Introduction au droit Flashcards (67 cards)

All cards

1Question

What two legal orders do jusnaturalists recognize?

Answer

Natural law and positive law.

2Question

Which authority-based approach recognizes only human-made law?

Answer

Legal positivism.

3Question

Who developed the pure theory of law, and what is its title?

Answer

Hans KELSEN, *théorie pure du droit*.

4Question

Which source must each norm conform to in Kelsen’s theory?

Answer

The immediately superior norm.

5Question

What does objective law consist of?

Answer

Rules of conduct imposed on members of society and enforceable by public authority.

6Question

What three functions characterize a rule of law?

Answer

It guides conduct, applies generally, and is backed by sanctions for noncompliance.

7Question

How does a rule of law address people in identical situations?

Answer

It applies generally and impersonally to a category of people, not a named individual.

8Question

What does Article 6 of the DDHC state about the law?

Answer

The law is the same for everyone, whether it protects or punishes.

9Question

What makes legal rules different from moral and religious rules?

Answer

Legal rules come from state authority and may be enforced by public force.

10Question

What does public law govern?

Answer

The organization of the state, public entities, and their relations with private individuals.

11Question

Which fields borrow from both public and private law?

Answer

Environmental, digital, and consumer law.

12Question

What stands at the top of the hierarchy of legal norms presented in the course?

Answer

The Constitution.

13Question

According to Kelsen’s hierarchy of norms, what may a lower norm not do?

Answer

Contradict a higher norm.

14Question

Which article prohibits judges from refusing to decide a case because the law is silent, unclear, or insufficient?

Answer

Article 4 of the Civil Code.

15Question

What does Article 4 of the Civil Code prohibit when a judge refuses to decide a case?

Answer

Denial of justice.

16Question

What are subjective rights?

Answer

Individual prerogatives recognized by objective law that a person may assert in dealings with others.

17Question

What distinguishes patrimonial rights from extra-patrimonial rights in monetary value?

Answer

Patrimonial rights have pecuniary value; extra-patrimonial rights cannot be evaluated in money.

18Question

Which transfer and creditor-enforcement traits characterize patrimonial rights?

Answer

They are transferable, transmissible, and seizable by creditors.

19Question

What two sources can give rise to a legal right?

Answer

A legal fact or a legal act.

20Question

How must a legal act generally be proved?

Answer

By written evidence.

21Question

How may a legal fact be proved?

Answer

By any means of evidence.

22Question

Which author describes “non-law” as social relations voluntarily escaping the reach of law?

Answer

Jean Carbonnier.

23Question

Why do individuals remain outside the reach of law in Carbonnier’s account of “non-law”?

Answer

They choose not to use the law.

24Question

What makes a rule legally binding according to Léon Duguit’s School of Public Service?

Answer

It is perceived as necessary for life in society.

25Question

What social foundation does Léon Duguit give to law in the School of Public Service?

Answer

Social solidarity and the concrete interdependence of individuals.

26Question

Which function does the executive power perform in France?

Answer

It governs.

27Question

Under Articles 49.2 and 49.3, when can a government be overthrown or a bill adopted without a vote?

Answer

A government can be overthrown by a motion of censure; a bill can pass without a vote if no motion is filed and voted on within 24 hours.

28Question

Which two houses make up the French Parliament?

Answer

The National Assembly and the Senate.

29Question

In a regime with fusion of powers, which functions does one organ combine?

Answer

Executive and legislative functions.

30Question

In the course’s account of the United States, what makes strict separation of powers mutual?

Answer

The executive and legislative branches are independent of each other.

31Question

In a strict separation regime, what can the president not do to Congress?

Answer

Dissolve Congress.

32Question

In a strict separation regime, how can Congress not remove the president?

Answer

By a vote of no confidence.

33Question

In a parliamentary regime with flexible separation, to whom is the executive accountable?

Answer

The legislature.

34Question

In a parliamentary regime with flexible separation, what power does the executive have in return?

Answer

The power to dissolve the legislature.

35Question

What rules make up positive law in a state at a given time?

Answer

The legal rules in force and applicable there.

36Question

What must a claimant prove under “Actori incumbit probatio”?

Answer

The obligation whose performance they claim.

37Question

Which thinkers are named for the ancient natural-law conception?

Answer

Plato and Aristotle.

38Question

How may a natural-law judge respond to a radically unjust law?

Answer

The judge may set it aside.

39Question

Which work is cited for Hart’s sociological and analytical positivism?

Answer

HART, *The Concept Of Law*.

40Question

What does sociological positivism say law reflects?

Answer

The collective consciousness.

41Question

How long does a rule of law apply?

Answer

Continuously until it is expressly or implicitly repealed.

42Question

What may repeated judicial solutions become when the law is silent, ambiguous, or obsolete?

Answer

Solutions that courts may follow in future cases.

43Question

What legal force do repeated judicial solutions have?

Answer

They do not have the force of law.

44Question

What is a custom in law?

Answer

A general practice perceived as obligatory by those who follow it.

45Question

Which legal fields retain custom as a source of law?

Answer

Commercial law and local law in Alsace-Moselle.

46Question

Which legal rights belong to the patrimonial category?

Answer

Real rights and personal rights, including claims for what is owed.

47Question

Which rights are examples of extra-patrimonial rights?

Answer

Personality rights and family rights.

48Question

Which constitutional theory shapes the organization of France’s public powers under the 1958 Constitution, and who developed it?

Answer

The separation of powers, theorized by Montesquieu in *L’Esprit des lois*.

49Question

Since the 1962 constitutional reform, how has the French president been elected?

Answer

By direct universal suffrage.

50Question

How long has the French presidential term lasted since the 2000 constitutional revision?

Answer

Five years.

51Question

Which constitutional articles mention the president’s own powers?

Answer

Articles 19, 8, 12, 11, and 16.

52Question

Under Article 45, which chamber can receive the final say after persistent disagreement between France’s parliamentary chambers?

Answer

The National Assembly.

53Question

Which author is credited with the concept of a hybrid or semi-presidential regime?

Answer

Maurice DUVERGER.

54Question

What combination makes the Fifth Republic a hybrid or semi-presidential regime?

Answer

It combines parliamentary features with features close to a presidential regime.

55Question

What relationships does private law govern?

Answer

Relations between private individuals or between them and the state.

56Question

What does “législateur” designate?

Answer

Any institution that participates in creating laws.

57Question

What does it mean to stipulate?

Answer

To set out in writing the scope or consequences of an agreement.

58Question

Who can stipulate?

Answer

A natural person.

59Question

What does “Ubi societas ibi ius” express?

Answer

Human groups produce rules to organize themselves.

60Question

What does “Ubi lex non distinguit nec nos distinguere debemus” require?

Answer

An interpreter must not introduce a distinction the law does not make.

61Question

When does “Specialia generalibus derogant” apply?

Answer

A special rule takes precedence over a general rule governing the same situation.

62Question

What does “Pacta sunt servanda” mean?

Answer

Agreements must be respected.

63Question

What characterizes soft law’s legal force and influence?

Answer

It is nonbinding but can influence behavior.

64Question

What must legal certainty enable people to do about legal consequences?

Answer

Know, understand, and predict them.

65Question

Who receives and establishes an authentic instrument?

Answer

A competent public officer.

66Question

What is a legal presumption based on?

Answer

A known fact used to treat another fact as true.

67Question

When does the presumption of innocence apply?

Answer

Until a judgment has been rendered.

Test yourself with the quiz

Answer 24 questions on Introduction au droit.

1. How do jusnaturalists understand the relationship between natural law and positive law?

2. A legal theorist holds that a statute is legally valid because it was enacted by a competent human authority, even if it conflicts with an ideal of justice. Which doctrine does this reflect?

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