Download I. Division of Law

3 Division of Law
1
I. Division of Law
private law X public law
relationship between individuals X
relationship between an individual and the state
civil law X criminal law
seeking compensation X imposing punishment
substantive law X procedural law
defining rights and duties of parties X
laying down the rules for their enforcement
Division of law
private law
public law
law of trusts
law of torts
land law
family law
law of probate
law of contracts
constitutional law
international law
criminal law
Definitions
law of contracts: the branch of law governing the
creation, variation, enforcement, and annulment
of legally binding agreements between persons
law of torts: the body of law concerned with
compensation the victims of civil wrongs
independent of contract
family law: the body of law relating to marriage,
separation, divorce and the custody of children
law of probate: the area of law dealing with
arrangements relating to the validity of will and
the administration of estates after the owner's
death
administrative law: the body of law that governs
the activities of administrative agencies of
government
land law: the area of law which deals with rights
and interests related to owning and using
immovable assets
law of trusts: the area of law dealing with
arrangements whereby property is held by one
party for the benefit of another
criminal law: the part of law which deals with
illegal conduct prohibited and punished by the
government because it threatens and harms
public safety
Formal definitions
Term to be defined
Verb (to be, to
Class of
mean, to be defined concepts
as, …)
Special features
Substantive law
can be defined
as
the set of
rules
which creates, defines
and regulates rights and
duties of parties, such
as crimes and
punishments in criminal
law.
Common law
could be
understood as
a system of
law
based on custom which
is administered and
developed by the courts
in judicial decisions.
constitutional law could be defined as the body of
law which defines the relationship of different
entities within a state
procedural law can be defined as the legal rules
governing the practice and procedure of the
courts when conducting lawsuits
criminal procedure
parties
the wrong is
called
aim
standard of
proof
defendant is
(found)
possible
outcomes
examples of
wrongs
citation of
cases
useful verbs
prosecutor X defendant
(state X individual)
a crime, an offence
to bring justice to the victim
to punish
beyond reasonable doubt
civil procedure
claimant/plaintiff X defendant
(individuals or organisations)
a tort, a civil wrong
to compensate people for monetary
losses or settle disputes
on the balance of probabilities
found guilty of (a crime)
found not guilty of …
found liable for (negligence) ,
found not liable for …
1) conviction: e.g. imprisonment
2) acquittal
compensation/remedy
e.g. damages, specific performance,
injunction
negligence, tort
breach of contract
murder, theft,
armed robbery, arson
R v. Novak (UK)
The people v. Novak (USA)
to investigate, to charge with (an
offence/a crime), to try (a criminal
case), to convict somebody of
(a crime), to punish, to acquit,
to sentence, to imprison
Svoboda v. Novak
to sue, to take a legal action, to
try (a civil case)
to award (damages), to resolve
a dispute
Criminal and civil procedure
(i) They were compensated …
(ii) The defendant was convicted
…
(iii) He was charged …
(iv) The defendant is innocent…
(v) Her injury was caused …
(vi) The claimant was awarded. …
(vii) Torts are distiquished …
(viii) The prosecutor must prove
the case ...
(a) … damages.
(b) … beyond reasonable
doubt.
(c) … from crimes.
(d) … for a loss.
(e) … until proven guilty.
(f) … of the robbery.
(g) … with the murder.
(h) … by negligence.
Criminal and civil procedure
(i) They were compensated …(d)
(ii) The defendant was convicted … (f)
(iii) He was charged …(g)
(iv) The defendant is innocent …(e)
(v) Her injury was caused …(h)
(vi) The claimant was awarded … (a)
(vii) Torts are distinguished … (c)
(viii) The prosecutor must prove the
case ..(b)
… for a loss.
… of the robbery.
… with the murder.
… until proven guilty.
… by negligence.
… damages.
… from crimes.
… beyond
reasonable doubt.
Criminal and civil procedure
Exercise 2.3
verb
noun
to compensate
to acquit
to sue
to prove
to try (a case)
to presume
to lose
to prosecute
to breach/break
compensation
acquittal
law-suit
proof
trial
presumption
loss
prosecution
breach
Criminal and civil procedure
presumption
a) The _____________of
innocence means that
the defendant doesn’t have to prove they are
innocent.
lawsuit/trial the claimant must
b) To win a _____________
prove the legal liability of the defendant.
try
c) U.S. federal courts __________
cases involving
federal laws.
breaches/breaks the
d) When one party ________________
contract, the other party can sue for damages.