Legal English and the Common Law Corso di inglese giuridico (M-Z) Prof.ssa C. M. Cascione Università degli Studi di Bari ‘Aldo Moro’ Lezione n. 1

Meanings of ‘Law’ 1.LEGGE (gen.) To break the law = infrangere la legge To keep the law = osservare la legge 2.LEGGE (tec.) To pass a law = approvare una legge To repeal a law = abrogare una legge 3. GIURISPRUDENZA (law as a branch of knowledge) To study law = studiare giurisprudenza

4.DIRITTO (body of laws relating to a subject) Criminal law = diritto penale Public law= diritto pubblico 5. GIUSTIZIA The fugitive avoided the law= il fuggitivo è sfuggito alla giustizia 6. PROFESSIONE LEGALE, AVVOCATURA To practise law = esercitare la professione legale 7.AZIONE LEGALE I will go to law = procedere per vie legali Meanings of ‘Law’

8.PRINCIPIO The law of gravity= il principio di gravità 9. REGOLA The rules of grammar = le regole grammaticali 10. ORDINE (Fig.) His word is law = la sua parola è legge Meanings of ‘Law’

Law = rule of human conduct, imposed upon and enforced among the members of a given State  Law is a body of rules  Law is for the guidance of human conduct  Law is imposed  Law is enforceable  Law is applied within a State

Classifications of Law  Public law v. Private law  Criminal law v. Private law  Substantive law v. Procedural law  Municipal law v. International law  Civil law v. Common law

Public law v. Private law  Public Law  Public Law that part of the law which governs the relationships between the individuals and the State  Private Law  Private Law that part of the law which governs the relationships among individuals regulating rights and duties among each others

Public Law Public Law that part of the law which governs the relationships between the individuals and the State  Constitutional Law (body of rules which regulate the structure of the principal organs of the State and determine their principal functions)  Administrative Law (body of legal principles which concern the rights and duties arising from the impact of the individuals of the actual functioning of the executive instruments of government)  Criminal Law (part of the law which characterize certain kinds of wrongdoing as offences against the State)

Private Law Private Law that part of the law which governs the relationships among individuals regulating rights and duties among each others  Law of contract  Law of tort  Law of property  Law of succession  Family law

Criminal Law v. Private Law Main difference:  Private law: the main action is begun by private citizens to establish rights towards another citizen or group of citizens  Criminal law: the main action is enforced in behalf or in the name of the State

Substantive Law v. Procedural Law  Substantive law: the body of the rules of law in the above branches  Procedural law: the body of the rules governing the manner in which a right is enforced under private law or a crime prosecuted under criminal law

Municipal law v. International law  Municipal law: the law operating within a State  International law: the law which governs the relations of the State inter se (public international law)

Civil Law v. Common Law Common lawCivil law Emerged in EnglandEmerged in continental Europe Was applied in english colonies Was applied in european colonies Is uncodifiedIs codified Judicial decisions are sources of law Judicial decisions are not sources of law