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Alle Oberthemen / Law / International Law

Intl Law (90 Karten)

Sag Danke
1
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0
When was the Kingdom of Spain created? (Spain)
1492
2
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Why is Spain in a deficit? (Spain)
- more imports than exports
- lack of natural resources
- dependence on Petrol
3
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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
4
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Is Kazakhstan a civil or common law country?  How is commercial law distinguished?
(Kazakhstan)
- Civil law
- Kazakhstan does not distinguish commercial law from civil law in its legislation.
5
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What religious scripts is the Sharia based on? (Saudi Arabia)
Koran and Suna
6
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What is required when you enter the country as a businessman? (Saudi Arabia)
A Saudi sponsor
7
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What are the two main parties? (Australia)
Australian labor party and the coalition
8
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0
How often are the election held for the legislative branch? (Australia)
3 years
9
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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
10
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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.
11
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What is droit administrative? (Sweden)
The body of laws that govern the activities of administrative agencies of the government
12
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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!
13
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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
14
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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
15
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Make your own description of law.
Law is a group of rules and regulations that govern over a society.
16
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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
17
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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.
18
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Which factors contribute to making the common law family a family of their own?
Sources of law: court decisions, customs, legislation, conventions
19
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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)
20
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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.
21
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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.
22
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True or False?  If a judge in England grants damages for breach of contract, this would be an action of equity. 
False
23
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True or False?
Napoleon had great personal influence on the draft of the Civil Code. 
True
24
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True or False?
The Nordic enactments can be characterized as learned codes.
FALSE (German code is “learned code”)
25
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True or False?
The German Civil code was the first code as a result of the Enlightenment. 
FALSE (Code Civil)
26
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True or False?
The teachings of Confucius are at the base of the way legal disputes are resolved.
True
27
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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.
28
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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.
29
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Is this private or civil law, and public or administrative law?
Company A enters into a sales agreement with Company B
Private law – it is a legal relationship between citizens
30
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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

Public – the Council grants the permits
31
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Is this private or civil law, and public or administrative law?
Company A needs a license to dismiss employee X

BOTH Public – the company needs the license from the government
Private – labor contract
32
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Is this private or civil law, and public or administrative law?
In principle, business expenses are tax deductible for both companies (A and B)

Public – taxes are public law
33
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Is this private or civil law, and public or administrative law?
A gets married to B

Private – relationship issue (contract)
34
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Is this private or civil law, and public or administrative law?
A three-judge panel hears and determines cases of all serious criminal offenses
Public – criminal offenses are public law
35
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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

BOTH Private and Public – Private for the insurance, public for the traffic violation
36
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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

Private – the government authority is exercising the same authority as a citizen (renting a building)
37
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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.
38
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True/False, why?
Public law consists largely of permissive law

False – consists largely of mandatory law
39
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True/False, why?
Private law only consists of permissive law

False  –  private law MOSTLY consists of permissive law
40
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True/False, why?
The Code of Civil Procedure contains substantive law
False – the Code of Civil Procedure contains procedural law  The Dutch Civil Code contains substantive law
41
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True/False, why?
The European Convention on Jurisdiction and Enforcement of Foreign Judgments contains procedural law
True
42
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True/False, why?
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)
43
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True/False, why?
The Netherlands has always been a Kingdom

False – it was once a republic
44
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True/False, why?
The government is the highest ranked (national) legislator in the NL

False – parliament is
45
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True/False, why?
The Dutch government consists of the Queen and the ministers

True (art. 42) – but Queen has no power
46
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True/False, why?
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
47
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True/False, why?
The water control boards or polders are examples of territorial decentralization

False – it is a form of functional decentralization
48
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True/False, why?
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
49
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True/False, why?
Art. 120 Dutch Constitution does not allow judges to look into Acts of Parliament

True – the constitutionality may not be reviewed
50
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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

False – difference in how attorneys’; fees are calculated and paid AND the different numbers of alternative and pre-court conflict institutions
51
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What does CISG stand for?
Convention of International Sale of Goods
52
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Name the four sources of law:
- legislation (law books and written law)
- court decisions (precedent)
- customs
- conventions/treaties
53
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Who does Private law refer to?
citizens/citizens
(can also be company/citizens)
54
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Who does Public law refer to ?
government/citizens
55
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What does private law usually concern?
- contract
- ownership
- tort (unlawful acts)
56
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What does public law concern?
- criminal
- penal
- quotas
- tax
- licenses
- tariffs
- permits
57
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What is mandatory law?
Law that you cannot deviate from
58
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Is mandatory law mostly public or private law?
public
59
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What is permissive law?
Law that you may deviate from
60
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Is permissive law mostly public or private?
private
61
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0
Is the CISG mostly mandatory or permissive law?
Permissive
62
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0
What are the sources of law (in order) for common law?
court decisions, customs, legislation, conventions
63
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0
What are the sources of law (in order) for civil law?
legislation, conventions, court decisions, customs
64
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In common law, do lawyers refer to cases or customs?
cases
65
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0
In civil law, do lawyers refer to cases or customs?
customs
66
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0
Who is the offeror?
The person that makes the offer
67
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Who is the offeree?
The person who gets the offer
68
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0
How many countries originally signed the CISG?
74
69
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How many countries now are in the CISG?
76-77
70
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0
How many articles are in the CISG?
101
71
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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)
72
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True or False?
Both parties must have signed the CISG in order to use the CISG.
True
73
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0
Which article in the CISG?
Formation of a contract: offer and acceptance
Article 23
74
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0
Which article in the CISG?
Formation of a contract: definition of an offer
Articles 14-17
75
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0
Which article in the CISG?
Formation of a contract: definition of acceptance
Articles 18-22
76
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0
Which article in the CISG?
Obligation of seller: Deliver goods
Article 30
77
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0
Which article in the CISG?
Obligation of seller: buyer must inspect goods
Article 38
78
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0
Which article in the CISG?
Obligation of buyer: payment and take delivery
Article 53
79
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0
Which article in the CISG?
Obligation of buyer: relay the non-conformed goods to seller
Article 39
80
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0
Which article in the CISG?
Seller Breach of Contract (BOC): no performance
Article 45
81
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0
Which article in the CISG?
Seller BOC: the goods/performance
Article 45
82
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0
Which article in the CISG?
Seller BOC: too late/performance
Article 45
83
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0
Which article in the CISG?
Seller BOC: specific performance
Article 46
84
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0
Which article in the CISG?
Seller BOC: avoiding contract
Article 49
Must be fundamental breach
85
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0
Which article in the CISG?
Seller BOC: reduction of price
Article 50
86
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0
Which article in the CISG?
Seller BOC: damage claim
Article74
87
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0
Which article in the CISG?
Buyer BOC: rights of the seller
Article 61
88
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0
Which article in the CISG?
Buyer BOC: specific performance
Article 62
89
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0
Which article in the CISG?
Buyer BOC: damage claim
Article 74
90
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0
Which article in the CISG?
Buyer BOC: avoid contract
Article 64
Kartensatzinfo:
Autor: CoboCards-User
Oberthema: Law
Thema: International Law
Veröffentlicht: 05.04.2011
Tags: International, law, CISG
 
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