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 Dinamene Santos   2,00 Practices Totals 3 3,00 Tiago Araújo   3,00

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 carried out in accordance with the School's assessment regulations and comprises continuous assessment and final assessment, taking into account the exceptional situation arising from the SARS COVID-19 pandemic.

Continuous evaluation:
The continuous assessment includes the mandatory completion of two individual written mini-tests (through online means) and a written test in person.
Students will be successful if they obtain the final average classification of ten values, not being able to obtain a grade lower than eight values ​​in any of the referred mini-tests and test.

Students who do not succeed in continuous assessment will carry out the final assessment.

Final evaluation
There are three times of final evaluation:
Normal Season | 1st season (intended for students who have not opted for continuous assessment)
The assessment of the normal season consists of an individual written exam. Students who obtain a classification of 10 values ​​will be successful.
Season of Appeal | 2nd season (intended for students who have failed or failed in the normal season or continuous assessment)

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

Main Bibliography

Complementary Bibliography