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Basic Concepts of Law


Intro to law ch3
Laura Tamás
Mind Map by Laura Tamás, updated more than 1 year ago
Laura Tamás
Created by Laura Tamás over 6 years ago

Resource summary

Basic Concepts of Law
  1. Fields of Law
    1. Private Law
      1. government as such plays no role
        1. property law
          1. contract law
            1. family law
              1. tort law
                1. private international law
                  1. except: eg: ownership of police car, same
                  2. relations between citizens
                  3. Public Law
                    1. government as such plays a role
                      1. criminal law
                        1. punishment by/on behalf of the gov
                        2. administrative law
                          1. interaction gov vs citizen
                            1. eg: tax law
                            2. constitutional law
                              1. trias politica
                              2. international law
                            3. EU Law
                              1. private + public
                              2. Substantive v. Procedural law
                                1. what people should do
                                  1. gives rights
                                    1. means to enforce laws
                                      1. rules for court etc
                                        1. branch of procedural law for branches of substantive law
                                          1. civil, criminal, administrative procedure
                                        2. "Functional fields"
                                          1. laws: all 4 categories
                                            1. function more important than belonging to main areas
                                              1. function: consists of regulated topic
                                              2. eg: environmental law
                                            2. Rules
                                              1. prescribe behavior +
                                                1. create rights
                                                  1. describe procedures
                                                    1. set up institutions
                                                    2. Structure
                                                      1. condition + conclusion part IF-THEN
                                                      2. operative facts
                                                        1. case's facts that satisfy the contitions of the rule
                                                          1. if rule is applied- legal effect attached to case
                                                        2. Dynamic Rules
                                                          1. rules that lead to new facts
                                                            1. eg: commit crime, punishable from then on
                                                          2. Count-as Rules
                                                            1. simply acts (handing over a bread) gain legal menaing transfer of ownership
                                                            2. Fact-to-Fact Rule
                                                              1. connects facts that go together
                                                                1. owns sg- competent to transfer ownership
                                                              2. legal effects
                                                                1. changes in law result of application of dynamic rule
                                                                  1. attached to cases based on rule
                                                                2. Legal Subjects
                                                                  1. Legal persons
                                                                    1. organizations that receive title of legal subjects
                                                                    2. duties imposed, competence and rights assigned to them by rules
                                                                      1. Natural persons
                                                                        1. human being
                                                                        2. different areas, different consequences
                                                                          1. public law
                                                                            1. legal persons: ??
                                                                              1. natural persons: human rights
                                                                              2. private law
                                                                                1. rights to own property, payment, perform juridical acts
                                                                                  1. both
                                                                            2. Juridical acts
                                                                              1. act performed with the intention to bring about legal effects
                                                                                1. contracts, last wills, etc
                                                                                  1. mean for subjects to change legal positions, within limits
                                                                                    1. Factual Acts
                                                                                      1. mostly by administration, same purpose but without creating a legal effect
                                                                                        1. eg: making parking physically impossible
                                                                                      2. Competence
                                                                                        1. certain empowerment needed for certain juridical acts and legal effects
                                                                                          1. if lacking competence: NULL
                                                                                            1. nullification
                                                                                              1. taking legal effect away
                                                                                          2. Duties and Rights
                                                                                            1. Duties
                                                                                              1. 1) agents under duty 2) action duty applies to
                                                                                                1. meant to guide people's beahvior
                                                                                                  1. everyone, some, one
                                                                                                    1. content of duty
                                                                                                      1. what (not) supposed to do
                                                                                                      2. prohibition= duty to abstain from sg
                                                                                                        1. implicit permission
                                                                                                          1. absence of prohibition
                                                                                                          2. explicit permission
                                                                                                            1. prohibition, but excptionn created
                                                                                                            2. permission: what you are allowed to do
                                                                                                              1. go against it: illegal
                                                                                                              2. competence: what is possible to do in your power
                                                                                                                1. precondition for creating legal effects by juridical act
                                                                                                            3. Rights
                                                                                                              1. 1) interests protected by the law 2) can be disposed of by the holder
                                                                                                                1. Claim
                                                                                                                  1. rights regarding a person
                                                                                                                    1. obligation attched
                                                                                                                      1. narrow sense
                                                                                                                        1. counterpart of the claim
                                                                                                                        2. broad sense
                                                                                                                          1. obligation in narrow sense + claim
                                                                                                                        3. eg: contracts
                                                                                                                          1. can be transferred
                                                                                                                            1. holde can waive rights, en corresponding obligation
                                                                                                                              1. can only be invoked against person bound by the obligation
                                                                                                                              2. Rights in rem
                                                                                                                                1. rights regarding an object
                                                                                                                                  1. relationship between right holder and object of the right
                                                                                                                                    1. eg: ownership
                                                                                                                                      1. can be seen as an explicit permission
                                                                                                                                      2. can be invoked against everyone
                                                                                                                                        1. Liberty Rights
                                                                                                                                          1. eg right to self expression
                                                                                                                                            1. not easily withdrawn
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