Transcript English for Law 1

Lecturer: Miljen Matijašević
G10, room 6/I, Tue 15:30-16:30
e-mail: [email protected]
Session 3, 17 Oct 2014
1.
Revision of the last session
2.
Sources and Varieties of English Law
3.
Vocabulary practice
What is Meant by Law?
Separation of Powers
1.
Name at least 4 meanings of the word ‘law’
2.
Find synonyms for:
◦
behaviour
◦
lay down
◦
law-making (adj.)
◦
a written set of rules issued by an authority
◦
to be in accordance with (a law)
Who does these actions:
3.
◦
enact,
◦
enforce,
◦
interpret,
◦
practise law.
Laws are usually enacted by the legislative
branch of the government. Once a
regulation enters into force, the citizens
of that country must conform to it. Any
conduct contrary to that regulation is
interpreted as a violation of the
regulation and may lead to penalties.
These are given by the judiciary or
institutions which are responsible for
enforcing the regulation.
Zakone obično donosi zakonodavna
vlast. Kada neki propis stupi na snagu,
građani te zemlje moraju ga se
pridržavati. Bilo kakvo ponašanje
suprotno tome propisu smatra se
kršenjem istog i može biti kažnjeno.
Kazne određuje sudstvo ili institucije
odgovorne za provođenje tog propisa.
Unit 2
PRINCIPAL DIVISIONS:
international law – national law
(also: supranational law - EU)
public law – private law
PUBLIC LAW – area of law in which the state has
a direct interest
PRIVATE LAW – area of law involving private
citizens
family law
constitutional law
criminal law
public law
administrative law
labour law
procedural law
company law
private law
civil law
substantive law
commercial law
What are the Croatian terms for the above?
family law – obiteljsko pravo
procedural law – procesno pravo
constitutional law – ustavno pravo
company law – pravo (trgovačkih)
criminal law – kazneno pravo
društava
public law – javno pravo
private law – privatno pravo
administrative law – upravno pravo
civil law – građansko pravo
labour law – radno pravo
substantive law – materijalno
pravo
commercial law – trgovačko pravo

Consider the relationships between the following
Great Britain
The British Isles
Wales
England
The United Kingdom
Ireland
Scotland
Northern Ireland
1.
2.



The United Kingdom of Great Britain and
Northern Ireland
The Republic of Ireland
Great Britain: England, Wales and Scotland
Certain political and legal independence
England and Wales share a common legal
system, while Scotland and Northern Ireland
have separate legal systems




COMMON LAW – substantive law and
procedural rules created by judicial decisions
made in the courts
STATUTE LAW – laws enacted in Parliament
(statutes, i.e. Acts of Parliament)
EQUITY – a parallel system to common law
EU LAW – EU legislation and decisions of the
Court of the EU applicable in all Member
States




before the Norman Conquest (1066), laws were
local and based on custom, administered by feudal
courts, no centralised system
Norman Kings – political and administrative
unification
introduced a national legal system and a system of
courts
Henry II (1154-89) - the common law system was
instituted in its entirety

national legal system based on case law, which developed
into judicial precedents – the basis of common law to the
present day

common law – a collection of court rulings (precedents) which
have the power of law and must be followed by judges –
previous decisions must be repeated

provides examples of rulings, not general principles
• common law system proved rigid in its
practices and its remedies often led to
unsatisfactory results
• dissatisfied litigants turned to the monarch
• the monarch forwarded these petitions to
the Lord Chancellor (Keeper of the King’s
Conscience)
• the Court of Chancery was formed to deal
with these petitions
• developed into a separate system within
English law known as EQUITY, as the Lord
Chancellor was not bound by precedents
administered by common law courts, but
was rather guided by equity, i.e. fairness

e.g. where common law could only impose a
payment of damages, equity had the option to
issue an injuction or order specific performance

equity soon established jurisdiction over matters
where common law was failing, and as such
continued to exist for five centuries
The Supreme Court of Judicature Acts 1873-1875






reformed the system of courts and brought together
the common law courts and the courts of Chancery
the Court of Chancery became the Chancery Division
of the High Court of Justice, which it remains until the
present time
equity has its own set of precedents
where common law and equity conflict, equity
prevails
courts fused but not the law!
litigants can seek legal and/or equitable remedies
from the same court
... in the next session!
branch of law
area/field of law
source of law
substantive law
procedural law
common law
statute law
equity
EU law
precedent
(legal) remedy
litigant
damages
injunction
specific performance
1.
2.
3.
4.
5.
The part of law concerned with the punishment
of offences defined as crimes by the law
The branch of law concerned with family
matters
The law of state regulating its domestic affairs
The part of law concerned with the constitution
or government of the state, or the relationship
between the state and citizens
The part of law concerned with income and
taxes
1.
2.
3.
4.
5.
The branch of law primarily concerned with the
rights and duties of individuals towards each other
The part of law consisting of rules which determine
how a case is administered by the courts
The body of law which deals with the powers of the
executive or administrative organs of the state
A body of rules that control or affect the rights of
states in their relations with each other and of
individuals in relation to foreign states
The law that determines the rights and duties, used
by the courts in making decisions
Thank you for your attention!