Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 3
1.
Revision of the last session
2.
Legal Systems of the World
3.
Sources and Varieties of English Law
4.
Key terms + practice
Separation of Powers
What is Meant by Law?
1.
Name at least 4 meanings of the word ‘law’
2.
Find synonyms for:
◦
behaviour
◦
lay down
◦
law-making (adj.)
◦
to be in accordance with (a law)
Who does these actions:
3.
◦
enact, enforce, interpret, practise law.
Provide Croatian equivalents for the following terms:
4.
◦
impose, neglect, infraction, coercion.
The Legislative
The Executive
The Judiciary
REMEMBER!
• What are the powers of each branch?
• Which bodies represent the three branches of power in Croatia?
Laws are usually enacted by the legislative
branch of the government. Once a regulation
enters into force, the citizens of that country
must conform to it. Any conduct contrary to that
regulation is interpreted as a violation of the
regulation and may lead to penalties. These are
given by the judiciary or institutions which are
responsible for enforcing the regulation.
Zakone obično donosi zakonodavna vlast.
Kada neki propis stupi na snagu, građani te
zemlje moraju ga se pridržavati. Bilo kakvo
ponašanje suprotno tome propisu smatra se
kršenjem istog i može biti kažnjeno. Kazne
određuje sudstvo ili institucije odgovorne za
provođenje tog propisa.

The three dominant legal systems in the world are:
CIVIL LAW
COMMON LAW
RELIGIOUS LAW

inspired by Roman Law and particularly popularized during
the Enlightment (18th century) – the first modern
codifications in Europe

Characterized by CODIFICATION – an accessible and written
collection of laws which apply to all citizens and which
judges must enforce

Judges are merely 'the mouth of the law‘

Laws provide general principles and guidelines to
be applied to each particular case.

Main source of law: LEGISLATION
II. GENERAL SAFETY REQUIREMENTS FOR PRODUCTS
Article 4
(1) A producer shall only place safe products on the market.
(2) For the purpose of paragraph 1 of this Article, a product shall be deemed safe:

if it meets all the requirements laid down in the technical regulations pertaining to this product,

when there are no relevant technical regulations, if it meets the requirements of Croatian standards
transposing European standards, the list of which is published in the Official Gazette,
(3) It shall be prohibited to produce, import, export or place on the market products which are of
misleading appearance, and are therefore unsafe for consumers, especially children.



Developed in England in the 12th century
Law which is not written by elected politicians but
rather by judges.
Common law is a collection of court rulings or
precedents which must be observed by judges.



Contrary to civil law, common law does not provide
general principles but examples of court rulings in
similar cases, which provide the basis for new court
decisions.
The starting point of common law is the case, not the
general principle.
Main source of law: PRECEDENTS (PREVIOUS COURT
RULINGS)

Legal system using a religious system or document
as a legal source, although the legal methodology
varies.

Religious law systems are usually mixed systems

Some areas may be governed by religious, and
others by secular laws.




Legal systems of the modern world are often a
combination of two systems.
Religious law usually follows the principles of either
civil or common law.
Common law countries have a parallel system of
codified laws, supplementing the precedents.
Some countries even have multiple legal systems
(e.g. Canada, the USA)
Unit 2
PRINCIPAL DIVISIONS:
international law – national law
(also: supranational law - EU)
public law – private law
PUBLIC LAW – area of law in which the state has a
direct interest
PRIVATE LAW – area of law involving private citizens
family law
common law
constitutional law
criminal law
public law
administrative law
labour law
procedural law
company law
private law
civil law
substantive law
commercial law
What are the Croatian terms for the above?
family law – obiteljsko pravo
procedural law – procesno pravo
constitutional law – ustavno pravo
company law – pravo (trgovačkih)
criminal law – kazneno pravo
društava
public law – javno pravo
private law – privatno pravo
administrative law – upravno pravo
civil law – građansko
labour law – radno pravo
pravo/kontinentalno pravo
substantive law – materijalno pravo
commercial law – trgovačko pravo
NOTE:
civil law – double meaning:
◦ (continental) civil law – legal system
◦ civil law – field of law (as opposed to criminal law)
common law – double meaning:
◦ legal system (sustav common law, anglosaksonsko pravo)
◦ a source of law (precedentno pravo)

Consider the relationships between the following
Great Britain
The British Isles
Wales
England
The United Kingdom
Ireland
Scotland
Northern Ireland
1.
2.
The United Kingdom of Great Britain and Northern
Ireland
The Republic of Ireland

Great Britain: England, Wales and Scotland

Certain political and legal independence
England and Wales share a common legal system,
while Scotland and Northern Ireland have separate
legal systems


COMMON LAW – substantive law and procedural
rules created by judicial decisions made in the courts

STATUTE LAW – laws enacted in Parliament (statutes,
i.e. Acts of Parliament)

EQUITY – a parallel system to common law

EU LAW – EU legislation and decisions of the Court of
the EU applicable in all Member States

before the Norman Conquest (1066), laws were local and based on
custom, administered by feudal courts, no centralised system

Norman Kings – political and administrative unification

introduced a national legal system and a system of courts

Henry II (1154-89) - the common law system was instituted in its
entirety

national legal system based on case law, which developed into judicial
precedents – the basis of common law to the present day
• common law system proved rigid in its practices
and its remedies often led to unsatisfactory results
• dissatisfied litigants turned to the monarch
• the monarch forwarded these petitions to the Lord
Chancellor (Keeper of the King’s Conscience)
• the Court of Chancery was formed to deal with
these petitions
• developed into a separate system within English
law known as EQUITY, as the Lord Chancellor was
not bound by precedents administered by common
law courts, but was rather guided by equity, i.e.
fairness

e.g. where common law could only impose a payment of
damages, equity had the option to issue an injuction or
order specific performance

equity soon established jurisdiction over matters where
common law was failing, and as such continued to exist for
five centuries
The Supreme Court of Judicature Acts 1873-1875

reformed the system of courts and brought together the
common law courts and the courts of Chancery

the Court of Chancery became the Chancery Division of
the High Court of Justice, which it remains until the
present time

equity has its own set of precedents
where common law and equity conflict, equity prevails
courts fused but not the law!
litigants can seek legal and/or equitable remedies from
the same court



... in the next session!
branch of law
area/field of law
source of law
substantive law
procedural law
common law
statute law
equity
EU law
precedent
(legal) remedy
litigant
damages
injunction
specific performance
Thank you for your attention!