1. Unit 3
Branches of Law

2. Possible criteria for division
Division according to the
subject matter
PROCEDURAL
LAW
SUBSTANTIVE
LAW
- Regulation of different areas of human activity
- Regulation of the manner / the steps for the application of rights / rules defined by the substantive law

3. COMPARING CIVIL & CRIMINAL LAW
PARTIES
prosecutor (usually the state)
Defendant
claimant (injured party)
PURPOSE
- to prosecute and punish an offender for a crime committed
- to prove GUILT
- to obtain a remedy for a wrong committed
- to establish LIABILITY
STANDARD OF PROOF
- beyond reasonable doubt
- balance of probabilities
REMEDIES
1. non-custodial sentences
fine (paid to the state)
community service
2. custodial sentence (imprisonment)
damages (compensation for damage/injury/loss, paid to the claimant)
injunction (prohibition of harmful conduct)

4. Read the text and explaint the two branches of law.
Procedural law, also called adjective law, the law governing the machinery of the courts and the methods by which both the state and the individual (the latter including groups, whether incorporated or not) enforce their rights in the several courts. Procedural law prescribes the means of enforcing rights or providing redress of wrongs and comprises rules about jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, costs, and other matters. Procedural law is commonly contrasted with substantive law, which constitutes the great body of law and defines and regulates legal rights and duties. Thus, whereas substantive law would describe how two people might enter into a contract, procedural law would explain how someone alleging a breach of contract might seek the courts’ help in enforcing the agreement.
Source:

5. Division according to the territory
PUBLIC
PRIVATE
INTERNATIONAL
LAW
DOMESTIC /
NATIONAL /
INTERNAL
LAW
PRIVATE
- conflict of
laws
e. g. validity
of foreign
divorce
PUBLIC
treaties
international
conventions
CRIMINAL
extradition
- hijacking, etc.

6. NATIONAL LAW according to
involved parties
PUBLIC
LAW
PRIVATE
LAW
areas of law
involving
private persons,
businesses
areas of law
in which the state/government
has
a direct interest

7. Read the text on p. 19 and complete the table with the examples of PUBLIC LAW AREAS
Area of public law
The aims of that area of law
Constitutional…

8. Read the text on p. 20 and complete the table with the examples of PRIVATE LAW AREAS
Area of PRIVATE law
The aims of that area of law
Law of contract
to determine whether a promise is legally enforeceable + its legal consequneces

9. Part Two – Course Descriptions
1. Read the course description, p. 23 and prepare answers for the given questions.
2. Make notes for the description of one of your courses at the Faculty of Law in Zagreb.
3. Do the language exercises, p.24

10. Expressions from the Unit 2 – translate into Croatian
the principal categories of law...
to set down rules for
to enforce rights
to prosecute crimes
to find (not) guilty
private / public law comprises...
public law consists of administrative & constitutional law
divisions of law: internal / international
substantive / adjectival
civil / criminal (criminal offence) -

11. Expressions from the Unit 2 – part II
to punish offences / the punishment of offences
the branch of law concerned with...
criminal offence as a wrong against the community
rights and duties of individuals towards…
to award damages
the claimant sues the defendant
to pass a sentence on the defendant
a fine / a term of imprisonment

12. Fill in the gaps naming the appropriate branch of law.
Such matters as validity of marriage of custody of the children are covered by the ___________ __________.
______________ _________ regulates the formatiion of a company, rights and duties of shareholders.
____________ __________ defines the powers and duties exercies by bodies of public administration.
Different types of punishment for forbidden forms of behaviour are delt with in ___________ ____________.
5. Right of people related to the enjoyment of land and other property are laid down in ______________ _________.
6. The law regulating the rights of writers, musicians and other artists and the defintion of their intelectual creations is the subject matter of the _________ _______.