Study guide: Fundamental Legal Concepts

Course Outline

  1. Course Structure and Assessment
  2. Nature and Characteristics of Law
  3. Law and Moral Standards
  4. Civil Law and Common Law
  5. Legal Sources and Their Hierarchies
  6. Constitutional Purpose and Government
  7. Constitutions in National Legal Systems

1. Course Structure and Assessment

Essential Points

  • The course has 10 units divided into introduction to law and legal methodology (15 hours), business law (9 hours), and international trade law (6 hours).

  • Continuous assessment accounts for 50% of the course grade: a group oral presentation is worth 25%, and an individual multiple-choice test on Units 1–5 is worth 25%.

  • The final exam accounts for 50% of the course grade and is an individual 60-minute multiple-choice test covering all 10 units, scheduled for 14 December 2026.

πŸ“Œ The group oral presentation lasts 12 minutes, uses a maximum of five slides, and must be delivered without reading a script or the slides.

2. Nature and Characteristics of Law

Key Concepts & Definitions

  • Law: LII, Cornell Law School - A system of rules that regulates a community’s conduct and is often enforced by a controlling authority through penalties.

β˜… Must-know

  • Law carries official authority because it is created by a state institution or recognized by courts as legally binding.

πŸ“Œ The principle that law applies equally means that no one is above the law.

Further detail

  • A breach of law may lead to formal penalties such as fines or imprisonment, or to legal disadvantages such as losing ownership rights in a property transaction.

3. Law and Moral Standards

β˜… Must-know

πŸ“Œ Law evaluates conduct as legal or illegal and lawful or unlawful, whereas morality and ethics evaluate it as right or wrong and good or bad.

πŸ“Œ Legal sanctions are formal and enforced by a controlling authority, whereas moral sanctions take the form of informal social pressure.

Further detail

  • Legal obligations can arise from:

    • international covenants and treaties
    • constitutions
    • statutes
    • usages
    • customs
    • judicial decisions
    • doctrine
  • Moral and ethical obligations draw on:

    • social codes
    • religion
    • ethical or moral codes

Memory Hook

Law is enforced by public authority; morality relies on conscience and social pressure.

4. Civil Law and Common Law

β˜… Must-know

πŸ“Œ Civil law gives priority to written codes and legislation, whereas common law gives priority to judicial decisions and jurisprudence.

πŸ“Œ In civil law, judges generally apply existing rules and have a limited interpretive role, whereas common-law judges have greater authority to interpret law and may establish new rules.

Further detail

  • Civil law developed from ancient Roman law with Germanic influences, while common law originated in England from the 11th century.

πŸ“Œ Civil-law reasoning moves from general principles to specific cases, whereas common-law reasoning moves from fact patterns to rules.

  • The common-law tradition developed in England and its former colonies, while the civil-law tradition spread through continental Europe and its former colonies.

Memory Hook

Civil law starts from codes and general principles; common law gives greater weight to judicial decisions.

β˜… Must-know

πŸ“Œ In a hierarchy of legal sources, lower-ranking rules must comply with higher-ranking rules, and an older text at the same level is repealed by a more recent one.

πŸ“Œ Parliamentary sovereignty means the UK Parliament can enact, revoke, or alter any law it sees fit, and Acts apply in all four countries of the UK.

Further detail

  • In England and Wales, legislation is made by Parliament, which consists of the House of Commons with 650 elected MPs, the House of Lords with 833 unelected members, and the monarch.

  • The French Parliament is bicameral and consists of the Senate and the National Assembly, which may unite as the Congress of Parliament at Versailles to amend the Constitution.

πŸ“Œ French organic laws organize public institutions or fundamental rights under Article 46 and must be reviewed by the Constitutional Council, whereas ordinary laws cover general matters under Article 34 and are reviewed only if referred by certain authorities.

  • Custom and usages are long-standing practices within a community or profession that have become obligatory.

πŸ“Œ Doctrine consists of legal opinions and writings by scholars that help interpret laws but are not binding, whereas jurisprudence consists of court decisions and interpretations that clarify and shape the application of laws.

  • In Hungary, the Fundamental Law is the supreme source of law, Acts of Parliament rank below it, and decrees rank below Acts and must comply with higher-ranking legislation.

  • In Hungary, Acts are generally adopted by a simple majority, while cardinal Acts on specific legal matters require a two-thirds majority.

  • In Spain, the Constitution is the supreme legal norm, and any provision or act contrary to it has no legal validity.

  • Spanish regulations are issued by the executive, rank immediately below laws, and generally implement them.

  • In Spain, Statutes of Autonomy establish autonomous communities’ institutional frameworks and competences, and their parliaments may legislate within those competences.

6. Constitutional Purpose and Government

Key Concepts & Definitions

  • Constitution: Anthony King, The British Constitution, 2007 - The set of a country’s most important rules and common understandings regulating relations among governing institutions and between those institutions and the people.

β˜… Must-know

  • Constitutions: establish government structures, set out government powers, define the relationship between the individual and the state

πŸ“Œ Constitutions have the dual purpose of enabling government and limiting how governmental power is exercised.

  • The three branches of state power are:
    • legislative power, which makes and passes laws
    • judicial power, which interprets and applies laws
    • executive power, which runs the country and enforces laws

Further detail

  • Constitutions may divide powers between central and regional governments in federal or unitary systems.

  • Bills of Rights protect fundamental freedoms; in the USA, the first ten amendments include free speech under the First Amendment and due process under the Fifth Amendment.

  • The UK Human Rights Act 1998 incorporates the European Convention on Human Rights.

  • Judicial review of administrative action provides a means for individuals and groups to assert their interests against intrusive state activity.

  • Written constitutions are often regarded as rigid because they place sovereignty in law above government, and some entrench key features such as Germany’s protection of federalism.

πŸ“Œ In the USA, constitutional change requires approval by two-thirds of Congress and ratification by three-quarters of state legislatures.

Memory Hook

A constitution enables government while limiting the exercise of governmental power.

β˜… Must-know

  • The French Constitution establishes the highest legal principles, organizes public powers, protects citizens’ rights and freedoms, and is supreme over other legal sources.

πŸ“Œ The United Kingdom has no constitution contained entirely in one written document, but it has constitutional law expressed in fundamental rules made by Parliament and courts. - R (Miller) v Secretary of State for Exiting the European Union, 2016

Further detail

  • The French constitutional block comprises: 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, the Fundamental Principles Recognized by the Laws of the Republic

  • The French Constitutional Council uses the constitutional block to review new laws.

  • UK constitutional rules govern the exercise of public power, distribute decision-making authority among state entities, and define the extent of their powers. - R (Miller) v Secretary of State for Exiting the European Union, 2016

Synthesis Tables

Civil Law and Common Law Traditions

DimensionCivil lawCommon law
OriginsRoman law, with Germanic influencesEngland, from the 11th century
Primary sourceCodes and legislationJudicial decisions and jurisprudence
Judicial roleGenerally applies existing rulesInterprets law and may establish new rules
ReasoningGeneral principles to specific casesFact patterns to rules

Test yourself

Take a 17-question practice quiz on Fundamental Legal Concepts, with every answer explained.

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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Study with flashcards

Memorize the key concepts of Fundamental Legal Concepts with 51 flashcards.

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

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

What gives law its official authority?

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

What does the principle that law applies equally mean?

No one is above the law.

See the flashcards β†’

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