100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Law and Legal Skills: Complete Course Notes CA$22.80   Add to cart
Quickly navigate to
Preview
  2.  
  3. Rijksuniversiteit Groningen (RuG)
  4.  
  5. RGPAR510AD

Class notes

Law and Legal Skills: Complete Course Notes

1 review
 238 views  6 purchases
  • Course
  • RGPAR510AD
  • Institution
  • Rijksuniversiteit Groningen (RuG)

These edited and reviewed notes of the LLS course of Year 1, Block 1 of the LLS Programme provide a detailed overview of everything within LLS: The Dutch Example, from week-by-week lecture notes to an overview of each seminar and the most important take-aways. In addition to this, a summary as to h...

[Show more]

Preview 4 out of 40  pages

Document information

  • October 10, 2023
  • 40
  • 2022/2023
  • Class notes
  • Dr mr h.h. runia, mr a.e. schipaanboord
  • All classes

Subjects

  • lls
  • law and legal skills
  • detailed
  • seminar notes
  • seminar summary
  • year 1
  • block 1
  • llb
  • complete
  • full course
  • legal skills
  • lecture notes
  • rug

Written for

  • Rijksuniversiteit Groningen (RuG)
  • LLB International and European Law
  • RGPAR510AD
All documents for this subject (1)

1  review

review-writer-avatar

By: mohamedafraz • 1 year ago

reply-writer-avatar

By: nikki03 • 1 year ago

Reply deleted by the user

Seller

avatar-seller
nikki03

Reviews received

Content preview

Law and Legal Skills: The Dutch Example
LLB International and European Law | Year 1 | Block 1

Lecture Summaries and Seminar Take-Aways, complete with tips for Part B Legal Skills.

Table of Contents
PART A: LAW 1
Week 1: Introduction to (Dutch) Law 1
Seminar 1: Main Take-Aways 4
Week 2: Constitutional Law 6
Seminar 2: Main Take-Aways 9
Week 3: Administrative Law 11
Seminar 3: Main Take-Aways 15
Week 4: Criminal Law 17
Seminar 4: Main Take-Aways 20
Week 5: Private / Civil Law 22
Seminar 5: Main Take-Aways 24
Week 6: International Law 26
Seminar 6: Main Take-Aways 29
Week 7: European Union Law 30
Seminar 7: Main Take-Aways 34
PART B: LEGAL SKILLS 36

,PART A: LAW

Week 1: Introduction to (Dutch) Law

Two Main Legal Systems


Civil Law Common Law

● French + German legal tradition ● English legal tradition
● Codification ● Judge-made law
○ Arranging laws into a ○ Judges, in interpreting existing
systematic code, e.g. into Acts law, may need to make a
○ Enacted > unwritten law decision with no settled
precedent. In doing so, this
decision becomes law.
○ Unwritten > enacted law


Law = a body of rules with binding legal force that are prescribed, recognized and enforced by a
controlling authority.

Functions of Law


Substantive Law Procedural Law

● Avoiding conflicts via regulation ● Resolving conflicts
● Establishing how people have to ● Procedures by which substantive law
behave can be enforced.
● Rights, obligations, prohibitions


(Dutch) Sources of Law
Treaties, Principles, Judicial rulings, Statutes, Custom
[Religious texts, Moral beliefs] → not recognised by NL law.

Written / Unwritten Law


Enacted (written) Law Unwritten Law

● Treaties, constitutions, statutory law ● Case law, customs, principles
○ Statutes from the formal ● Not literally ‘unwritten’
legislator
○ Other legislation from lower
authorities


Enacted Law Sources
Treaties


1

, ● Conventions, pacts, protocols (all mean the same)
○ International legislation
○ Are either bilateral (2 states) or multilateral (more than 2 states)

Constitution
● Contains main laws of the country + basic human rights
● The foundation of a government organization, e.g.:
○ Independent judiciary
○ Elections and how they work
○ Government bodies with law-making power

Statutes
● 1: from the formal legislator (AKA government + parliament)
● 2: legislation from lower authorities
○ Government: order in Council, Royal Decree, Government Regulation
○ Minister: regulations
○ Provincial states, municipal councils, water boards: by-laws

Hierarchy of Dutch Enacted Law
1. Treaties
2. Charter for the Kingdom of The Netherlands
3. Constitution
4. Acts of Parliament
5. Order in Council (royal decree, government regulation)
6. Ministerial regulation
7. Provincial / municipal by-laws

Conflict Rules
= ways to handle situations where legal rules from different legislation are conflicting.
● Higher rule > lower rule (regarding position in hierarchy)
● Most recent rule > older rule
● Specific rule > general rule

Unwritten Sources
= sources that more generally surround the hierarchy.
Case Law
● Rulings of judges
● Considered an additional source in The Netherlands
● NO formal principle of precedent
○ No stare decisis = “let the decision stand”
○ In practice, courts abide rulings of highest court (e.g. the supreme court)

Customary Law
● Consists of two elements:


2

, ○ Usus = state practice
○ Opinio iuris = belief that the practice is required / prohibited / allowed as a
matter of law (confidence rule)

General Principles
● Supplement law → general principles of good governance
○ Estoppel principle = prevention of asserting a right that contradicts what was
previously said / agreed to by law

Areas of Law
Private law = between private parties, natural / legal persons, and regarding individual interest
– even if it is the state acting as a private party.

Public law = between government and private parties.


Constitutional Law Administrative Law Criminal Law

State organization Governs actions towards Criminal acts
● organs private parties ● Investigation and
● Administrative prosecution
authorities and ● The monopoly of the
citizens prosecution's office
**Each contains both procedural and substantive law.**

The Dutch Court System




Cassation




3

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller nikki03. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$22.80. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

77254 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
CA$22.80  6x  sold
  • (1)
  Add to cart