1. Branches of Law

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

3. Law and the State
Laws apply to a defined geographical area usually corresponding to the territorial limits of a State.
A State is a territorial division in which a community of people lives subject to a uniform system of law administered by a sovereign authority, e.g. a parliament.

4. The United Kingdom
The United Kingdom, comprising England, Wales, Scotland, and Northern Ireland, is a state.
Unitary state, parliamentary monarchy
There is not a single legal system in the UK.
English law and the English legal system apply in England and Wales.
The law and legal system of Scotland are different from those of England and Wales; to some extent, the same is true of Northern Ireland.
The legal system of Scotland has been considerably influenced by Roman law.

5. Match the words with their definitions:
1.breach
A punishment for an act which goes against what is generally accepted behaviour
2.claim
General agreement
3. consensus
The place in which a case is being heard
4. dispute
Property which is received by someone from a person who has died
5. enforcement
Things that are owned by someone
6. forum
An assertion of a legal right
7. inheritance
Failure to obey the law
8. property
The power to force someone to comply with the law
9. sanction
A disagreement or argument between parties

6. 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?

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

8. Classsification of Law
Branches of Law
Classsification of Law

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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
Try to find Croatian equivalents for these subcategories!

16. Law of contract – ugovorno pravo
Law of torts – odštetno pravo
Law of property – stvarno pravo, imovinsko pravo
Family law – obiteljsko pravo
Law of succession – pravo nasljeđivanja
Company law – pravo društava
Employment law – radno i službeničko pravo
Patents and copyrights – patentno i autorsko pravo

17. Match the branch of law and the matter it regulates:
Law of contract
family matters, such as marriage, divorce and custody of the children
Law of torts
Formation of companies and formal rules for running companies
Administrative law
income and taxes
Constitutional law
disputes between individuals
Revenue law
the powers of the executive organs of the state
Criminal law
the interpretation and construction of constitutions
Civil law
behaviour that is considered to be harmful to society as a whole
Family law
contracts and their legal consequences
Company law
Civil wrongs, such as nuisance or negligence

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

19. 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.

20. 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.

21. 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.

22. Translate the following phrases:
to settle a case out of court
to sue the defendant/to prosecute the defandant
to decide on fact and law in a civil court
to enter judgment for the claimant  
to award damages
to plead guilty/not guilty
to pass a sentence
a fine or a term of imprisonment
to hear a case
to acquit the defendant

23. Thank you for your attention!