1. WHAT IS MEANT BY LAW?
Unit 1

2. 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

3. What is law? ‘Law, says the judge as he looks down his nose,
Speaking clearly and most severely
Law is as I’ve 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)

4. The Law (Collins Cobuild English Dictionary)
1. a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. You can also use the law to refer to the people who work in this system. They are seeking permission to begin criminal proceedings against him for breaking the law on financing political parties...

5. law
2. Law is used to refer to a particular branch of the law, such as criminal law or company law. Under international law, diplomats living in foreign countries are exempt from criminal prosecution...

6. law
3. A law is one of the rules in a system of law which deals with a particular type of agreement, relationship, or crime
The law was passed on a second vote.

7. law
Law or the law is all the professions which deal with advising people about the law, representing people in court, or giving decisions and punishments
A career in law is becoming increasingly attractive to young people.

8. law Law is the study of systems of law and how laws work.
He came to Oxford and studied law.

9. law
The laws of an organisation or activity are its rules, which are used to organize and control it.
...the laws of the Church of England...

10. law
A law is a rule or set of rules for good behaviour which is considered right and important by the majority of people for moral, religious, or emotional reasons
...inflexible moral laws...

11. law
A law is a natural process in which a particular event or thing always leads to a particular result
The laws of nature are absolute.

12. law
A law is a scientific rule that someone has invented to explain a particular natural process
...the law of gravity...

13. Law (Black’s Law Dictionary)
1. The regime that orders human activities and relations through systematic application of the force of politically organized society, or through social pressure, backed by force, in such a society; the legal system
Respect and obey the law

14. law
2. The aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative grounds of judicial and administrative action; esp., the body of rules, standards, and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them
The law of the land

15. law
3. The set of rules or principles dealing with a specific area of a legal system
Copyright law

16. law
4. The judicial and administrative process; legal action and proceedings
When settlement negotiations failed, they submitted their dispute to the law

17. law
5. A statute
Congress passed a law

18. law
6. COMMON LAW
Law but not equity

19. law
7. The legal profession
She spent her entire career in law

20. Law
zakon
pravo
propis
pravilo
pravna znanost
pravna profesija

21. Definitions of the law
The most common definition of the law in English legal textbooks: “(1) rules of conduct (2) imposed by a state upon its members and (3) enforced by the courts.”

22. Definition
Anthropologists: a norm is a law “if its neglect or infraction is regularly met, in threat or in fact, by the application of physical force by an individual or group possessing the socially recognized privilege of so acting”

23. Definition
A rule is a law if “it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation, will be applied by a staff of people holding themselves specially ready for that purpose” (Max Weber)

24. Purpose of law
“to regulate human behaviour and establish social order…”

25. Types of law
Law
- national (municipal)
- international

26. National law Public (involves the State or government)
Private (disputes between private individuals or businesses)

27. Public law
Constitutional law
Administrative law
Criminal law

28. Constitutional law
Set of laws relating to government and its function under which a country is ruled

29. Administrative law
Controls how Ministers of State or other public bodies such as local councils should operate
Judicial review – review by a higher court of the actions of a lower court or of an administrative body (nadzor nad zakonitošću; sudska kontrola; sudski nadzor; postupak protiv javnih tijela i službenika

30. Criminal law
Law relating to acts comitted against the law of the land which are punishable by the state

31. Private law Also: civil law
Contract, tort, family law, law of succession, company law, employment law

32. Law and morality Concepts of morality differ from culture to culture
Morality – often based on religious ideas
Law reflects moral values of a community, but it is not the same as the common religious moral code (abortion? euthanasia? same sex marriage?)

33. Differences between law and morality
Morality cannot be deliberately changed; law - altered by legislation
Morality: no official sanction; individual’s sense of shame or guilt; law makes certain behaviour obligatory with legal sanctions to enforce it
Breaches of morality – not subject to formal adjudication; breaches of law -ruled on by a formal legal system

34. Law and religion History: law closely linked to religion
Today: law should not be used to support religious order
Law should protect the ability of those of different religious beliefs to hold and practise their religion (European Convention of Human Rights, Article 9)

35. Law and justice
Justice – the ultimate goal towards which the law should strive
What is justice?

36. Law and justice An impartial, independent judicial system
A competent and independent legal profession
Procedural justice: access to legal advice, assistance and representation; the guarantee of a fair trial

37. Revill v Newbury (1996)
Mark Revill, aged 21, with another man attempted to break into a shed belonging to William Newbury. They had already that night stolen cars and caused criminal damage elsewhere

38. Revill v Newbury (1996)
Mr Newbury, aged 76, was sleeping in the shed to protect his property after earlier thefts; he had a shotgun and ammunition
When he was awakened by the noise of the two men trying to break in, he loaded the shotgun and fired. The shot hit Mr Revill on the right upper arm and chest

39. Revill v Newbury (1996)
Criminal proceedings: Mr. Revill was prosecuted for various criminal offences he had committed, pleaded guilty and was sentenced
Mr Newbury was prosecuted for wounding Mr Revill; found not guilty by the jury

40. Revill v Newbury (1996)
Civil proceedings. Mr Revill brought a civil case against Mr Newbury claiming damages for the injuries he had suffered
The judge awarded Mr Revill damages of £ 12,100 but reduced the amount to £4,033 because the judge held that Mr Revill was two-thirds to blame for what had happened

41. Revill v Newbury (1996)
Mr Newbury appealed against this order but the Court of Appeal dismissed his appeal saying that his conduct was ‘clearly dangerous and bordered on the reckless’

42. Revill v Newbury (1996)
‘Violence may be returned with necessary violence but the force used must not exceed the limits of what is reasonable in the circumstances’

43. Questions
Should a criminal be able to use the legal rules to claim compensation for injuries caused by another person?
Is it justice to award damages to someone who was injured while carrying out criminal activities?

44. Questions
Bearing in mind that Mr Newbery had fired without warning, was the decision that he should pay a reduced amount of damages a just one?

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

46. Introduction to law: basic terms
The following terms introduce you to the law and basic legal terminology:
Authority, court, govern, judge, law enforcement agency, lawyers, legal action, legal system, legislation, rule, the judiciary, tribunal
Below are definitions. Find the definition for each term.

47. 1. A body that is appointed to make a judgement or enquiry_________
Authority, court, govern, judge, law enforcement agency, lawyers, legal action, legal system, legislation, rule, the judiciary, tribunal
1. A body that is appointed to make a judgement or enquiry_________
2. a country’s body of judges________
3. an act or acts passed by a law-making body_______
4. behaviour recognized by a community as binding or enforceable by authority_____

48. 5. legal proceedings_______
Authority, court, govern, judge, law enforcement agency, lawyers, legal action, legal system, legislation, rule, the judiciary, tribunal
5. legal proceedings_______
6. an official body that has authority to try criminals, resolve disputes, or make other legal decisions_______
7. an organization responsible for enforcing the law, especially the police_____
8. a senior official in a court of law______

49. 11. members of the legal profession_____
Authority, court, govern, judge, law enforcement agency, lawyers, legal action, legal system, legislation, rule, the judiciary, tribunal
9. The body or system of rules recognized by a community that are enforceable by established process _______
10. the control resulting from following a community’s system of rules_______
11. members of the legal profession_____
12. to rule a society and control the behaviour of its members

50. Introduction to law: basic concepts
Complete the following text about basic legal concepts using the following words and phrases. Use each term once: authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, legislation, rule, the judiciary, tribunal

51. authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, legislation, rule, the judiciary, tribunal
Why do we have laws and legal systems? At one level, laws can be seen as a type of _____which is meant to ____ behaviour between people. We can find these rules in nearly all social organizations, such as families and sports clubs.

52. authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, legislation, rule, the judiciary, tribunal
Law, the body of official rules and regulations, generally found in constitutions and____, is used to govern a society and to control the behaviour of its members. In modern societies, a body with ____, such as a ____ or the legislature, makes the law; and a ____, such as the police, makes sure it is observed.

53. authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, legislation, rule, the judiciary, tribunal
In addition to enforcement, a body of expert____ is needed to apply the law. This is the role of ____, the body of _____ in a particular country. Of course, legal systems vary between countries, as well as the basis for bringing a case before a court or ____. One thing, however, seems to be true all over the world – starting a ____is both expensive and time-consuming.

54. The subject matter of the legal system
Lawyers often divide the law into criminal and civil. Classify the following terms into the appropriate column. Two terms can appear in both columns:
Criminal
Civil

55. Classify the following:
Compensation, contract, crime, damages, family law, intellectual property, plaintiff, police, private individual, prosecution, the accused, the defendant, theft, to bring a case, to bring an action, to fine, to charge someone with something

56. Legal terms: general
Adjudication: the act of giving a judgement or of deciding a legal problem
Sudska odluka, donošenje odluke, sudski postupak
adjudicate

57. Legal terms
Appeal: the act of asking a higher court to change a decision of a lower court
Žalba
Submit/bring an appeal
Uložiti žalbu
Dismiss an appeal
Odbaciti žalbu

58. Legal terms: general
Court: a body established by law for the administration of justice by judges
Tribunal: a specialist court outside the judicial system which examines special problems and makes judgements
Lawyer: a wide term which refers to all professionals working in the legal profession; it does not refer to a specific job

59. Legal terms: general
Jurist: a person who has specialised in the study and practice of law
Pravni stručnjak
Enforce: to make sure something is done or is obeyed
Provoditi (odredbe, zakone), primijeniti
Avenge: If you avenge a wrong or harmful act, you punish the person who is responsible

60. Legal terms: general
Neglect: failure to do a duty; a lack of care towards someone or something
Nebriga, nemar, zanemarivanje
Infraction: breach, violation, infringement
Kršenje, povreda
Coercion: the use of force to make someone to do some act
Prisila, prinuda

61. Legal terms: criminal law
Criminal proceeding
Kazneni postupak
Criminal offence
Kazneno djelo

62. Legal terms: criminal law
Criminal charge: an official statement in a court accusing someone of having committed a crime
Optužnica
To answer charges: to plead guilty or not guilty
To withdraw/drop charges
Odbaciti optužbe
To charge someone with a crime
optužiti

63. Legal terms: criminal law
Prosecute
Podignuti optužnicu
Plead
Izjasniti se o krivnji
Sentence
(osuđujuća) presuda, kazna
To pass sentence on someone: to give a convicted person the official legal punishment

64. Legal terms: civil law Dispute: disagreement between parties
Spor, parnica
Civil proceedings
Parnični postupak
Plaintiff (claimant)
Tužitelj u građanskom postupku; podnositelj tužbe, oštećenik
Bring an action
Pokrenuti postupak

65. Legal terms: civil law Claim Tužbeni zahtjev u građanskom pravu
Damages
Novčana naknada, (novčana) odšteta
Claim damages
Tražiti odštetu
Award damages
Dosuditi odštetu

66. Translate:
What exactly do we mean by “the law”? Law is a common word, so common that most people never stop to consider what it means. Even jurists and social scientists find it hard to define the term law.

67. Questions for discussion
Is it necessary for a society to reach a particular level of development before law can play a useful role?
What are the consequences for a country or society of not accepting the importance of the rule of law?
Can law protect the economically weak?

68. Questions for discussion
What should be the relationship between law and morality? When should things we disapprove of be made unlawful?
How successful is law in shaping human behaviour?

69. Thank you for your attention!