LEG100 EXAM QUESTIONS AND VERIFIED ANSWERS
What is Law? - Answers - The law regulates behaviour, distinguishes between
acceptable behaviour and sets boundaries between competing interests.
What happens when the Law is breached? - Answers - They have legal consequences
due to the need of ordering society and resolving disputes.
Conflicts of Law - Answers - Law is seen differently by different groups in society -->
culture, morals, and beliefs dictate what is seen as a crime or a social rule.
Social rule? - Answers - social rules are not quite legal but they still have
consequences, e.g., mask-wearing during COVID-19
Society and Law - Answers - Society needs rule-based order. Otherwise, respect for the
law is lost - law can change social values and social values can shape the law.
Natural Law Theory - Answers - Moral codes that exist in nature and is universal (linked
with divine law).
Legal Positivism - Answers - The law only exists when it is posited: declared by an
authority with the power to do so (e.g., a court).
Hobbes - Answers - The leviathan rescues people from the state of nature - social
contract theory:
People give up natural rights/freedoms to establish an order to uphold the law, leading
toto the King's rule or the leviathan's rule.
- The social contract is an agreement among people regarding Leviathan.
- people cannot revolt against the King (social contract is a one-time only).
Locke - Answers - The social contract:
- Natural rights cannot be taken away; the contract agreement between the people and
the Kind did not extinguish all rights.
- ownership of land/property is the most important right
- separation of powers
- male landowners should be in parliament and have the right to vote.
- the king is not an absolute ruler; if the rules fail to respect natural rights, they can be
removed.
Montesquieu - Answers - Introduced separation of powers (executive, judicial and
legislative).
Rousseau - Answers - The social contract and the general will - no King but a direct
democracy to answer to 'the people'.
,Three meanings of common law - Answers - 1. Common law vs civil law = A legal
system - an English system that relies on the doctrine of precedent. DOP is when
judges rely on past decisions made in court.
2. Common law vs legislation = A source of law - judge-made law within the court.
Different but inferior to legislation. Legislation can overrule.
3. Common law vs equity - law about obligations/rights.
What is common/case law - Answers - A body of unwritten laws based on legal
precedents established by courts. It draws from institutionalised opinions and
interpretations from judicial authorities and public juries. Common laws sometimes
inspire new legislation to be enacted.
What is International Law - Answers - A branch of law that governs the rights and
responsibilities of states (towards each other and other entities).
What does international law primarily relate to? - Answers - - Rights and duties of states
= economy, military, trade, nuclear weapons, status, etc.
- Facilitating interactions between states, such as showing them how to make binding
treaties.
- Increasingly, other entities.
Sources of international law - Answers - 1. International conventions of treaties
(bilateral, multilateral conventions, e.g., trade, rules of war, human rights, environmental
policies).
2. Customary international law (laws accepted by states)
3. General principles recognised by civilised nations
4. Judicial decisions of the writing of 'the most qualified publications;
International Law and the separation of powers: - Answers - - The UN General
Assembly provides non-binding resolutions, and the UN Security Council provides
binding resolutions.
- No executive/police, but there are peacekeeping forces (do not need the state's
permission to work where deployed).
- NO courts with compulsory jurisdictions.
Private and public international law - Answers - Private (conflict of laws) = addresses
questions of applicable law when there is a cross-national dimension - civil, commercial,
family matters, or disputed between individuals and businesses.
Public (PIL) = law governing the relations between states through CIL, treaties,
conventions and general principles.
Public and Private (normal) law - Answers - Public = law regulating the relationship
between the citizen and the state. Sub-branches are constitutional law and
administrative law.
, Private = regulates the relationship between individuals; including the main branches of
common law: contract, tort, property and equity
What is meant by 'conflict of laws'? - Answers - It determines which law is applicable
when there is a cross-nation dimension of jurisdictions. This occurs when multiple
jurisdictions or states are involved in a case (in private international law). It is commonly
seen when there are crimes at sea.
National vs International Laws - Answers - National = defines and enforces the legal
rights and obligations of natural (human) and legal (corporate) persons. Within a single
'body politic' (legal jurisdiction).
International = defines and enforces states' legal rights and obligations and interacts
with each other.
Differences between civil and criminal cases: - Answers - Criminal: individual or
organisation vs state or community. Proof beyond a reasonable doubt. Harsher
consequences = incarceration, probation, larger fines, community service. It is legal law.
Civil: involves private disputes between persons or organisations. A jury is not used.
Commonly involves damages to goods/property. The state is not involved unless it is a
party. It is private law.
What is a 'friend of the court'? - Answers - They are not parties to the proceedings but
assist the court on a point of law that might be overlooked otherwise. They support legal
facts with evidence. It is an individual or organisation that offers information to a case.
Common law and equity - Answers - They are two distinct but interconnected legal rules
and procedures systems. They worked side by side, each contributing to the
development of the legal system. The historical division between common law and
equity has been abolished, and equity principles are applied alongside common law
principles in a unified legal system.
Civil vs Common law tradition: - Answers - Civil = includes general and detailed rules
and formal and formalised systems - like a code model.
Common = includes rules, values, principles, procedures and institutions. Judge's
decisions in pending cases are informed by the decisions made in previous cases
(doctrine of precedent).
Branches of Law - Answers - By subject matter - criminal, constitutional, employment,
international.
Substantive/procedural law - substantive law (rules regarding actions, prohibited acts,
and subjective elements (mental)), and procedural law (how do cases start - rules of
evidence).
Sources of Law: - Answers - Parliament - act, legislation or statute.
Delegated (subordinate legislation - rules, regulations and ordinances - administrative
law comes in here).
What is Law? - Answers - The law regulates behaviour, distinguishes between
acceptable behaviour and sets boundaries between competing interests.
What happens when the Law is breached? - Answers - They have legal consequences
due to the need of ordering society and resolving disputes.
Conflicts of Law - Answers - Law is seen differently by different groups in society -->
culture, morals, and beliefs dictate what is seen as a crime or a social rule.
Social rule? - Answers - social rules are not quite legal but they still have
consequences, e.g., mask-wearing during COVID-19
Society and Law - Answers - Society needs rule-based order. Otherwise, respect for the
law is lost - law can change social values and social values can shape the law.
Natural Law Theory - Answers - Moral codes that exist in nature and is universal (linked
with divine law).
Legal Positivism - Answers - The law only exists when it is posited: declared by an
authority with the power to do so (e.g., a court).
Hobbes - Answers - The leviathan rescues people from the state of nature - social
contract theory:
People give up natural rights/freedoms to establish an order to uphold the law, leading
toto the King's rule or the leviathan's rule.
- The social contract is an agreement among people regarding Leviathan.
- people cannot revolt against the King (social contract is a one-time only).
Locke - Answers - The social contract:
- Natural rights cannot be taken away; the contract agreement between the people and
the Kind did not extinguish all rights.
- ownership of land/property is the most important right
- separation of powers
- male landowners should be in parliament and have the right to vote.
- the king is not an absolute ruler; if the rules fail to respect natural rights, they can be
removed.
Montesquieu - Answers - Introduced separation of powers (executive, judicial and
legislative).
Rousseau - Answers - The social contract and the general will - no King but a direct
democracy to answer to 'the people'.
,Three meanings of common law - Answers - 1. Common law vs civil law = A legal
system - an English system that relies on the doctrine of precedent. DOP is when
judges rely on past decisions made in court.
2. Common law vs legislation = A source of law - judge-made law within the court.
Different but inferior to legislation. Legislation can overrule.
3. Common law vs equity - law about obligations/rights.
What is common/case law - Answers - A body of unwritten laws based on legal
precedents established by courts. It draws from institutionalised opinions and
interpretations from judicial authorities and public juries. Common laws sometimes
inspire new legislation to be enacted.
What is International Law - Answers - A branch of law that governs the rights and
responsibilities of states (towards each other and other entities).
What does international law primarily relate to? - Answers - - Rights and duties of states
= economy, military, trade, nuclear weapons, status, etc.
- Facilitating interactions between states, such as showing them how to make binding
treaties.
- Increasingly, other entities.
Sources of international law - Answers - 1. International conventions of treaties
(bilateral, multilateral conventions, e.g., trade, rules of war, human rights, environmental
policies).
2. Customary international law (laws accepted by states)
3. General principles recognised by civilised nations
4. Judicial decisions of the writing of 'the most qualified publications;
International Law and the separation of powers: - Answers - - The UN General
Assembly provides non-binding resolutions, and the UN Security Council provides
binding resolutions.
- No executive/police, but there are peacekeeping forces (do not need the state's
permission to work where deployed).
- NO courts with compulsory jurisdictions.
Private and public international law - Answers - Private (conflict of laws) = addresses
questions of applicable law when there is a cross-national dimension - civil, commercial,
family matters, or disputed between individuals and businesses.
Public (PIL) = law governing the relations between states through CIL, treaties,
conventions and general principles.
Public and Private (normal) law - Answers - Public = law regulating the relationship
between the citizen and the state. Sub-branches are constitutional law and
administrative law.
, Private = regulates the relationship between individuals; including the main branches of
common law: contract, tort, property and equity
What is meant by 'conflict of laws'? - Answers - It determines which law is applicable
when there is a cross-nation dimension of jurisdictions. This occurs when multiple
jurisdictions or states are involved in a case (in private international law). It is commonly
seen when there are crimes at sea.
National vs International Laws - Answers - National = defines and enforces the legal
rights and obligations of natural (human) and legal (corporate) persons. Within a single
'body politic' (legal jurisdiction).
International = defines and enforces states' legal rights and obligations and interacts
with each other.
Differences between civil and criminal cases: - Answers - Criminal: individual or
organisation vs state or community. Proof beyond a reasonable doubt. Harsher
consequences = incarceration, probation, larger fines, community service. It is legal law.
Civil: involves private disputes between persons or organisations. A jury is not used.
Commonly involves damages to goods/property. The state is not involved unless it is a
party. It is private law.
What is a 'friend of the court'? - Answers - They are not parties to the proceedings but
assist the court on a point of law that might be overlooked otherwise. They support legal
facts with evidence. It is an individual or organisation that offers information to a case.
Common law and equity - Answers - They are two distinct but interconnected legal rules
and procedures systems. They worked side by side, each contributing to the
development of the legal system. The historical division between common law and
equity has been abolished, and equity principles are applied alongside common law
principles in a unified legal system.
Civil vs Common law tradition: - Answers - Civil = includes general and detailed rules
and formal and formalised systems - like a code model.
Common = includes rules, values, principles, procedures and institutions. Judge's
decisions in pending cases are informed by the decisions made in previous cases
(doctrine of precedent).
Branches of Law - Answers - By subject matter - criminal, constitutional, employment,
international.
Substantive/procedural law - substantive law (rules regarding actions, prohibited acts,
and subjective elements (mental)), and procedural law (how do cases start - rules of
evidence).
Sources of Law: - Answers - Parliament - act, legislation or statute.
Delegated (subordinate legislation - rules, regulations and ordinances - administrative
law comes in here).
