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Introduction To The Legal System - Module 1 (Università Commerciale Luigi Bocconi)
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INTRODUCTION TO THE LEGAL SYSTEM I
CODE 30047, 30428 – BIEM – BIEF
CLASSES 15 16 17 18 21 22
WRITTEN TEST
Mock Exam 1st Partial Non Attending
DO NOT ANSWER MULTIPLE CHOICE QUESTIONS ON THIS SHEET.
PLEASE USE THE ANSWER SHEET ATTACHED HERETO.
THERE IS SOLELY ONE CORRECT ANSWER TO EACH QUESTION. IF MANY
AN ANSWER APPARENTLY SUITS, PLEASE TICK THE MOST APPROPRIATE
ONE.
OPEN-ENDED QUESTIONS ARE TO BE ANSWERED WITHIN THE LINES
DRAWN
1.
a)
b)
c)
d)
2.
a)
b)
c)
d)
3.
a)
b)
c)
d)
4.
a)
b)
c)
d)
An antinomy is:
a conflict between two or more competing norms, which may be resolved by the so-called
hierarchical criterion (the superordinate norm prevails over the subordinated one).
a concept theorized to describe an inconsistency between Common law provisions and Civil
law provisions.
a set of criteria used on a case-by case basis to resolve (apparent) conflicts between two or
more competing norms.
an inconsistency between two or more norms that compete to regulate the same case, resolved
by the use of certain criteria.
Comments on the fragments of the Justinian compilation, between the lines of the
manuscript or on the margins which formed a critical apparatus called glossa, were
written by:
Harold J. Berman.
Friedrich Carl von Savigny.
Irnerius.
Gustav (Conrad von) Hugo.
The ius publicum europaeum:
did not replace the ancient ius gentium.
represents a body of rules negotiated by the states, with aim of binding the contracting states
themselves, but not their citizens.
represents a body of rules negotiated by the states, with aim of binding the contracting states
themselves and their citizens.
coexisted with the ancient ius gentium.
Although now terminated, the participation of the UK in the European Union:
further confirmed that English common law has always remained immune from the influence
of Roman law.
endorsed the lack of dialogue between common law and civil law.
made the contents of English law more similar to those of civil law.
led to the overcoming of the traditional case law, which is no more a distinctive element of
common law.
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5.
a)
b)
c)
d)
6.
According to a traditional claim of positivism, a legal system is:
both complete and consistent, in the sense that no gaps, or contradictions, or default rules can
be encountered in its primary rules.
complete but not necessarily consistent, in the sense that the rise of antinomies is allowed in
its primary rules.
both complete and consistent, in the sense that no gaps or contradictions can be encountered
in its primary rules.
both complete and consistent, in the sense that no gaps or contradictions can be encountered
in its primary and secondary rules.
a)
b)
c)
d)
The conception of law conceiving a direct participation of its subjects as a whole; so they
take part in juridical relations from time to time is called:
individual law.
rechtstaat.
legal anthropology.
social law.
7.
a)
b)
c)
d)
The Gaius’ Institutiones:
are a collection of Canon Law Principles.
are a minor part of the Digest (Digesta or Pandectae).
is a work of classical Roman jurisprudence received to date.
are a complete collection of Ancient Roman Law.
8.
a)
The positive function of the law:
is the promotional role of the law in order to ensure the unity of society and a guidepost for
acceptable behavior among its members.
is the primary seeking function of law to settle conflicts between individuals who have
different values.
is the role of the law in modifying and transforming a society from a strong identification with
its religious values towards secularized institutions.
none of the proposed answers is correct.
b)
c)
d)
9.
a)
b)
c)
d)
‘Hard cases’ are:
novel cases that prevent any creative interpretation of law by courts;
cases which are already covered by settled law;
cases that settle contention between different theoretical camps;
cases which are not yet covered by settled law and raise contention between different
theoretical camps.
10.
a)
b)
c)
d)
The instruments (or sources) of uniform law are either:
international conventions and binding provisions of Member States.
international conventions and model laws.
model laws and binding provisions of Member States.
binding provisions of Member States and model laws.
11.
The rule of private international law, according to which, in case of a conflict between
national laws, the one that must be applied is the national law of the court adjudicating
the case is defined as:
lex contractus.
lex societatis.
lex fori.
lex iudiciaria.
a)
b)
c)
d)
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12.
a)
b)
c)
d)
13.
a)
b)
c)
d)
14.
One of the basic ideas of the Code Napoléon was to:
uphold the particularism of the feudal regimes and preserve the French traditions.
apply the law irrespective of the social class or group to which a citizen happened to belong.
strengthen the distinction between the pre-existing droit écrit and droit coutumier by
disregarding customary law.
rule each area of private law solely on the basis of Roman law.
The pays de droit coutumier were:
central and northern regions of the Kingdom of France where, before the French revolution,
customs were primarily applied;
southern regions of the Kingdom of France where, before the French revolution, customs were
primarily applied;
southern regions of the Kingdom of France where, before the French revolution, the Roman
ius commune was primarily applied;
central regions of the Kingdom of France where customs had only a subsidiary role to play in
case where the Roman ius commune was not sufficient to solve the dispute.
a)
b)
c)
d)
The doctrine according to which law does not consist of divine rights but rather of norms
emanated from a legitimate authority is called:
natural law.
imperativism.
legal positivism.
legal absolutism.
15.
a)
b)
c)
d)
Self-performing remedies are:
legal tools the occurrence of which automatically flows from a tort.
set of promises, including protocols, in which the parties perform other promises.
legal tools the occurrence of which automatically flows from the breach of the contract.
none of the proposed answers is correct.
16.
a)
b)
c)
d)
The German BGB:
rested completely on Roman law and paid no heed to local customs.
rested completely on national legal practice and case law.
in contrast to the French code, paid no heed to abstract concepts.
excluded family law and succession from its subject matters.
17.
a)
b)
c)
d)
The concept of mute law was forged by:
Rodolfo Sacco.
Edward Adamson Hoebel.
Lewis H. Morgan.
Henry Summer Maine.
18.
a)
b)
c)
d)
The legal system which was born after the battle of Hastings was:
Civil law.
Common law.
Roman law.
Canon law.
19.
a)
Granular norms are:
personalized directives which are to be molded on the track record of relevant information and
continuously communicated to everyone.
hypothèse du non-droit.
set of promises, including protocols, in which the parties perform other promises.
legal tools the occurrence of which automatically flows from the breach of the contract.
b)
c)
d)
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20.
a)
b)
c)
d)
21.
Normativism:
has been radically challenged by imperativism in the eighteenth century.
conceives law as a set of rules that can be ascertained in themselves, through the analysis of
practical cases or judicial decisions.
conceives of law as an objectively existing reality that can be ascertained in itself, beyond
practical cases or concrete judicial decisions.
partly overlaps with the Scandinavian legal realism, which conceives law as a set of pre-set
rules which lead the judge to make one decision instead of another.
c)
d)
According to the conditional structure of rules, a legal rule is to be brought back to the
following scheme:
if a state of affairs occurs, then someone will be burdened with a sanction if the legal rule states
so.
if a sanction is applied, then the legal rule shall not mandatorily describe the particular state of
affairs occurred.
if a state of affairs occurs, then someone will be burdened with a sanction.
if a state of affairs does not occur, then someone will be burdened with a negative sanction.
22.
a)
b)
c)
d)
The theory of dissociation of legal formants:
was elaborated by Helmut Coing.
was elaborated by Reinhard Zimmermann.
was elaborated by Paul Koschaker.
was elaborated by Rodolfo Sacco.
23.
a)
UNCITRAL is:
the legal body established by the United Nations that prepares and upholds the adoption of
homogeneous legislative instruments in the field of international trade, in order to modernize
the related national legislations.
an independent intergovernmental organization established by the League of Nations that
searches for the best methods to coordinate and modernize private and commercial national
laws by applying harmonized principles and rules.
a treaty intending to promote international trade by removing obstacles to the choice of law
and by providing a uniform and harmonized regime for contracts for the international sale of
goods.
a US private organization that brings together judges, practitioners and scholars of law and its
aim is to promote the clarification and simplification of US Common law.
a)
b)
b)
c)
d)
24.
a)
b)
c)
d)
25.
a)
b)
c)
d)
Secondary rules aim at:
enforcing the primary ones, which are set forth only by supranational entities (EU, WTO, UN,
etc.), thus ensuring the certainty of a national legal system.
identifying, changing, and enforcing the primary ones, thus ensuring the certainty of a legal
system.
defining the scope of mandatory rules, thus ensuring the effectiveness of public power.
defining the scope of default rules and primary rules, thus ensuring the certainty of a legal
system.
Kant’s legal and philosophical thought affects
the Austrian Allgemeneis Bürgerliches Gesetzbuch (ABGB).
the Civil code.
the Bürgerliches Gesetzbuch (BGB).
the Code Napoléon.
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26.
a)
b)
c)
d)
27.
a)
b)
c)
d)
The main collection of canon law, developed by the Catholic Church since it became
organized as a political institution, was:
the Decretum Gratiani, made up right before the middle of the 12th century.
the Digest, which is a collection of exerts from about two thousand writings of the most
important Roman jurists.
the Codex Justinianus.
the Novellae, subsequently supplemented by a collection of feudal books, which formed the
so-called decima collatio.
Traditionally, Justinian compilation:
consists in a multi-part collection of civil law and its sources, published in AD 1582.
is a didactic work, structured in fifty books, constituted by slivers of roman jurists’ works,
enacted in AD 533.
consists in a handbook of law written around AD 161.
is a multi-part work of Roman law and the concrete result of a project aimed at collecting all
the previous legislative and jurisprudential traditions
CORRECT ANSWERS:
1. D
2. C
3. B
4. C
5. C
6. D
7. C
8. A
9. D
10. B
11. C
12. B
13. A
14. C
15. C
16. A
17. A
18. B
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19. A
20. C
21. C
22. D
23. A
24. B
25. A
26. A
27. D
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OPEN ENDED QUESTIONS
1) Elaborate on private international law, focusing in particular on the issue of conflict
of laws
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OPEN ENDED QUESTIONS
2) Describe the process of medieval renaissance of Roman Law
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