Lesson 01 - Introduction to Law and Sources of Law
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3. The court administering equity was called __________________________________ .
4. For centuries, equity and common law existed side by side. If in conflict, ___________________ prevailed.
5. Even now, we speak about equitable remedies, e.g. _____________________ or ______________________________.
12. Revision - correct the mistakes: the words in bold are mixed up, put them to the right places.
A judicial decisis refers to a decision of the court used as a source for future Chancery to follow in cases where the facts are the same. This is known as “stare judges” which can be translated from Latin as “to stand by what has been decided”.
Source means the body of rules which was formulated and administered by the Court of common to supplement the rules and procedure of the common law.
While civil law is mainly based on the idea of precedent, equity law is based on legislation as the principal precedent of law.
III. LEGISLATION
1. Read the text, underline useful vocabulary and find information about
types of legislation
process of passing an act
structure of acts
Even though the Anglo-American legal system is based on common law, nowadays legislation plays the most important part in law-making as it has always played in civil law countries. Many statutes are now in a form of codification of certain areas of law, e.g. the law concerning theft can now be found in the form of the Act on Theft. There is a similar trend in the USA where various uniform laws designed to eliminate differences in law among various states can be seen such as the Uniform Commercial Code.
Legislation, in general, may be divided into two strands, primary and secondary ones. The primary legislation is made by the supreme legislative body, called differently in various countries, Parliament being the most frequent designation. In Britain, laws falling within the scope of the primary legislation are broken down into public and private or local ones. The former apply to the entire community whereas the latter to a particular individual or group of individual. The secondary legislation, also called delegated legislation as the primary law-making body transfers the power to make laws to a subordinated one, is made by, e.g. ministries in the form of statutory instruments, or local authorities, in the form of by-laws (called ordinances in the USA).
A proposal for a statute is called a bill before being passed when it becomes an Act of Parliament which comes into effect after the royal assent or President’s signature is given or when it has its own starting date. In Britain an Act of Parliament is divided into a heading setting out the aim of the Act followed by parts that are divided into sections, subsections and paragraphs. On the other hand, American federal legislation and treaties and directives of the European Union are broken down into articles rather than sections.
2. Which English words for “zákon” do you know? Which expression is used in which situation? Which word is used in the title of a law? Recall the names of the laws from the previous tasks and translate them into Czech.