LEG100 EXAM PREP QUESTIONS AND VERIFIED
ANSWERS
What is law?
Law = rules, the breach of which may have legal consequences
What is a social rule? How are social rules enforced?
Social law draws a line between different types of unacceptable behaviour and sets
boundaries between competing interests
Can law change social values?
Yes, 1970s new offenses for elevated BAC
Can social values shape laws?
Yes, Commonwealth / federal government amendment regarding marriage equality
2016
Natural law theory is...
- moral code and standard that exists in nature, and is universal
MORAL
Legal positivism says...
that law only exists when it is 'posited', meaning declared by an authority with the power
to do so - for example, a legislature or a court.
DECLARED
Ways to classify law
• National and international law
• Types of legal systems (common law and civil law)
• Private and public law
• Criminal and civil law
• Common law and equity
International Law
, referred to as the 'rules-based order' in international relations
'governs the rights and responsibilities of States (towards each other, and other entities)
International law primarily relates to:
• Rights and duties of States
• Economy, military, trade, nuclear weapons, status, etc
• 'Facilitating' interaction between States, such as showing them how to make binding
treaties (see also law of diplomatic relations) - procedures
Private international law
(conflict of laws) - addresses questions of
applicable law when there is a cross-national dimension - civil,
commercial, family matters, or between individuals or businesses
Public International law (PIL)
- the law governing the relations between
States, through CIL, Treaties, Conventions, and general principles
National law primarily:
• Defines and enforces the legal rights and obligations of natural
(Human) and legal (corporate) persons;
International law primarily:
• Defines and enforces the legal rights and obligations of States
• Interacting with each other
Civil Law
the system of law concerned with private relations between members of a community
rather than criminal, military, or religious affairs.
LEGISLATION
Common law
a system of law based on precedent and court rulings
PRECEDENT
Common law -v- legislation
law made by courts (as opposed to that made by
parliament). This meaning of common law can also be referred to as judge-made
ANSWERS
What is law?
Law = rules, the breach of which may have legal consequences
What is a social rule? How are social rules enforced?
Social law draws a line between different types of unacceptable behaviour and sets
boundaries between competing interests
Can law change social values?
Yes, 1970s new offenses for elevated BAC
Can social values shape laws?
Yes, Commonwealth / federal government amendment regarding marriage equality
2016
Natural law theory is...
- moral code and standard that exists in nature, and is universal
MORAL
Legal positivism says...
that law only exists when it is 'posited', meaning declared by an authority with the power
to do so - for example, a legislature or a court.
DECLARED
Ways to classify law
• National and international law
• Types of legal systems (common law and civil law)
• Private and public law
• Criminal and civil law
• Common law and equity
International Law
, referred to as the 'rules-based order' in international relations
'governs the rights and responsibilities of States (towards each other, and other entities)
International law primarily relates to:
• Rights and duties of States
• Economy, military, trade, nuclear weapons, status, etc
• 'Facilitating' interaction between States, such as showing them how to make binding
treaties (see also law of diplomatic relations) - procedures
Private international law
(conflict of laws) - addresses questions of
applicable law when there is a cross-national dimension - civil,
commercial, family matters, or between individuals or businesses
Public International law (PIL)
- the law governing the relations between
States, through CIL, Treaties, Conventions, and general principles
National law primarily:
• Defines and enforces the legal rights and obligations of natural
(Human) and legal (corporate) persons;
International law primarily:
• Defines and enforces the legal rights and obligations of States
• Interacting with each other
Civil Law
the system of law concerned with private relations between members of a community
rather than criminal, military, or religious affairs.
LEGISLATION
Common law
a system of law based on precedent and court rulings
PRECEDENT
Common law -v- legislation
law made by courts (as opposed to that made by
parliament). This meaning of common law can also be referred to as judge-made
