Preguntas de examen

1. What’s the idea of law?

Corresponds to the idea to the idea that order is necessary for mankind and a just and stable
existence for every society where this has created for itself a framework of principles within
which to develop.

2. Explain the order

The order establishes the things that can be done and cannot be done, permissible acts,
forbidden acts, It has been spelt out within the consciousness of that community

3. What’s Law?
A group of Legal Norms

4. Explain the four characteristic of Law

Bilateralism; the legal norm always assume a reciprocity of rights and obligations in a legal
relation between subjects
Heteronomy; in this case we have the imposition of the legal norm because the subject to
reate the norm is different to subject will obey the norm
Externality; Corresponds to actions of man. The legal norm only control the external behavior
then he legal norm is mandatory regardless the obey subject is agree with it or not.
Coercibility; If someone breaks the law he will be punished. It creates a sanction.

5. What are Norms?

The norms are rules regulating behavior, and reflecting to some extent, the ideas and
preoccupations of the society within which it functions.

6. Explain the importance of Law

Law is that element which rules of human conduct come into existence and deceive legal force
or blind characters.

7. What’s the meaning of ‘Sources of Law’

It means the origin from which rules of human conduct come into existence and derive legal
force or binding characters.

8. Explain the principal classification of ‘Sources of Law’

Real sources: These are all phenomena which contribute to the production of the rule of law,
and determining, the content of it, such phenomena are: The Moral, religious and legal political
ideas of the people, specially of legislators and political leaders.

9. What’s Legislation?
It’s a process by which one or more state organs formulate an promulgares certain rules
generally observed, which are termed laws. (The legislative process in Mexico is regulated by
articles 71 and 72 of the Political Constitution of the United States of Mexico)

10. What are the two characteristics of customs (costumbres)?

Inveterata consuetudo, composed of a set of social rules derived from a more or less use, and;
Opinio juris seu necesitatis; These rules are transformed into positive law when individuals who
practice them recognize the obligation

11. Explain the jurisprudence

It’s a science of law or theory of positive law derived form the set of principles and doctrines
contained in the decisions of the courts
12. What are the individualized norms?
Rules that only apply to one or more members, individually determined, which it originate rights
and obligations. These are: judicial and administrative resolutions, wills and contracts, and
international treaties.

13. What’s the difference between Public and Private law?

Public Law Private Law

It studies the relationship between states. It studies the relationship between individual or
governed

14. Explain the three principal differences between Nacional and International Law about the
system
National Law International Law

It has a Constitution each state has its own legal It doesn’t have an only legal system, but it has some
system general systems as: sea law, economic law, EU,
UN, OAS

The states have three branches: It does’t have general branches, only in a specific
• Executive general system, for example: The United Nations
• Legislative
• Judicial
It applies in a specific territory. It applied only in the states who signed a particular
For example: The Federal Civil Code of Mexico, treaty;
only is applied in Mexico Mexico is part of the UN.

15. What’s the main difference between Public International Law and Private International Law?
Public International Law or Law of Nations Private International Law or Conflict of Laws

It’s a body of customary or conventional rules which
are considered as legal biding by civilized states in
their intercourse with each other and is concerned
solely with the rights and obligations of sovereign
states, organizations and individuals
It may be defined as the rules voluntarily chosen by
a given state for the decision of cases which have
‘foreign’ element

16. What are the kids of Public International Law?

Universal or general; in which case the stipulated rules bind all the states (or practically all
depending upon the nature of the rule),
Regional; Where bu a group of states linked geographically or ideologically may recognize
special rules applying only to them.

17. Announce the principal subjects of Public International Law

• Sovereign states (nation-sates)
• International organizations (Governmental and Non-Governmental
• Individual certain cases

18. What’s the concept of Public International Law?

Public international law is a group of legal norms that studies the relationship between
sovereign states, International organizations and individual with the purpose to carry out some
legal values in international life as justice, security, common good, order and peace.
19. Explain the three branches of Domestic Law
Legislative; is a recognized body of people to legislate or create laws
Executive; is an accepted system for enforcing those laws
Judicial; is a hierarchy of courts with compulsory jurisdiction to settle disputes over such laws.

20. Explain the principal examples about the role of force in the international law
Economic sanction; are institutional sanctions, the Security Council of The UN imposes
economic sanctions.

Self-Help; it’s procedure to resort the force or to take violent actions to defend certain rights of
the illegal acts of other states

21. What’s the Doctrine of Consensus?

• The state consent is transmuted into community acceptance because the creation of new
customary rules is not dependent upon the express consent of each particular state
• The international co-operations is importance in creating and acceptance new norms of
International law

22. According to Grotious where do the basic principals of the Law derive from?
From principal of justice which had a universal validity and which could be discovered by pure
reason and not for any human choice

23. How does Huffendor refer to Natural Law?

As a moral system, he misunderstood the direction of modern international law by denying the
validity of the rules about custom

24. What kind of doctrine was introduced by Vattel?

He introduced the doctrine of the equality of states into international law by distinguishing between
laws of action

articulo primero de convención de montevideo PREGUNTA DE EXAMEN