REVISION (PART I – FROM ENGLISH FOR LAWYERS) English I.

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Presentation transcript:

REVISION (PART I – FROM ENGLISH FOR LAWYERS) English I

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!