Unit 3 Branches of Law Possible criteria for

Unit 3 Branches of Law

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

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

Read the text and explaint the two branches of law. Ø 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. Ø Source: https: //www. britannica. com/topic/procedural-law

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

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

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

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

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

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)

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

Fill in the gaps naming the appropriate branch of law. 1. 2. 3. 4. 5. 6. 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 forbidden forms of behaviour are delt with in ____________. Right of people related to the enjoyment of land other property are laid down in _______. The law regulating the rights of writers, musicians and other artists and the defintion of their intelectual creations is the subject matter of the _______.