State and Law Overview

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Questions and Answers

What is the definition of a state?

A political entity existing on a territory where the sovereign powers of the state are exercised

What are the key characteristics of a state with a rule of law?

Supremacy of the constitution, adherence to laws, respect for human rights, and the rule of law across all aspects of society

What does the phrase "power of the state" refer to?

Exercising and enforcing legal norms in conjunction with other states (international law)

Which of the following are examples of the form of government?

<p>Republic (B), Central (C), Monarchy (D)</p> Signup and view all the answers

What is the definition of positive law?

<p>It encompasses all active legal regulations applied within a state</p> Signup and view all the answers

What are the principles of Roman law?

<p>Written law, a codified system, a distinction between public and private law, and the focus on structures, institutions and a foundation based on fundamental principles.</p> Signup and view all the answers

Which of the following are principles of the rule of law?

<p>Legality and obligation to abide by the law. (A), Liberty and equality, emphasizing that individuals are equal before the law. (B), Responsibility, emphasizing the accountability of individuals to society. (C), Equity and justice, including tolerance and respect. (D)</p> Signup and view all the answers

Flashcards

State

A form of political-social organization with a structure for social relations and centralized power.

State Power

The power exercised by a state within its territory, respecting the constitution and the law, and involving the whole population.

State Power & Relations

The interaction of a state's power with other states.

Governmental Form

The way governmental authorities are organized, like a republic or monarchy.

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Positive Law

Active legal rules enforced within a state.

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Roman Law

Written, hierarchical system of laws with public/private branches and principles.

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Legality

Respect for the law (a legal principle).

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Freedom & Equality

Legal principle: individuals are equal under the law and free.

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Fairness (Judicial)

Principle of justice in legal proceedings.

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Responsibility (Individual)

Duty of individuals to society.

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Centralized State Power

State power concentrated in a single authority

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Constitutional Supremacy

The constitution is the highest law.

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Territorial Power

Power only applies within a state's boundaries.

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Active Legal Rules

Laws that are currently enforced.

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Codified Law

Organized laws into a system or code.

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Public Law

Laws dealing with government and society.

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Private Law

Laws dealing with relationships between individuals.

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Hierarchical System (Law)

System of ranking laws from highest to lowest.

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Written Law

Laws that are written down for all to be aware of.

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Collection of Active Legal Rules

Complete body of laws in use by the state.

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Study Notes

State and Law

  • State: political organization, social form, framework for social conduct, comprises all organs related to societal leadership, with central authority.

  • Existence and extent of State influence within a territory, where power is exercised.

  • State authority structure, including supreme constitutional law's significance, governing laws, and judicial/executive structures and authorities.

State's Power

  • State power: exertion of power over a particular area, with people subject to its jurisdiction.
  • Population: citizenry under the state's authority.

Government Forms

  • Government forms: ways governments are organized and authorities are distributed.
  • Examples: republic and monarchy.

Positive Law

  • Positive law: all active legal rules applicable within a state.

Roman Law

  • Roman law: a framework of written laws.
  • Features: hierarchical system, codified structure, public and private laws, structured based on fundamental principles, and important concepts such as rights and duties.

Principles of Law

  • Legal principle: the legal obligation to follow the laws of the country.
  • Freedom and equality: individual rights to be treated equally.
  • Fairness/Justice: a legal system with fair practices and judgment.
  • Responsibility: individual conduct towards society.

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