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Flashcards in Fundamental Legal Concepts Deck (29)
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1
Q

What scheme is used to analyse rights and other legal terms?

A

Wesley N Hohfeld ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning’ (1913, 1917)

2
Q

What will a complete statement of a legal position contain?

A

(a) the person holding the position
(b) the actual position
(c) the action that is the content of the position
(d) the other person relative to whom the position is held

3
Q

‘Audrey has, towards Benedict, a duty to pay him £50’

Name what Audrey’s duty is relative to?

A

(a) Benedict

(b) the actin of paying him £50

4
Q

‘Audrey has, towards Benedict, a duty to pay him £50’

Name the correlative side of this legal relation.

A

‘Benedict has, against Audrey, a right to be paid £50’

5
Q

What is a claim right?

A
  • right in the strict sense of the word
  • always concerns an action or omission by someone else
  • correlative of a further
6
Q

‘Audrey has, towards Benedict, a duty to pay him £50’

Negate this sentence

A

‘It is not the case that Audrey has, towards Benedict, a duty to pay him £50’

7
Q

The negation of a legal position is…

A
  • a legal position itself

- known as liberty or privilege

8
Q

How is the term liberty applied?

A
  • the negation of a duty to do something is a liberty not to do it
  • the negation of a duty not to do something is a liberty to do it
9
Q

‘It is not the case that Audrey has, towards Benedict, a duty to pay him £50’

What could this be reworked as?

A

‘Audrey has, towards Benedict, a liberty not to pay him £50’

10
Q

Whose action do ‘claim rights’ refer to?

A

Always refer to someone else’s action (the duty holder)

11
Q

Whose action do ‘liberties’ refer to?

A

Always refer to the liberty holders own action

12
Q

‘Audrey has, against Benedict, a liberty not not to assault him’

What is the correct formulation of this?

A

‘Audrey has, against Benedict, a liberty to assault Benedict’

13
Q

What is the correlative position of a duty?

A

A right

14
Q

What is the contradictory position of a duty?

A

A liberty not

15
Q

What is the correlative position of a liberty not?

A

A no-right

16
Q

What is the contradictory position of a no-right?

A

A right

17
Q

‘A has, towards B, a duty not to hit B below the belt’

What is B’s correlative position?

A

‘B has, against A, a right not to be hit by A below the belt’

18
Q

‘A has, against B, a right not to be hit by A below the belt’

What is B’s correlative position?

A

‘B has, towards A, a duty not to hit B below the belt’

19
Q

‘A has, against B, a liberty to hit B according to the rules’

What is B’s correlative position?

A

‘B has, against A, a no-right not to be hit by A according to the rules’

20
Q

‘A has, against B, a no-right not to be hit according to the rules’

What is B’s correlative position?

A

‘B has, against A, a liberty to hit A according to the rules’

21
Q

What is the simple definition of a legal relation?

A

The relation that holds between two persons who occupy correlative positions

22
Q

Is not having a legal position itself, a legal position?

A
  • Yes
  • so, when we deny that someone has a certain position, we assert that they have the contradictory position (it is not the case that)
23
Q

Complete the sentence

If I have a right…

A

Someone else has a duty (vice versa)

24
Q

Complete the sentence

If I have a liberty…

A

I don’t have a duty

25
Q

According to Holfeldian ethics, what is a multital right?

A
When the class of duty-holders is indefinite (as in the idea of a right held against “everyone”),
each one of the separate but indefinitely numerous rights is called by Hohfeld a “multital”
right.
26
Q

According to Holfeldian ethics, what is a paucital right?

A
When someone holds several similar rights against a definite class of duty-holders, each
of those separate rights is called a “paucital” right
27
Q

According to Holfeldian ethics, what is a unital right?

A

a unique right against a single,

definite person is called a “unital” right

28
Q

Complete the sentence:

The negation of a duty to do something is a _____ to do it

A

liberty not

29
Q

Complete the sentence:

The negation of a duty not to do something is a _____ to do it

A

liberty