Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 Session 3, 29 Oct 2013

1. Revision of the last session 2. Sources and Varieties of English Law 3. Key terms + practice

Separation of Powers – Legal Systems - What is Meant by Law?

1. What do you know about the concept of the separation of powers? 2. Name at least 4 meanings of the word ‘law’ 3. Find synonyms for: ◦ behaviour ◦ lay down ◦ law-making ◦ a written set of rules ◦ be in accordance with (a law)

4. Who does these actions: ◦ enact, enforce, interpret, violate, practise law. 5. Provide Croatian equivalents for the following terms: ◦ impose, neglect, infraction, coercion. 6. What is the principal difference between the common and civil law systems?

Laws are usually enacted by the legislative branch of the government. Once a regulation enters into force, the citizens of that country must conform to it. Any conduct contrary to that regulation is interpreted as an infraction of the regulation and may lead to penalties. These are given by the judiciary or institutions which are responsible for enforcing the regulation.

Zakone obično donosi zakonodavna vlast. Kada neki propis stupi na snagu, gra đ ani te zemlje moraju ga se pridržavati. Bilo kakvo ponašanje suprotno tome propisu smatra se kršenjem istog i može biti kažnjeno. Kazne odre đ uje sudstvo ili institucije odgovorne za provo đ enje tog propisa.

Unit 2

PRINCIPAL DIVISIONS: international law – national law (also: supranational law - EU) public law – private law

PUBLIC LAW – area of law in which the state has a direct interest PRIVATE LAW – area of law involving private citizens

family law common law constitutional law criminal law public law administrative law labour law procedural law company law private law civil law substantive law commercial law What are the Croatian terms for the above?

family law – obiteljsko pravo constitutional law – ustavno pravo criminal law – kazneno pravo public law – javno pravo administrative law – upravno pravo labour law – radno pravo procedural law – procesno pravo company law – pravo (trgovačkih) društava private law – privatno pravo civil law – gra đ ansko pravo/kontinentalno pravo substantive law – materijalno pravo commercial law – trgovačko pravo

NOTE: civil law – double meaning: ◦ (continental) civil law – legal system ◦ civil law – field of law (as opposed to criminal law) common law – double meaning: ◦ legal system (sustav common law) ◦ a source of law (precedentno pravo)

 Consider the relationships between the following Great Britain The British Isles Wales England The United Kingdom Ireland Scotland Northern Ireland

1. The United Kingdom of Great Britain and Northern Ireland 2. The Republic of Ireland  Great Britain: England, Wales and Scotland  Certain political and legal independence  England and Wales share a common legal system, while Scotland and Northern Ireland have separate legal systems

 COMMON LAW  COMMON LAW – substantive law and procedural rules created by judicial decisions made in the courts  STATUTE LAW  STATUTE LAW – laws enacted in Parliament (statutes, i.e. Acts of Parliament)  EQUITY  EQUITY – a parallel system to common law  EU LAW  EU LAW – EU legislation and decisions of the Court of the EU applicable in all Member States

Norman Conquest  before the Norman Conquest (1066), laws were local and based on custom, administered by feudal courts, no centralised system  Norman Kings – political and administrative unification  introduced a national legal system and a system of courts  Henry II  Henry II ( ) - the common law system was instituted in its entirety judicial precedents  national legal system based on case law, which developed into judicial precedents – the basis of common law to the present day

remedies common law system proved rigid in its practices and its remedies often led to unsatisfactory results dissatisfied litigants turned to the monarch the monarch forwarded these petitions to the Lord Chancellor (Keeper of the King’s Conscience)

the Court of Chancery was formed to deal with these petitions fairness developed into a separate system within English law known as EQUITY, as the Lord Chancellor was not bound by precedents administered by common law courts, but was rather guided by equity, i.e. fairness

 e.g. where common law could only impose a payment of damages, equity had the option to issue an injuction or order specific performance  equity soon established jurisdiction over matters where common law was failing, and as such continued to exist for five centuries

The Supreme Court of Judicature Acts  reformed the system of courts and brought together the common law courts and the courts of Chancery  the Court of Chancery became the Chancery Division of the High Court of Justice, which it remains until the present time  equity has its own set of precedents  where common law and equity conflict, equity prevails  courts fused but not the law!  litigants can seek legal and/or equitable remedies from the same court

... in the next session!

branch of law area/field of law source of law common law statute law equity EU law substantive law procedural law precedent (legal) remedy litigant damages injunction specific performance

Thank you for your attention!