Transcript Tax Law I Revision [738,5 KiB]

English I
REVISION
(PART I – FROM ENGLISH FOR LAWYERS)
What Is Meant by Law?
 Why is it difficult to define the term law?
 The most common definition of law in English legal
theory (the elements: conduct, a state, the courts)
 The social purpose of the law
Vocabulary revision
 Rules to which actions conform
 Rules of conduct
 To avenge violation
 To establish social order
Translation
 A norm is a law if its infraction is regularly met, in
threat or in fact, by the application of physical force
by an individual or group possessing the socially
recognised privilege of so acting.
Sources and Varieties of English Law
 The rules of equity
 Common law
 Public and private law (criminal and civil law)
Vocabulary revision
 Rules of equity
 Common law
 Judicial precedents
 Civil and criminal law
Translation
 Further differences derive from the fact that English
common law is a native product of Britain and has
absorbed only a few rules of Roman law.
Statute Law in Britain
 Parliament (the House of Commons and the House
of Lords)
 The procedure of making statutes
 Public and private acts
Vocabulary revision
 Statute law
 Legislature
 Adjudication
 Public acts
 Repeal
Translation
 If a new statute alters the effect of some older statute
already in the book, the new statute must clearly
include a repeal of whatever in the old one is
inconsistent with the intentions of the new.
The Legal Profession in England
 How to become a solicitor
 The solicitor’s job
 How to become a barrister
 The barrister’s job
 Complex cases – the co-operation between a solicitor
and a barrister
Vocabulary revision
 To serve articles
 Conveyancing
 Inns of the Court
 Pupillage in chambers
 The right of audience in court
Translation
 A barrister intending to practice must choose in
which part of the law he or she intends to specialize.
A portion of their work includes th drafting of
opinions on difficult points of law, the settling of
pleadings, and advice on evidence and procedural
matters.
Legal Aid
 What is Legal Aid?
 Who can obtain legal aid free of charge?
 The Legal Advice and Assistance Act of 1972
 Access to Justice Act of 1999
 Legal aid in civil matters
 Legal aid in criminal matters
Vocabulary revision
 People of limited means
 Civil case and criminal charge
 The Legal Advice and Assistance Act
 Litigation
 Supplementary Benefit
 Legal advice centre
Translation
 It was not until the Legal Advice and Assistance Act
of 1972 that the services of a solicitor were similarly
obtainable for work not necessarily involving
litigation.
From the Constitution of the Republic of Croatia
 Unitary state, democratic state, social state
 What can the Croatian Sabor and people decide on?
 The highest values of the constitutional order of the
Republic of Croatia
Vocabulary revision
 Power derives from the people
 Inalianeable sovereignty
 Inviolability of ownership
 Separation of powers
 Laws conform with the Constitution
The Significance of a Constitution
 What is a constitution?
 What does a constitution establish?
 What does a constitution legitimize?
Translation
 As the supreme legal act, a constitution establishes
the basis for relations between citizens and
governmental bodies and all those who are vested
with public authority.
The Nature and Sources of American Federalism
 The Virginia Plan and the New Jersey Plan
 The definition of American federalism
 National powers
 State powers
 Concurrent powers
Vocabulary revision
 Framers of the Constitution
 Threefold distinction
 Civil war
 Allocation of powers
 Concurrent powers
 To levy taxes
Translation
 The Constitution expressly gives to the national
government such important powers as levying taxes,
but it makes no effort to prohibit the states from also
exercising such authority within their own borders.
Thank you for your attention!