Substantive and Procedural Law Criminal and Civil Procedure

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Presentation transcript:

Substantive and Procedural Law Criminal and Civil Procedure Tomáš Vojtíšek, 25. 10. 2010

SUBSTANTIVE LAW The part of law which creates, defines, and regulates rights and duties of parties e.g. contract law, criminal law, tort law, …

PROCEDURAL LAW That which prescribes the method of enforcing rights rights or obtaining redress for their invasion, machinery for carrying on procedural aspects of civil or criminal action e.g. Rules of Civil, Criminal, and Appellate procedure

SUBSTANTIVE LAW X PROCEDURAL LAW WHAT? SUBSTANTIVE LAW X PROCEDURAL LAW HOW?

CRIMINAL PROCEDURE (UK) Magistrates´court (Crown Court) Prosecutor prosecutes Defenendant …beyond all reasonable doubt… GUILTY  CONVICTION  PUNISHMENT NOT GUILTY  ACQUITTAL

CIVIL PROCEDURE (UK) County court (High Court) Plaintiff Petitioner Defenendant Respondent sues = žaluje …on the balance of probabilities… ORDER awarding damages to act refrain from acting

CITATION – Criminal case Reg. v. Whomever [… v:i …] Rex v. Whomever R. v. Whomever Whomever (textbooks on criminal law) in court: „The King or The Queen against Whomever“

CITATION – Civil case Rylands v. Fletcher [… „and“ …] Whomever v. The Queen „Lawyers write one thing and say another“

Thanks for your attention! Chromá M.: New Introduction to Legal English, 2009