Fundamental Legal Concepts Flashcards (51 cards)

All cards

1Question

What is law, according to Cornell Law School’s Legal Information Institute?

Answer

A system of rules regulating community conduct, often enforced by a controlling authority through penalties.

2Question

What gives law its official authority?

Answer

Creation by a state institution or recognition by courts as legally binding.

3Question

What does the principle that law applies equally mean?

Answer

No one is above the law.

4Question

How does law evaluate conduct?

Answer

As legal or illegal, and lawful or unlawful.

5Question

How are legal sanctions enforced?

Answer

Formally by a controlling authority.

6Question

What form do moral sanctions take?

Answer

Informal social pressure.

7Question

Which sources receive priority in civil law and common law, respectively?

Answer

Written codes and legislation in civil law; judicial decisions and jurisprudence in common law.

8Question

What role do judges generally have in civil-law systems?

Answer

They apply existing rules and have a limited interpretive role.

9Question

What authority can common-law judges exercise?

Answer

They can interpret law and establish new rules.

10Question

What happens when a lower-ranking legal rule conflicts with a higher-ranking rule?

Answer

The lower-ranking rule must comply with the higher-ranking rule.

11Question

What powers does UK parliamentary sovereignty give Parliament over laws?

Answer

Parliament can enact, revoke, or alter any law it sees fit.

12Question

According to Anthony King’s *The British Constitution* (2007), what is a constitution?

Answer

A country’s most important rules and common understandings governing relations among institutions and between institutions and people.

13Question

What three matters do constitutions establish, set out, and define?

Answer

Government structures, government powers, and the relationship between the individual and the state.

14Question

What dual purpose do constitutions serve?

Answer

They enable government and limit the exercise of governmental power.

15Question

What does legislative power do?

Answer

It makes and passes laws.

16Question

What does the French Constitution establish, organize, and protect?

Answer

It establishes the highest legal principles, organizes public powers, and protects citizens’ rights and freedoms.

17Question

How does the French Constitution rank among legal sources?

Answer

It is supreme over other legal sources.

18Question

Which 2016 case is cited concerning the United Kingdom’s constitutional arrangements?

Answer

R (Miller) v Secretary of State for Exiting the European Union, 2016.

19Question

How is the United Kingdom’s constitution documented?

Answer

It is not contained entirely in one written document.

20Question

How are fundamental UK constitutional rules made?

Answer

They are made by Parliament and courts.

21Question

How many units does the course contain?

Answer

10 units.

22Question

How many hours are devoted to introduction to law and legal methodology?

Answer

15 hours.

23Question

What percentage of the course grade comes from continuous assessment?

Answer

50%.

24Question

What percentage of the course grade comes from the final exam?

Answer

50%.

25Question

On what date is the final exam scheduled?

Answer

14 December 2026.

26Question

How long does the group oral presentation last?

Answer

12 minutes.

27Question

What is the maximum number of slides for the group oral presentation?

Answer

Five slides.

28Question

How must students deliver the group oral presentation?

Answer

Without reading a script or the slides.

29Question

What formal penalties may follow a breach of law?

Answer

Fines or imprisonment.

30Question

What legal disadvantage may follow a breach of law in a property transaction?

Answer

Losing ownership rights.

31Question

What sources can create legal obligations?

Answer

International covenants and treaties, constitutions, statutes, usages, customs, judicial decisions, and doctrine.

32Question

What grounds moral and ethical obligations?

Answer

Social codes, religion, and ethical or moral codes.

33Question

Who or what authorizes moral and ethical obligations?

Answer

Individual and collective conscience.

34Question

From what legal tradition did civil law develop, and what influenced it?

Answer

Civil law developed from ancient Roman law with Germanic influences.

35Question

Where and when did common law originate?

Answer

In England from the 11th century.

36Question

How does legal reasoning proceed in civil law compared with common law?

Answer

Civil law moves from general principles to specific cases; common law moves from fact patterns to rules.

37Question

Where did the common-law tradition develop and spread?

Answer

It developed in England and spread through its former colonies.

38Question

Where did the civil-law tradition spread?

Answer

Through continental Europe and its former colonies.

39Question

Which bodies and office make up the Parliament that legislates for England and Wales?

Answer

The House of Commons, the House of Lords, and the monarch.

40Question

What are the two chambers of the French Parliament?

Answer

The Senate and the National Assembly.

41Question

Which French laws organize public institutions or fundamental rights and require Constitutional Council review?

Answer

Organic laws.

42Question

What makes community or professional customs and usages obligatory?

Answer

Their long-standing practice within the community or profession.

43Question

What distinguishes legal doctrine from jurisprudence?

Answer

Doctrine comprises scholars’ legal writings; jurisprudence comprises court decisions and interpretations.

44Question

What is the rank of Hungary’s Fundamental Law among sources of law?

Answer

It is the supreme source of law.

45Question

How may constitutions divide powers between central and regional governments?

Answer

They may divide powers in federal or unitary systems.

46Question

What do Bills of Rights protect?

Answer

Fundamental freedoms.

47Question

What does the UK Human Rights Act 1998 incorporate?

Answer

The European Convention on Human Rights.

48Question

What does judicial review of administrative action enable individuals and groups to assert?

Answer

Their interests against intrusive state activity.

49Question

Which sources comprise the French constitutional block?

Answer

The Constitution of 1958, the Declaration of the Rights of Man and of the Citizen of 1789, the Preamble to the Constitution of 1946, the Environmental Charter of 2004, and the Fundamental Principles Recognized by the Laws of the Republic.

50Question

How does the French Constitutional Council use the constitutional block?

Answer

It uses it to review new laws.

51Question

What do UK constitutional rules govern and define?

Answer

They govern the exercise of public power and define state entities’ decision-making authority and powers.

Test yourself with the quiz

Answer 17 questions on Fundamental Legal Concepts.

1. How are the course’s 10 units allocated across its three subject areas and teaching hours?

2. A student is preparing for the final exam; what format, duration, and scope should they expect?

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