Law is a body of rules for guidance of human conduct to maintain order and protect harm to persons and property. If there is no legal system, it is likely to result in confusion or disorder. Public law governs relations between an individual citizen and the state covering: Criminal law and constitutional law.
Trang 1Lecture
INTRODUCTION TO LAW
INTRODUCTION TO LAW
Trang 2CRIMINAL AND CIVIL LAW
Criminal law Public and
private law
Trang 3CRIMINAL AND CIVIL LAW
ROLE OF LAW Law
Law is a is a body of rules for guidance of
If there is no legal system, it is likely to
result in confusion or disorder.
Trang 4PUBLIC AND PRIVATE LAW
(Public Law)
PUBLIC LAW governs relations
the state
Covers:
(a) Criminal Law
(b) Constitutional Constitutional law law
Trang 5CIVIL AND CRIMINAL LAW
(Civil Law)
Is the law
relations between
citizens themselves
Trang 6CIVIL AND CRIMINAL LAW
(Criminal Law…cont’d)
In criminal trial, the burden of proof
(the party who bears the proof)
(the party who bears the proof) is is
placed
placed on the prosecution, on the prosecution, who who
placed
placed on the prosecution, on the prosecution, who who
must demonstrate that the
defendant is guilty before a jury may convict him or her.
It must proved its case to be beyond reasonable
doubt.
Trang 7PUBLIC AND PRIVATE LAW
(Private Law)
Covers:
(a) Law if contract, which will be covered later
(b) Law of tort, which is the law covering legal duty of (b) Law of tort, which is the law covering legal duty of
people towards each other, such as the law of
negligence
(c) Law of trust, dealing with the disposal of a person’s
property according to their wishes
(d) Family law, concerned with issues such as divorce,
custody of children and wards of courts
Trang 8CIVIL AND CRIMINAL LAW
(Criminal Law)
CRIMINAL , or sometimes also known as
PENAL LAW involves prosecution
by the government of a person for a
by the government of a person for a
crime , which is prohibited by the
law.
The community suffers as a result of the law
broken Persons guilty of crimes are
punished by fines or imprisonment.
Trang 9While driving, Martin exceeded the speed limit and crashed into the
speed limit and crashed into the
wall of Andrew’s house, causing
damage worth $
damage worth $5 5,,000 000 What legal What legal
actions, either criminal or civil , may arise as a result of his actions?
Trang 10RESOLUTION OF DISPUTES
Disputes may be resolved by:
(1) (1) Courts Courts (1)
(1) Courts Courts (2) Tribunals (3) Arbitration
Trang 11THE COURTS SYSTEM
Refer to course book, page
page 7 7 to see diagram to see diagram page
page 7 7 to see diagram to see diagram
Trang 12THE COUNTY COURT
Read course book, page
Read course book, page 7 7 to to 9 9 on the followings:on the followings:
(1) Jurisdiction
(2) Small claims procedure
(3) Appeals
(4) Staffing
(5) The The W Woolf reforms oolf reforms
Trang 13THE HIGH COURT
The High Court is organized into three divisions
(2) Chancery Division
(3) Family Division
Trang 14CRIMINAL STRUCTURE
Refer to course book,
page
page 11 11 to see diagram to see diagram page
page 11 11 to see diagram to see diagram
Trang 15CRIMINAL STRUCTURE (CONT’D…)
MAGISTRATES’ COURTS
Read course book, page
Read course book, page 11 11 to to 12 12 on the followings:on the followings:
(1) Criminal jurisdiction
(2) Civil jurisdiction
(3) Appeals
(4) Staffing
Trang 16CRIMINAL STRUCTURE (CONT’D…)
THE CROWN COURT
Read course book, page
Read course book, page 13 13 on the followings:on the followings:
(1) Criminal jurisdiction
(2) Civil jurisdiction
(3) Appeals
(4) Staffing
Trang 17CRIMINAL STRUCTURE (CONT’D…)
THE COURT OF APPEAL
Read course book, page
Read course book, page 13 13 to to 14 14 on the followings:on the followings:
(1) Civil Division
(2) Criminal Division
(3) Appeals
(4) Staffing
Trang 18CRIMINAL STRUCTURE (CONT’D…)
THE HOUSE OF LORDS
Read course book, page 14 on two separate roles
(1) Legislative role
(2) Judicial role
Trang 19CRIMINAL STRUCTURE (CONT’D…)
THE EUROPEAN COURTS
Read course book, page
Read course book, page 14 14 on the followings: on the followings:
(1) European Court of Human Rights
(2) European Court of Justice
Trang 20OTHER MEANS OF RESOLVING DISPUTES
Other means
Tribunals Arbitration
Other means
of resolving disputes