Branches of Law

Revision 1. How can we define law? 2. What are the main functions of law? 3. What is the purpose of law? 4. What is a state?

The tale of King Rex Read The tale of King Rex (p. 16) and anwer the following questions: How does Fuller define a legal system? What does a legal system have to conform to? What does “inner morality of law” consist of? What are the eight essential principles of law according to Fuller?

Match the term with its definition: 1. coercion a. Agreement, harmony, conformity, or correspondence 2. compliance b. To find that someone is guilty of a crime 3. congruence c. The use of force to make someone do something 4. convict d. To make a law 5. enact e. Conforming to a rule 6. grounds f. Putting a law into effect by public announcement 7. jurisprudence g. To bring someone to court to answer a criminal charge 8. promulgation h. An Act of Parliament 9. prosecute i. The study of the law and legal theory 10. statute j. Basic reasons

Branches of Law Classification of Law

Classification of law Law can be classified by 1. the type (the matters that the law is regulating) 2. the source from which it comes

Substantive and procedural law Substantive law is the body of rules of law which regulate the rights, duties and liabilities among citizens and governments. Procedural law lays down the rules governing the manner in which a right is enforced under civil law, or a crime is prosecuted under criminal law. Substantive law – materijalno pravo Procedural law – postupovno (procesno) pravo

National and international law Internal (domestic, national) law – the law of a state regulating its domestic affairs; law which applies within a state. International law – A body of rules that regulates relations between states (public internatinal law) and rights and duties of individuals in their relations to foreign states and with each other (private international law) Internal law – unutarnje pravo

Public and private law Public law – the area of law in which the state has a direct interest (administrative law, constitutional law, revenue law, criminal law) Private law is concerned with disputes between private individuals or businesses. Constitutional law – ustavno pravo Administrative law – upravno pravo Revenue law – financijsko pravo

Public law Administrative law – the body of law which deals with the powers of the executive organs of the state Constitutional law – the area of law that deals with the interpretation and construction of constitutions Revenue law – the area of law concerned with income and taxes

Criminal and civil law Criminal law – a branch of law concerned with behaviour that is considered to be harmful to society as a whole: the state (prosecutor) takes legal action against the wrong-doer in the name of society Civil law – a branch of law that deals with disputes between individuals The injured party (plaintiff or claimant) takes legal action Claimant – tužitelj u građanskoj parnici

Subcategories of private (civil) law Law of contract Law of torts Law of property Family law Law of succession Company law Employment law Patents and copyrights

Law of contract Law of contract is the branch of the law which determines whether a promise is legally enforceable and what are its legal consequences.

Law of torts Law of torts deals with torts, which can be defined as civil wrongs. Examples of torts are: nuisance, negligence, defamation, and trespass.

Law of property Law of property determines the nature and extent of the rights which people may enjoy over land and other property – for example, rights of 'ownership' of land.

Family law Family law covers such matters as: validity of marriage, rules for divorce and the custody of the children.

Law of succession Law of succession regulates who inherits property when a person dies without a will, and establishes the rules for making a valid will.

Company law Company law regulates how a company should be formed, sets out formal rules for running companies, and deals with the rights and duties of shareholders and directors.

Employment law Employment law covers all aspects of employment, from the original formation of a contract of employment to situations of redundancy or unfair dismissal.

Translate the following paragraph: Civil law regulates relations between private persons or bodies. It is usually invoked only by the parties seeking to protect their private rights or interests. By contrast, a criminal offence is a wrong against the community. While the State has no interest in pursuing your civil claim, if you are a victim of a crime, such as theft, the State may prosecute the offender, whether or not you wish to take action against him. The aim of taking a criminal case to court is to punish the wrongdoer.

Civil cases Most civil cases are settled out of court. If the claimant sues the defendant the case is heard before a single judge who decides on fact and law in a civil court. If the judge finds the civil case proven, they enter judgment for the claimant.  They may make an order, e.g. an award of damages, against the defendant. If the judge does not find the case proven, they enter judgment for the defendant.

Criminal cases The prosecutor prosecutes the defendant, or the accused, in a criminal court. Criminal cases are heard without a trial if the defendant pleads guilty.  If the accused pleads not guilty, the case goes to trial. In common law countries, the jury decides issues of fact and passes the verdict: guilty or not guilty. The judge rules on points of law and passes a sentence on the defendant, e.g. a fine or a term of imprisonment. If the judge and the jury find the case is not proven, they acquit the defendant.

Complete the table with the legal terms related to civil and criminal law: Civil law Criminal law Civil and criminal law

Public or private law? Law of contract Law of torts Administrative law Law of property Revenue law Company law Civil law Family law Criminal law Constitutional law

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