Branches of law Unit 3

I Answer the following questions: 1. Which branches of law are you familiar with? What do they deal with? 2. What is the difference between private law and public law?  

II Complete the following table II Complete the following table. Decide whether the branches of law you mentioned belong to private law or public law. Give your reasons.   Private law Public law

The systemic character of the law The legal order has a systemic character: each element of the order forms part of a greater whole. There are various ways in which the law may be classified. The most important ways are by: 1) the type of law (i.e. matters that the law is regulating) and 2) the source from which it comes. According to the type, law can be classified as follows:  

Substantive and procedural law While substantive law regulates areas of human activity, procedural law sets down rules for the manner of enforcing the law in relation to that activity. 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 the criminal law.

National and international law National law is the law which applies within a state: each state has its own national law and there are often considerable differences between the laws of individual states. One branch of national law is the law relating to conflict of laws, otherwise known as private international law, which determines which national law governs a case in which there is a foreign element.  

Public international law Public international law governs the relationships between states and other entities operating on the international plane.  It is contained in conventions and treaties devised and agreed to by states to regulate activities in which they have a common interest or which take place across national borders. Its interpretation and enforcement may be the task of an international court recognised in or established by a treaty.

Public and private law   Within national law there is usually a clear distinction between public and private law. Public law involves the state or government in some way, while private law is concerned with disputes between private individuals or businesses. Both public and private law can be subdivided into different categories.  

Public law Constitutional Administrative Criminal

Constitutional law the rules which regulate the structure of the main branches of government: the executive, the legislature, and the judiciary, and their relationship to each other, and determine their main functions. Moreover, constitutional law defines the rights of the citizens.

Administrative law governs the exercise of powers and duties by public authorities.  

Criminal law sets out the types of behaviour which are forbidden and are subject to punishment. A person who commits a crime is said to have offended against the state, and so the state has the right to prosecute them. At the end of the case, if the defendant is found guilty, the court will punish them for the offence, because they have broken the criminal law.

Private law   Private law is usually called civil law and has many different branches. The main ones are: law of contract, law of tort, family law, law of succession, company law employment law.

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 is very important in the business world: it 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.  

Other areas of private law In addition to these areas of private law, there are also laws relating to copyright and patents, and many other topics, so it can be seen that civil law covers a wide variety of situations.

Civil vs. criminal law 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/her. The aim of taking a criminal case to court is to punish the wrongdoer.

IV Read the text once again and answer the following questions: What is the difference between substantive and procedural law? What is the difference between national and international law? What are the main branches of public law? What is the basic difference between public and private law? Why does criminal law belong to public law? What are the main branches of private law?  

V Fill in the following table explaining what the branches of private law listed below deal with:   BRANCH OF LAW EXPLANATION Law of contract   Law of tort Law of property Family law Law of succession Company law Employment law

VI Read the following text and complete the table with the legal terms related to civil and criminal law. Civil law Criminal law Civil and criminal law  

Civil law 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 law 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 for indictable offences 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.

VII Match the terms with their definitions: 1.acquit To make sure something is done or is obeyed 2.claimant Injury to someone’s reputation by publication of an untrue statement about them 3.custody Something which causes harm or inconvenience to a person or property 4.defamation A formal written agreement between two or more countries 5.defendant The fact of being legally responsible for paying for damage or loss incurred 6.enforce A person who makes a claim against someone in civil courts 7.liability To set a person free because he or she has been found not guilty 8.negligence A situation where someone is no longer employed because the job is no longer needed 9.nuisance The legal right of a parent to keep and bring up a child after a divorce 10.redundancy Someone who is sued in a civil case or accused in a criminal case 11.treaty Failure to give proper care to something 12. trespass Interfering with the land or goods of another person

VIII Form nouns and adjectives from the verbs where possible: NOUN (PERSON) NOUN (CONCEPT) ADJECTIVE acquit claim defend employ enforce interpret judge offend try

I Read the following course description and discuss the following questions: What are the most popular media today? What are the social functions and responsibilities of the media? Which legal problems may arise related to the modern media? Which issues do you think are regulated by media law?  

Media law Media Law is a fast developing and increasingly high profile area of law. It is an area related to freedom of expression and the right to communicate. The course covers a number of key themes in Media Law and will begin by looking at the meanings of media freedom. The topics in the course can be grouped into three broad categories:

Media law (1) Liability for media content – for example, when can the press publish facts about a person’s private life? Do public figures have weaker rights to reputation? Will media coverage prejudice a jury trial?

Media law (2) Legal assistance and control of newsgathering – can the police seize journalists’ notes? When do journalists have a right not to disclose the identity of confidential sources?

Media law (3) Media regulation – what system of regulation should govern the press? Why do we have different regulatory systems for television and newspapers (and where should the internet fit in)? How much media should any person or company be allowed to control?

Media law The course will also build on areas studied in tort law, criminal law, and constitutional and administrative law. The course will analyse these issues in the light of the political and social functions and responsibilities of the media.

II Answer the following questions:  Which rights and freedoms are involved in media law? What are the three broad categories into which topics related to media law can be grouped? What other related courses are mentioned in the text? What are the main learning outcomes of this course?

III Form nouns and/or adjectives from the verbs provided in the table: NOUN (PERSON) NOUN (CONCEPT) ADJECTIVE analyse   assist compete cover develop disclose regulate

IV Match the verbs with prepositions: 1.allow at 2.build on (2x) 3.draw into 4.intersect to 5.group with 6.look

V Discuss the following questions with a partner: Why is media freedom so important for modern democracies? Are there any situations in which media freedom can be limited? According to you, what are the political and social functions of the media? 4. In your view, what is the relationship between media freedom and the right to privacy?  

Research VI Find a course description on the web page of your university and summarize its contents in class.