Understanding Key Legal Concepts and Their Applications
What are Liberty Rights?
Liberty rights are a subset of human rights. They involve explicit permission to do something, such as expressing one’s opinion, becoming a member of a political party, or casting a vote.
What is the Purpose of Contract Law?
Contract law is a set of rules and principles that governs transactions among parties, thereby setting the rights and obligations of these parties. It is made up of a large number of different rules.
Property Rights Have Effects Erga Omnes. What Does it Mean?
The concept of erga omnes obligations refers to specifically determined obligations that states have towards the international community as a whole. In general legal theory, the concept “erga omnes” (Latin: ‘in relation to everyone’) has origins dating as far back as Roman law and is used to describe obligations or rights towards all.
What Distinguishes Tort Law from Contract Law and Criminal Law?
- Tort law is about duties owed to fellow members of a civil society arising from a relationship between the two parties (e.g., doctor-patient, between road users, between ordinary members of society, etc.), and remedies when the duty is breached.
- Contract law concerns the validity and enforceability of a contract, i.e., whether a contract is valid (and hence binding and enforceable to the parties of the contract), discussions of damages, and other forms of relief if there is a breach of the contract terms, and other ancillary issues.
- Criminal law is enforced by a designated state body, i.e., a public prosecution body, for breaches of law (law being sets of enforceable rules that require whoever they apply to, to stipulate and obey), with some form of sanction (punishments) if those rules are not obeyed.
To Which Topics Can Tort Law be Applied?
Tort law deals with the rights, obligations, and remedies provided to someone who has been wronged by another individual.
How Can Criminal Law be Defined?
Criminal law is the body of rules and statutes defining offenses against the community at large. It regulates how suspects are investigated, charged, and tried. The law also provides the punishments for convicted offenders. This is also termed penal law.
Which Features Distinguish Criminal Law from Other Branches?
A human behavior cannot be called a crime unless at least seven characteristics of crime are present, which are as under:
- Harm should have been caused; mere intention is not enough.
- The harm must be legally forbidden. Anti-social behavior is not a crime unless prohibited by law.
- There must be conduct that brings harmful results.
- Mens rea, or criminal intent, must be present.
- There must be a fusion or concurrence of mens rea and conduct.
- The harm caused must be the natural consequence of the voluntary act.
- There must be a legally prescribed punishment.
What is Administrative Law Mainly About?
Administrative law is the body of law that governs the administration and regulation of government agencies (both federal and state). Created by Congress (or the state legislature), it encompasses the procedures under which these agencies operate and external constraints upon them. Administrative law is considered a branch of public law and is often referred to as regulatory law.
Is International Law Merely Concerned with Legal Relations Between States?
International law is not merely a legal system governing relations between states but rather a legal system that also addresses individual citizens. It also addresses other non-state actors.