Lernkarten

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Erstellt / Aktualisiert 21.12.2019 / 19.01.2020
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Fenster schliessen

What are the three sources of law

- legal custom: developed over a longer period of time

- Written law: qualified law, legal acts/ordinances

- Judical opinion: court decisions, opinions of scholars, lawyers, judges

Fenster schliessen

What are the subtypes of Private Law

Relationship between private persons

  • Family law
  • Law of succession
  • Law of property
  • Law of contracts
  • Commercial law
  • Law of cooperation
  • Tort Law
  • Trust Law
Fenster schliessen

What are the subtypes of Public Law

Acts and behaviour of the state

  • Constitutional law (rules over the organization of the state including fundamental rights)
  • Criminal Law (prohibiting, punishing, prosecuting certain offensive behaviour)
  • International Law (relation between states themselves
Fenster schliessen

What are the main sujects covered by the different areas of Public Law ?

Constitutional Law:

  • How the government works in election
  • In parliamentary procedure
  • And the division of power between different arms of government
  • Human right values
  • Democratic core principles

International Law:

  • Relation between nation states

Criminal Law:

  • Guilty mind -> guilty act
  • Guilty act = offense
  • Guilty act can be committed if you are insane or under drugs
    • Punishments: imprisonment, fines, community service
Fenster schliessen

In comparative law we compare which two forms of law?

- Civil law (CH+most of Europe):

  • Made by the parliament and the government
  • Judges merely interpret the laws in the individual cases

- Common law (USA+UK)

  • Stare decisis or precedent were the major innovation
  • Judged make the law – what is just and fair
  • Judges must decide their cases similar on how other courts have done it
    • Analyse old cases
  • Precedent = statement by the judge in deciding a case
Fenster schliessen

What are the main purposes of comparitive law?

  • to attain a deeper knowledge of the legal systems
  • to perfect the legal systems
  • possibly, to contribute to a unification of legal systems, of a smaller or larger scale (cf. for instance, the United Nations treaty on the international sale of goods)
Fenster schliessen

What are the main Institutions of the law

  • Independent courts
  • Representative parliament
  • The military
  • Police
  • The bureaucratic organisation
  • Civil society itself
Fenster schliessen

What did John Locke and Montesquieu (father of comparitive law) say about how government should be organised?

  • If someone has the total power, this person will abuse the power
  • Because of that they advocated the separation of power (Gewaltentrennung)