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Lecturer: Miljen Matijašević G10, room 6/I, Wed 11:30-12:30 e-mail: firstname.lastname@example.org Session 3, 29 Oct 2010 1. Revision of the previous session 2. Sources and Varieties of English Law 1. Outline the main features of the civil law system. 2. What about the common law system? 3. Name at least 4 meanings of the word ‘law’. Mind the use of the article! 4. Who does these things and what do they mean? ◦ to lay down the law ◦ to enforce the law ◦ to interpret the law ◦ to practice law ◦ to conform to the law COMPLETE USING THE WORDS ABOVE 1. _______ is another word for duress, which means forcing someone to do something. 2. Law is a system of rules with a certain social _______. 3. Failure to _______ to the law may lead to penalties. 4. When you break the law, this is called a(n) _______. 5. The legislature enacts laws and the courts _______ them. 6. Laws are _______ by governments. They also reserve the right to punish _______ which can be interpreted as _______, which means disregard, or violation of the law. COMPLETE USING THE WORDS ABOVE 1. COERCION is another word for duress, which means forcing someone to do something. 2. Law is a system of rules with a certain social PURPOSE. 3. Failure to CONFORM to the law may lead to penalties. 4. When you break the law, this is called a(n) INFRACTION. 5. The legislature enacts laws and the courts ENFORCE them. 6. Laws are IMPOSED by governments. They also reserve the right to punish CONDUCT which can be interpreted as NEGLECT, which means disregard, or violation of the law. Unit 2 What are the Croatian terms for the above? NOTE: religious law – legal system civil law – double meaning: ◦ (continental) civil law – legal system ◦ civil law – field of law (as opposed to criminal law) common law – double meaning: ◦ legal system ◦ a source of law Consider the relationships between the following 1. The United Kingdom of Great Britain and Northern Ireland 2. The Republic of Ireland Great Britain: England, Wales and Scotland Certain political and legal independence England and Wales share a common legal system, while Scotland and Northern Ireland have separate legal systems COMMON LAW – substantive law and procedural rules created by judicial decisions made in the courts STATUTE LAW – laws enacted by the Queen in Parliament (statutes, i.e. Acts of Parliament) EQUITY – a parallel system to common law EU LAW – EU legislation and decisions of the European Court of Justice (ECJ) applicable in all Member States before the Norman Conquest (1066), laws were local and based on custom, administered by feudal courts Norman Kings – political and administrative unification introduced a national legal system and a system of courts Henry II (1154-89) - the common law system was instituted in its entirety national legal system based on case law, which developed into judicial precedents – the basis of common law to the present day • common law system proved rigid in its practices and its remedies often led to unsatisfactory results • dissatisfied litigants turned to the monarch • the monarch forwarded these petitions to the Lord Chancellor (Keeper of the King’s Conscience) • the Court of Chancery was formed to deal with these petitions • developed into a separate system within English law known as EQUITY, as the Lord Chancellor was not bound by precedents administered by common law courts, but was rather guided by equity, i.e. fairness e.g. where common law could only impose a payment of damages, equity had the option to issue an injuction or order specific performance equity soon established jurisdiction over matters where common law was failing, and as such continued to exist for five centuries The Supreme Court of Judicature Acts 1873-1875 reformed the system of courts and brought together the common law courts and the courts of Chancery the Court of Chancery became the Chancery Division of the High Court of Justice, which it remains until the present time equity has its own set of precedents where common law and equity conflict, equity prevails The jurisdiciton of the Chancery Division of the High Court of Justice today includes areas such as: Disputed intellectual property, copyright or patents; Redemption and foreclosure of mortgages; Land law matters; Revenue issues; Professional negligence claims against solicitors, accountants, surveyors and others; Etc. ... in the next session! Study the figure on page 5 carefully. Discuss what each branch of law deals with and give examples of cases which belong to a particular field. Exercise 5, p.9 – match the branches of law with their definitions 1. What are the four sources of English law? 2. Explain the two meanings of common law! 3. Who is subject to EU law and where is it created? 4. What are the origins of common law? 5. Outline the history of equity! 6. Explain the following : private law vs. public law criminal law vs. civil law substantive law vs. procedural (adjectival) law Thank you for your attention!
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