Professional Documents
Culture Documents
LAW
Unit 3
I Answer the following questions:
■ 1. Which branches of law are you familiar with? What do they deal with?
■ 2. What is the difference between private law and public law?
■
II Complete the following table. Decide whether the
branches of law you mentioned belong to private law or
public law. Give your reasons.
■ The legal order has a systemic character: each element of the order forms part of a
greater whole.
■ There are various ways in which the law may be classified.
■ The most important ways are by:
■ 1) the type of law (i.e. matters that the law is regulating) and
■ 2) the source from which it comes. According to the type, law can be classified as
follows:
■
Substantive and procedural law
■ While substantive law regulates areas of human activity, procedural law sets down
rules for the manner of enforcing the law in relation to that activity.
■ Substantive law is the body of rules of law which regulate the rights, duties and
liabilities among citizens and governments.
■ Procedural law lays down the rules governing the manner in which a right is enforced
under civil law, or a crime is prosecuted under the criminal law.
National and international law
■ National law is the law which applies within a state: each state has its own national law
and there are often considerable differences between the laws of individual states.
■ One branch of national law is the law relating to conflict of laws, otherwise known as
private international law, which determines which national law governs a case in
which there is a foreign element.
■
Public international law
■ Public international law governs the relationships between states and other entities
operating on the international plane.
■ It is contained in conventions and treaties devised and agreed to by states to regulate
activities in which they have a common interest or which take place across national
borders.
■ Its interpretation and enforcement may be the task of an international court recognised
in or established by a treaty.
Public and private law
■ Within national law there is usually a clear distinction between public and private law.
■ Public law involves the state or government in some way, while private law is
concerned with disputes between private individuals or businesses.
■ Both public and private law can be subdivided into different categories.
■
Public law
■ Constitutional
■ Administrative
■ Criminal
Constitutional law
■ the rules which regulate the structure of the main branches of government: the
executive, the legislature, and the judiciary, and their relationship to each other, and
determine their main functions.
■ Moreover, constitutional law defines the rights of the citizens.
Administrative law
■ sets out the types of behaviour which are forbidden and are subject to punishment.
■ A person who commits a crime is said to have offended against the state, and so the
state has the right to prosecute them.
■ At the end of the case, if the defendant is found guilty, the court will punish them for
the offence, because they have broken the criminal law.
Private law
■ Private law is usually called civil law and has many different branches.
■ The main ones are:
■ law of contract,
■ law of tort,
■ family law,
■ law of succession,
■ company law
■ employment law.
Law of contract
■ Law of contract is the branch of the law which determines whether a promise is legally
enforceable and what are its legal consequences.
■
Law of torts
■ Law of torts deals with torts, which can be defined as civil wrongs.
■ Examples of torts are:
■ nuisance,
■ negligence,
■ defamation, and
■ trespass.
■
Law of property
■ Law of property determines the nature and extent of the rights which people may enjoy
over land and other property – for example, rights of 'ownership' of land.
■
Family law
■ In addition to these areas of private law, there are also laws relating to copyright and
patents, and many other topics, so it can be seen that civil law covers a wide variety of
situations.
Civil vs. criminal law
■ Civil law regulates relations between private persons or bodies. It is usually invoked
only by the parties seeking to protect their private rights or interests.
■ By contrast, a criminal offence is a wrong against the community.
■ While the state has no interest in pursuing your civil claim, if you are a victim of a
crime, such as theft, the state may prosecute the offender, whether or not you wish to
take action against him/her. The aim of taking a criminal case to court is to punish the
wrongdoer.
IV Read the text once again and answer the following
questions:
Civil law
TERM DEFINITION
5.defendant a. The fact of being legally responsible for paying for damage or loss
incurred
7.liability a. To set a person free because he or she has been found not guilty
9.nuisance a. The legal right of a parent to keep and bring up a child after a divorce
acquit
claim
defend
employ
enforce
interpret
judge
offend
try
I Read the following course description and
discuss the following questions:
■ Media Law is a fast developing and increasingly high profile area of law.
■ It is an area related to freedom of expression and the right to communicate.
■ The course covers a number of key themes in Media Law and will begin by looking at
the meanings of media freedom.
■ The topics in the course can be grouped into three broad categories:
Media law
■ (1) Liability for media content – for example, when can the press publish facts about a
person’s private life?
■ Do public figures have weaker rights to reputation?
■ Will media coverage prejudice a jury trial?
Media law
■ (2) Legal assistance and control of newsgathering – can the police seize journalists’
notes?
■ When do journalists have a right not to disclose the identity of confidential sources?
Media law
■ (3) Media regulation – what system of regulation should govern the press?
■ Why do we have different regulatory systems for television and newspapers (and where
should the internet fit in)?
■ How much media should any person or company be allowed to control?
Media law
■ The course will also build on areas studied in tort law, criminal law, and constitutional
and administrative law. The course will analyse these issues in the light of the political
and social functions and responsibilities of the media.
II Answer the following questions:
assist
compete
cover
develop
disclose
regulate
IV Match the verbs with prepositions:
VERB PREPOSITION
1.allow a. at
2.build a. on (2x)
3.draw a. into
4.intersect a. to
5.group a. with
6.look
V Discuss the following questions with a partner:
■ VI Find a course description on the web page of your university and summarize its
contents in class.