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Course info
KTP / TPSZ
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Course description
Department/Unit / Abbreviation
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KTP
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TPSZ
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Academic Year
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2023/2024
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Academic Year
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2023/2024
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Title
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Theory of Law
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Form of course completion
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State Final Exam
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Form of course completion
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State Final Exam
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Accredited / Credits
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Yes,
0
Cred.
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Type of completion
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-
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Type of completion
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-
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Time requirements
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Course credit prior to examination
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No
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Course credit prior to examination
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No
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Automatic acceptance of credit before examination
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Yes in the case of a previous evaluation 4 nebo nic.
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Included in study average
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YES
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Language of instruction
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Czech
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Occ/max
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Automatic acceptance of credit before examination
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Yes in the case of a previous evaluation 4 nebo nic.
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Summer semester
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0 / -
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0 / -
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0 / -
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Included in study average
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YES
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Winter semester
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0 / -
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0 / -
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0 / -
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Repeated registration
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YES
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Repeated registration
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YES
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Timetable
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Yes
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Semester taught
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Winter + Summer
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Semester taught
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Winter + Summer
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Minimum (B + C) students
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1
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Optional course |
No
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Optional course
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No
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Language of instruction
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Czech
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Internship duration
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0
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No. of hours of on-premise lessons |
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Evaluation scale |
1|2|3|4 |
Periodicity |
každý rok
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Periodicita upřesnění |
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Fundamental theoretical course |
No
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Fundamental course |
No
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Fundamental theoretical course |
No
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Evaluation scale |
1|2|3|4 |
Substituted course
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None
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Preclusive courses
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KTP/TPDZ
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Prerequisite courses
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N/A
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Informally recommended courses
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N/A
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Courses depending on this Course
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N/A
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Histogram of students' grades over the years:
Graphic PNG
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XLS
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Course objectives:
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Check the students ability of legal reasoning and skillful application of legal concepts.
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Requirements on student
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State general exam after third semester substance content of three semesters of law theory
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Content
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The list of state examination is made public on the internet pages of the faculty of law.
1.The concept of rights, criminal responsibility. The right objective and subjective right. Legal positivism 19th century
2. The rule of law. concept of general and specific features of legal norms, and their structure
Legal language - characteristics and requirements of legal terminology.
3. Types of laws.
4. Material, personal, spatial and temporal scope of norms. Retroactivity in Law.
5. Making laws. Normative Theories of Law.
6. The law (the concept, structure). The principle of legal powers.
7. The legislation as a source of law. Classical natural law theory to 19 century.
8. Court precedent as a source of law.Jurisprudence and other sectors, sociology, psychology, logic, economics.
9. Subjects of law. Types of eligibility. Social contract theories (Hobbes, Locke, Rousseau, Rawls)
10. Right to private and public, substantive and procedural. The doctrine of law and its historical development ( Rechtsstaat and rule of law). Formal and substantive rule of law.
11.The concept and sources of international law, the relation of national and international.
The concept of human rights and development of the concept of human rights.
12. Methods interpretations legal text. (Linguistic, logical, systematic, teleological, historical, etc.) Text, intention and purpose of the interpretation.
13. The other interpretation pursuant to subjects performing the interpretation. Resolution binding interpretation and significance of the results.
14. EU law and its breakdown. Continental legal culture.
15. Subjective rights and legal obligations - concept, types (absolute and relative). Basic principles of law (legal principles) in the current law.
16. Legal relationship and its elements, creation, modification and termination of legal relationship (ex lege and the legal basis of the facts). Types of legal facts. Traditional and religious systems of law - Islamic law.
17. The concept of legal liability. Subjective and objective legal liability. The issue of fault.
Stand-term relationship between state and law. Jurisdiction and powers.
18. Legal protection of individual rights, the importance of judicial protection, other legal entities, self-help, legal assistance in protecting rights. Law and Justice-buffer (corrective, distributive ,social, retributive, procedural.
19. Application of legal standards (concept stage application process, acts of law application). The main differences between the flavors of laws. Equality and discrimination, freedom - (positive and negative).
20. Jurisprudence - purpose, structure, its relationship to the law. Anglo-American legal culture.
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Activities
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Fields of study
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Guarantors and lecturers
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Literature
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Basic:
Knapp, Viktor. Teorie práva. 1. vydání. Plzeň : ZČU, 1994. ISBN 80-7082-140-X.
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Extending:
Gerloch, Aleš; Hungr, Pavel; Zoubek, Vladimír. Základy teorie práva a právního státu. 4.vyd. Praha : Policejní akademie ČR, 1997. ISBN 80-85981-59-9.
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Recommended:
Holländer, Pavel. Filosofie práva. 1. vyd. Plzeň : Aleš Čeněk, 2006. ISBN 80-86898-96-2.
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Recommended:
Holländer,Pavel. Nástin filozofie práva.
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Recommended:
Hungr, Pavel. Právní filozofie : (Vybrané problémy pro 9. semestr). 1. vyd. Brno : Masarykova univerzita, 1993. ISBN 80-210-0615-3.
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On-line library catalogues
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Prerequisites
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Knowledge - students are expected to possess the following knowledge before the course commences to finish it successfully: |
Knowledge interpretation of a legal regulations and legal writtings. |
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Learning outcomes
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Knowledge - knowledge resulting from the course: |
The students are required to master the compulsory reading and to be able to use the acquired knowledge interpretation of a legal regulations and legal writtings. |
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Assessment methods
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Knowledge - knowledge achieved by taking this course are verified by the following means: |
Oral exam |
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Teaching methods
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Knowledge - the following training methods are used to achieve the required knowledge: |
Self-study of literature |
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