2 Public and private lawPublic law - is the area of law governing the relationship between individuals (citizens, companies) and the state – constitutional, administrative, criminal, financial lawPrivate law - is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government – civil, commercial, family, labor law
3 Substantive and procedural law Substantive law - is the area of law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state.Procedural law - comprises the rule by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process to all cases that come before a court.
4 International and domestic law Public international law - governs the relationship between states and international organizationsPrivate international law or conflict of laws - concerns the questions of which jurisdiction should be permitted to hear a legal dispute between private parties, and which jurisdiction's law should be appliedDomestic law - internal law of a sovereign state - not only law at the national level, but law at the provincial, territorial, regional or local levels
5 Sources of lawMaterial sources – social events, historical events, economic eventsFormal sources – normative acts, normative agreements, precedents, customs, legal scienceWritten and unwritten sources
6 Normative acts (legal enactments) They are created by competent authorities of the stateThey represent general rules for the particular branch of lawThey are applied by courts and administrative authorities – individual decisions
7 Competent authorities in Czech republic ParliamentGovernmentMinistries (departments)Czech central bankAuthorities of territorial self-governing units (municipalities and regions)Constitutional court
8 Primary normative acts Constitutional laws (acts of parliament)(Ordinary) laws (acts of parliament)CodesLegislative measures of Senate (Chamber of Deputies is dissolved)Decisions of Constitutional Court (the nullification of laws or their individual provisions if they are in contradiction with a constitutional law)
9 Secondary normative acts Governmental decrees (for the execution of a law and within its limits)Regulations of ministries (on the basis and within the limits of law, if authorized so by law)Decrees and regulations of municipalities and regions
10 Normative agreements I. Art. 10: „Promulgated international agreements, the ratification of which has been approved by the Parliament and which are binding on the Czech Republic, shall constitute a part of the legal order; should an international agreement make provision contrary to a law, the international agreement shall be applied.“Treaties must be self-executing – they provide adequate rules by which given rights may be enjoyed or imposed duties may be enforced.
11 Normative agreements II. Collective agreement - agreement between an employer and employees' representatives (labor unions) covering terms and conditions of employmentAdministrative agreement - agreement between administrative authorities covering specific questions
12 Precedent I.It is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or factsPrecedent that must be applied or followed is known as binding precedentPrecedent that is not mandatory but which is useful or relevant is known as persuasive precedentRatio decidendi is the point in a case which determines the judgment or the principle which the case establishesObiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision
13 Precedent II.In Czech legal system it is officially not a source of lawDecision of a higher court is binding only in individual caseLeading decisions of Supreme (Supreme administrative, Constitutional) court should be followed by lower courts generally
14 Customary lawCustom can be described as the established patterns of behavior that can be objectively verified within a particular social settingCustomary law exists where:a certain legal practice is observedthe relevant actors consider it to be lawcustomary rule is enforcedThe oldest source of law
15 Legal science (literature) Today it is not a source of lawIn ancient Rome and medieval England works of the most respected lawyers were considered bindingIn Czech legal system it can influence the decision of judges