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Pravni fakultet Univerziteta u Kragujevcu

ENGLESKI JEZIK I

IZBOR TEKSTOVA

Ova skripta sa izabranim tekstovima je namenjena studentima Pravnog

aku!teta u Kragujev"u koji eng!eski jezik s!usaju kao jedan od ponudjeni#

strani# jezika$ a ve" raspo!azu sa izvesnim znanjem ovog jezika$ ste"enim u

pret#odnom srednjosko!skom obrazovanju% Ona treba da pomognestudentima da predju sa redovni#$ opsteobrazovni# udzbenika Eng!eskog

jezika$ na tekstove sa pravnom termino!ogijom$ kao i da pruzi studentima

opste inorma"ije o pravnim sistemima i institu"ijama eng!eskog govornog

podru"ja%

O!ivera &jordjevi" 'ijatovi"$ predmetni nastavnik

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What is meant by law?

Law is a systemof rules, usually enforced through a set of institutions. It

shapes politics, economics and societyin numerous ways and serves as a

primary social mediator of relations between people. Writing in 350 B, the

!ree"philosopher #ristotledeclared, $%he rule of lawis better than the rule

of any individual.$

Legal systems elaborate rights and responsibilities in a variety of ways.

&istorically, a general distinction can be made between civil law

'urisdictions, which codify their laws, and common law systems, where'udges practically ma"e law through precedents. In some countries, religion

still governs the law. Law provides a rich source of scholarly in(uiry, into

legal history, philosophy, economic analysis or sociology. Law also raises

important and comple) issues concerning e(uality, fairness and'ustice. In a

typical democracy, the central institutions for interpreting and creating law

are the three main branches of government, namely an impartial'udiciary, a

democratic legislature, and an accountable e)ecutive. %o implement and

enforce the law and provide services to the public, a government*s

administration, police and military are vital.

In general, legal systems can be split between civil law and common law

systems. %he term $civil law$ referring to a legal system should not be

confused with $civil law$ as a group of legal sub'ects distinct from criminal

law. # third type of legal system+still accepted by some countries without

separation of church and state+is religious law. %he specific system that a

country is ruled by is often determined by its history, connections with other

countries, or its adherence to international standards. %he sources that

'urisdictions adopt as authoritatively binding are the defining features of any

legal system. et classification is a matter of form rather than substance,since similar rules often prevail.

Civil law

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ivil law is the legal system used in most countries around the world today.

In civil law the sources recognised as authoritative are, primarily, legislation

+especially codificationsin constitutionsor statutespassed by government.

odifications date bac" millennia, with one early e)ample being the

Babylonianode) &ammurabi.

-odern civil law systems essentially derive from the legal practice of the

oman /mpirewhose te)ts were rediscovered in medieval/urope. oman

law in the days of the oman epublicand /mpire was heavily procedural,

and lac"ed a professional legal class. Instead of an advocate person, iude(,

was chosen to ad'udicate. recedents were not reported, so any case law that

developed remained unrecognised. /ach case was to be decided afresh from

the laws of the state, which mirrors the unimportance of 'udges* decisions

for future cases in civil law systems today.

1uring the 2th century #1 in the /astern oman /mpire, the /mperor

ustinian Icodified and consolidated the laws that had e)isted in ome. #s

one legal historian wrote, $ustinian consciously loo"ed bac" to the golden

age of oman law and aimed to restore it to the pea" it had reached three

centuries before.$ Western /urope, meanwhile, slowly slipped into the 1ar"

#ges, and it was not until the 44th century that scholars in the niversity of

Bolognarediscovered the te)ts and used them to interpret their own laws.

ivil law codifications based closely on oman law, alongside some

influences from religious laws such as anon law, continued to spread

throughout /urope until the /nlightenment6 then, in the 47th century, both

8rance, with the ode ivil, and !ermany, with the B9rgerliches

!eset:buch, modernised their legal codes. Both these codes influenced

heavily not only the law systems of the countries in continental /urope, but

also the apaneseand ;oreanlegal traditions. %oday countries that have civil

law systems range from ussia and hina to most of entral and Latin

#merica.

Common law and equity

ommon law and e(uity are legal systems where decisions by courts are

e)plicitly ac"nowledged to be legal sources. %he $doctrine of precedent$, or

stare de"isis

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/ngland and has been inherited by almost every country once tied to the

British /mpirecotland, the .>. state of Louisiana, and the

anadian province of ?uebec=.

In medieval /ngland, the@orman con(uestled to a unification of various

tribal customs and hence a law $common$ to the whole country. erhaps

influenced by Islamic legal practicesaround the time of the rusades, the

common law developed when the /nglish monarchy had been wea"ened by

the enormous cost of fighting for control over large parts of 8rance. ;ing

ohnhad been forced by his barons to sign a document limiting his authority

to pass laws. %his $great charter$ or'agna )artaof 4A45 also re(uired that

the ;ing*s 'udges hold their courts and 'udgments at $a certain place$ rather

than dispensing autocratic 'ustice in unpredictable places around the country.

# concentrated and elite group of 'udges ac(uired a dominant role in law

ma"ing under this system, and compared to its /uropean counterparts the/nglish 'udiciary became highly centralised. In 4A7C, for instance, while the

highest court in 8rance had fiftyone 'udges, the /nglish ourt of ommon

leashad five.

%his powerful and tight"nit 'udiciary gave rise to a rigid and infle)ible

system of common law. #s a result, as time went on, increasing numbers of

citi:ens petitioned the ;ing to override the common law, and on the ;ing*s

behalf the Lord hancellorgave 'udgment to do what was e(uitable in a

case. 8rom the time of >ir %homas -ore, the first lawyer to be appointed as

Lord hancellor, a systematic body of e(uity grew up alongside the rigidcommon law, and developed its own ourt of hancery. #t first, e(uity was

often criticised as erratic, that it varied according to the the hancellorDs

will. But over time, it developed solid principles, especially under Lord

/ldon. In the 47th century the two systems were fused into one another.

The institutions for law interpreting and creating

%he central institutions for interpreting and creating law are the three main

branches of governmentEjudiciary, legislatureand executive.

Judiciary

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# 'udiciary includes judgesmediating disputes to determine outcome. -ost

countries have systems of appealcourts, answering up to a supreme

legal authority. In the nited >tates, this is the Supreme Court, in

#ustralia, the igh Court6 in the ;, the ouse of !ords6 in 8rance

the Cour de Cassation. 8or most /uropean countries the /uropean

ourt of ustice in Lu)embourg can overrule national law, when /

law is relevant. %he /uropean ourt of &uman ights in >trasbourg

allows citi:ens of the Council of "urope member states to bring

cases relating to human rights issues before it. # 'udiciary is

theoretically bound by the constitution, but in most countries 'udges

may only interpret the constitution and all other laws. But in

common law countries, where matters are not constitutional, the

'udiciary may also create law under the doctrine of precedent.

!egislature

rominent e)amples of legislatures are the &ouses of arliamentin London,

the ongress in Washington 1.., the Bundestag in Berlin, the 1uma in

-oscow, the arlamento Italianoin ome and theAssemb!*e nationa!e in

aris. By the principle of representative government people vote for

politicians to carry out their wishes. #lthough countries li"e Israel, !reece,

>weden and hina are unicameral, most countries are bicameral, meaning

they have two separately appointed legislative houses. In the *lower house*

politicians are elected to represent smaller constituencies. %he *upper house*

is usually elected to represent states in a federal system tates= or different voting configuration in a unitary

system

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%he e)ecutive in a legal system serve as a government*s centre of political

authority. In aparliamentary system, as with Britain, Italy, !ermany, India,

and apan, the e)ecutive is "nown as the cabinet, and composed of members

of the legislature. %he e)ecutive is chosen by the rime -inister or

hancellor, whose office holds power under the confidence of the

legislature. Because popular elections appoint political parties to govern, the

leader of a party can change in between elections. %he head of stateis apart

from the e)ecutive, and heGshe usually lac"s formal political power yet

symbolically enacts laws and acts as representative of the nation. /)amples

include the !erman president

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Legislative branch

%he nited >tates ongress is the legislative branch of the federal

government. It is bicameral, comprising the &ouse of epresentatives and

the >enate. &ouse seats enators, regardless of

population. %here are a total of 400 senators enate must give $advice and

consent$ to many important residential appointments, and the &ouse must

introduce any bills for the purpose of raising revenue. %he consent of both

chambers is re(uired to pass any legislation, which then may only become

law by being signed by the resident6 if the resident vetoes such

legislation, however, both houses of ongress must then repass the

legislation, but by a twothirds ma'orityof each chamber, in order to ma"esuch legislation law without the need for the resident*s signature. %he

powers of ongress are limited to those enumerated in the onstitution6 all

other powers are reserved to the states and the people. %he onstitution does

not specifically call for the establishment of ongressional committees. #s

the nation grew, however, so did the need for investigating pending

legislation more thoroughly. urrently there are 47 standing committees in

the &ouse and 4C in the >enate, plus J 'oint permanent committees with

members from both houses. In addition, each house can name special, or

select, committees to study specific problems. Because of an increase inwor"load, the standing committees have also spawned some 450

subcommittees. %he nited >tates apitol is the seat of government for

ongress.

Judicial branch

%he >upreme ourt is the highest court in the federal court system. %he

court deals with matters pertaining to the federal government, disputes

between states, and interpretation of the nited >tates onstitution, and can

declare legislation or e)ecutive action made at any level of the governmentas unconstitutional, nullifying the law and creatingprecedentfor future law

and decisions. Below the >upreme ourt are the courts of appeals, and

below them in turn are the district courts, which are the general trial courts

for federal law. >eparate from, but not entirely independent of, this federal

court system are the individual court systems of each state, each dealing

with its own laws and having its own court rules and procedures.

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%he supreme court of each stateis the final authority on the interpretation of

that state*s laws and constitution. # case may be appealed from a state court

to the .>. >upreme ourt only if there is a federal (uestion. onstitution, or lawsGtreaties of the nited >tates=. %he

relationship between federal and state laws is e)tremely comple) and

confusing as a result of the uni(ue nature of #merican federalism. %ogether

the laws of the federal and state governments form .>. law.

%he federal 'udiciary consists of the .>. >upreme ourt, whose 'ustices are

appointed for life by the resident and confirmed by the >enate, and various

$lower$ or $inferior courts,$ among which are the courts of appeals and

district courts. %he .>. district courts are the $trial courts$ where cases are

filed and decided. %he nited >tates courts of appeals are $appellate courts$

that hear appeals of cases decided by the district courts.

%he onstitution safeguards 'udicial independence by providing that federal

'udges shall hold office $during good behaviour$6 in practice, this usually

means they serve until they die, retire, or resign. # 'udge who commits an

offence while in office may be impeachedin the same way as the resident

or other officials of the federal government. .>. 'udges are appointed by the

resident, sub'ect to confirmation by the >enate. #nother onstitutional

provision prohibits ongress from reducing the pay of any 'udge. ongress

is able to set a lower salary for all future 'udges that ta"e office after the

reduction, but may not decrease the rate of pay for 'udges already in office.

Executive branch

%he e)ecutive power in the federal government is vested in the resident of

the nited >tates, although power is often delegated to the Cabinet

members and other officials.

er &ajesty's $overnment

&er -a'esty*s !overnment is the governmentof the nited ;ingdom. nder

the onstitution of the nited ;ingdom, e)ecutive authoritynotionally lieswith the monarchbut is e)ercised in practice by her ministers. &er -a'esty*s

!overnment is the collective name for these ministers, and it is effectively

an e)ecutive authority for the ;.

%he government is led by the rime -inister, who is appointed by the

monarch to command a ma'ority in the &ouse of ommons. %he rime

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-inister is based at 40 1owning >treet, which along with most government

departments, is located in Westminster. In practice, the rime -inister

selects the other members of the government and their appointment is

confirmed by the ?ueen. %he rime -inister and abinet are collectively

accountablefor their policies and actions to the monarchand to arliament.

The (arliamnet of the %nited )ingdom of $reat and *orthern +reland

%he arliament of the nited ;ingdom of !reat Britain and @orthern

Ireland is the supreme legislative bodyin the nited ;ingdomand British

overseas territories. It alone hasparliamentary sovereignty, conferring upon

it ultimate power over all other political bodies in the ; and its territories.

#t its head is the >overeign, ?ueen /li:abeth II.

%heparliament isbicameral, with an upper house, the &ouse of Lords, anda lower house, the &ouse of ommons. %he ?ueen is the third component of

the legislature. %he &ouse of Lords includes two different types of membersE

the Lords >piritual

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nder the ; system the !overnment is re(uired by convention and for

practical reasons to maintain the confidence of the &ouse of ommons. It

re(uires the support of the &ouse of ommons for budget bills and in order

to pass primary legislation. By convention if a government loses the

confidence of the &ouse of ommons it must either resign or a !eneral

/lectionis held. %he support of the Lords, while useful to the government in

getting its legislation passed without delay, is not vital. # government is not

re(uired to resign even if it loses the confidence of the Lords and is defeated

in "ey votes in that &ouse. %he &ouse of ommons is so the responsible

&ouse. ommittees of both the &ouse of ommons and &ouse of Lords

hold the government to account, scrutini:e its wor" and e)amine in detail

proposals for legislation.

%he British -onarch, currently ?ueen /li:abeth II, is the hief of >tate of

the nited ;ingdom. %he ?ueen ta"es little direct part in government, andmust remain strictly neutral in political affairs. &owever, the legal authority

"nown as the rownremains the source of the e)ecutive power used by the

!overnment. %hese powers are "nown as oyal rerogativeand can be used

for a vast number of things, such as the issue or withdrawal of passports, to

the dismissal of the rime -inister or even the 1eclaration of War. %he

powers are delegated from the -onarch personally, in the name of the

rown, and can be handed to various ministers, or other Ffficers of the

rown, and can purposely bypass the consent of arliament. %he head of

&er -a'estyDs !overnment, the rime -inister, also has wee"ly meetings

with the sovereign, where she may

!egal profession

/ducational prere(uisites to becoming a lawyer vary greatly from country to

country. In some countries, law is taught by a faculty of law, which is a

department of a university*s general undergraduate college. Law students in

those countries pursue a -aster or Bachelor of Laws degree. In some

countries it is common or even re(uired for students to earn another

bachelor*s degree at the same time. %he bachelor degree is often followed bya series of advanced e)aminations, apprenticeships, and additional

coursewor" at special government institutes.

In other countries, particularly the nited >tates, law is primarily taught at

law schools. In the nited >tates and countries following the #merican

model, law schools are graduateGprofessional schools where a bachelor*s

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degree is a prere(uisite for admission. -ost law schools are part of

universities but a few are independent institutions. Law schools in the

nited >tates

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because each country has traditionally had its own peculiar method of

dividing up legal wor" among all its different types of legal professionals.

@otably, /ngland, the mother of the common law 'urisdictions, emerged

from the 1ar" #geswith similar comple)ity in its legal professions, but then

evolved by the 47th century to a single dichotomy between barristers and

solicitors. #rguing a client*s case before a'udgeor'uryin a court of law is

the traditional province of the barrister in /ngland, and of advocates in some

civil law 'urisdictions. &owever, the boundary between barristers and

solicitors has evolved. In /ngland today, the barrister monopoly covers only

appellate courts, and barristers must compete directly with solicitors in many

trial courts. In countries li"e the nited >tates that have fused legal

professions, there are trial lawyerswho speciali:e in trying cases in court,

but trial lawyers do not have a de juremonopoly li"e barristers.

,esearch and drafting of court papers is also one of the main lawyers-

roles. Fften, lawyers brief a court in writing on the issues in a case

before the issues can be orally argued. %hey may have to perform

e)tensive research into relevant facts and law while drafting legal

papers and preparing for oral argument. In /ngland, the usual division

of labour is that a solicitor will obtain the facts of the case from the

client and then brief a barrister

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contemplated or is in progress. In others, everone with a law degree may

provide legal counseling.

In some 'urisdictions, either the 'udiciary or the -inistry of ustice directly

supervises the admission, licensing, and regulation of lawyers. Fther

'urisdictions, by statute, tradition, or court order, have granted such powers

to a professional association which all lawyers must belong to. In the .>.,

such associations are "nown as mandatory, integrated, or unified bar

associations.

In the nited >tates, admission to the bar is permission granted by a

particular court system to a lawyertopractice lawin that system. /ach .>.

statesets its own rules for bar admission, as a result of the separate

sovereigntyof the states and their respective court systems as guaranteed by

the %enth #mendment to the nited >tates onstitution. In practice, thisleads to different standards among states as to how bar admission wor"s.

Because each state has its ownbar, a lawyer who is admitted to practice in

one state is not automatically allowed to practice in another. >ome states

have reciprocal agreementsthat allow attorneys from other states to practice

without sitting for another full bar e)am.

/ifferent 0ranches of !aw

Law is said to be the ultimate science. Law "eeps societies functioning and

in order. It is one of the most basic social institutions of society and without

it society would destroy itself. Laws tell the members and governors of

society about the manner in which they must act. %hese rules are enforced

by police forces. Laws can be changed by popular demand or by the

government. Lawyers and 'udges interpret the law and they*re duty is to act

as an intermediary between the people and the law. >o, you can see that law

is a very comple) and arduous issue, and in order to understand it and

pursue further specialties, it has been divided into several branches.

Criminal law vs Civil law

http://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Practice_of_lawhttp://en.wikipedia.org/wiki/U.S._statehttp://en.wikipedia.org/wiki/U.S._statehttp://en.wikipedia.org/wiki/Sovereigntyhttp://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitutionhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/wiki/Admission_on_motionhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Practice_of_lawhttp://en.wikipedia.org/wiki/U.S._statehttp://en.wikipedia.org/wiki/U.S._statehttp://en.wikipedia.org/wiki/Sovereigntyhttp://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitutionhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/wiki/Admission_on_motion

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ivil law and criminal law are two broad and separate entities of law with

separate sets of laws and punishments.

#ccording to William !eldart,Introdu"tion to Eng!is# ,a-, H%he difference

between civil law and criminal law turns on the difference between two

different ob'ects which law see"s to pursue redress or punishment.

In civil law, a private party

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%he branches of public law are as followsE

4. riminal LawE deals with crimes. %hese crimes can range from theft to

murder. %he laws under this section define the offences, states the rules of

arrest, and the possible punishments. In most countries laws are defined by

the constitution and the central or federal government. &owever in some

countries li"e the nited >tates, states have their own laws as well.

A. onstitutional LawE defines the rules and code of conduct for the

government and its various departments. It also states the most basic rights

of the people. %hese rights such as freedom of speech and freedom of

religion are guaranteed to all citi:ens of that country. %hese rights are upheld

by the courts throughout the country.

3. #dministrative LawE governs the operations of government agencies.%hese are the agencies that regulate various aspects of our lives li"e ban"ing,

communications and trade. It also includes social welfare programs, social

security and insurance.

J. International LawE %his law is meant to ma"e dealings among nations

easier. %his law is more li"e protocol and is very hard to enforce.

%he branches of private law are as followsE

4. ontract and ommercial LawE %hese laws deal solely with matters thatinvolve contracts among people. By definition a contract is a legal

agreement among persons or people. ontracts are needed in order to carry

out daily business. 1isputes arising from contracts are dealt with under this

section of the law.

A. %ort LawE %hese laws deal with in'uries caused to a person by other

individuals or companies. %his includes the illegal use of a person*s property

such as his or her name.

3. roperty LawE #s the heading suggests this section deals with theownership and use of property. %his property could anything from a building

to a car.

J. Inheritance or >uccession LawE %hese deal with the rights of inheritance

of property. %hese laws are different in all countries.

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5. 8amily LawE %hese govern the legal aspect of the family, such as the rules

of adoption, marriage, divorce and child support.

2. orporate LawE deals with business and stoc"holders. %his branch is often

classed together with contract and commercial law as business law.

#ll these go hand in hand and wor" simultaneously to enable the smooth

functioning of society. eople who brea" these laws are dealt with

accordingly, and this is what "eeps our society wor"ing.

Substantive !aw vs (rocedural !aw

>ubstantive law is a statutory law that deals with the legal relationship

between people or the people and the state. %herefore, substantive law

defines the rights and duties of the people, but procedural law lays down the

rules with the help of which they are enforced.

rocedural law comprises the set of rules that govern the proceedings of the

court in criminal lawsuits as well as civil and administrative proceedings.

%he court needs to conform to the standards setup by procedural law, while

during the proceedings. %hese rules ensure fair practice and consistency in

the $due process$.

%o concludeE substantive is the statutoryor written law that defines rights

and duties, such as crimes and punishments ubstantive law stands in contrast to

procedural law, which is the $machinery$ for enforcing those rights and

duties. rocedural law comprises the rules by which a court hears and

determines what happens in civil or criminalproceedings, as well as the

method and means by which substantive law is made and administered.

&owever, the way to this clear differentiation between substantive law and,

serving the substantive law, procedural law has been long, since in theoman civil procedure the a"tio included both substantive and procedural

elements.

http://www.diffen.com/difference/Common_Law_vs_Statutory_Lawhttp://en.wikipedia.org/wiki/Due_processhttp://en.wikipedia.org/wiki/Statutory_lawhttp://en.wikipedia.org/wiki/Private_lawhttp://en.wikipedia.org/wiki/Procedural_lawhttp://en.wikipedia.org/wiki/Civil_procedurehttp://en.wikipedia.org/wiki/Criminal_procedurehttp://www.diffen.com/difference/Common_Law_vs_Statutory_Lawhttp://en.wikipedia.org/wiki/Due_processhttp://en.wikipedia.org/wiki/Statutory_lawhttp://en.wikipedia.org/wiki/Private_lawhttp://en.wikipedia.org/wiki/Procedural_lawhttp://en.wikipedia.org/wiki/Civil_procedurehttp://en.wikipedia.org/wiki/Criminal_procedure

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