What is Meant by Law13

8/11/2019 What is Meant by Law13

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WHAT IS MEANT BY

LAW?Unit 1


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Structure

1. Definitions of law

2. Purpose of law

3. Classification of law

4. Law and morality

5. Law and religion

6. Law and justice:Revill v Newbery (1996)

7. Exercises

8. Legal terms


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What is law?

Law, says the judge as he looks down his nose,Speaking clearly and most severely

Law is as Ive told you before,Law is as you know I suppose, Law is but let me

explain it once more,

Law is The Law

(W.H.Auden. Extract from Law is Like Love)


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The Law

(Collins Cobuild English Dictionary)

1. a system of rules that a society orgovernment develops in order to deal withcrime, business agreements, and social

relationships. You can also use the law torefer to the people who work in thissystem. They are seeking permission to

begin criminal proceedings against him forbreaking the law on financing politicalparties...


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law

2. Lawis used to refer to a particularbranch of the law, such as criminal lawor company law. Under international

law, diplomats living in foreign countriesare exempt from criminal prosecution...


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law

3. A law is one of the rules in a system oflaw which deals with a particular type ofagreement, relationship, or crime

The law was passed on a second vote.


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law

Lawor the lawis all the professionswhich deal with advising people about thelaw, representing people in court, or

giving decisions and punishments

A career in law is becoming increasinglyattractive to young people.


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law

Law is the study of systems of law andhow laws work.

He came to Oxford and studied law.


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law

The laws of an organisation or activity areits rules, which are used to organize andcontrol it.

...the laws of the Church of England...


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law

A lawis a rule or set of rules for goodbehaviour which is considered right andimportant by the majority of people for

moral, religious, or emotional reasons

...inflexible moral laws...


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law

A lawis a natural process in which aparticular event or thing always leads to aparticular result

The laws of nature are absolute.


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law

A lawis a scientific rule that someone hasinvented to explain a particular naturalprocess

...the law of gravity...


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Law (Blacks Law Dictionary)

1. The regime that orders human activitiesand relations through systematicapplication of the force of politically

organized society, or through socialpressure, backed by force, in such asociety; the legal system

Respect and obey the law


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law

2. The aggregate of legislation, judicialprecedents, and accepted legal principles;the body of authoritative grounds of

judicial and administrative action; esp.,the body of rules, standards, andprinciples that the courts of a particular

jurisdiction apply in deciding controversies

brought before them The law of the land


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law

3. The set of rules or principles dealingwith a specific area of a legal system

Copyright law


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law

4. The judicial and administrative process;legal action and proceedings

When settlement negotiations failed, theysubmitted their dispute to the law


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law

5. A statute

Congress passed a law


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law

6. COMMON LAW

Law but not equity


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law

7. The legal profession

She spent her entire career in law


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Definitions of the law

The most common definition of the law inEnglish legal textbooks: (1) rules ofconduct (2) imposed by a state upon its

members and (3) enforced by the courts.


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Definition

Anthropologists: a norm is a law if itsneglect or infraction is regularly met, inthreat or in fact, by the application of

physical force by an individual or grouppossessing the socially recognizedprivilege of so acting


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Purpose of law

to regulate human behaviour andestablish social order


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Types of law

Law

- national (municipal)

- international


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National law

Public (involves the State or government)

Private (disputes between privateindividuals or businesses)


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Public law

Constitutional law

Administrative law

Criminal law


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Constitutional law

Set of laws relating to government and itsfunction under which a country is ruled


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Administrative law

Controls how Ministers of State or otherpublic bodies such as local councils shouldoperate

Judicial reviewreview by a higher courtof the actions of a lower court or of anadministrative body (nadzor nadzakonitou; sudska kontrola; sudskinadzor; postupak protiv javnih tijela islubenika


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Criminal law

Law relating to acts comitted against thelaw of the land which are punishable bythe state


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Private law

Also: civil law

Contract, tort, family law, law ofsuccession, company law, employmentlaw


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Law and religion

History: law closely linked to religion

Today: law should not be used to supportreligious order

Law should protect the ability of those ofdifferent religious beliefs to hold andpractise their religion (European

Convention of Human Rights, Article 9)


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Law and justice

Justicethe ultimate goal towards whichthe law should strive

What is justice?


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Law and justice

An impartial, independent judicial system

A competent and independent legalprofession

Procedural justice: access to legal advice,assistance and representation; theguarantee of a fair trial


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Revill v Newbury (1996)

Mark Revill, aged 21, with another manattempted to break into a shed belongingto William Newbury. They had already that

night stolen cars and caused criminaldamage elsewhere


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Mr Newbury, aged 76, was sleeping in theshed to protect his property after earlierthefts; he had a shotgun and ammunition

When he was awakened by the noise ofthe two men trying to break in, he loadedthe shotgun and fired. The shot hit Mr

Revill on the right upper arm and chest


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Criminal proceedings: Mr. Revill wasprosecuted for various criminal offenceshe had committed, pleaded guilty and was

sentenced

Mr Newbury was prosecuted for woundingMr Revill; found not guilty by the jury


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Civil proceedings. Mr Revill brought a civilcase against Mr Newbury claimingdamages for the injuries he had suffered

The judge awarded Mr Revill damages of 12,100 but reduced the amount to4,033 because the judge held that Mr

Revill was two-thirds to blame for whathad happened


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Mr Newbury appealed against this orderbut the Court of Appeal dismissed hisappeal saying that his conduct was clearly

dangerous and bordered on the reckless


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Violence may be returned with necessaryviolence but the force used must notexceed the limits of what is reasonable in

the circumstances


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Questions

Should a criminal be able to use the legalrules to claim compensation for injuriescaused by another person?

Is it justice to award damages to someonewho was injured while carrying outcriminal activities?


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Questions

Bearing in mind that Mr Newbery had firedwithout warning, was the decision that heshould pay a reduced amount of damages

a just one?


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Questions

Mr Newbery was found not guilty of acriminal charge of wounding Mr Revill.Was this a just decision?


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Introduction to law: basic terms

The following terms introduce you to thelaw and basic legal terminology:

Authority, court, govern, judge, lawenforcement agency, lawyers, legal action,legal system, legislation, rule, the

judiciary, tribunal

Below are definitions. Find the definitionfor each term.


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A th it t j d l f t


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Authority, court, govern, judge, law enforcement agency,

lawyers, legal action, legal system, legislation, rule, the

judiciary, tribunal

9. The body or system of rules recognizedby a community that are enforceable byestablished process _______

10. the control resulting from following acommunitys system of rules_______

11. members of the legal profession_____

12. to rule a society and control thebehaviour of its members


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Introduction to law: basic concepts

Complete the following text about basiclegal concepts using the following wordsand phrases. Use each term once:

authority, court, govern, judges, lawenforcement agency, lawyers, legal action,legal systems, legislation, rule, the

judiciary, tribunal

th it t j d l f t


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authority, court, govern, judges, law enforcement agency,

lawyers, legal action, legal systems, legislation, rule, the

judiciary, tribunal

Why do we have laws andlegalsystems? At one level, laws can be seenas a type of _____which is meant to ____

behaviour between people. We can findthese rules in nearly all socialorganizations, such as families and sports

clubs.

th it t j d l f t


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authority, court, govern, judges, law enforcement agency,

lawyers, legal action, legal systems, legislation, rule, the

judiciary, tribunal

Law, the body of official rules andregulations, generally found inconstitutions and____, is used to govern a

society and to control the behaviour of itsmembers. In modern societies, a bodywith ____, such as a ____ or the

legislature, makes the law; and a ____,such as the police, makes sure it isobserved.


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Th bj t tt f th l l


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The subject matter of the legal

system

Lawyers often dividethe law into criminaland civil. Classify the

following terms intothe appropriatecolumn. Two termscan appear in both

columns:

Criminal Civil


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Classify the following:

Compensation, contract, crime, damages,family law, intellectual property, plaintiff,police, private individual, prosecution, the

accused, the defendant, theft, to bring acase, to bring an action, to fine, to chargesomeone with something


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Legal terms: general

Adjudication: the act of giving ajudgement or of deciding a legal problem

Sudska odluka, donoenje odluke, sudskipostupak

adjudicate


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Legal terms

Appeal: the act of asking a higher court tochange a decision of a lower court

alba Submit/bring an appeal

Uloiti albu

Dismiss an appeal Odbaciti albu


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Court: a body established by law for theadministration of justice by judges

Tribunal: a specialist court outside the

judicial system which examines specialproblems and makes judgements

Lawyer: a wide term which refers to allprofessionals working in the legalprofession; it does not refer to a specific

job


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Jurist: a person who has specialised in thestudy and practice of law

Pravni strunjak Enforce: to make sure something is done

or is obeyed

Provoditi (odredbe, zakone), primijeniti

Avenge: If you avenge a wrong or harmfulact, you punish the person who isresponsible


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Neglect: failure to do a duty; a lack ofcare towards someone or something

Nebriga, nemar, zanemarivanje

Infraction: breach, violation, infringement

Krenje, povreda

Coercion: the use of force to makesomeone to do some act

Prisila, prinuda


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Legal terms: criminal law

Criminal charge: an official statement in a courtaccusing someone of having committed a crime

Optunica

To answer charges: to plead guilty or not guilty To withdraw/drop charges

Odbaciti optube

To charge someone witha crime optuiti


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Legal terms: criminal law

Prosecute

Podignuti optunicu Plead

Izjasniti se o krivnji

Sentence

(osuujua) presuda, kazna To pass sentence on someone: to give a

convicted person the official legal punishment


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Legal terms: civil law

Dispute: disagreement between parties Spor, parnica

Civil proceedings

Parnini postupak Plaintiff (claimant)

Tuitelj u graanskom postupku; podnositeljtube, oteenik

Bring an action Pokrenuti postupak


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Legal terms: civil law

Claim

Tubeni zahtjev u graanskom pravu Damages

Novana naknada, (novana) odteta Claim damages

Traiti odtetuAward damages

Dosuditi odtetu


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Translate:

What exactly do we mean by the law?Law is a common word, so common thatmost people never stop to consider what it

means. Even jurists and social scientistsfind it hard to define the term law.


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Questions for discussion

Is it necessary for a society to reach aparticular level of development before lawcan play a useful role?

What are the consequences for a countryor society of not accepting the importanceof the rule of law?

Can law protect the economically weak?


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Questions for discussion

What should be the relationship betweenlaw and morality? When should things wedisapprove of be made unlawful?

How successful is law in shaping humanbehaviour?


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Thank you for your attention!

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What is Meant by Law13