How To Determine Hypothesis, Disposition And Sanction

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How To Determine Hypothesis, Disposition And Sanction
How To Determine Hypothesis, Disposition And Sanction

Video: How To Determine Hypothesis, Disposition And Sanction

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Hypothesis, disposition and sanction are parts of the rule of law. Each of them performs its own function. Dividing the article into three components will help you better understand the rule of the law, and therefore, correctly apply it.

How to Determine Hypothesis, Disposition and Sanction
How to Determine Hypothesis, Disposition and Sanction

Instructions

Step 1

Define a hypothesis. It contains a condition for the implementation of a legal norm. This can be, for example, a sign of the subject of the offense, such as age and his sanity. Carefully read the article of the law and highlight the data, in the presence of which it can be applied. Keep in mind that hypotheses can be specific or general by type. An example of a specific hypothesis can be one that establishes individual conditions for the operation of a law. If the rule of law that you are considering lists the circumstances under which the criminal case is terminated, this is a specific hypothesis. It is also called casuistic. In contrast to it, a general or abstract hypothesis does not highlight special conditions, but introduces a rule of law with general characteristics.

Step 2

Go to the search for disposition. It directly formulates a rule of behavior that is lawful, and also reveals signs of illegal behavior. If the article you are studying relates to civil law, most likely, the disposition will describe the principles of lawful behavior. On the contrary, in the articles of the criminal code, you will see a list of signs of prohibited actions. Explore the types of dispositions: simple, descriptive, blanket, and reference. The first disposition includes a direct description of the act without its signs, because it is implied that they are obvious. In the article with a descriptive disposition, all the mandatory signs of behavior are disclosed. A reference to another rule of law is contained in the reference disposition. The blanket one proposes to apply to another normative act. Do not forget not only to highlight the disposition, but also to indicate its type.

Step 3

Find a sanction. It indicates all the legal consequences, both negative and positive. The sanction can be formulated as a type and measure of punishment, as well as an incentive measure.

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