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Summary Lectures Methods & Techniques of Legal Research summarized and explained
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Lecture 1 until 9 summarized.
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Lecture 1 (01-02-2018)What is law?
The frrt definitii if lawsre Laws awr ruler (individuals, persons and government shall submit
to, obey and be regulated by law, and not arbitrary acton by an individual or a group of
individuals)
Rules that everyone is supposed to follow (that determines behaviour)?
Rules that the court has to follow in its reasoning?
Rules that the court refers to in its decisions?
BUT is law....
a code of practce of the law bar associaton?
The horizontal guidelines of the EU Commission regarding Artcle 0 TFEU
(Treaty on the functoning of the European Union)?
Sof law: law that is not codifed, not mandatory authority, you cannot enforce it. Excepton:
judgements are not codifed, but they are not sof law.
Rules that are neither strictly binding in nature nor completely
lacking legal signifcance. In the context of internatonal law, sof law refers to
guidelines, policy declaratons or codes of conduct which set standards of conduct.
However, they are not directly enforceable/have legally binding force.
Hard law: actual binding legal instruments and laws. In contrast with sof law, hard law gives
States and internatonal actors actual binding responsibilites as well as rights. The term is
common in internatonal law where there are no sovereign governing bodies.
Sources of law:
Statute law (code): the body of law consistng of wriien laws adopted by a legislatve
body, principles laid down in statutes.
The body of principles and rules of law laid down in statutes.
Wriien law set down by a body of legislature or by a singular legislator (in
the case of absolute monarchy). This is as opposed to oral or customary law;
or regulatory law promulgated by the executve or common law of
the judiciary. Statutes may originate with natonal, state legislatures or
local municipalites.
A statute law is a wriien law produced by Parliament which originates from
decisions made in other courts and the country's wriien consttuton. It is
the highest type of law which passes Acts onto the Houses of Parliament
where they debate whether the Act should exist or not.
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