English for social workers I session 3, 19 oct 2017 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 11:30-12:30
Today’s session About Law - revision Branches of Law
About Law Revision
About law Provide a definition of law. How do supporters of the natural law theory see law? What about legal positivists? What do you know about the procedural functions of law? What arrangements does it facilitate? What rights does it protect? Why doesn’t law necessarily provide justice?
Explain the following terms legal regulation purchase and sale property coercion breach enforce consensus provision enforcement
regulation – violation – comply – apply – resolve lay down – enter – coincide – enforce – sanction Law protects against the _________ of fundamental rights. It _________ to everyone, unless otherwise specified. Courts _________ the law, _________ disputes, and may impose _________ if a law is breached. Every institution can adopt _________ that govern its work and provide for rights and obligations of its employees. When contracting parties _________ into a contract, they must _________ with all the provisions _________ in it.
regulation – violation – comply – apply – resolve lay down – enter – coincide – enforce – sanction Law protects against the VIOLATIONS of fundamental rights. It APPLIES to everyone, unless otherwise specified. Courts ENFORCE the law, RESOLVE disputes, and may impose SANCTIONS if a law is breached. Every institution can adopt REGULATIONS that govern its work and provide for rights and obligations of its employees. When contracting parties ENTER into a contract, they must COMPLY with all the provisions LAID DOWN in it.
Law and Morality Hart-Fuller debate
Law and morality Discuss in groups: Should the law be based on morality? Do we all share the same moral standards? Think of examples. In your opinion, should the law be respected even if it deviates from morality? Give your arguments
Hart-Fuller debate Discuss the meaning of the following phrases: to be tried for a crime to convert a death sentence to prosecute someone for an offence grounds for conviction statute to enact a law retroactive legislation
Hart-Fuller debate Discuss the meaning of the following phrases: to be tried for a crime – suditi nekome za zločin to convert a death sentence – preinačiti smrtnu kaznu to prosecute someone for an offence – tužiti/kazneno goniti nekoga za kazneno djelo grounds for conviction – osnova za osuđujuću presudu statute - zakon to enact a law – usvojiti, donijeti zakon retroactive legislation – propis s retroaktivnim učinkom
Hart-Fuller debate Read the summary of the debate on p. 15 and asnwer the questions in exercise II Discuss the questions in exercise III in small groups
Branches of Law
Branches of Law INTRODUCTION What branches of law do you know? What do they regulate, to your knowledge? Write them down in your notebook
Classification of law INTERNATIONAL LAW NATIONAL LAW SUPRANATIONAL LAW 1: international treaties, conventions, etc. 2: laws of a country 3: legislation and court decisions of the EU
Classification of law PUBLIC LAW PRIVATE LAW 1: Law which concerns the public, the state, the whole society 2: Law that regulates relationships between persons and facilitates various social arrangements
Classification of law SUBSTANTIVE LAW PROCEDURAL LAW 1: lays down rights and duties in various areas (e.g. marital rights and duties, punishment for crimes) 2: lays down the rules of court procedures and other types of law enforcement (rules of evidence, rules of police detention, etc.)
Classification of law CRIMINAL LAW CIVIL LAW 1: involves the prosecution of and punishment for crimes by the state 2: non-criminal law, deals with disputes between individuals and regulates other areas of life not involving the state
Classification of law Read the first part of the text, concluding with ‘Public and private law’ Answer questions IV/1-2 Classify the branches you wrote down at the beginning of class into the chart in exercise II
Classification of law Read about public law Why is criminal law part of public law?
Classification of law Read about private law Do exercise V.
Translate into Croatian constitutional law administrative law criminal law family law company law employment law civil law
Translate into Croatian constitutional law – ustavno pravo administrative law – upravno pravo criminal law – kazneno pravo family law – obiteljsko pravo company law – pravo društava employment law – radno pravo civil law – građansko pravo
Translate into Croatian contract law law of torts property law law of succession
Translate into Croatian contract law – pravo ugovora, dio obveznog prava law of torts – odštetno pravo, dio obveznog prava, građanski delikti property law – stvarno pravo, imovinsko pravo law of succession – pravo nasljeđivanja, ostavinsko pravo
Civil vs. criminal law Read about the principal differences between civil and criminal law Summarize them in your own words Exercise VI – Read more about the procedure and terminology of civil and criminal law Complete the chart
Classification of Law Exercise VII – vocabulary Exercise VIII – word families
Thank you for your attention!