Đang tải... (xem toàn văn)
Law is a body of rules for guidance of human conduct to maintain order and protect harm to persons and property. If there is no legal system, it is likely to result in confusion or disorder. Public law governs relations between an individual citizen and the state covering: Criminal law and constitutional law.
Lecture INTRODUCTION TO LAW CRIMINAL AND CIVIL LAW Criminal law Public and private law CRIMINAL AND CIVIL LAW ROLE OF LAW Law is a body of rules for guidance of human conduct to maintain order and protect harm to persons and property If there is no legal system, it is likely to result in confusion or disorder PUBLIC AND PRIVATE LAW (Public Law) PUBLIC LAW governs relations between an individual citizen and the state state Covers: (a) (b) Criminal Law Constitutional law CIVIL AND CRIMINAL LAW (Civil Law) Is the law governing relations between citizens themselves CIVIL AND CRIMINAL LAW (Criminal Law…cont’d) In criminal trial, the burden of proof (the party who bears the proof) is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her It must proved its case to be beyond reasonable doubt PUBLIC AND PRIVATE LAW (Private Law) Covers: (a) (b) (c) (d) Law if contract, contract, which will be covered later Law of tort, tort, which is the law covering legal duty of people towards each other, such as the law of negligence Law of trust, trust, dealing with the disposal of a person’s property according to their wishes Family law, law, concerned with issues such as divorce, custody of children and wards of courts CIVIL AND CRIMINAL LAW (Criminal Law) CRIMINAL, or sometimes also known as CRIMINAL, PENAL LAW involves prosecution by the government of a person for a crime,, which is prohibited by the crime law The community suffers as a result of the law broken Persons guilty of crimes are punished by fines or imprisonment ACTIVITY While driving, Martin exceeded the speed limit and crashed into the wall of Andrew’s house, causing damage worth $5 $5,000 000 What legal actions, either criminal or civil, civil, may arise as a result of his actions? RESOLUTION OF DISPUTES Disputes may be resolved by: (1) Courts (2) Tribunals (3) Arbitration 10 THE COURTS SYSTEM Refer to course book, page to see diagram 11 THE COUNTY COURT Read course book, page to on the followings: (1) (2) (3) (4) (5) Jurisdiction Small claims procedure Appeals Staffing The Woolf reforms 12 THE HIGH COURT The High Court is organized into three divisions (1) Queen’s Bench (2) Chancery Division (3) Family Division 13 CRIMINAL STRUCTURE Refer to course book, page 11 to see diagram 14 CRIMINAL STRUCTURE (CONT’D…) MAGISTRATES’ COURTS Read course book, page 11 to 12 on the followings: (1) (2) (3) (4) Criminal jurisdiction Civil jurisdiction Appeals Staffing 15 CRIMINAL STRUCTURE (CONT’D…) THE CROWN COURT Read course book, page 13 on the followings: (1) (2) (3) (4) Criminal jurisdiction Civil jurisdiction Appeals Staffing 16 CRIMINAL STRUCTURE (CONT’D…) THE COURT OF APPEAL Read course book, page 13 to 14 on the followings: (1) (2) (3) (4) Civil Division Criminal Division Appeals Staffing 17 CRIMINAL STRUCTURE (CONT’D…) THE HOUSE OF LORDS Read course book, page 14 on two separate roles (1) (2) Legislative role Judicial role 18 CRIMINAL STRUCTURE (CONT’D…) THE EUROPEAN COURTS Read course book, page 14 on the followings: (1) (2) European Court of Human Rights European Court of Justice 19 OTHER MEANS OF RESOLVING DISPUTES Arbitration Other means of resolving disputes Tribunals 20 ...CRIMINAL AND CIVIL LAW Criminal law Public and private law CRIMINAL AND CIVIL LAW ROLE OF LAW Law is a body of rules for guidance of human conduct to maintain order and protect harm to persons and... its case to be beyond reasonable doubt PUBLIC AND PRIVATE LAW (Private Law) Covers: (a) (b) (c) (d) Law if contract, contract, which will be covered later Law of tort, tort, which is the law covering... resolved by: (1) Courts (2) Tribunals (3) Arbitration 10 THE COURTS SYSTEM Refer to course book, page to see diagram 11 THE COUNTY COURT Read course book, page to on the followings: (1) (2) (3)