Lecturer: Miljen Matijašević G10, room 6, Tue 15:30-16:30 Session 5, 18 Nov 2014

1. Revision of the previous sessions 2. Types of English Civil Law

1. What are the legislative bodies of the EU? 2. Who sits in the following bodies:  Council of the European Union  European Parliament  European Council 3. What is qualified majority and who votes by it? 4. What do you know about the European Commission? 5. What is the main task of the Court of Justice of the EU? 6. What about the Court of Auditors? Is it an actual court?

1. kontrolirati prihode i rashoda EU-a 2. kontrolirati ubiranje poreza 3. nadgledati tumačenje europskog zakonodavstva 4. obavljati godišnju reviziju 5. odobriti proračun EU-a

1. kontrolirati prihode i rashode EU-a – to check EU income and expenditure 2. kontrolirati ubiranje poreza – to check tax collection 3. nadgledati tumačenje europskog zakonodavstva – to supervise the interpretation of EU legislation 4. obavljati godišnju reviziju – to carry out a yearly (annual) audit 5. odobriti proračun EU-a – to approve the EU budget

6. glavna uprava 7. rješavati sporove izme đ u država članica 8. sastavljati prijedloge europskog zakonodavstva 9. uredba 10. uskladiti nacionalne politike

6. glavna uprava – Directorate General 7. rješavati sporove izme đ u država članica – to settle (resolve) disputes between Member States 8. sastavljati prijedloge europskog zakonodavstva – to draft proposals of EU legislation 9. uredba – regulation 10. uskladiti nacionalne politike – to co- ordinate (harmonise) national policies

Unit 29

 English civil law refers to:  a body of laws governing disputes between individuals  law relating to private and civilian affairs  a generic term for non-criminal law

 Civil law does not necessarily equal private law  It overlaps with areas such as:  family law  administrative law  revenue law  patents and copyright  etc.  civil law in the narrow sense: TORT LAW and CONTRACT LAW

civilwrong other than breach of contract  TORT – a civil wrong, less serious than a crime, committed by one person against another, other than breach of contract  adj. TORTIOUS (e.g. conduct or act)  does not result in prosecution (the state has no interest) but may lead to a civil lawsuit

 parties in a lawsuit: CLAIMANT and DEFENDANT TORTFEASOR  the defendant is the alleged TORTFEASOR – a person who has committed a tort LIABILITY BALANCE OF PROBABILITIES  the task of the court is to establish LIABILITY of the defendant, on a BALANCE OF PROBABILITIES

LIABILITY BALANCE OF PROBABILITIES  legal responsibility  finding the defendant liable means finding him responsible for the damage  the defendant’s actions have more likely than not caused the claimant’s damage  there has to be stronger evidence of liability than to the contrary

 the same act may be criminally prosecuted and subject to a civil lawsuit  the standard of proof is lower in civil lawsuits – cases are easier to win  an individual files the lawsuit, while prosecution is a decision of a public authority  remedies are different

 COMPENSATION  COMPENSATION: awarded injurydamagesustained/suffered  money awarded to the claimant to compensate for the injury or damage sustained/suffered  INJUNCTION:  a court order forcing the tortfeasor to discontinue an activity

 in criminal trials, remedies are e.g. imprisonment, fine (paid to the state), therefore, the victim gets no compensation

Do not confuse the terms!  Damage – injury or loss sustained by the claimant compensation  Damages – compensation sought, i.e. for the damage

 The court calculates the amount of compensation (damages) awarded to the claimant  general damages  general damages – compensation for the pain and suffering caused by the tortious act  special damages  special damages – compensation for past and future financial loss, including loss of earnings and/or loss of earning capacity

committed against with regard to intention 1. the person 2. property 1. negligent torts 2. intentional torts

 The main negligent torts are:  NEGLIGENCE – a breach of a duty of care owed to a claimant, who has consequently sustained injury or loss  NUISANCE – an act by the tortfeasor preventing the claimant from the use and enjoyment of his land (due to ‘harmful emmissions’) Q: Provide some examples of ‘nuisance’!

intentional torts against the person intentional torts against property  defamation  assault  battery  false imprisonment  fraudulent misrepresentation (deceit)  trespass to land  trespass to chattels  conversion

 Making written or oral statements including false information, damaging someone’s reputation  LIBEL – for statements in permanent form (print, broadcast, etc.)  SLANDER – statements made in speech defamatory, libellous, slanderous  adj. defamatory, libellous, slanderous (e.g. statement)

 Assault  Assault is an attack on a person causing apprehension (fear) of a violent attack, e.g. waving a knife or firearm in front of somebody  Battery  Battery goes further than assault because it has to involve physical contact, however minor

 False imprisonment  False imprisonment is intentional and unlawful deprivation of liberty  Fraudulent misrepresentation  Fraudulent misrepresentation is intentional deception made for gain or for the purpose of causing damage to the victim.  Both torts are also criminal offences

 is a direct and forcible injury committed against: 1. real property (trespass to land) 2. personal/movable property (trespass to chattels)

 TO LAND  TO LAND - e.g. walking over someone’s land without their consent – damage to land irrelevant, not a required element  TO CHATTELS damage to property must be proven  TO CHATTELS – e.g. using or interfering with the property of another without their consent – damage to property must be proven

 a tort relatable to the criminal offence of theft or larceny  goes further than trespass to chattels because it involves taking of another’s property without their consent  an invasion of the right of the owner to dispose of their property, but does not require the element of dishonesty (like theft)