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Law Summary - First Exam
Law Summary - First Exam
First Exam
Unit 1:
Law
Souces of law
Principles of law
Legal systems
Branches of law
Lawmaking
What is Law?
Sources of Law
Sources of law are a mean of creation and formation of mandatory norms of a state.
Sources refer to the origin of the law, the causes that create and shape it, together
with the mode in which it´s represented.
Primary souces of law are consitutions, statutes, regulations, and cases.
Lawmaking Powers:
The executive branch creates administrative law, which is published as
regulations or executive orders and directives.
The legislative branch creates laws that are passed and published as
statutes.
The judicial branch creates law in the form of decisions, also called
‘opinions’ and ‘cases’.
Statutory Law: a law or statue is a written rule created by state institutions
(often a legislature) which enacts laws through the authority of the state. The
laws have sanctions which are recognized by the state and enforced by state-
authorized bodies (the judiciary).
Case Law:
Principles of Law
Since all areas of human life- in one way or another- are governed by laws, almost
any kind of human/social problem can be submitted to a legal analysis.
A legal system is the organization of the laws within one single nation state. The
system varies according to state’s socio-cultural traditions.
Two most common kinds of legal systems:
Common law tradition (the Anglo-American tradition)
Civil law tradition (the majority of the world’s states)
Branches of Law
Private law: deals with the rights and obligations people have in their relationships
with one another.
Tort
Property law: governs the ownership and use of property. Property may be
real, such as land and buildings, or personal, such as a car and clothing. The
law ensures a person´s right to own property. However, the owner must use
the property lawfully. People also have the right to sell or lease their property
and buy or rent the property of others. This law determines the rights and
obligations involved in such dealings.
Family law: determines the legal rights and obligations of husbands and
wives and of parents and children. It covers such matters as marriage,
divorce, adoption and child support.
Public law: concerns the rights and obligations people have as members of society
and as citizens.
Criminal law: deals with actions considered harmful to society. Crimes range
in seriousness from disorderly conduct to murder. Criminal law defines these
offences and sets the rules for the arrest, the trial, and the punishment of
offenders.
International law: deals with the relationships among nations both in war and
in peace. It concerns trade, communications, territorial limits, the uses of the
ocean, and many other matters.
Lawmaking
Specific words:
Binding: it’s mandatory, it cannot be avoided.
Enforced: competent authorities may force people to obey the law.
Penalties/sanctions: legal consequences.
To enact/pass a law: to create a law by a legal and authoritative act.
Bill: a proposal for a new law.
Unit 2:
Contracts
Definition and elements
Contract formation
Classification
Interpretation
Breach
Termination
Remedies
Contracts
Mutual agreement between the parties that reflects their respective intent
(their minds must meet)
A contract is formed when the acceptance of an offer is received or when
the conduct of the parties demonstrates the existence of an agreement
(Section 971)
An offer is a manifestation directed to a determined person, with the
intention to bind the offeror and with sufficient precision about its effects
(Section 972)
It is binding on the offeror (Section 974)
Acceptance means fully agreeing to the terms of the offer. If an offer is
accepted with changes added, then this is considered as a counteroffer.
Consideration
Legal object
Legal competence
There are legal criteria determining who holds the legal capacity to
contract.
Minors lack capacity to make most contracts.
Persons with mental incapacity lack contract capacity.
Persons affected by drugs or alcohol may sometimes lack capacity to form
a contract.
Contract Formation
Classification of contracts
Interpretation
A duty to avoid doing something that will destroy or injure the right of the
other party to receive the benefits of the contract.
‘Good faith’ can generally be understood as honesty in a person’s conduct
during the agreement.
The parties to a contract have opposite interests, but they come together
for a common business. They must agree on the object of the contract and
the effects they want it to have.
Breach
It occurs when a party fails to fulfill its obligation under the contract.
Sets into movement a new series of legal obligations or liabilities.
A court of law can decide whether a breach has occurred and what
consequences –new legal obligations- should follow.
Termination
Rescission
o Unilateral or bilateral:
A party may exercise the right to rescind the contract AT ANY
TIME, discharging all obligations; or
Both parties may rescind the contract by mutual agreement
(Section 1076)
Resolution
o Only unilateral: a party may be entitled to cancel the contract, in whole
or in part, for cause.
o For cause: in general, when the other party has committed breach of
contract, but other causes include frustration of the purpose.
o Retroactive effects: ALL POSSIBLE RESTITUTIONS MUST BE
MADE. This is done to bring the parties, as far as possible, back to the
position in which they were before they entered into a contract.
Revocation
o Only applicable to UNILATERAL CONTRACTS
A party unilaterally elects to terminate a unilateral legal act.
Mutual consent is not needed.
Remedies
When there has been a breach of contract, the non-breaching party can seek
remedies available under the contract law.
Most remedies will involve monetary compensation, but sometimes non-
monetary relief can be afforded the injured party.