Introduction to Law

1. Introduction to Law Introduction to Law – Chapter1 (Categories and Sources of Law)

2. Learning Objectives • This chapter provides an overview of some of the concepts and principles which form the background to the topics covered in the rest of the book.

3. Learning Objectives When you have studied this chapter you should be able to: • Appreciate the distinguishing features of a legal rule • Explain the characteristics of the law • State its purposes • Distinguish between civil and criminal law.

4. Learning Objectives What is Law? • Categories of Law • Sources of Law • Brief Comparison of England and Bosnia

5. Job Opportunities • There is a strong demand for economists/business students,particularly those who combine technical skills with good communication skills and team-work ability.

6. Job Opportunities • Administrative services managers plan, coordinate, and direct a broad range of services that allow organizations to operate efficiently • Financial managers oversee the preparation of financial reports, direct investment activities, and implement cash management strategies.

7. Job Opportunities • Advertising, marketing, promotions, public relations, and sales managers coordinate their companies' market research, marketing strategy, sales, advertising, promotion, pricing, product development, and public relations activities. • Financial analysts provide guidance to businesses and individuals making investment decisions.

8. Job Opportunities • Purchasing managers, buyers, and purchasing agents buy a vast array of farm products, durable and nondurable goods, and services for companies and institutions • Accountants and auditors help to ensure that firms are run efficiently, public records kept accurately, and taxes paid properly and on time.

9. Why do we need law? • to provide a governmental structure and legislative procedures: constitutional law • to provide public services and to raise taxes to pay for them: administrative and revenue law; • to regulate and promote the economy: administrative, civil and criminal law are all involved

10. Why do we need law? • to promote public order and preserve national security: criminal law • to give individual members personal rights and duties in relation to others and to enable personal enforcement of these rights: the civil law • to give legal validity to approved relationships and transactions between members of the society

11. The purpose & function of law? • To enforce morality • Maintains social control • Protects public order • To resolve disputes • Protects certainty of systems • Brings out justice in society • To protect citizens´ from the government(e.g. Bill of Rights)

12. The purpose & function of law? (cont.) • To protect minorities from majorities • Setting standards of conduct behavior  • To structure the government(e.g. Constitution) • To resolve disputes peacefully, civilized

13. Law in everyday life Step on a bus!!!The law is there. You have almost certainly entered into a contract to pay the fare to your destination. The bus is involved in an accident. The law is ready to determine who is responsible for the injury you sustained. Your job, your home, your relationships, your very life – and your death, all – and more – are managed, controlled, and directed by the law.

14. Law in everyday life

15. Law in everyday life

16. What is the importance of studying law to a business student? • to make a student aware about law • law is helpful in maintaining business in legal ways • to make us aware of the legal issues involving businesses and how to deal with them • to have secured business: If a business is found not to be in compliance with a law, it could possibly be subject to very heavy fines!

17. What is Law? • Law may be defined as a body of rules, created by the state, binding within its jurisdiction and enforced with the authority of the state through the use of sanctions • A set of rules and procedures usually intended to regulate some aspect of society

18. What is Law? • Law provides rules • It tells us what we can and cannot do • Therefore, it is important for a businessperson to know the rules which apply to them

19. What is Law? (cont.) • Different countries have different forms of law and social order • In this module, we shall be looking at some of the principles of English Law • However, many of these principles can be found in other legal systems • even if the details are different

20. Categories of Law Law is a very large field, and it is common to divide it into categories • common law and civil law • private law and public law • civil law and criminal law

21. Common Law and Civil Law • A legal system is the way the law is structured and operated in a country • England and Bosnia have different legal systems • Common Law and Civil Law are terms used to describe legal systems

22. Common Law • Common Law is used to describe legal systems based on the English legal system • These are usually countries which were once part of the British Empire • eg: America, Australia, New Zealand

23. Civil Law • Civil Law is used to describe legal systems which are based on old Roman Law (from the Roman Empire in what is now Italy) • eg: France, Germany • Bosnia and Herzegovina is usually classified as a civil law system and it is based on Roman Law

24. Common Law v. Civil Law Civil Law • Consists of a legal code of general principles which is the source of law Common Law • Case law and the courts are most important source of law

25. Common Law v. Civil LawBelow: A world map showing countries today that have a civil law system (light blue), countries that have a common law system (green), and countries that have both (orange).

26. Private Law and Public Law • Private Law and Public Law are concerned with relationships

27. Private Law • Private Law deals with the relationships between ordinary people in everyday transactions • That includes you and me, as well as businesses and companies • Private Law includes the law of contract and the law of tort

28. Private Law Individual Individual Law regulates relationship between them Examples Contract and tort issues, employment and company law, land, and equity and trusts matters.

29. Public Law • Public Law deals with the relationships between government organisations and ordinary citizens • also between different government organisations • Public Law includes constitutional law, administrative law, and criminal law

30. Public Law State State Bodies Individual Law regulates relationship between them Examples Human rights matters, immigration and citizenship, criminal law, planning law, licensing law.

31. Classification of Bosnian Law

32. Civil Law and Criminal Law • In this category, “civil law” has a different meaning from the Common Law and Civil Law category

33. Civil Law • In this category, civil law deals with the relationships between individual citizens • Its purpose is to settle arguments between individuals • It helps people to find remedies • it doesn’t really punish people • Civil Law includes all Private Law and some Public Law

34. Criminal Law • Criminal Law deals with rules created by the State which forbid certain behaviour • These are “crimes” • Criminal Law punishes people • it does not provide remedies • Criminal Law is usually what people think of when they think about “The Law” • Criminal Law is part of Public Law

35. Criminal Law v. Civil Law • A very important difference between criminal law and civil law relates to court cases • In a criminal case, the prosecutors (ie the State) must prove their case beyond reasonable doubt • In a civil case, the parties only have to prove their case on the balance of probabilities

36. Sources of Law • European Union • Domestic Legislation • Constitutional Law • Statutory Law • Case Law

37. European Union • The B&H is not a member of the European Union • The EU has the power to create rules and regulations which apply in its member states

38. Domestic Legislation • Domestic legislation is created by Parliament • It only applies to Bosnia and Herzegovina • EU laws apply to all EU members • Domestic legislation is introduced by the government

39. Domestic Legislation (cont.) • We said earlier that the B&H legal system is a civil law system, so legislation is the main source of law in B&H • However, the courts are still important as they help to interpret the legislation

40. Domestic Legislation (cont.) • Each piece of legislation is an Act of Parliament • They are recorded in statute books which anyone can refer to and publish in Official Gazette

41. Case Law • Decisions of the courts can help to develop and explain the law • Although legislation can overrule case law, cases law can help to show the practical effect of legislation

42. Case Law • The facts and decisions in important cases are recorded in books called law reports • Lawyers refer to these when • they advise their clients • they are arguing their client’s case in court

43. Bosnia and Herzegovina • The Bosnian legal system has similar characteristics to a civil law system • This is partly because in Bosnian history written laws and codes were important

44. Bosnia and Herzegovina (cont.) • The Bosnian legal system is distinct from other legal systems, but its structure is similar to civil systems like France and Germany • Bosnian legal experts view legislation as more important than case law • In fact, case law is not considered to be a source of law in Bosnia and Herzegovina

45. Bosnia and Herzegovina (cont.) Sources of law in Bosnia and Herzegovina: • Statutes made by the The Parliamentary Assembly of Bosnia and Herzegovina have the highest authority • constitutional laws, civil codes, and criminal codes • Administrative regulations by the the Council of Ministers of Bosnia and Herzegovina cannot be in conflict with statutes. • Cases are not considered official sources of law, though decisions of the Appeal Courts are used as a guideline by lower courts when the law is unclear.

46. England v Bosnia and Herzegovina B&H • Civil Law System • Sources of Law • Domestic Legislation • Case Law not important. Only used by lower courts when the law is unclear. England • Common Law system • Sources of Law • European Union • Domestic Legislation • Case Law • Case Law important in developing and explaining the law.

47. Summary • Law provides rules which give businesspeople a framework for conduction their business • they know what they can and cannot do • Categories of law • Common Law and Civil Law • refer to legal systems • England has a common law system • Bosnia and Herzegovina has a civil law system

48. Summary (cont.) • Categories of law (cont.) • Private Law and Public Law • private law concerns individuals • public law concerns institutions of state

49. Summary (cont.) • Categories of law (cont.) • Civil Law and Criminal Law • civil law deals with relationships between individuals • criminal law deals with forbidden behaviour • Sources of Bosnian Law • Domestic Legislation

50. Reading • Chapter 1 • Page 3 : paragraph entitled “Getting Started: an introduction to studying law”