Lecturer: Miljen Matijašević
e-mail: miljen.matijasevic@gmail.com
G10, room 6, Tue 15:30-16:30
Session 5, 18 Nov 2014
1.
Revision of the previous sessions
2.
Types of English Civil Law
What are the legislative bodies of the EU?
Who sits in the following bodies:
1.
2.



3.
4.
5.
6.
Council of the European Union
European Parliament
European Council
What is qualified majority and who votes by it?
What do you know about the European
Commission?
What is the main task of the Court of Justice of
the EU?
What about the Court of Auditors? Is it an
actual court?
1.
kontrolirati prihode i rashoda EU-a
2.
kontrolirati ubiranje poreza
3.
nadgledati tumačenje europskog
zakonodavstva
4.
obavljati godišnju reviziju
5.
odobriti proračun EU-a
1.
2.
3.
4.
5.
kontrolirati prihode i rashode EU-a – to
check EU income and expenditure
kontrolirati ubiranje poreza – to check tax
collection
nadgledati tumačenje europskog
zakonodavstva – to supervise the
interpretation of EU legislation
obavljati godišnju reviziju – to carry out a
yearly (annual) audit
odobriti proračun EU-a – to approve the EU
budget
6.
glavna uprava
7.
rješavati sporove između država članica
8.
sastavljati prijedloge europskog
zakonodavstva
9.
uredba
10.
uskladiti nacionalne politike
6.
7.
8.
9.
10.
glavna uprava – Directorate General
rješavati sporove između država članica –
to settle (resolve) disputes between
Member States
sastavljati prijedloge europskog
zakonodavstva – to draft proposals of EU
legislation
uredba – regulation
uskladiti nacionalne politike – to coordinate (harmonise) national policies
Unit 29
 English



civil law refers to:
a body of laws governing disputes between
individuals
law relating to private and civilian affairs
a generic term for non-criminal law
 Civil
law does not necessarily equal private law
 It overlaps with areas such as:





family law
administrative law
revenue law
patents and copyright
etc.
 civil
law in the narrow sense:
TORT LAW and CONTRACT LAW

TORT – a civil wrong, less serious than a crime,
committed by one person against another, other than
breach of contract

adj. TORTIOUS (e.g. conduct or act)

does not result in prosecution (the state has no interest)
but may lead to a civil lawsuit

parties in a lawsuit: CLAIMANT and DEFENDANT

the defendant is the alleged TORTFEASOR – a person
who has committed a tort

the task of the court is to establish LIABILITY of the
defendant, on a BALANCE OF PROBABILITIES

legal responsibility

finding the defendant
liable means finding
him responsible for
the damage
LIABILITY

the defendant’s
actions have more
likely than not caused
the claimant’s
damage

there has to be
stronger evidence of
liability than to the
contrary
BALANCE OF PROBABILITIES
 the
same act may be criminally prosecuted and
subject to a civil lawsuit



the standard of proof is lower in civil lawsuits – cases are easier
to win
an individual files the lawsuit, while prosecution is a decision of
a public authority
remedies are different
 COMPENSATION:

money awarded to the claimant to compensate for
the injury or damage sustained/suffered
 INJUNCTION:

a court order forcing the tortfeasor to discontinue
an activity
 in
criminal trials, remedies are e.g.
imprisonment, fine (paid to the state),
therefore, the victim gets no compensation
Do not confuse the terms!
 Damage
– injury or loss sustained by the
claimant
 Damages
damage
– compensation sought, i.e. for the
 The
court calculates the amount of
compensation (damages) awarded to the
claimant

general damages – compensation for the pain and
suffering caused by the tortious act

special damages – compensation for past and future
financial loss, including loss of earnings and/or loss of
earning capacity
committed against
with regard to intention
1.
the person
1.
negligent torts
2.
property
2.
intentional torts
 The
main negligent torts are:

NEGLIGENCE – a breach of a duty of care owed to
a claimant, who has consequently sustained
injury or loss

NUISANCE – an act by the tortfeasor preventing
the claimant from the use and enjoyment of his
land (due to ‘harmful emmissions’)
Q: Provide some examples of ‘nuisance’!

defamation

assault

battery

false imprisonment

fraudulent
misrepresentation (deceit)
intentional torts against the
person

trespass to land

trespass to chattels

conversion
intentional torts against
property
 Making
written or oral statements including
false information, damaging someone’s
reputation


LIBEL – for statements in permanent form (print,
broadcast, etc.)

SLANDER – statements made in speech
adj. defamatory, libellous, slanderous (e.g. statement)
 Assault
is an attack on a person causing
apprehension (fear) of a violent attack, e.g.
waving a knife or firearm in front of
somebody
 Battery
goes further than assault because it
has to involve physical contact, however
minor
 False
imprisonment is intentional and
unlawful deprivation of liberty
 Fraudulent
misrepresentation is intentional
deception made for gain or for the purpose
of causing damage to the victim.
 Both
torts are also criminal offences
 is
a direct and forcible injury committed
against:
1.
real property (trespass to land)
2.
personal/movable property (trespass to
chattels)
 TO
LAND - e.g. walking over someone’s land
without their consent – damage to land
irrelevant, not a required element
 TO
CHATTELS – e.g. using or interfering with
the property of another without their
consent – damage to property must be
proven
a
tort relatable to the criminal offence of
theft or larceny
 goes
further than trespass to chattels
because it involves taking of another’s
property without their consent
 an
invasion of the right of the owner to
dispose of their property, but does not
require the element of dishonesty (like theft)