Organise your work well to use your time wisely. It is best to start with a test.

What you should know for the exam:

-Differences between common law and statutory law;

-Differences between natural law theory and legal positivism (what is characteristic for each one of these philosophical doctrines and in what way they are different);

-Composition of customary law- the process from a custom used in practice by the societyà customary norm (society recognises the custom and wants it to be applied; believes this custom is a binding norm that has to be obeyedà customary law- the customary norm is also recognised by the state authorities which sanction such a norm= if somebody does not obey by the rule, they will bear the legal consequences (punishment);

-Dychotomy of a legal system- what this term means- why it is a division/ classification of law into two categories + give examples (e.g. public and private law; criminal and civil law; common and statutory law; procedural and substantive law, etc.) + be able to describe the characteristic features and differences between these categories;

-You should be able to give detailed analysis of the civil and criminal (=penal) proceedings- how they differ or in what ways they are similar to each other, how parties are called in each category (and what types of parties may take part in court/ out of court proceedings), what we try to achieve by those two types of proceedings (solution of a legal dispute, declaration/statement of facts, finding and punishing of an offender) + where/ on whom lies a burden of proof, how we should prove someone’s guilt, on what basis?;

-Alternative dispute resolutions- types of mechanisms, their role and their binding or non-binding force;

-Legal norm- definition, its elements, what every element means, types of legal norms, differences between ius cogens and ius dispositivi (what are differences between the norms of this type); legal provision- what is it and where can we find it in practice, why do we need it? à Here: Presentation will be helpful and a different explanation/ categories from the recommended book;

-Difference between “a natural person” and “a legal entity”, what is “a legal personality” and “a capacity to perform legal activities”?;

-All Latin expressions that we discussed in the class- be able not only to translate them but also to explain their practical meaning as far as the functioning of a state is concernedà here: focus especially on the elements that constitute a democratic state of law with the rule of law, be able to explain their role, e.g. theory of separation of powers by Montesquieu, checks and balances rule, etc.;

-Constitutional/ international/ EU law: (recommended reading: the Constitution of the Republic of Poland, the Statute of the International Court of Justice, the Treaty of Lisbon, the Vienna Convention on the Law of Treaties of 1969, the Geneva Conventions with their Additional Protocols (international humanitarian law);

Law-making process in Poland (procedure, parties involved, elements necessary for a draft act to come into force);

Sources of law of Poland, UK and USA, of international law and the EU law- where can we find in formation about such sources (legal acts)= what legal documents contain provisions about sources of law of each of the above category? You should be able to discuss each category in detail- types of legislation and types of legal acts + characterise every legal act in a few words (explain its basic characteristic features and/or how it differs from the other ones), also you may give examples but only after you provided me with necessary information; you should be able to explain hierarchy of legal acts (particularly those of Poland)- which one is the supreme law, which one can repeal/ amend the other one and which one has to be issued in accordance with the other one;

You should be able to identify the legislative, executive and judicial power of the Republic of Poland, courts and tribunals of Poland, international and European/ European Union courts and tribunals, EU institutions- their role and responsibilities, also changes considering them after the Treaty of Lisbon came into force;

Terms like: a legal depositary of a treaty, ratification/ amendment/ abrogation of a treaty;

-The Treaty of Lisbon- what treaties does it comprise, when was it signed and when did it finally come into force? What reforms did it introduce?- Here be able to discuss all the reforms (institutional, functional, legal, the changed pillar structure and legal personality of the Union, etc.) with great focus on the changes concerning the EU legislation, i.e. decision-making process, types and categories of legal acts issued by the EU institutions, especially the changes regarding secondary EU law;

-Contract law:

What is a contract, why do we need contracts (their role for the functioning of a society), how do we call parties that conclude a contract, what are types of contracts and which contracts are valid/ invalid/ enforceable before the court? What are constitutive elements of a contract?

Terms like: good faith, contracting parties.

Дата добавления: 2015-11-14