Introduction to Law

Scholar Year: 2023/2024 - 1S

Courses

Head Teacher Responsability João Tomás dos Santos Pina da Silva Head

Weekly workload Hours/week T TP P PL L TC E OT OT/PL TPL O S Type of classes 2 1 Lectures Type Teacher Classes Hours Theoretical Totals 1 2,00 Marta Dias   2,00 Practices Totals 2 2,00 Marta Dias   4,00

Teaching language

Portuguese

Intended learning outcomes (Knowledges, skills and competencies to be developed by the students)

- Promote understanding of key concepts, principles, branches and sources of law as an instrument of organization and regulation of social life and organizations.
- Promote the development of analytical faculties, abstraction and proper implementation of the legal reasoning in solving cases with legal significance, by applying methods of interpretation and application of law sources.
- Promote the ability to debate and legal discussions.

Syllabus

1 - WHAT LAW IS

1.1. Law: concept, characteristics and purposes
1.2. Meanings of the term "law": distinction between law and rights
1.3. Other normative orders - Moral, Savoir-Faire, Religion, Justice and Natural Law


2 - LAW IN INTERACTION WITH SOCIETY, POWER AND ECONOMY

2.1. Society and Law: from social normativity to legal normativity
2.2. Law and Power: the law as an emanation of political power; self-limitation of political power by law
2.3. Relationship between law and economics: the law as a key tool in economic and business management


3 - STATE

3.1. Concept of State: its constituent elements; types of States
3.2. The state's role in the world today
3.3. The supra-state institutions and sub-state; the principle of subsidiarity;
3.4. Portugal and the European Union Law:
3.4.1. Institutional aspects of the European Union;
3.4.2. Coordination between the EU law and national law;
3.5. Political organization in Portugal; sovereign bodies in the Portuguese Constitution.

4 - PORTUGUESE REPUBLIC CONSTITUTION (1976) AND FUNDAMENTAL RIGHTS

4.1. Constitutional principles
4.2. Fundamental rights - some aspects of the legal regime of Rights, Freedoms and Guarantees and on Economic, Social and Cultural Rights
4.3. practical application and protection of Fundamental Rights.

5 - SOURCES OF LAW
5.1. The law
5.1.1. The Hierarchy of legal norms;
5.1.2. The Legislative Process
5.1.3. The Effectiveness of Laws
5.2. The common law
5.3. The Jurisprudence
5.4. The Doctrine


6 - ELEMENTS OF THE LAW CONCEPT

6.1. Law system
6.1.1. scope
6.1.2. system concept and coding
6.1.3. Principles of Wholeness and Legal Order Perfection
6.1.4. The coercive protection as a characteristic element of the legal system

6.2. Rule of Law

6.2.1. Structure of the legal rule: forecast, ordenation and sanction
6.2.2.Technical features and Descriptions

6.3. Coercive protection

6.3.1. Means of protection of the legal system and the rule of law: preventive and repressive;
6.3.2. Material and Legal sanctions.
6.3.2.1. Liability: types of liability and the related assumptions; compensation and criteria for its calculation
6.3.2.2. Invalidity of legal transactions: some essential aspects of the legal regime of nullity and voidableness.

7 - LEGAL RELATIONSHIP

7.1. Notion

7.2. elements

7.2.1. Subject
7.2.2. Object
7.2.3. Fact
7.2.4. Warranty


8 - BRANCHES OF LAW

8.1. Private Law and Public Law

8.2. Civil law

8.2.1. Obligations
8.2.2. Real
8.2.3. Family
8.2.4. Successions

8.3. Commercial law

8.3.1. Acts of Trade
8.3.2. Dealer
8.3.3. Companies

8.4. Labour Law

8.4.1. Labour Contract and related figures
8.4.2. Labor Law Principles
8.4.3. Some Concepts
8.4.4. Labour Contract Termination

8.5. Tax Law

8.5.1. Notion of Tax Law
8.5.2. Tax and fee
8.5.3. direct taxes and indirect taxes
8.5.4. Portuguese tax structure: tax type

Assessment methodologies and evidences

Distributed evaluation with final exam
The assessment is made according to the assessment regulations of the school and includes continuous assessment and final assessment.
Continuous assessment comprises the mandatory holding of two individual written tests and the possibility of additionally be carried out on a topic proposed by the teacher for students to investigate and present (optional written paper).

The themes of the written paper will be chosen from a list provided by the teacher in the context of reference of the syllabus. The written paper will be, as a rule, carried out in groups of 2 or at most 3 students. The written paper will be delivered on paper and in electronic format. The teacher will establish the delivery dates of the work.
Students who do not get use continuous assessment, conduct the final evaluation

Continuous evaluation:
Students will use to obtain the average final grade ten values ​​and can not get score below eight values ​​in any of these tests.
If the student chooses to additionally perform a working group, the classification obtained in this work will have a weighting of 20% for its final classification. The final classification will be in this case the result of the weighted average of the individual written tests (80%) and the grade obtained on the written paper.
Students who do not get use continuous assessment, carry out the final evaluation.

Final evaluation
There are three final evaluation times:
Normal time | 1st season (is intended for students who did not opt ​​for continuous assessment)
The evaluation of the normal season consists of individual written exam. Will benefit students who obtain grade of 10 points.
Resource season | 2nd season (intended for students who did not have or did not obtain benefit at the normal time or continuous assessment)

Special Season The evaluation system of the Appeal season and special season is the same as Normal

Main Bibliography

Complementary Bibliography