Vocabulary
a public official who decides cases in a court of law.
Where do each system get their source of law?
Roman:Written law
Common:Judicial decisions and precedents.
What's Liability?
is the legally binding obligation or responsibility for one's actions or inactions, often arising from torts (negligence), contracts, or statutory violations.
What's a duration Clause?
A duration clause states the validity ( period of time the contract will be applicable)
What are "shares" in Law"?
The nunits of ownership, dividing a corporation's capital into equal parts.
Officer in a courtroom who enforces law and instructions form the judge.
How do PRECEDENTS work in the two types of Legal systems Common and Roman Law?
Roman:Jurisprudence of 5 similar decisions has to apply.
Common: Asingle ruling in higher courts is binding in similar matters.
Who is a sole trader?
Someone who is Self-employed and trades and manages the business on their own.
Which clause defines the timeframe during which a seller or provider guarantees goods or services against defects in materials, workmanship, or performance.
A warranty period clause
What's a trial?
a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil law.
What´s a plaintiff?
Is the part in a legal case which states the complint.
What do juries do in Common and Roman Law?
In common Law: They are used to determine facts.
Roman Law: Not an existing figure.
Which are two main types of partnerships ?
The general partnership doesn´t have a separate legal identity from the people who form it.
The Limited liability partnership ( LLP). Unlike a general partnership, the partners are called “members”.
What type of warranty is this ?...
"Supplier warrants that the Equipment will be free from defects in materials and workmanship for 6 months from the date of installation ."
Limited Warranty (Parts/Labor)
What's a "Fixed" term in a Duration Clause?
Is a specfic time stated as the duration of a contract.
Define:Paralegal
a person trained in subsidiary legal matters but not fully qualified as a lawyer.
How have Common and Roman Law evolved?
Roman: Under construction sonce 2008.
Common:In constant construction.
Which business structures must be registered on the Register of companies and have a separate legal identity?
Limited companies.
What type of clause is this?
""Either party may terminate this Agreement at any time by providing at least 30 days' written notice to the other party" "
Termination Clause.
What does an "Applicable Law and jurisdiction" clause does?
Determines which jurisdiction's laws interpret and govern a contract, crucial for resolving disputes in cross-border or interstate agreements.
What´s a legal system?
a set of legal norms, institutions and processes of application of them, in a particular jurisdiction or community.
What´s the role of the judge?
Common:Impartial referre that creates and shapes Law.
Roman: Applier of the law
What types of associations must have a writen agreement-called the Articles of association?
Limited companies
What's the difference between Force Majeure and Act of God?
"Act of God" refers specifically to natural disasters, whereas force majeure is a broader contract clause covering both natural events and human-caused disruption (e.g., war, strikes).
What type of figure is a Dépeçage?
From international Law, a Dépeçage allows different parts of a contract to be governed by different laws.