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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.
Customs, rulings, jury…
Based on Roman law (rules of
emperor Justinian in particular). The
Enlightenment led to production of
comprehensive legal codes.
Countries
Former English colonies (Australia,
India, Canada, USA)
European countries and former
French, Dutch, German, Spanish and
Portuguese colonies
Equity (=fairness) is an important feature of English law and has developed as a way of dealing with the inflexibility of the
legal system. This rule of law became known as the doctrine of equity and provides various ways of compensating for loss
(remedy). The court administering equity was called The Court of Chancery. In conflict (between common law and equity)
equity prevailed. Nowadays we speak about “equitable remedies” (specific performance, injunction).