Lesson 02 - Division of Law

I Division of Law

1. Read the following introductory text and compare:

• private and public law

• civil and criminal law

• substantive and procedural law

Law in general is divided into two broad and separate branches, traditionally called private and public. Private law deals with relationships between individuals, such as contracts (in common law) or the law of obligations (in civil law countries). Public law is concerned with the relationship between individuals (both natural persons and artificial legal persons) and the state and includes criminal law, administrative law and constitutional law.

The most prominent areas of these two branches are civil law and criminal law, respectively, as each of them pursues completely different objects, namely, redress and punishment. Civil law seeks to redress wrongs by enforcing compensation or restitution. Criminal law, on the contrary, imposes punishment on the wrongdoer fulfilling the aims of retribution, deterrence and, possibly, reformation. Both the types of law are also sub-divided into substantive law and procedural (or adjective) law, the former defining rights and duties of people, the latter laying down the rules with the help of which the rights and duties are enforced.

2. Listen to the differences between private and public law and write down definitions of the branches that the speaker mentions.

3. Practicing definitions

A) There are more ways to define the same terms. Read the following extracts from definitions, translate the Czech words into English (the first letters are given) and match the branches to their correct definitions:

Law of Torts Law of Contracts Law of Probate Family Law

1. ___________________________ can be defined as the branch of law governing the creation, variation, enforcement, and annulment of legally binding a______________ (dohody) between persons

2. ___________________________ could be understood as the body of law concerned with c______________ (odškodnění) the victims of civil wrongs independent of contract

3. ___________________________ could be defined as the body of law relating to marriage, separation, d______________ (rozvod) and the custody of children

4. ___________________________ is the area of law dealing with arrangements relating to the validity of w_______________ (závěti) and the administration of estates after the owner's death.

B) Complete the definitions by arranging the words in the brackets into the correct order:

5. Administrative law could be defined as the body of law that governs the activities of ……………. . ……………………………………………………………………… (of/agencies/government/administrative)

6. Land law is the area of law which deals with rights and interests …………………………………………….

……………………………………………………………… (owning/related/and/to/using/assets/immovable)

7. Law of trusts may be defined as the area of law dealing with arrangements whereby property is held by one party …………………………………………………………………………. (benefit/the/of/another/for)