1. Inglese giuridico (M-Z) prof.ssa C.M.Cascione
Lezioni n. 1-2
Law
Common law

2. Meanings of ‘Law’ LEGGE (gen.) To break the law = infrangere la legge
To keep the law = osservare la legge
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
Law faculty = facoltà di giurisprudenza
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

3. Meanings of ‘Law’ 6. PROFESSIONE LEGALE, AVVOCATURA
To practise law = esercitare la professione legale
AZIONE LEGALE
To go to law = procedere per vie legali
To take someone to law = iniziare un’azione legale nei confronti di qualcuno
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

4. Definitions of ‘Law’
A rule of human conduct, prescribed or formally recognized as binding or enforced by a controlling authority
Law is a rule or a body of rules
Scope: the guidance of human conduct
Law is imposed
Law is binding
Law is enforceable
Law is applied within a State

5. Definitions of ‘Law’
.a statute, ordinance or regulation enacted by the legislative power of a State
. the whole body of rules and doctrines relating to one subject

6. Classifications of Law
Public law v. Private law
Criminal law v. Private law
Substantive law v. Procedural law
Municipal law v. International law

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

8. 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 on 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)

9. Law of contract Law of tort Law of property Law of succession
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

10. Criminal Law v. Private Law Main differences:
1. Private law: deals with the resolution of disputes among two or more parties by providing a remedy for a wrong that has been suffered/Criminal law: deals with offences against the State or its citizens and preserves public order
2. Private law: the main action is begun by private citizens/Criminal law: the main action is enforced in behalf or in the name of the State
3. Remedies

11. 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

12. 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)

13. Common law Common law as a legal family Common law as case law
Common law in opposition to ‘equity’

14. Common Law v. Civil Law Common law Civil law Emerged in England
Emerged in continental Europe
Was applied in english colonies
Was applied in european colonies
Is uncodified
Is codified
Judicial decisions are sources of law
Judicial decisions are not sources of law

15. Common Law v. Statute law
Case law
Judicial decisions
Acts of Parliamens
Legislation
Unwritten law
Written law
Pronounced by judges when deciding cases
Not formally enacted by the legislature
Enacted by the legislator according to procedures recognised as valid for producing law

16. Common Law v. Equity Common law Equity
The branch of English law developed since the Norman conquest in 1066
The branch of English law developed since XV century
Based on the system of writs
Emerged in opposition to the system of writs
Developed by the Courts of Westminster
Developed by the Chancery Court
Characterized by strong formalism
Not based on strict formalities