They have the capacity to perform juridical acts. (D)</p> Signup and view all the answers

    In European Union law, how is the distinction between public and private law characterized?

    <p>Both private and public law govern state interactions without clear boundaries. (B)</p> Signup and view all the answers

    Which category of law primarily protects the rights of natural persons?

    <p>Public law concerning human rights. (D)</p> Signup and view all the answers

    Which of the following is an example of soft law?

    <p>Non-binding resolutions. (D)</p> Signup and view all the answers

    What is NOT considered a type of Secondary EU Law?

    <p>Treaties of Lisbon (A)</p> Signup and view all the answers

    Which of the following is the role of the European Parliament?

    <p>Supervise EU executive (C)</p> Signup and view all the answers

    Who is the president of the European Commission?

    <p>Ursula von der Leyen (D)</p> Signup and view all the answers

    What is the main function of the Council of Ministers?

    <p>Make policy and legislative decisions (A)</p> Signup and view all the answers

    Which institution reviews the legality of legislative acts in the EU?

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

    In which legal tradition are courts obliged to follow existing legal rules and do not create new rules?

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

    What is the primary factor in common law tradition that influences judicial decisions?

    <p>The demand for justice to treat like cases alike (D)</p> Signup and view all the answers

    What must courts in common law tradition demonstrate to rule differently from a precedent?

    <p>They must show differences in the aspects of the cases (D)</p> Signup and view all the answers

    In civil law tradition, what does a court base its ruling on?

    <p>Specific legal acts (B)</p> Signup and view all the answers

    What is necessary for something to be classified as customary law?

    <p>It must be widely recognized as binding (A)</p> Signup and view all the answers

    How do judicial decisions in common law function in terms of future cases?

    <p>They serve as a clear mandate for future cases (C)</p> Signup and view all the answers

    In Poland, what is the status of customary law?

    <p>It holds no significance (B)</p> Signup and view all the answers

    In which legal tradition are courts empowered to create new legal rules when no precise rule exists?

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

    Study Notes

    Sources of Law

    • Law encompasses various rules in life (social, religious, etiquette, student organizations)
    • Not all rules are laws; some have no legal status (e.g., giving up a seat on a bus)
    • Laws are rules that protect rights, dictate behavior, and have formal consequences for violations
    • Collective enforcement enforces rules through fines or punishments
    • Positive law - rules created by people (e.g., presidents, parliaments)
    • Natural law - inherent rights to live and exist, not created by people
    • Law allows parliaments to create rules (e.g., Poland)
    • Federal law applies nationally (e.g., Poland)
    • State law varies per state (USA)
    • Law should be consistent but isn't always respected
    • Religious law systems exist in some countries (Islamic law, etc.)
    • Common law systems (USA, Canada, Australia, etc.) allow courts to create legal rules based on precedent and judicial interpretation.
    • Civil law systems (EU) feature a separation of powers (legislative, executive, judicial) where powers are balanced; the president typically plays a limited legislative role
    • Common law systems (e.g., USA) are more flexible, with courts having the power to create law through precedent.

    Sources of Law - Customary & Legislation

    • Customary law: Based on traditional practices and court rulings.
    • Most laws today are created by a body with the power to do so (legislator).
    • Legislation, treaties, and court cases are also recognized as law sources
    • Cases, treaties, and legislation are all considered sources of legal origin and validation.

    Knowledge Sources

    • Key sources for legal information are treaties, judicial decisions, acts, bills, and codes.

    Legislation

    • Legislation creates, and modifies, existing rules.
    • Types include statutes, acts, decrees, and bylaws.
    • Legislation codifies some law; therefore acting as a separate source for legal validation.
    • Laws are typically created by legislators with the relevant authority.
    • Legislation is applied to specific people, territories, or matters of interest (e.g., food availability).
    • Institutional rules are rules created by legally recognized institutions, such as parliaments, which have the power to do so.

    Judgements of the Court - Case Law

    • Case law (judicial decisions) influence later decisions (precedent) in a system.
    • Case law in civil law tradition is not used to create new law
    • Common law systems use case law to create new law
    • Consistency in legal decisions, as well as fairness, is paramount in legal systems.

    Customary and Civil Law

    • Civil law systems have courts obliged to follow existing laws.
    • Common law systems allow courts to create law based on precedent.
    • Customary law is derived from established traditions and practices

    Religious Law

    • Sharia law is an example of religious law, particularly in Islamic countries.
    • International law created by various international organizations (e.g., UN, EU)

    Public and Private Law

    • Public law governs state actions and relationships between states and individuals.
    • Private law governs interactions among individuals/legal persons

    Administrative Law

    • Administrative law involves government actions/interactions with citizens
    • It is a subsection of public law

    Family Law

    • Family law (e.g., adoption, divorce) is derived from civil law.

    Labor Law

    • Labor law (employment) involves balancing employee/employer interests

    Soft and Hard Law

    • Soft law (recommendations, guidelines) is non-binding.
    • Hard law (treaties) is binding

    EU Law

    • EU law has primary and secondary sources.
    • Primary sources are treaties.
    • Secondary sources are regulations, directives, decisions, recommendations, opinions, and resolutions.

    The Law of Contract

    • Contracts involve exchange with an expectation of benefit.
    • Contract law defines obligations and rights for transactions.
    • Sources of contract law include rules from different parties, national/EU laws, and informal rules.
    • Contract formation requires intention, offer, and acceptance.

    Labour Law

    • Labour law functions to protect workers' rights, manage industrial conflicts, and support the workforce via legal frameworks.
    • Employment contracts in Poland include definite and indefinite contracts, with different conditions for termination.
    • Employee rights, such as remuneration (pay), working hours, and breaks, are described in the legal framework.

    International Law

    • International law governs relations among states and international organizations.
    • It includes rights, duties, and treaties.

    Interpretation of Rules

    • Literal rule - interpreting laws as they are written
    • Mischief rule - interpreting laws in context of their purpose
    • Golden rule - interpreting laws based on the purpose to be addressed
    • Principles are applied to handle conflicts between laws as well

    Conflict Resolution

    • Higher-level rules prevail over lower-level rules in cases of conflict.
    • Later rules have precedence over earlier ones
    • More specific rules take precedence over more general rules

    Constitutional Law

    • Organization of the state: describes how a state is structured, how power is distributed

    Checks and Balances

    • Checks and balances are a system of distributing power effectively throughout organs of government.

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    Basics of Law PDF

    Description

    Explore the fundamental sources of law and the various legal systems that exist worldwide. This quiz covers positive and natural law, as well as civil and common law systems. Test your understanding of how laws are created and enforced across different jurisdictions.

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