Business law

• Law has many fields of law that serve different purpose, procedures and terminilogy used.
• Substantive law vs procedural law

  • substantive law:/Luật thực chất/ define the rights, duties of individuals & collective bodies/cá nhân và tập thể/. It's concerned with the substance of the law./bản chất của luật/
  • procedural law: /Luật tố tụng/: outlines the process that must be followed to enforce substantive law. It will allow the steps for having a right/duty legally enforced
• Q: What is the difference between substantive law and procedural law?

  A: Substantive law defines rights and duties, while procedural law outlines the process for enforcing those rights and duties.
• Q: How does criminal law differ from civil law?

  A: Criminal law deals with offenses/phạm tội/ against society and involves prosecution by the state, while civil law deals with disputes/tranh chấp/ between individuals or organizations and aims for compensation.
• Q: What does public law govern?

  A: Public law governs the relationship between individuals and the government, including constitutional law, administrative law, and criminal law.
• Q: What is private law concerned with?

  A: Private law governs relationships between private individuals and entities, such as in contract law, tort law, property law, and family law.
• Q: Define national law.

  A: National law belongs to the laws applicable within a particular country, covering both public and private laws specific to that nation.
• Q: What is international public law?

  : International public law governs relationships between countries and includes treaties, conventions, agreements, and laws of international organizations.
• Substantive law defines the rights and duties of individuals and collective bodies, while procedural law outlines the process for enforcing those rights and duties.
• • Criminal law deals with behavior that is considered harmful to society, and the state prosecutes the offender.
  • Civil law involves disputes between individuals or organizations and typically seeks compensation rather than punishment.
  • Public law governs the relationship between individuals and the government, including areas like constitutional law and administrative law.
  • Private law governs relationships between private individuals and entities, such as in contract law and tort law.
• Legal tradition refers to the deeply rooted, historically conditioned attitudes about the nature of law, the role of law in society and the polity, and the organization and operation of a __________ system.

  Answer: legal
• • The five main legal traditions are: Common Law, Civil Law, Customary Law, Religious Law, and mixed Law.
  • The common law legal tradition originated in England after the Norman Conquest in 1066.
  • The common law system is characterized by case law developed by judges through decisions of courts and similar tribunals.
  • The civil law legal tradition derives from Roman law, particularly the Corpus Juris Civilis.
  • Civil law systems are based on written codes or statutes and comprehensive collections of laws.
• • Customary law is found in indigenous communities and is based on customs and traditions.
  • Religious law is based on religious scriptures and doctrines. Examples include Islamic law (Sharia), Canon law (Catholic Church), and Halakha (Jewish law).
  • Mixed law systems combine elements of various legal traditions and are often found in countries with a history of colonization.
• The principal sources of law are the foundational elements:

  • Constitution: outlines the structure of government, the distribution of powers, and the rights of citizens.
  • Legislation (Statutes): enacted by a legislative body, such as a parliament /congress.
  • Judicial Decisions (Case Law): established through court decisions and the interpretation of statutes.
  • Administrative Regulations: Rules/regulations created by government agencies based on statutes.
  • Customary Law: Traditions and customs that have gained legal recognition over time.
• Roman law, as codified in the Corpus Juris Civilis by Emperor Justinian, has influenced the development of many legal systems.:

  1. Codification: The systematic collection and organization of laws.
  2. Legal Principles: Foundational principles such as equality before the law and the importance of written legal codes.
  3. Legal Scholarship: The role of legal scholars in interpreting and developing the law.
• The Principal Sources of Law in the Common Law Tradition:

  The Use of Precedents

  In the common law tradition, judicial decisions play a crucial role through the doctrine of precedent (stare decisis)/học thuyết về tiền lệ/, which means that decisions in higher courts bind/ràng buộc/ lower courts in future cases with similar facts. This ensures consistency and predictability in the law./tính nhất quán và khả năng dự đoán/
• The Principal Sources of Law in the Common Law Tradition :

  Equity is a branch of law in the common law tradition that developed to address the rigidity and potential injustice of the common law:

  1. Flexibility: Equity provides remedies/biện pháp khắc phục/ that are more flexible than those available at common law.
  2. Fairness: It focuses on achieving fairness and justice in individual cases.
  3. Specific Remedies: Includes remedies such as injunctions/lệnh cấm/, specific performance, and equitable estoppel/biện pháp ngăn chặn công bằng/, which are not available in common law.
• • In the common law system, decisions made by higher courts bind lower courts in future cases with similar facts.
  • Equity developed to address the rigidity and potential injustice of the common law.
  • Equity focuses on achieving fairness and justice in individual cases.
  • Remedies available in equity include injunctions, specific performance, and equitable estoppel. /lệnh cấm, hiệu suất cụ thể và sự phản đối công bằng./
• Is Norway an EU member state?

  No, Norway is not an EU member.
• How many countries are in the EU?

  The EU consists of 27 countries.
• Which countries are excluded from EU membership?

  Countries like Norway, Iceland, and Switzerland are excluded.
• What is the role of the European Commission?

  The European Commission represents the EU as a whole, proposes legislation, and enforces EU laws.
• Who represents EU citizens in the EU institutions?


  The European Parliament represents EU citizens.
• How are members of the European Parliament chosen?

  Members are elected directly by EU citizens.
• What does the Council of the EU represent?

  The Council of the EU represents the governments of the member states.
• What is meant by EU Exclusive Competence?

  Areas where only the EU can legislate and adopt binding acts.
• Name two areas of EU Exclusive Competence.

  The Customs Union and Common Fisheries Policy.
• What is the right of withdrawal for consumers?

  Consumers have the right to withdraw from a purchase within 14 days of receiving the last part of their goods.
• What does Article 34 TFEU prohibit?

  It prohibits quantitative restrictions on imports between EU member states.
• When are selling arrangements not subject to Article 34 TFEU?


  When they apply equally to all traders and don’t discriminate against foreign products.
• What is the mischief rule in statutory interpretation?

  A rule that seeks to understand the law's intention by identifying the "mischief" it was meant to remedy.
• What is inductive reasoning?

  Drawing general conclusions from specific observations or cases.
• What does the Bolkestein Directive prohibit?


  It prohibits certain national requirements that could hinder the freedom of services within the EU.
• What is shareholder liability in a public company?

  Shareholders have limited liability, meaning they cannot be held personally responsible for company debts beyond their investment.
• Under what condition can a company sue for misuse of trade secrets?

  If it can prove it took adequate measures to keep the information confidential.
• How many members are typically required for a public company?

  A public company typically requires a minimum of 5 members.
• What is the responsibility of the data controller under GDPR regarding data breaches?


  The data controller is responsible for recording and reporting data breaches.
• What does processing of data under GDPR include?

  Processing includes activities like anonymizing or erasing data, and storing or using personal data for commercial purposes.
• What is legal syllogism?


  Legal syllogism involves drawing a logical conclusion based on a general rule and a specific case.
• How do examples 1 and 3 illustrate legal syllogism?

  Both show a legal principle applied to a specific case to reach a conclusion.