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Mindmap

Basic Concepts of Law

Laura Tamás Englisch

Inhalt der Mindmap

Basic Concepts of Law

  1. Fields of Law

    • Private Law
      • government as such plays no role
        • property law
        • contract law
        • family law
        • tort law
        • private international law
        • except: eg: ownership of police car, same
      • relations between citizens
    • Public Law
      • government as such plays a role
        • criminal law
          • punishment by/on behalf of the gov
        • administrative law
          • interaction gov vs citizen
          • eg: tax law
        • constitutional law
          • trias politica
        • international law
    • EU Law
      • private + public
    • Substantive v. Procedural law
      • what people should do
      • gives rights
      • means to enforce laws
      • rules for court etc
      • branch of procedural law for branches of substantive law
        • civil, criminal, administrative procedure
    • "Functional fields"
      • laws: all 4 categories
      • function more important than belonging to main areas
        • function: consists of regulated topic
      • eg: environmental law
  2. Rules

    • prescribe behavior +
      • create rights
      • describe procedures
      • set up institutions
    • Structure
      • condition + conclusion part IF-THEN
    • operative facts
      • case's facts that satisfy the contitions of the rule
        • if rule is applied- legal effect attached to case
    • Dynamic Rules
      • rules that lead to new facts
        • eg: commit crime, punishable from then on
    • Count-as Rules
      • simply acts (handing over a bread) gain legal menaing transfer of ownership
    • Fact-to-Fact Rule
      • connects facts that go together
        • owns sg- competent to transfer ownership
    • legal effects
      • changes in law result of application of dynamic rule
      • attached to cases based on rule
  3. Legal Subjects

    • Legal persons
      • organizations that receive title of legal subjects
    • duties imposed, competence and rights assigned to them by rules
    • Natural persons
      • human being
    • different areas, different consequences
      • public law
        • legal persons: ??
        • natural persons: human rights
      • private law
        • rights to own property, payment, perform juridical acts
          • both
  4. Juridical acts

    • act performed with the intention to bring about legal effects
    • contracts, last wills, etc
    • mean for subjects to change legal positions, within limits
    • Factual Acts
      • mostly by administration, same purpose but without creating a legal effect
        • eg: making parking physically impossible
    • Competence
      • certain empowerment needed for certain juridical acts and legal effects
      • if lacking competence: NULL
      • nullification
        • taking legal effect away
  5. Duties and Rights

    • Duties
      • 1) agents under duty 2) action duty applies to
      • meant to guide people's beahvior
      • everyone, some, one
      • content of duty
        • what (not) supposed to do
      • prohibition= duty to abstain from sg
      • implicit permission
        • absence of prohibition
      • explicit permission
        • prohibition, but excptionn created
      • permission: what you are allowed to do
        • go against it: illegal
      • competence: what is possible to do in your power
        • precondition for creating legal effects by juridical act
  6. Rights

    • 1) interests protected by the law 2) can be disposed of by the holder
    • Claim
      • rights regarding a person
      • obligation attched
        • narrow sense
          • counterpart of the claim
        • broad sense
          • obligation in narrow sense + claim
      • eg: contracts
      • can be transferred
      • holde can waive rights, en corresponding obligation
      • can only be invoked against person bound by the obligation
    • Rights in rem
      • rights regarding an object
      • relationship between right holder and object of the right
      • eg: ownership
        • can be seen as an explicit permission
      • can be invoked against everyone
      • Liberty Rights
        • eg right to self expression
        • not easily withdrawn

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Beschreibung
Intro to law ch3
Erstellt von
Laura Tamás
Aufrufe
37
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