Judicial institutions

Sources of modem law.

There are 2 main traditions of law in the world. One is based on English Common law. It has been adopted by many Commonwealth countries and most of the US. The other tradition - Continental or Roman law - has been developed in continental Europe. Latin America, countries of Asia and Africa. Common law was developed gradually. It wasn’t the result from government attempts to define legal relations. Customs and court rulings are as important as statutes. In some cases judges make law. This is called the doctrine of precedent. If the essential elements of a case were earlier the same as those of previous case. The judge at this case should found to reach the same decision. If there was no precedent the judge applied existed legal principle.

The court of equity developed alongside the common law. If the citizens were not satisfied with the common law. They could appeal directly to the king or lord chancellor. Parliament passes hundreds of new laws every day. Continental legal system is the result from the attempts governments by to regulate all aspects of citizen's life.

According to Marxism the system of law produced by the state would disappear. But socialist countries produced strong centralized state and legal system. Socialist lawmakers criticized both common law and Roman legal system.

Civil and Public Law

One important distinction made in all countries is between private and public law.

The main categories of English civil law are: contracts (agreements between people), torts (wrongs committed by one individual against another individual’s person, property or reputation), trusts (arrangements whereby a person administers property for another person’s benefit), probate (arrangements for dealing with property after the owner’s death).

The main categories of Public Law are: crimes (wrongs which, even when committed against an individual are considered to harm the well-being of society), constitutional law (regulation of the relations between private citizens and government), international law (regulation of relations among various countries)

Judicial institutions

In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take form of a hierarchy of courts. One is that a particular court can specialize in particular kinds of legal actions. The other is that a person, dissatisfied with the decision of a lower court may appeal to a higher court for reassessment. There is the House of Lords at the top of English legal system then The Court of Appeal with criminal and civil division. Crown court deals with criminal cases the county courts deal with civil cases. A criminal case begins in Magistrates court. A suspect of a crime may be released on condition if he appears on a certain date at a certain court - unconditional bail or if he surrenders his passport - conditional bail. In a Crown court there are 12 jurors. They are selected at random between the ages of 18 and 70.

Most of cases are open. Any member of public may witness a court case. But there are some closed proceedings. All people have the right to present their case by themselves. But most people choose to be represented by a professional lawyer.

4. Criminal law.

Crimes are acts which are considered to be wrong can be punished by the state. A person can’t be considered guilty until his guilt is proven. Theft is dishonest appropriating property belonging to another. Burglary is entering someone’s land without permission to steal something . Robbery is using force о r threats to steal. There are 2 elements of a crime: the criminal act - actus reus, and the criminal state of mind - mens rea. Murder is unlawful killing of a human being with malice aforethought. When deciding if the act caused death the court must be sure that the act was a substantial cause of the result. If the prosecution fails to prove either actus or mens the court must decide there was no crime. A defendant may avoid guilt if he can show he has a defense. The defense of duress is being forced to commit a crime. Another defense is insanity. Nearly every system recognizes the defense at self-defense.

The concept of defense should not be confused with mitigation - reasons the punishment is not so harsh.

Contract law

Many people think that contract is a written agreement between people. But there are many kinds of written agreements. The advantages of a written contract are that it’s easier to prove that it existed and that one of contractors was in breach of contract. There are many transactions which most people never think of as contract. But a simply purchase can be a contract: without writing anything down we agree to buy a certain item from a certain person at a certain price. Of course, problem of evidence can arise even when there is a detailed written agreement. The agreement must include an offer and an acceptance. The contractors must have an intention to be legally bound and valuable consideration. Contractors must have capacity to make up a contract. If there is a breach of contract the court will award damages - monetary compensation. Except damages there are different types of remedies: such as specific performance and injunction. Injunction is the order not to do something.

Employment law.

The history of employment law begins with the industrialization of Western countries in 19 century. Before the industrialization most people worked on the land or in some craft connected with agriculture. Mane employees were in a very weak position because part of their wages was paid in the form of food and accommodation. Nowadays most of the countries have legislation which guarantees a minimum wage, prevents employees from being dismissed.

English law makes a clear distinction between employees and self-employed people. Employees are thought to be in a weaker economic position. The right to strike was one of the first employment rights. All women have the right to time off in order to have a baby and the right to return to work after that.

Financial law.

Most businesses face similar problems, they must determine their organizational form, duties to clients, investors and employees, tax liabilities and ability to minimize losses if the business fails. There are different forms of business. Limited company (or corporation) may consist of single person or several persons which have limited liability. Their liability may be limited by shares or guarantee. The next form is public limited company. They raise capital by selling shares or debentures. Debenture holders are entitled to an annual payments. A single person may operate as a sole trader and even employ people. It’s also possible to form an unlimited company. All organizations must have memorandum of association contain the name, the object, the form, amount of share, etc. A new company has to be registered. Internal management is regulated by the articles of association. There are different ways to terminate a company. It may be liquidated. It may become a bankrupt. Sometimes liquidation is voluntary; sometimes it is compulsory - ordered by the court.

Date: 2015-12-11; view: 1222