Law Questions PDF

Law 1. Explain what law is and its primary purpose in society? Law is a system of rules that are created and enforced by a governing authority. It helps maintain order, protect rights, and ensure justice in society, which may enforce penalties. Law describes rules, called LEGAL NORMS. 2. What a...

Law 1. Explain what law is and its primary purpose in society? Law is a system of rules that are created and enforced by a governing authority. It helps maintain order, protect rights, and ensure justice in society, which may enforce penalties. Law describes rules, called LEGAL NORMS. 2. What are the key differences between the positivist doctrine and the doctrine of natural law ? The Doctrine of Natural law refers to meta-legal authority and says law is correct if it conforms to the human nature, divine revelation or to reason. The Positivist Doctrine accepts that we have no means of deriving law from a higher authority, and says law is made out of norms that are generally accepted or are formally enacted, and regularly enforced. 3. List the main characteristics and purposes of Roman law throughout history? In 450 BCE, these laws were publicly displayed in the forum so that every Roman could know their rights. They were the first laws in Rome to apply to both private and public matters, meaning that people could understand, for example, how property disputes were resolved or what punishment awaited for acts of violence. This was a revolutionary moment when the law became transparent and accessible to everyone. The enactment of the Twelve Tables ( 450 B.C.), a code that concentrated on the most important problems that had arisen under the customary law. 4. Why is it said that law does not describe reality but rather prescribes what should happen in certain situations? Law is said to prescribe rather than describe because it sets rules about how people should act in certain situations. Instead of just stating what happens in reality, laws aim to guide behavior and establish consequences for actions. For example, a law that prohibits theft doesn\'t just acknowledge that theft occurs; it defines stealing as wrong and tells people what should happen if they do it. Essentially, laws are designed to shape society and influence how individuals behave. 5. Explain the structure of a legal norm using the \"if.., then\...\" concept. Provide an example. The IF THEN structure two parts, the elements and the legal sanction. The elements are the conditions that must be met for the law to apply, such as \"If someone takes someone else\'s property.\" The legal sanction is the consequence that follows if those conditions are fulfilled, like \"then they may face penalties such as fines or imprisonment.\" 6. What is the purpose of legal norms, and how do they influence human behavior? A legal norm is a binding rule or principle. Legal norms determine the rights and duties of individuals. Their essence is they determine what should be not what is. Their primary purpose is to influence human behavior, and since a norm is a rule of behavior, it all depends on the will of a person, so their will should be motivated to respect the norm. The means used to influence people to respect certain social norms are called sanctions, and can be twofold. 7. List the four main types of legal interpretation and explain how each contributes to understanding a legal norm. Literal interpretation -- what does the term ordinarily mean, focuses on the plain meaning of the words in the law, helping to understand the law as it is written. Systematic interpretation -- what is the context with other legal provisions, interpretation considers the law within the context of the entire legal system, ensuring consistency and coherence with other laws. Historical interpretation -- how did the rule develop, examines the law\'s background and the historical context in which it was created, offering insights into its original meaning and purpose. Teleological interpretation -- what is the purpose of the rule, looks at the broader goals and objectives of the law, guiding its application towards achieving those aims 8. Why is it important for sanctions to be clearly defined and known in advance to ensure the effectiveness of legal norms? It is important for sanctions to be clearly defined and known in advance because this clarity helps individuals understand the consequences of their actions. When people know the specific penalties for breaking a law, they are more likely to comply with the legal norms. This transparency promotes accountability and deters unlawful behavior, as individuals can weigh the risks of their actions against the potential sanctions. 9. Explain the primary distinctions between public law and private law. Why are these categories essential for societal order? Public law involves legal relationships where the state is present as a party, usually as an authority and sovereign entity. Private law governs relationships between individuals, including natural and legal persons, where the state acts as a guarantor of legal norms but is not a direct party to the relationship. 10. What are the core elements of state sovereignty, and how do they influence the application of public law? Internal Sovereignty refers to the supreme power of the state within its borders, where it has exclusive authority to enact laws and regulations that apply to all entities within its territory. External sovereignty refers to the state\'s right to make independent decisions in international relations without being subordinate to other states or international institutions. These elements influence the application of public law by establishing the framework within which laws are created and enforced. 11. Branch's of public law? Constitutional Law - The primary branch of public law that regulates the structure of the state, the powers of its organs, and the fundamental rights and freedoms of citizens. Administrative Law - Governs the operation of the state administration and its relationships with citizens, including administrative procedures and the issuance of administrative acts. Criminal Law - Defines criminal offenses, penalties, and the processes for sanctioning behavior considered harmful to society. 12. List the main branches of private law and provide an example of what each branch regulates. Contract Law -- Covers the rules relating to contractual relationships between individuals and companies. Family Law -- Regulates relationships between family members, including marriage, parenthood, and guardianship. Property Law -- Governs ownership rights, including property rights, liens, and rights to use property 13. Discuss how international organizations, like the EU, influence the sovereignty of member states in both public and private law contexts. International organizations like the EU influence member states\' sovereignty by requiring them to follow EU laws and regulations. In public law, EU directives can override national laws, limiting states\' independence in areas like trade and human rights. In private law, the EU harmonizes business rules, prompting states to adjust their laws to align with EU standards. 14. Explain the concept of legality Legality refers to compliance with the law, the concept of legality refers to the principle that actions must be in accordance with the law. It means that individuals and institutions can only do what is permitted by law, and any action that violates the law is considered illegal. 15. What is autocracy? Autocracy refers to a political system where power is consolidated either in the hands of an individual or a group of people, known as autocrats. 16. Explain at least two vital points of Company Law. Regulation of Corporate Activities: Corporate law refers to the laws, rules, and regulations that pertain to corporations. These laws regulate the rights and obligations involved with the business activities of a corporation, including its formation, ownership, operation, and management. Protection of Stakeholders: Corporate law protects the interests of various stakeholders such as shareholders, employees, and creditors. It ensures that corporations are accountable to these stakeholders Limited Liability: Corporate law provides a framework for limited liability. This means that shareholders are only responsible for the money they invest in the business.If the business fails, they only lose the amount they invested and are not personally liable for the company's debts. Legal Personality: Corporations are treated as separate legal entities in the eyes of the law. This means that the laws deal with the business directly rather than the people within it. Ease of Ownership Transfer: Corporate law allows for easy transfers of ownership, which is crucial for the continuity and growth of businesses. Promotion of Fair Business Practices: Corporate law helps ensure that a company is operating in compliance with state, federal, and international laws, allowing the company to conduct business fairly and safely. 17. List sources of Company Law. LAW, SUB-LEGAL ACTS, SELF REGULATORY ACTS OF BUSINESS AND ECONOMIC ENTITIES, CUSTOMS, COURT PRACTISE 18. Contracting principles. Freedom of contract entails the possibility for each individual to, by their own will, establish rules of conduct in relationships with other individuals with their consent. It consists of several elements, including: 1. Freedom to decide whether to sign a contract or not; 2. Freedom to choose the person with whom to enter into a contract; 3. Freedom to determine the content and form of the contract. The principle of heightened attention is a principle in contractual relationships and commercial law, which implies that the debtor must fulfill the obligation exactly as specified, and with due care, in order to validly satisfy the creditor\'s claim. The burden principle refers to the idea that the responsibility to prove a claim or assert a defense lies with a specific party in a legal context. This principle ensures fairness in legal proceedings by clearly defining who must provide evidence and support their claims. The principle of informality suggests that legal processes and requirements should be flexible and accessible, allowing individuals to engage with the law without needing strict formalities. It helps reduce barriers, making justice more attainable by allowing for less rigid rules in areas like contract formation or legal proceedings, thus fostering greater participation and fairness. 19. Subjects of Private Law: Natural Persons: Individuals who have rights and obligations in legal relationships. Legal Persons: Organizations, companies, or associations that possess legal capacity and function as entities in legal relationships 20. COMMERCIAL LAW AND COMPANY LAW Company law is a set of general legal rules governing and defining behavior of companies and other economic entities entrepreneurs, cooperatives. In this sense, company/commercial law is a legal branch which exists in the legal life and system of a country along with other branches of law such as obligations, commercial or administrative law. It consists of rules contained in numerous legal sources such as laws, sub-legal acts or customs under which legal entities behave in connection with the organization of activities when they perform them for the purpose of gaining profit. Contracts that facilitate tourist travel are called tourism contracts. In tourism, three types of contracts are used: specific 1. tourism contracts; 2. specific hospitality contracts, and; 3. classical contracts of civil and commercial law. Specific tourism contracts emerged as a reflection of the special needs of the tourism sector. They were unnamed for a long time, later gaining legal recognition. The most well-known ones include the contract for the organization of travel, the intermediary contract for travel, the allotment contract, and the time-sharing contract