1.

What is the law?

The law is set of the rules which is created by sovereign state to keep social order, legal certainty and
justice in society. Law is guiding of behavior for individuals. It is a set of rules and principles that
govern any society. It is a compilation of rights and duties, providing rules on how people should
behave and the remedy for when something happens as a result of not following such rules.
2.

What is purpose of law?

The law serves many purposes and functions in society. Four principal purposes and functions are
establishing standards, maintaining order, resolving disputes and protecting liberties and rights.

3.

Explain shortly maintaining order as one of the purposes of law?

This is an offshoot of establishing standards. Some semblance of order is necessary in a civil society
and is therefore reflected in the law. The lawwhen enforcedprovides order consistent with
societys guidelines.
4.

Explain shortly resolving disputes as one of the purposes of law?

Disputes are unavoidable in a society made of persons with different needs, wants, values, and
views. The law provides a formal means for resolving disputesthe court system. There is a federal
court system and each state has its own separate court system. There are also various less formal
means for resolving disputescollectively called alternative dispute resolution (ADR).
5.

Explain shortly liberties and rights as one of the purposes of law?

A purpose and function of the law is to protect various liberties and rights from violations or
unreasonable intrusions by persons, organizations, or government. Example: Someone who believes
that his free speech rights have been prohibited by the government may pursue a remedy by
bringing a case in the courts.
6.

What is norm?

Norm is an accepted standard or a way of behaving or doing things that most people agree with. It is
also a situation or type of behaviour that is expected and considered to be typical.
7.

List three main parts of legal norm with one example?

1.HYPOTESIS (Description of the behavior) 2. DISPOSITION (evaluation of behavior) 3. SANCTION

* Who kills a person, commits a murder, and shall be punished with inprisonment at least for ten
years.*
8.

What is the function of legal norm?

Function of a legal norm is to maintain order, prevent conflict and shape and development of society.
9.

List three main sources for creation the law?

Customs the eldest sources of law ; legislative normsmaking process and judcial lawmaking
felxibility, individuality, shaping the law.
10.

There are two main forms of sources of law/norms. List them and shortly explain?

Written (law, acts) and Unwritten (case law).

Unwritten rules, principles, and norms that have the effect and force of law though they have not
been formally enacted by the government. Disputes in primitive societies are resolved informally,
through appeal to unwritten maxims of fairness or popularly accepted modes of behavior.
Written law is the most important source of law. It refers to the laws contained in the Federal and
State Constitutions and in a code or a statute.

1. Who can make a norm in one legal system?

Authorized state agencies adopt legal norms. People have the power to elect people who will cons tute the
law-making authorized state agency.
(Cons tu onal council, legislator, chief of the state, government, ministry, council, court and lower
administra ve organs.)
1. List the hierarchy of formal legal acts in each legal system established by the state?
1.

General rules of the law (for common law tradi on)

2.

Cons tu onal Law (both common law and civil law)

3.

Interna onal agreements and trea es on human right (both common law and civil law)

4.

Ordinary Law (statutes, cases, customary law)

(both common law and civil law)

5.

Case, precedents and court decisions created by higher courts (just for common law)

6.

Regula ons - Individual decisions by the courts or by the administra ve bodies (both

common law and civil law)

1. Explain shortly principle of legality.
Principle of legality founda on of legal system that provides all acts to be according the higher norms.

2. What is the Cons tu on?

The Cons tu on is the third source of common law and is some mes referred to as the supreme law of the
land because its provisions take priority over any other law or statute.
3. The Cons tu on as the highest legal act is consisted of three types of norms. List them.
Norms about: 1) economical system, 2) states organiza on, 3) poli cal & social rights and freedoms.
4. What is the Law as legal act?
The Law as a legal act the wri en form of a set of rules which is created by sovereign state. (easier version:
Law is legal act brought by legislator.)
5. What is the sanc on?
Sanc on is a part of a norm. It is a consequence/penalty and it is enforced by the state.
6. What is described and regulated by legal rules?
Legal rules refer to the inuence and authority of law within society, par cularly describing constraint upon
behavior, including behavior of government ocials & regulate every area of life.
7. List and shortly explain two main condi ons of obeying the law?
1) Legi mate state: legi macy is the popular acceptance of an authority, usually a governing law

or a rgime. Legi macy is "a value whereby something or someone is recognized and
accepted as right and proper". (sources of legi macy: God in theocra c regime, elec on,
tradi on, leaders charisma)
2) Legi mate law: The people who are living current society should be consent/okay the rules
are suitable your society and life.
1. What are social norms?
Social norms are rules of behavior that are considered acceptable in a group or society. These are not
formal rules within society, but they s ll oer great control over the social behavior. People who do/do not
follow these norms may be experience rewards (social approval) or punishments (social disapproval).What
are religious norms?

Norm is an accepted standard or a way of behaving or doing things that most people agree with. It is also
a situa on or type of behaviour that is expected and considered to be typical. Thus, a religious norm is
accepted standard of behaving within a specic religious society that has its norms based on holy sripture
or any other spoken word of their authori es.

1. What are religious norms?

Norm is an accepted standard or a way of behaving or doing things that most people agree
with. It is also a situation or type of behaviour that is expected and considered to be typical.
Thus, a religious norm is accepted standard of behaving within a specific religious society that
has its norms based on holy sripture or any other spoken word of their authorities.
2. What are differences between public and private law?
- public law is that part of the law in which the government as such plays a role, while
- private law is that part of the law in which the government as such does not play a role
(characterizations refers to the government as such because the government can act as a private party. One
example of this is that the police owns a number of police cars. This is not different from ownership by a private
person.)

3. Give and shortly explain two examples of discipline/department for public and private law?
public law:
o Criminal law: there must be done something (or not done if required to be
done) and to which there is a punishment attached. e.g. harm of a person.
o Administrative law: deals with the many interactions between government
agents and civilians or private organizations. e.g. taxes
private law:
o Property law: e.g. sales and ownership
o Contract law: e.g. purchase orders and employment agreements
4. What are the sources of the law in civil law tradition?
The source is court practice.
Historically speaking: compilation of Roman law , religious legal sources, and local custom.
Modern time: Acts of Parliament (Statutes), Regulations, Courts' Decisions, International treaties
and agreements on human rights
5. What are main differences between civil and common law traditions?
The common law tradition emerged in England during the Middle Ages and was applied within
British colonies across continents. The civil law tradition developed in continental Europe at
the same time and was applied in the colonies of European imperial powers such as Spain and
Portugal. Civil law was also adopted in the nineteenth and twentieth centuries by countries
formerly possessing distinctive legal traditions, such as Russia and Japan. Common law is
generally uncodified, there is no comprehensive compilation of legal rules and statutes. While
common law does rely on some scattered statutes, which are legislative decisions, it is largely
based on precedent, meaning the judicial decisions that have already been made in similar
cases. These precedents are maintained over time through the records of the courts as well as
historically documented in collections of case law known as yearbooks and reports. Judges

have an enormous role in shaping American and British law. Common law functions as a

contest between two opposing parties before a judge who moderates. A jury of
ordinary people without legal training decides on the facts of the case. The judge then
determines the appropriate sentence based on the jurys verdict. Civil Law, in contrast, is
codified. Countries with civil law systems have comprehensive, continuously updated legal
codes that specify all matters capable of being brought before a court, the applicable
procedure, and the appropriate punishment for each offense. Such codes distinguish between
different categories of law: substantive law establishes which acts are subject to criminal or
civil prosecution, procedural law establishes how to determine whether a particular action
constitutes a criminal act, and penal law establishes the appropriate penalty. In a civil law
system, the judges role is to establish the facts of the case and to apply the provisions of the
applicable code. The judges decision is consequently less crucial in shaping civil law than the
decisions of legislators and legal scholars who draft and interpret the codes.
6. Give at least two exemplary countries using civil and common law?
Common law: England and America; Civil law: Spain and Russia.
7. What are three solutions in the case of conflicts of norms?
1. Higher norm has priority over the lower norm
2. The later norm has priority over the older one
3. The special norm has priority over the general one/Lex specialisderogat legi generali
8. What is the difference between domestic and international law?
The most important difference between international law and domestic law is how they are
enforced. International law lacks a common executive, which means that there is no power
which can make a state or nation accept a court decision. Thus, the states or countries
operating under international law often have a weak sense of community, meaning that
obeying the law will often come second to that which is seen necessary for survival. Domestic
law, on the other hand, consists of all three branches of government executive, judicial, and
legislative. These three branches are separate from each other and are based on a system of
checks and balances. This limits the power of each branch so that no one becomes too
powerful. Unlike international law, those who violate domestic law will receive a punishment
deemed fit by a court executive, and this punishment will be enforced.
9. What is the difference between substantive and procedural law?
Procedural law provides the process that a case will go through (whether it goes to trial or
not). The procedural law determines how a proceeding concerning the enforcement of
substantive law will occur. Substantive law defines how the facts in the case will be handled,
as well as how the crime is to be charged. In essence, it deals with the substance of the matter.
Even though both are affected by Supreme Court opinions and subject to constitutional
interpretations, each serves a different function in the criminal justice system.
10.
The Education Code lay down: Final exam grade percentage is 50 %; mid-term exam 50
% and IUS Regulation on Exam regulate Final exam grade percentage is 40 %; mid-term exam

60 %. According to that fictional example, what is your solution in the context of conflicts of
norms?
We will apply first solution of conflicts (Higher norm has priority over the lower norm). By
giving priority to the norm having a higher rank, in this case The Educational Code, IUS will
have to accept that rule and adapt to its norms.

31. What is legality and legitimacy of rules? What is the difference between
two of them?

Hierarchy of norms must be brought by a legitimate state/body, which is parliament. All

lower legal acts in hierarchy must be in accordnance with the higher law, and that is called
legality.

32.

33.

34.

What is the state?

The state can be described as a legal person made up of three elements:

a) people (citizenry), b) national territory and c) sovereign public authority.

What is sovereignty?

Sovereignty can be external or internal or both. External sovereignty is independence in

international law. A state that is recognized as independent is a sovereign member of
the international community.

What are two main legal theories and which kind of elements are there to
compare each of two? Explain two elements.

Two main legal theories are: natural law theory and legal positivism. Natural law is a

philosophy that certain rights or values are inherent by virtue of human nature, and
universally cognizable through human reason. According to natural law legal theory, the
authority of legal standards necessarily derives, moral merit of those standards.The law
of nature, being determined by nature, is universal. Natural law is superior to the
human-made laws (positive law) of a given political community, society, or state. The
Positivist Doctrine accepts that we have no means of deriving law from a higher authority.
It points out that the law is made up of social norms which are generally accepted and
adhered to (Jellinek) or are formally enacted (Radbruch) or are regularly enforced (Austin,
Holmes, Llewllyn). Law is conceptually separate from moral and ethical values. Law is
posited by lawmakers, who are humans. Law is ultimately a matter of human custom or
convention.
We can compare each theory according to following elements: law maker, validity,
applying and obeying, relation with moral values, hierarchy of norms, function of the law,
justice or social order.(Explain two elements: The law maintains social order by
establishing and enforcing the rules of social intercourse, and by resolving disputes. In
classical terms, order means a lack of conflict.A legislator (or lawmaker) is a person who
writes and passes laws, especially someone who is a member of a legislature. Legislators
are usually politicians and are often elected by the people of the state.)

35.

What are the functions of law? Explain what is the meaning of this
functions?

In the classical theory, the law has certain functions.These are maintaining social order,
providing legal certainty/security, securing and keeping justice and fairness. These
functions is accepted almost with consensus among legal theorists. Providing legal
certainty is called facilitative function. It refers to the degree which the law helps in

ensuring predictability and certainty in behavioral expectations. According to this

perspective, in a rapidly changing society, people need reference points. For example, we
need to know what can happen when we fail to make a car payment.

36.

What are two theories on function of law in society? Compare and

contrast

There are two ideas on the relationship between law and society: The mirror thesis and
the regulatory thesis.
A. THE MIRROR THESIS: This approach defend the law should reflects given society's value,
culture, tradition just like a mirror. law should reflect majority of society but should be
respectful and protect minorities. The law systematically embodies the values of some
people and disregards some values of others. The law of every modern state shows at a
thousand points the influence of both the accepted social morality and wider moral
ideas. The norms of law are derived from and reflect the customs and morality of society.
B. REGULATORY THESIS: In modern life, legal rules penetrate all of the life space. Dominant
trend in modern civil law is to regulate all of life area to maintain social order and legal
certainty. But it is not good method because the law is normativeand coercive.The law
should leave free optional space to individuals. It is boring sometimes you can come up
with rules in everywhere. Law is the instrument to maintain justice but not reshape
society. Shortly, the first idea, which is called mirror thesis, assumes laws
identity/uniformity with society; the second idea, which is called regulatory
thesis, assumes its function within society.

37.

What is obeying the law?

38.

What is legal personality?

Normally, everyone must follow and obey the law. This is legal obligation: The legal rules are
binding. Moral obligation: Everyone should obey the rules morally. General or partial moral
obligation is questionable. The reasons of obeying the law: Sanctions/penalties, social order
and interest, moral reasons, utility of society, living together, social contract and consent, no
awareness etc. There are three theory: utilitarian/consequences, moral/categorical order,
legitimate state and rules/promise and duty. The conditions of obeying the law: Legitimate
state: In political science, legitimacy is the popular acceptance of an authority, usually a
governing law or a rgime. Legitimacy is "a value whereby something or someone is
recognized and accepted as right and proper". The sources of legitimacy: God in theocratic
regime, election, tradition, leaders charisma. Legitimate law: The people who are living
current society should be consent/okey the rules are suitable your society and life. Obeying
the law is a general moral obligation.

Legal personality is the sum of all characteristics of all human beings from the moment they
are born. All human beings have equal rights and duties, regardless of race, sex, age or
nationality.

39. What is legal capacity?

Legal capacity for natural persons starts from the moment when they are not minors anymore,
that is, when they turn 18 years. At that point they may make binding amendments to their
rights, duties and obligations (writing a will, entering into contracts etc.)

40. Who are subjects of law?

Natural persons (their legal personality starts from the moment they are born basic human
rights (ability to have rights and duties), and their legal capacity (capacity to create and
dispose of rights and duties) starts when they turn 18) and legal persons or corporate bodies
(their legal personality and legal capacity are made at the same time when they are
established). Legal persons may be created under Public Law (eg. the State, National
Insurance, Broadcasting Corporations) and under Private Law (associations, charitable
societies, public limited companies, private limited companies, co-operatives).

Law and ethics

40.Who are subjects in law?
Subjects in law are persons,physical or judical,who in law have the capacity to
realize rights and juridical duties.Subjects in law is a necessary element of legal
relations in all branches of law.
41.Explain the main difference between natural persons and legal persons?
Natural personas are human beings who are equally able to have rights and duties
regardless of race,sex,age and nationality.
Legal persons(corporate bodies) are artificial creations which have the capacity to
have rights and duties. The ability to have rights and duties is different from the
capacity to create and dispose of rights and duties. This capacity is reserved to
persons with some experience and full intellectual abilites.
42.What are legal objects?
Anything that is different from persons but may be of use to persons and may be
dealt with in a legal transaction.
Immovable property (land)
tangible movables
intangible property; intangible objects (debts, shares in a company,
negotiable instruments, patents and designs, trade marks and trade names,
copyright)
43.Do you have obligation of obeying the unfair rules?Why or why not?
We have no general obligation to obey the unfair rule but we have to take care
with any particular act of disobedience.To maintain peaceable society some
degree of injustice ought to be tolerated,disobedience must be tempered by real
needs.
44.

45.Is there any rule not being obeyed by the people?

No,there isn't rule which is not obeyed by the people because law is posited by the
lawmakers,who are humans.

46.Why are you personally obeying the law?Give your peronal reason?
I'm obeying the law because everyone must follow and obey the law.It's our legal
and moral obligation.Reasons why I'm obeying the law are:various penalties and
sanctions I can get for violating the law,then social order,moral reasons etc..
47.In this situation I would stop my car,because if I don't I would break legal
rule.Even though there aren't any cars or pedestrians ,my legal and moral
obligation is to stop.Crossing over the red light would be a risk,and if I break the
rule,I can be charged or jailed for breaking that rule if I get caught.
48.What are your obligations during the final exam?
Our obligations during final exams are:
We need to have required stuff for the exam(pencil,pen,calculator,rubber..)
We are not permitted to use mobile phones during exam
We mustn't cheat
..
..
49.What are differences between legal and moral rules?
Moral rules are rules people follow because they just believe they're right.Religous
people believe morals are imposed on us by God,but even non-religous people
have morals.
Legal rules are those imposed on us by society.They are more rigid and
codified,and punishments are prescribed for violators,and society hires police and
courts to enforce them.Morals are not actively enforced,unless they happen to
concide with legal rules.

50.