Why is Spain in a deficit? (Spain)
- more imports than exports
- lack of natural resources
- dependence on Petrol
- lack of natural resources
- dependence on Petrol
Name some trade customs from the Kazakhstan Republic. (Kazakhstan)
- An indirect style of communication is used
- It is very important to use first names
- Documents are translated into English and Russian
- A handshake is a common form of greeting
- It is very important to use first names
- Documents are translated into English and Russian
- A handshake is a common form of greeting
Is Kazakhstan a civil or common law country? How is commercial law distinguished?
(Kazakhstan)
(Kazakhstan)
- Civil law
- Kazakhstan does not distinguish commercial law from civil law in its legislation.
- Kazakhstan does not distinguish commercial law from civil law in its legislation.
What is required when you enter the country as a businessman? (Saudi Arabia)
A Saudi sponsor
Is the Japanese system a common or civil law? (Japan)
- It is a hybrid of continental and anglo-American law.
- The Japanese civil code was originally a literal translation of German law
- After WWII common law became a key system and the constitution was created
- The Japanese civil code was originally a literal translation of German law
- After WWII common law became a key system and the constitution was created
Compare/Contrast the executive branch of the Trias Politica for Japan and the NL. (Japan)
There is an emperor, Prime Minister, and cabinet. The Emperor is a figurehead (like the Queen in the NL), the PM is the head of the government, and the cabinet holds the power.
What is droit administrative? (Sweden)
The body of laws that govern the activities of administrative agencies of the government
Is Sweden based on trias politicas? (Sweden)
No, there are only 2 bodies: Riksdag (legislative and executive) and High Court (judicial)
* there is separation of powers!
* there is separation of powers!
What did the Quebec Act of 1774 do to Canada's law system? (Canada)
it restored the use of the French civil law system in Quebec for private matters
What are some issues of having two different law systems in one country? (Canada)
- lawyers must know both systems
- hard to bring it across the country
- in contractual situations, you have to state which law you should refer to
- hard to bring it across the country
- in contractual situations, you have to state which law you should refer to
Make your own description of law.
Law is a group of rules and regulations that govern over a society.
Which sources of law can be distinguished in the several periods of the Roman Empire and do they have much influence on the law today?
-Corpus iuris civilis – a new collection of old rules
-Twelve Tables – contains solutions to the social problems of the time and cannot be categorized as a real codification
-Twelve Tables – contains solutions to the social problems of the time and cannot be categorized as a real codification
Name two resemblances and two differences between Islamic and Hindu law.
- Both have religious writings at the base of their social and/or economic life
- Both are influenced by their colonial period
- Islamic = Koran, if customary law from the Arab peoples did not seem to go well with the belief in Allah, Muhammad would change or add to the customary law. Sunna, documents contain material of the successive stages of doctrinal development during the first centuries of Islam – only 1 god (Allah)
- Hindu – does not matter where you live, the law always applies to you.
- Both are influenced by their colonial period
- Islamic = Koran, if customary law from the Arab peoples did not seem to go well with the belief in Allah, Muhammad would change or add to the customary law. Sunna, documents contain material of the successive stages of doctrinal development during the first centuries of Islam – only 1 god (Allah)
- Hindu – does not matter where you live, the law always applies to you.
Which factors contribute to making the common law family a family of their own?
Sources of law: court decisions, customs, legislation, conventions
Explain in your own words: what is Common Law and what is Equity? Is there another source of law in this system?
Common Law – a complete body of law in which court decisions are regarded first, lawyers refer to cases rather than articles, and judges have more freedom
Equity – writs were regarded as “the law” until 1300
Common law is main rule
Equity is a specific performance (supplement/writs)
Equity – writs were regarded as “the law” until 1300
Common law is main rule
Equity is a specific performance (supplement/writs)
Could you explain the most characteristic feature of the decision of the Court of Cassation in France?
The most characteristic feature is to see the distinction between common and civil law.
What is the legal resemblance between the Soviet regime in Russia, and the People’s Republic of China in the past? Can you also find a striking difference in the present?
Similarity: Communist system (socialist) – no difference between public/private law
Difference: Russia tried to introduce the Democratic idea/idea of ownership… led to chaos. Chinese still have centralized control, more power.
Difference: Russia tried to introduce the Democratic idea/idea of ownership… led to chaos. Chinese still have centralized control, more power.
True or False? If a judge in England grants damages for breach of contract, this would be an action of equity.
False
True or False?
Napoleon had great personal influence on the draft of the Civil Code.
Napoleon had great personal influence on the draft of the Civil Code.
True
True or False?
The Nordic enactments can be characterized as learned codes.
The Nordic enactments can be characterized as learned codes.
FALSE (German code is “learned code”)
True or False?
The German Civil code was the first code as a result of the Enlightenment.
The German Civil code was the first code as a result of the Enlightenment.
FALSE (Code Civil)
True or False?
The teachings of Confucius are at the base of the way legal disputes are resolved.
The teachings of Confucius are at the base of the way legal disputes are resolved.
True
Where do you come from and in which of the families of law can you put your country’s law? Which factors are decisive in putting your country’s law in the family of your choice?
I come from the USA. My country has a common law family. The fact that we depend heavily on court decisions (precedents) and our judges are allowed much freedom. Also, lawyers will refer to cases during a court session rather than articles.
Which of the four sources of law is considered to be the most important in the NL and why?
The legislative, because precedent is hardly looked at. A lawyer will first look at the legislation that covers the problem before consulting the other sources of law.
Is this private or civil law, and public or administrative law?
Company A enters into a sales agreement with Company B
Company A enters into a sales agreement with Company B
Private law – it is a legal relationship between citizens
Is this private or civil law, and public or administrative law?
Company B needs a building permit of the Council of Burgomaster and Alderman to build a new factory
Company B needs a building permit of the Council of Burgomaster and Alderman to build a new factory
Public – the Council grants the permits
Is this private or civil law, and public or administrative law?
Company A needs a license to dismiss employee X
Company A needs a license to dismiss employee X
BOTH Public – the company needs the license from the government
Private – labor contract
Private – labor contract
Is this private or civil law, and public or administrative law?
In principle, business expenses are tax deductible for both companies (A and B)
In principle, business expenses are tax deductible for both companies (A and B)
Public – taxes are public law
Is this private or civil law, and public or administrative law?
A gets married to B
A gets married to B
Private – relationship issue (contract)
Is this private or civil law, and public or administrative law?
A three-judge panel hears and determines cases of all serious criminal offenses
A three-judge panel hears and determines cases of all serious criminal offenses
Public – criminal offenses are public law
Is this private or civil law, and public or administrative law?
Driver A ignores a red light and as a result crashes into another car
Driver A ignores a red light and as a result crashes into another car
BOTH Private and Public – Private for the insurance, public for the traffic violation
Is this private or civil law, and public or administrative law?
Company A rents a part of a government building to start another service point
Company A rents a part of a government building to start another service point
Private – the government authority is exercising the same authority as a citizen (renting a building)
Try to explain in your own words why it is important to make a distinction between private and public law
There needs to be a distinction in order to make sure people are tried fairly. Without distinction, laws can be interpreted very differently and many lines may be crossed without intention. By having the distinction, the law remains just.
True/False, why?
Public law consists largely of permissive law
Public law consists largely of permissive law
False – consists largely of mandatory law
True/False, why?
Private law only consists of permissive law
Private law only consists of permissive law
False – private law MOSTLY consists of permissive law
True/False, why?
The Code of Civil Procedure contains substantive law
The Code of Civil Procedure contains substantive law
False – the Code of Civil Procedure contains procedural law The Dutch Civil Code contains substantive law
True/False, why?
The European Convention on Jurisdiction and Enforcement of Foreign Judgments contains procedural law
The European Convention on Jurisdiction and Enforcement of Foreign Judgments contains procedural law
True
True/False, why?
The Convention of the International Sales of Goods contains substantive law
The Convention of the International Sales of Goods contains substantive law
True – because you can deviate from it (it’s about contracts… private law – almost every time will be substantive)
True/False, why?
The Netherlands has always been a Kingdom
The Netherlands has always been a Kingdom
False – it was once a republic
True/False, why?
The government is the highest ranked (national) legislator in the NL
The government is the highest ranked (national) legislator in the NL
False – parliament is
True/False, why?
The Dutch government consists of the Queen and the ministers
The Dutch government consists of the Queen and the ministers
True (art. 42) – but Queen has no power
True/False, why?
The NL doesn’t have a Constitutional court. The constitutional review of Acts of Parliament is left to the Queen
The NL doesn’t have a Constitutional court. The constitutional review of Acts of Parliament is left to the Queen
False – the Queen doesn’t participate in the happenings of the government
True/False, why?
The water control boards or polders are examples of territorial decentralization
The water control boards or polders are examples of territorial decentralization
False – it is a form of functional decentralization
True/False, why?
There are three independent courts in the NL, the rechtbank, the gerechtshof, and the hoge raad
There are three independent courts in the NL, the rechtbank, the gerechtshof, and the hoge raad
True – but kind of false because there are many other kinds of courts
True/False, why?
Art. 120 Dutch Constitution does not allow judges to look into Acts of Parliament
Art. 120 Dutch Constitution does not allow judges to look into Acts of Parliament
True – the constitutionality may not be reviewed
True/False, why?
Because of the high density of rules in the NL, more litigation in formal courts takes place than in neighboring countries such as Germany and Belgium
Because of the high density of rules in the NL, more litigation in formal courts takes place than in neighboring countries such as Germany and Belgium
False – difference in how attorneys’; fees are calculated and paid AND the different numbers of alternative and pre-court conflict institutions
Name the four sources of law:
- legislation (law books and written law)
- court decisions (precedent)
- customs
- conventions/treaties
- court decisions (precedent)
- customs
- conventions/treaties
What does public law concern?
- criminal
- penal
- quotas
- tax
- licenses
- tariffs
- permits
- penal
- quotas
- tax
- licenses
- tariffs
- permits
What are the sources of law (in order) for common law?
court decisions, customs, legislation, conventions
What are the sources of law (in order) for civil law?
legislation, conventions, court decisions, customs
What must be there for the CISG to take effect? And which article can this be found in?
Article 1:
- contract of sale
- goods (moveable/tangible)
- B2B
- different states (countries)
- contract of sale
- goods (moveable/tangible)
- B2B
- different states (countries)
Which article in the CISG?
Formation of a contract: definition of an offer
Formation of a contract: definition of an offer
Articles 14-17
Which article in the CISG?
Formation of a contract: definition of acceptance
Formation of a contract: definition of acceptance
Articles 18-22
Which article in the CISG?
Obligation of buyer: relay the non-conformed goods to seller
Obligation of buyer: relay the non-conformed goods to seller
Article 39
Which article in the CISG?
Seller BOC: avoiding contract
Seller BOC: avoiding contract
Article 49
Must be fundamental breach
Must be fundamental breach
Kartensatzinfo:
Autor: CoboCards-User
Oberthema: Law
Thema: International Law
Veröffentlicht: 05.04.2011
Schlagwörter Karten:
Alle Karten (90)
keine Schlagwörter
