Introduction to Law

Introduction to Law – Part 1

(Categories and Sources of
Law)
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 LEARNING OUTCOMES
 Module syllabus
 Course assessment
 Proposed exam format
 Introduction to law
– Categories of law
– Sources of law
 Reading and assignments for Week 1

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 Contact Information
 Daniel O’Connell
 icbdaniel@hotmail.com
 Mobile: 13381376347

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 Course learning outcomes
 Analyze a dispute between an employer
and an employee and identify the legal
issues it raises
 Identify the legal sources of the principles
relevant to the dispute
 Describe the principles relevant to the
dispute
 Apply the relevant principles to the
dispute
 Put forward a reasoned solution to the
dispute
 Present the solution to an employer or
employee, as appropriate, in a suitable
format 4
 Learning Strategies
 Lecture
 Cases
 Review papers
 Exams

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Tentative teaching schedule
 According to the module syllabus
 Check the website for the module
syllabus

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 Course Assessment
 Class attendance/participation
10%
 Mid-term exam 20%
 Coursework
30%
 Final exam 40%

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 Learning Objectives

 What is law?
 Categories of law
 Sources of Law
 Brief Comparison of England and
China

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 What is Law?

 Law provides rules

 It tells us what we can and cannot
do
 This is true in our personal lives
(eg criminal law)
 And in our business lives (eg
contract law)
 Therefore, it is important for a
businessperson to know the rules 9
 What is Law? (cont.)

 However, law is more than just

rules
 Societies require order to allow
people to live and deal with each
other
 Law is a means of creating and
maintaining social order
 It does this by helping to deal with
arguments and conflicts 10
 What is Law? (cont.)

 Different countries have different

forms of law and social order
 In this module, we shall be looking
at some of the principles of English
Law
 However, many of these principles
can be found in other legal
systems
– even if the details are different 11
 Categories of Law

Law is a very large field, and it is

common to divide it into categories
 common law and civil law
 common law and statute law
 private law and public law
 civil law and criminal law

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Common Law and Civil Law

A legal system is the way the law

is structured and operated in a
country
– England and China have different
legal systems
 Common Law and Civil Law are
terms used to describe legal
systems
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 Common Law

 Common Law is used to describe

legal systems based on the English
legal system
 These are usually countries which
were once part of the British
Empire
– eg: America, Australia, New Zealand

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 Civil Law
 CivilLaw is used to describe legal
systems which are based on old
Roman Law (from the Roman Empire
in what is now Italy)
 eg: France, Germany
 China is usually classified as a civil
law system, although it is not based
on Roman Law

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 Common Law v. Civil Law
Common Law Civil Law
 Case law and the  Consists of a legal
courts are most code of general
important source principles which is
of law the source of law

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Common Law and Statute
Law
 Common Law is the law and
procedures created by courts (ie
judges)
 Statute Law is legislation created
by the government
– in England, this is Parliament at
Westminster
– eg Sale of Goods Act 1979
– eg Employment Relations Act 1999
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Common Law v. Statute Law

 Sincethe early 20th century, most

English Law has been created
(“enacted”) by statute
– Acts of Parliament
 However, the courts still have an
important role to play in deciding
on the effect of statutes

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Private Law and Public Law

 Private
Law and Public Law are
concerned with relationships

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 Private Law

 Private Law deals with the

relationships between ordinary
people in everyday transactions
 That includes you and me, as well
as businesses and companies
 Private Law includes the law of
contract and the law of tort

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 Public Law
 PublicLaw deals with the
relationships between government
organisations and ordinary citizens
– also between different government
organisations
 PublicLaw includes constitutional
law, administrative law, and criminal
law

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Civil Law and Criminal Law

 Inthis category, “civil law” has a

different meaning from the
Common Law and Civil Law
category

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 Civil Law

 In this category, civil law deals

with the relationships between
individual citizens
 Its purpose is to settle arguments
between individuals
 It helps people to find remedies
– it doesn’t really punish people
 Civil
Law includes all Private Law
and some Public Law 23
 Criminal Law

 Criminal Law deals with rules

created by the State which forbid
certain behaviour
 These are “crimes”
 Criminal Law punishes people
– it does not provide remedies
 CriminalLaw is usually what
people think of when they think
about “The Law” 24
 Criminal Law v. Civil Law

A very important difference

between criminal law and civil law
relates to court cases
 In a criminal case, the prosecutors
(ie the State) must prove their
case beyond reasonable doubt
 In a civil case, the parties only
have to prove their case on the
balance of probabilities
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Common Law System
(based on English
System)

Civil Law

Private
Law
Common Statute
Law Law

Public Law

Criminal
Law

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Civil Law System
(based on old
Roman Empire
System)
Civil Law

Private
Law
Statute
Law

Public Law

Criminal
Law

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 Sources of English Law

 European Union
 Domestic Legislation
 Case Law

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 European Union

 The UK is a member of the

European Union
 The EU has the power to create
rules and regulations which apply
in its member states

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 Domestic Legislation

 Domestic legislation is created by

Parliament at Westminster
 It only applies to England
– EU laws apply to all EU members
 Domesticlegislation is introduced
by the government
– currently the Labour Party led by
Tony Blair
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Domestic Legislation (cont.)

 Although we said earlier that the

English legal system is a common
law system, legislation is now the
main source of law in England
 However, the courts are still
important as they help to interpret
the legislation

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Domestic Legislation (cont.)
 Each piece of legislation is an Act of
Parliament
 They are recorded in statute books
which anyone can refer to

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 Case Law

 Decisions of the courts can help to

develop and explain the law
 As we will see in the next class, the
decision in one case can influence
the decision in another case which
comes after it
 Although legislation can overrule
case law, cases law can help to
show the practical effect of
legislation 33
 Case Law

 The facts and decisions in

important cases are recorded in
books called law reports
 Lawyers refer to these when
– they advise their clients
– they are arguing their client’s case in
court

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 China

 The Chinese legal system has

similar characteristics to a civil
law system
 This is partly because in Chinese
history written laws and codes
were important
– as far back as the Qin Dynasty
 Alsopartly due to European
influences on China in the 19th and 35
th
 China (cont.)

 The Chinese legal system is

distinct from other legal systems,
but its structure is similar to civil
systems like France and Germany
 Chinese legal experts view
legislation as more important than
case law
 In fact, case law is not considered
to be a source of law in China 36
 China (cont.)

 Sources of law in PRC

 Statutes made by the National People’s
Congress have the highest authority
– constitutional laws, civil codes, and criminal
codes
 Administrative regulations by the State
Council cannot be in conflict with
statutes.
 Cases are not considered official
sources of law, though decisions of the
Supreme People's Court are used as a
guideline by lower courts when the law 37
 England v China
England PRC
 Common Law  Civil Law System
system  Sources of Law
 Sources of Law – Domestic
– European Union Legislation (NPC
– Domestic and State Council)
Legislation  Case Law not
– Case Law important. Only
 Case Law used by lower
important in courts when the
developing and law is unclear.
explaining the law 38
 Summary

 Lawprovides rules which give

businesspeople a framework for
conduction their business
– they know what they can and cannot
do
 Categories of law
– Common Law and Civil Law
 refer to legal systems
 England has a common law system
 China is closer to a civil law system 39
 Summary (cont.)

 Categories of law (cont.)

– Common Law and Statute Law
 common law comes from decisions of the
courts
 statute law comes from legislation made
by the government
– Private Law and Public Law
 private law concerns individuals
 public law concerns institutions of state

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 Summary (cont.)

 Categories of law (cont.)

– Civil Law and Criminal Law
 civil law deals with relationships between
individuals
 criminal law deals with forbidden
behaviour
 Sources of English Law
– European Union
– Domestic Legislation
– Case Law
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 Reading

 Chapter 1
– Page 3 : paragraph entitled “Private
and public law”

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