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A N G L I Č T I N A P R O P R Á V N Í K Y
- ZÁVĚREČNÁ ZKOUŠKA -
1 - INTRODUCTION TO LAW & SOURCES OF LAW
INTRODUCTION TO LAW
Descriptive law describes how something behaves (laws of gravitation), whereas prescriptive law prescribes how people
should behave (speed limit).
Informal rules are the rules of the society (we may face criticism or throwing objects by disobeying them), more formal are
the rules of institutions (suspension, expulsion) and formal laws are formed by the state and disobeying leads to an action.
The civil legal action is brought by the party harmed, which seeks damages (financial compensation). When the criminal
legal action is brought, the prosecution is led by the state and may result into some kind of punishment (imprisonment or
fine).
We need law to resolve disputes, ensure peaceful society, respect human rights and ensure equality.
Law can be defined as a system of rules of behaviour, which regulate relationships in society, and can be enforced by the
state bodies.
law (objektivní právo) x a right (subjektivní právo)
a law/a statute/an act (zákon)
SOURCES OF LAW: COMMON LAW AND CIVIL LAW
Common law
Civil law
Sources of law
Judicial rulings (precedents)
Stare decisis doctrine
+ statutes (complementary)
Codes
Statutes
Legislation
Role of judge
Creates law
Arbiter between parties
Applies law
Investigator on the case
Advantages
More flexible (it is easier to adapt to
new circumstances).
More stable and fair (laws are stated
explicitly and are easier to recognize).
History + typical features
After 1066: Unification of the laws
and creation of the common law by
the King’s court.