Guia De Derecho Internacional (En Ingles)

Páginas: 13 (3003 palabras) Publicado: 20 de abril de 2011
* Law is simply the body of rules governing individuals and their relationships. It gives s basic freedoms, rights and protections.
* Public law includes laws that are enacted by some authorized governmental body. State and federal constitutions and statutes are examples of public laws.
* Private law is developed by two individuals. For example landlords usually have regulations fortheir tenants.
* A violation of a criminal law is a wrong against society. A violation of civil law us a wrong against person of persons.
* Substantive laws are those that give rights abs responsibilities. Procedural laws provide the means for enforcing substantive rights.
* Common law has been in existence since 1066, when the Normans conquered England and William the conqueror soughtone common set of laws governing a then every divided England.
* Stare decisis: “let the decision stand”
* Because of increase trade, population and complexities, the common law needed to be supplemented. As a result, statutory law, which is passes by some governmental body and written in some form, was created.
* Equity is a body of law that attempts to do justice when the law doesnot provide a remedy or when the remedy is inadequate or when the application of the law is terribly unfair.
* Common law usually permitted only the recovery of monetary damages. Courts of equity, on the other hand, could issue orders, knows as injunctions prohibiting certain conduct or ordering certain acts. The equitable remedies available in the courts of chancery were gradually combinedwith the legal remedies of the common law courts so that now parties can have both their legal and equitable remedies determined by the same court. Today’s award equitable remedies when the legal remedy of money damages would be inadequate.
PURPOSES OF LAW
* Keeping order by penalties.
* Influencing conduct: Laws also influence the conduct of society’s members. The antitrust laws change theway business operate.
* Honoring expectations: business commit resources, people and time with expectation that the contracts of those commitments will be honored and enforced according to existing law.
* Promoting equality: law has been used to achieve equality in those aspect of life and portions of the country in which equality is not a reality.
* Law as the great compromiser:law serves to mesh different views into one united view so that all parties are at least partially satisfied. When disputes occur, the courts impose the law upon the parties in an attempt to compromise their two opposing views.
CHARACTERISTICS OF LAW
* Flexibility: as society changes, the law must change with it.
* Consistency: although the law must be flexible, it still must bepredictable. Law cannot change so suddenly that parties cannot rely on its existence or protection.
* Pervasiveness: the law must be pervasive and cover all necessary areas, but at the same time, it cannot infringe individual freedoms or become so complex that it is difficult to enforce.

* The incorporation of theories or values into the legal process is what makes each society’s laws differentand causes law to change as society changes its values. These different theories or value bases for law are found in an area of legal study called jurisprudence “the wisdom of the law”.
SOURCES OF LAW
* Laws exist in different forms at every level of government. Statues are written laws enacted by some governmental body and counties. These written statues are sometimes referred to as acodified law.
* Constitutional law: constitutions are the law of people and are change only by lengthier and more demanding procedures that those used to repeal statutes.
* Statutory law at the federal level –congressional law: congress is responsible for statutory law at the federal level. The laws that passed by congress become part of the United States code (USC). Statutes from the USC are...
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