history of law, legal systems

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1 - HISTORY OF LAW, LEGAL SYSTEMS
law, statute, act, natural law, legal/illegal, lawful, legitimate, statutory, legislative branch,
legislator, code, offence, punishment, civil law, common law, ratio decidendi, obiter dicta,
stare decisis, precedent, equity
1. Which meanings does the term “law” have? Which are its adjective forms (incl. their
opposites/negative forms)?
2. What is the difference between “law” and “right”? (both having the meaning “právo”
in Czech)
3. Which ancient legislators do you know?
4. Why is the Justinian Code so significant for the history of law?
5. Which are the two meanings of civil law?
6. Explain the difference between civil and common law.
7. Which are the primary and the secondary sources of Anglo-American law?
8. Explain the term “stare decisis”.
9. Which are the two parts of a judgement in common law? Which of them produces a
precedent?
10. With the law of equity being a primary source of Anglo-American law, what is equity?
(OPTIONAL: Do you happen to know the modern-totally different-meaning of
“equity”?)
2-
CLASSIFICATION OF LAW
branch of law, breach of law, plaintiff, defendant, prosecutor, damage, award damages,
punishment, compensation, criminal/civil proceedings, balance of probabilities, beyond all
reasonable doubt, substantive/procedural law
1.
2.
3.
4.
5.
6.
7.
What is public/private law concerned with?
Which are the principal branches of public/private law?
What does civil law deal with?
What is criminal law concerned with?
Explain the term “liability”.
Which courts hear civil/criminal cases in the UK?
Which is the highest court of appeal in the UK? Which institution served this purpose
until 2009?
8. Which are the standards of proof in civil/criminal proceedings?
9. What is the main purpose/goal of civil/criminal proceedings?
10. Define substantive/procedural law.
3 – LEGISLATION
legislator, primary vs. secondary/delegated legislation, legislator, Bill, Act, Private Bill, Public
General Bill, Private Member’s Bill, introduce a bill, enact, Parliament, Congress, chambers,
government, Royal Assent, Statutory Instrument, by-law, Order in Council, Simple
Resolution, Joint/Concurrent Resolution, sign/veto a bill, override a veto
1.
2.
3.
4.
5.
6.
What is legislation?
Who is the ultimate legislator in the UK?
What is the difference between public and private bills?
Describe the legislative process (i.e. the passage of a bill) in the UK.
Who signs bills into law in the UK? By which act?
What is secondary/delegated legislation? Who is it passed by? Which types of
secondary legislation do you know?
7. Who is the ultimate legislator in the US?
8. Which basic types of legislation are considered by it? Give their Czech equivalents.
9. Who signs bills into law in the US?
10. May his veto be overridden? If so, by whom and how?
4-
CONSTITUTIONAL LAW
separation of powers, fundamental law, constitutional, unconstitutional, amendment,
monarch, government, speedy trial, abuse power, impeachment, the Bill of Rights, rights and
freedoms, statutes, conventions, common law, international law, judicial decisions
1. What does constitutional law deal with?
2. What is a constitution?
3. May a constitution be changed in any way? If so, what are such “changes” called?
4. Is the British Constitution written?
5. Which sources is it derived from?
6. What are the express and residuary powers in relation to the U.S. Constitution?
7. When was the U.S. Constitution adopted?
8. What is the Bill of Rights?
9. Which are the three branches of state power?
10. Explain the system of checks and balances.
5 - THE EXECUTIVE BRANCH
monarch, queen, Cabinet, Prime Minister, government ministers, hereditary, succession,
summon, suspend and dissolve Parliament, Royal Assent, extend pardons and clemencies,
term of office, high treason, hung parliament, be vested in
1.
2.
3.
4.
Explain the term monarchy, its aspects and its role in the history of Britain.
Who is the current monarch? How long has he/she been on the throne?
Which are the powers of the reigning British monarch?
How many ministers do most British governments have? What is its essential core
and how many ministers does it include?
5. Who is the current British Prime Minister? Which type of government is he the head
of, and why?
6. Who is the power of the U.S. Executive Branch vested in? What are his powers? Who
currently holds this post?
7. Which are the three qualifications for this post?
8. Explain the term “line of succession” in relation to this post.
9. How many members does the U.S. Cabinet have? Who are they appointed by?
10. How are “ministers” and “ministries” termed in the U.S.? (There is one exception to
this rule. Which is it?)
6 - THE LEGISLATIVE AND THE JUDICIAL BRANCHES
Parliament, two-chamber system, House of Commons, House of Lords, checks and balances,
scrutiny, Speaker of the House, MP, life peer, hereditary peer, bishop, archbishop, Congress,
Congressman, Senator, majority system
1.
2.
3.
4.
Which are some of the tasks of the UK Parliament?
Who are the members of the lower and the upper chamber of the UK Parliament?
What is the difference between hereditary and life peers?
Which two chambers does U.S. Congress consist of? How many members does each
have? What are the “chairmen” of each chamber termed?
5. Which are the conditions for becoming a member of its lower chamber?
6. Explain “staggered term of office” in relation to the upper chamber of U.S. Congress.
How are its members elected?
7. Describe the court system in the UK.
8. Which is the highest UK court of appeal, and since when?
9. What is the difference between barristers and solicitors?
10. Describe the system of the U.S. federal courts.
7 - ELECTIONS
elect, vote, electorate, elector, franchise, qualified voter, naturalization, eligible, electoral
register, referendum, postal voting, voting by proxy, ballot paper, polling station, polling
booth, campaigning, Electoral College, primary elections
1. What are elections?
2. Describe the process of naturalization. Which conditions must a person fulfil in order
to be naturalized in the U.S.?
3. Who is a qualified voter in the U.S. and in the UK?
4. What is a referendum? (Which is a synonym for referendum?)
5. Which possibilities does a voter have if he or she is unable to get to the polling
station?
6. Describe a polling day in the UK.
7. Who do U.S. citizens elect, and how?
8. Which are the two main political parties in the U.S.?
9. How does the population (=number of citizens) of each U.S. state influence the
Presidential election?
10. When does the U.S. Presidential election take place? How often is it held?
8 - PROPERTY LAW
property/thing, tangible/intangible property, perceive by the senses, right in rem, right in
personam, movables, immovables, real/personal property, fixture, gift, mortgage,
ownership, possession, lease, compulsory acquisition
1. What is property?
2. What is the difference between tangible and intangible property?
3. What is the difference between real property and personal property?
4. Which are the Civil Law equivalents of tangible/intangible, real/personal property?
5. Which interests in land do you know?
6. How may things be divided according to their owner?
7. What is ownership?
8. What is possession?
9. In which cases may compulsory acquisition occur?
10. Which are common examples of legal possession?
9 - INTELLECTUAL PROPERTY
industrial property rights, copyright, original work, design, patent holder, invention,
exclude, sign, territorial right, distinctive, geographical indication, trade mark, service
mark, royalties, misrepresentation, infringement
1.
2.
3.
4.
What is intellectual property?
Do authors have to apply for copyright? Why/why not?
What is the copyright symbol? Is it obligatory?
Which conditions must a patent fulfil in order to be patentable? Who grants a
patent?
5. What is the function of a trade mark?
6. What is a design?
7. Which products typically have a geographical indication?
8. What do plant breeder’s rights protect?
9. How can intellectual property rights be enforced?
10. In which ways may intellectual property be infringed?
10 - CONTRACTS
obligation, mutual agreement, contractual parties, terms of a contract, consideration,
condition precedent, misrepresentation, implied contract, unilateral contract, offeror,
nullity, legal capacity, executed contract, performance, verbally, breach, frustration,
novation, accord and satisfaction
1. Which branch of law covers contract law? What is a contract?
2. Which steps must be taken to form a contract?
3. Which types of contracts do you know?
4. How do you divide contracts according to the number of promises?
5. In a condition subsequent, does the condition terminate or initiate the performance?
6. What is the difference between an executory and an executed contract?
7. Explain the terms void/voidable/unenforceable, express/implied contract.
8. How do discharge by breach and discharge by frustration differ?
9. What happens if one of the contractual parties is replaced by another?
10. What happens if one party breaches the contract? Which rights does the nonbreaching party have?
11. What is accord and satisfaction?
11 - FAMILY LAW
family, divorce, adoption, immediate family, lawful impediments, bride, wedding, spouse,
marriage, cohabitee, separate property, wedlock, succession rights, foster parent, child
custody, defective, contested/uncontested divorce. legitimate child, noncustodial parent
1. What is family law concerned with?
2. What types of relationship may a family be bound by?
3. What is common law marriage? What is its current equivalent?
4. Which requirements must people fulfil to enter into a marriage?
5. What is the difference between a void and voidable marriage?
6. Who does community property belong to?
7. How may a marriage be terminated?
8. When is a child considered legitimate?
9. Explain the difference between adoption and foster care.
10. Which types of child custody do you know? Who is it usually awarded to, and by
whom? Which rights does the noncustodial parent have?
12 - THE LAW OF TORTS
tort, uncodified, liability, damage, damages, tortfeasor, intentional, negligent, battery,
assault, Act of God, public nuisance, mental distress, a priori/a posteriori, strict liability,
defences in tort, victim, potential plaintiff, inevitable accident, defamation, trespass
1. What do you know about tort law?
2. What is the difference between a tort, a crime and a breach of contract?
3. Who are the parties to a tort action?
4. How may you commit trespass to land?
5. What is the difference between a battery and an assault?
6. Which elements have to be proven to win a negligence action?
7. Which general defences in tort do you know?
8. Which types of defamation do you know?
9. What is the difference between damage and damages?
10. What is the difference between public and private nuisance?
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