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Unit 3

Unit 3. Branches of Law. Possible criteria for division. Division according to the subject matter. PROCEDURAL LAW. SUBSTANTIVE LAW. - Regulation of different areas of human activity.

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Unit 3

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  1. Unit3 BranchesofLaw

  2. Possiblecriteria for division • Divisionaccording to the subjectmatter PROCEDURAL LAW SUBSTANTIVE LAW - Regulation of different areas of human activity - Regulation of the manner / the steps for the application of rights / rules defined by the substantive law

  3. COMPARING CIVIL & CRIMINAL LAW

  4. Readthetextandexplaintthetwobranchesoflaw. • 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. • Source: https://www.britannica.com/topic/procedural-law

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

  6. NATIONAL LAW according to involvedparties PUBLIC LAW PRIVATE LAW • areas of law • in which the state/government • has • a direct interest • areas of law • involving • private persons, • businesses

  7. Readthetext on p. 19 andcompletethe table withtheexamplesof PUBLIC LAW AREAS

  8. Readthetext on p. 20 andcompletethe table withtheexamplesof PRIVATE LAW AREAS

  9. PartTwo – CourseDescriptions 1. Readthecoursedescription, p. 23 andprepareanswers for thegivenquestions. 2. Make notes for thedescriptionof one ofyourcoursesat theFacultyofLawin Zagreb. 3. Do thelanguageexercises, p.24

  10. ExpressionsfromtheUnit 2 – translateintoCroatian • the principal categoriesoflaw... • to set downrules for • to enforcerights • to prosecutecrimes • to find (not) guilty • private / publiclawcomprises... • publiclawconsistsofadministrative & constitutionallaw • divisionsoflaw: internal / international substantive / adjectival civil / criminal (criminaloffence) -

  11. Expressions from the Unit 2 – part II • to punishoffences / thepunishmentofoffences • thebranchoflawconcernedwith... • criminaloffence as a wrongagainstthecommunity • rightsanddutiesofindividualstowards… • to awarddamages • theclaimantsuesthedefendant • to pass a sentence on thedefendant • a fine / a termofimprisonment

  12. Fill in the gaps namingtheappropriatebranchoflaw. • Suchmatters as validityofmarriageofcustodyofthechildren are coveredbythe ___________ __________. • ______________ _________ regulatestheformatiionof a company, rightsanddutiesofshareholders. • ____________ __________ definesthepowersanddutiesexerciesbybodiesofpublicadministration. • Differenttypesofpunishment for forbiddenformsofbehaviour are deltwithin ___________ ____________. 5. Rightofpeoplerelated to theenjoymentoflandandotherproperty are laiddownin ______________ _________. 6. Thelawregulatingtherightsofwriters, musiciansandotherartistsandthedefintionoftheirintelectualcreations is thesubjectmatterofthe _________ _______.

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