3 Division of Law 1

I. Division of Law private law X public law relationship between individuals X relationship between an individual and the state

civil law X criminal law seeking compensation X imposing punishment

substantive law X procedural law defining rights and duties of parties X laying down the rules for their enforcement

Division of law private lawpublic law law of trusts law of torts land law family law law of probate law of contracts constitutional law international law criminal law

Definitions law of contracts: the branch of law governing the creation, variation, enforcement, and annulment of legally binding agreements between persons law of torts: the body of law concerned with compensation the victims of civil wrongs independent of contract

family law: the body of law relating to marriage, separation, divorce and the custody of children law of probate: the area of law dealing with arrangements relating to the validity of will and the administration of estates after the owner's death

administrative law: the body of law that governs the activities of administrative agencies of government land law: the area of law which deals with rights and interests related to owning and using immovable assets

law of trusts: the area of law dealing with arrangements whereby property is held by one party for the benefit of another criminal law: the part of law which deals with illegal conduct prohibited and punished by the government because it threatens and harms public safety

Formal definitions Term to be definedVerb (to be, to mean, to be defined as, …) Class of concepts Special features Substantive lawcan be defined as the set of rules which creates, defines and regulates rights and duties of parties, such as crimes and punishments in criminal law. Common lawcould be understood as a system of law based on custom which is administered and developed by the courts in judicial decisions.

constitutional law could be defined as the body of law which defines the relationship of different entities within a state procedural law can be defined as the legal rules governing the practice and procedure of the courts when conducting lawsuits

criminal procedurecivil procedure parties the wrong is called aim standard of proof defendant is (found) possible outcomes examples of wrongs citation of cases useful verbs prosecutor X defendant (state X individual) claimant/plaintiff X defendant (individuals or organisations) a crime, an offencea tort, a civil wrong to bring justice to the victim to punish to compensate people for monetary losses or settle disputes beyond reasonable doubt on the balance of probabilities found guilty of (a crime) found not guilty of … found liable for (negligence), found not liable for … 1) conviction: e.g. imprisonment 2) acquittal compensation/remedy e.g. damages, specific performance, injunction murder, theft, armed robbery, arson negligence, tort breach of contract R v. Novak (UK) The people v. Novak (USA) Svoboda v. Novak to investigate, to charge with (an offence/a crime), to try (a criminal case), to convict somebody of (a crime), to punish, to acquit, to sentence, to imprison to sue, to take a legal action, to try (a civil case) to award (damages), to resolve a dispute

Criminal and civil procedure (i) They were compensated … (ii) The defendant was convicted … (iii) He was charged … (iv) The defendant is innocent… (v) Her injury was caused … (vi) The claimant was awarded. … (vii) Torts are distiquished … (viii) The prosecutor must prove the case... (a) … damages. (b) … beyond reasonable doubt. (c) … from crimes. (d) … for a loss. (e) … until proven guilty. (f) … of the robbery. (g) … with the murder. (h) … by negligence.

Criminal and civil procedure (i) They were compensated …(d) (ii) The defendant was convicted … (f) (iii) He was charged …(g) (iv) The defendant is innocent …(e) (v) Her injury was caused …(h) (vi) The claimant was awarded … (a) (vii) Torts are distinguished … (c) (viii) The prosecutor must prove the case..(b) … for a loss. … of the robbery. … with the murder. … until proven guilty. … by negligence. … damages. … from crimes. … beyond reasonable doubt.

Criminal and civil procedure Exercise 2.3 verbnoun to compensate to acquit to sue to prove to try (a case) to presume to lose to prosecute to breach/break compensation acquittal law-suit proof trial presumption loss prosecution breach

Criminal and civil procedure a) The _____________of innocence means that the defendant doesn’t have to prove they are innocent. b) To win a _____________ the claimant must prove the legal liability of the defendant. c) U.S. federal courts __________ cases involving federal laws. d) When one party ________________ the contract, the other party can sue for damages. presumption lawsuit/trial try breaches/breaks