Question: 2. The difference between substantive and procedural law is the following: A) Substantive law is used in common law systems and procedural law is used

2. The difference between substantive and procedural law is the following:

A) Substantive law is used in common law systems and procedural law is used in civil law systems.

B) Substantive law respects rights, duties and liabilities among citizens and governments while procedural law respects rules governing the manner of enforcing law in relation to a certain activity.

C) Substantive law relates to the rules used by courts while procedural law relates to the rules applicable to the citizens.

D) None of the above.

3. In civil law systems:

A) The judges make the law.

B) The courts are said to be adversarial courts.

C) The judges fill in the gap if there is no previous law.

D) There is a liberal and extensive interpretation of texts by courts.

  1. Law and economics has many purposes. Which of the following is not mentioned as a purpose of law and economics?
  1. Interpretation of law;
  2. Predicting the future;
  3. Assessing the efficiency of law;
  4. Assessing how the legal order can be developed to promote efficiency in the society.

  1. According to the economic analysis of the law:

a) Laws should have as much efficacy as possible;

b) Laws should be as efficient as possible;

c) All branches of law must have some sort of patrimonial reflex;

d) The only relevant value in the law is its economic value.

  1. The term private law refers to:
  1. The body of laws that derive from the deciding of cases;
  2. The body of laws that seek to regulate the relationship between individuals;
  3. The legal principle that states that a person has the right to privacy;
  4. The body of laws that seeks to regulate the relationship between the State and its citizens.

  1. Constitutional law:
  1. lays the foundations of a legal system and may have an actual impact on the citizens life;
  2. necessarily affords any citizen the right to question directly the constitutional court on the constitutionality of a legal rule;
  3. does not regulate private law;
  4. may never superseded by business law.
  1. Tort law:
  1. does not compensate pure economic losses;
  2. always compensates pure economic losses;
  3. may not be applied when contract law rules are applicable;
  4. is a fundamental basis for modern societies.

  1. Commercial Law:
  1. does not substantially differ from civil law;
  2. affords shareholders more protection than civil law;
  3. affords shareholders less protection than civil law;
  4. affords third party creditors more protection than civil law.

  1. Law and economics has many purposes. Which of the following is mentioned as a main purpose of law and economics?
  1. Interpretation of law;
  2. Predicting the future;
  3. Assessing the efficiency of law;
  4. Assessing how the legal order can be developed to promote efficiency in the society.

  1. According to the economic analysis of the law:

a) Context is irrelevant;

b) Laws should be as efficient as possible;

c) The rational man is always rational;

d) Morality should play a very relevant role in law.

  1. The term public law refers to:
  1. The body of laws that derive from the deciding of cases;
  2. The body of laws that seek to regulate the relationship between individuals;
  3. The body of laws that seeks to regulate the relationship between the State, as not having a market position, and its citizens;
  4. The body of laws that seeks to regulate the relationship between the State and its citizens.
  1. Employment law:
  1. Protects employees;
  2. Protects employers;
  3. Protects employees and employers;
  4. Plays an important role on the ecomomy.

  1. Tort law:
  1. does not require a contract;
  2. is the same as criminal law;
  3. may be cumulated with contract law;
  4. does not afford true compensation for damages.

  1. Banking Law:
  1. Is not private law;
  2. affords banks more protection than civil law;
  3. affords consumers more protection than civil law;
  1. regulates the banking system and affords protection to banks customers
  1. Can the same act give rise to both criminal and civil liability?
  1. No, these types of liabilities are incompatible.
  2. Yes, but only if no criminal sanctions are prescribed to the wrongful conduct.
  3. Yes, if the wrongful conduct both violates criminal and civil law.
  4. No, a conduct cannot violate both criminal and civil law at the same time.

  1. If a judicial decision violates a constitutional provision:
  1. This is not possible because courts themselves define what is or is not allowed under the constitution.
  2. The constitution should prevail because it is the hierarchically superior source of law.
  3. The judicial decision should prevail according to the doctrine of stare decisis.
  4. Both should prevail under a harmonized solution.

  1. In a civil law system, past judicial decisions:
  1. Have absolutely no value.
  2. Bind courts of the same or inferior level.
  3. Can be considered by courts as an interpretative aid.
  4. Bind courts but, only if the matter is not specifically foreseen in statutory law.

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related Finance Questions!