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Introduction to LawIntroduction to Law

Introduction to Law – Part 1Introduction to Law – Part 1

(Categories and Sources of (Categories and Sources of Law)Law)

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LEARNING OUTCOMESLEARNING OUTCOMES Module syllabusModule syllabus Course assessmentCourse assessment Proposed exam formatProposed exam format Introduction to lawIntroduction to law

– Categories of lawCategories of law– Sources of lawSources of law

Reading and assignments for Week 1Reading and assignments for Week 1

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Contact InformationContact Information

Daniel O’ConnellDaniel O’Connell icbdaniel@hotmail.comicbdaniel@hotmail.com Mobile: 13381376347Mobile: 13381376347

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Course learning outcomesCourse learning outcomes Analyze a dispute between an employer and Analyze a dispute between an employer and

an employee and identify the legal issues it an employee and identify the legal issues it raisesraises

Identify the legal sources of the principles Identify the legal sources of the principles relevant to the disputerelevant to the dispute

Describe the principles relevant to the disputeDescribe the principles relevant to the dispute Apply the relevant principles to the disputeApply the relevant principles to the dispute Put forward a reasoned solution to the disputePut forward a reasoned solution to the dispute Present the solution to an employer or Present the solution to an employer or

employee, as appropriate, in a suitable formatemployee, as appropriate, in a suitable format

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Learning StrategiesLearning Strategies

LectureLecture CasesCases Review papersReview papers ExamsExams

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Tentative teaching scheduleTentative teaching schedule

According to the According to the module syllabusmodule syllabus Check the website for the module Check the website for the module

syllabussyllabus

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Course AssessmentCourse Assessment

Class attendance/participation Class attendance/participation 10%10% Mid-term examMid-term exam 20%20% CourseworkCoursework 30%30% Final examFinal exam 40%40%

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Learning ObjectivesLearning Objectives

What is law? What is law? Categories of lawCategories of law Sources of LawSources of Law Brief Comparison of England and Brief Comparison of England and

ChinaChina

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What is Law?What is Law?

Law provides rulesLaw provides rules It tells us what we can and cannot doIt tells us what we can and cannot do This is true in our personal lives (eg This is true in our personal lives (eg

criminal law)criminal law) And in our business lives (eg contract And in our business lives (eg contract

law)law) Therefore, it is important for a Therefore, it is important for a

businessperson to know the rules businessperson to know the rules which apply to themwhich apply to them

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What is Law? (cont.)What is Law? (cont.)

However, law is more than just rulesHowever, law is more than just rules Societies require order to allow Societies require order to allow

people to live and deal with each people to live and deal with each otherother

Law is a means of creating and Law is a means of creating and maintaining social ordermaintaining social order

It does this by helping to deal with It does this by helping to deal with arguments and conflictsarguments and conflicts

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What is Law? (cont.)What is Law? (cont.)

Different countries have different Different countries have different forms of law and social orderforms of law and social order

In this module, we shall be looking In this module, we shall be looking at some of the principles of English at some of the principles of English LawLaw

However, many of these principles However, many of these principles can be found in other legal systemscan be found in other legal systems– even if the details are differenteven if the details are different

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Categories of LawCategories of Law

Law is a very large field, and it is Law is a very large field, and it is common to divide it into categoriescommon to divide it into categories

common law and civil lawcommon law and civil law common law and statute lawcommon law and statute law private law and public lawprivate law and public law civil law and criminal law civil law and criminal law

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Common Law and Civil LawCommon Law and Civil Law

A A legal systemlegal system is the way the law is the way the law is structured and operated in a is structured and operated in a countrycountry– England and China have different England and China have different

legal systemslegal systems Common LawCommon Law and and Civil LawCivil Law are are

terms used to describe legal terms used to describe legal systemssystems

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Common LawCommon Law

Common Law is used to describe Common Law is used to describe legal systems based on the English legal systems based on the English legal systemlegal system

These are usually countries which These are usually countries which were once part of the British were once part of the British EmpireEmpire– eg: America, Australia, New Zealandeg: America, Australia, New Zealand

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Civil LawCivil Law

Civil Law is used to describe legal Civil Law is used to describe legal systems which are based on old systems which are based on old Roman Law (from the Roman Empire Roman Law (from the Roman Empire in what is now Italy)in what is now Italy)

eg: France, Germanyeg: France, Germany China is usually classified as a civil China is usually classified as a civil

law system, although it is not based law system, although it is not based on Roman Lawon Roman Law

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Common Law v. Civil LawCommon Law v. Civil Law

Common LawCommon Law Case law and the Case law and the

courts are most courts are most important source important source of lawof law

Civil LawCivil Law Consists of a legal Consists of a legal

code of general code of general principles which is principles which is the source of lawthe source of law

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Common Law and Statute Common Law and Statute LawLaw

Common LawCommon Law is the law and is the law and procedures created by courts (ie procedures created by courts (ie judges)judges)

Statute LawStatute Law is legislation created is legislation created by the governmentby the government– in England, this is Parliament at in England, this is Parliament at

WestminsterWestminster– eg Sale of Goods Act 1979eg Sale of Goods Act 1979– eg Employment Relations Act 1999eg Employment Relations Act 1999

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Common Law v. Statute LawCommon Law v. Statute Law

Since the early 20Since the early 20thth century, most century, most English Law has been created English Law has been created (“enacted”) by statute(“enacted”) by statute– Acts of ParliamentActs of Parliament

However, the courts still have an However, the courts still have an important role to play in deciding important role to play in deciding on the effect of statuteson the effect of statutes

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Private Law and Public LawPrivate Law and Public Law

Private Law and Public Law are Private Law and Public Law are concerned with relationshipsconcerned with relationships

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Private LawPrivate Law

Private Law deals with the Private Law deals with the relationships between ordinary relationships between ordinary people in everyday transactionspeople in everyday transactions

That includes you and me, as well That includes you and me, as well as businesses and companiesas businesses and companies

Private Law includes the law of Private Law includes the law of contract and the law of tortcontract and the law of tort

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Public LawPublic Law

Public Law deals with the Public Law deals with the relationships between government relationships between government organisations and ordinary citizensorganisations and ordinary citizens– also between different government also between different government

organisationsorganisations Public Law includes constitutional Public Law includes constitutional

law, administrative law, and criminal law, administrative law, and criminal lawlaw

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Civil Law and Criminal LawCivil Law and Criminal Law

In this category, “civil law” has a In this category, “civil law” has a different meaning from the different meaning from the Common Law and Civil Law Common Law and Civil Law categorycategory

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Civil LawCivil Law

In this category, civil law deals with In this category, civil law deals with the relationships between individual the relationships between individual citizenscitizens

Its purpose is to settle arguments Its purpose is to settle arguments between individualsbetween individuals

It helps people to find remediesIt helps people to find remedies– it doesn’t really punish peopleit doesn’t really punish people

Civil Law includes all Private Law and Civil Law includes all Private Law and some Public Lawsome Public Law

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Criminal LawCriminal Law

Criminal Law deals with rules created by Criminal Law deals with rules created by the State which forbid certain behaviourthe State which forbid certain behaviour

These are “crimes”These are “crimes” Criminal Law punishes peopleCriminal Law punishes people

– it does not provide remediesit does not provide remedies Criminal Law is usually what people Criminal Law is usually what people

think of when they think about “The think of when they think about “The Law”Law”

Criminal Law is part of Public LawCriminal Law is part of Public Law

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Criminal Law v. Civil LawCriminal Law v. Civil Law

A very important difference A very important difference between criminal law and civil law between criminal law and civil law relates to court casesrelates to court cases

In a criminal case, the prosecutors In a criminal case, the prosecutors (ie the State) must prove their (ie the State) must prove their case case beyond reasonable doubtbeyond reasonable doubt

In a civil case, the parties only In a civil case, the parties only have to prove their case have to prove their case on the on the balance of probabilitiesbalance of probabilities

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Common Law System(based on EnglishSystem)

Common Law

Statute Law

Civil Law

PrivateLaw

Public Law

Criminal Law

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Civil Law System(based on oldRoman EmpireSystem)

Statute Law

Civil Law

PrivateLaw

Public Law

Criminal Law

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Sources of English LawSources of English Law

European UnionEuropean Union Domestic LegislationDomestic Legislation Case LawCase Law

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European UnionEuropean Union

The UK is a member of the The UK is a member of the European UnionEuropean Union

The EU has the power to create The EU has the power to create rules and regulations which apply rules and regulations which apply in its member statesin its member states

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Domestic LegislationDomestic Legislation

Domestic legislation is created by Domestic legislation is created by Parliament at WestminsterParliament at Westminster

It only applies to EnglandIt only applies to England– EU laws apply to all EU membersEU laws apply to all EU members

Domestic legislation is introduced Domestic legislation is introduced by the governmentby the government– currently the Labour Party led by currently the Labour Party led by

Tony BlairTony Blair

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Domestic Legislation (cont.)Domestic Legislation (cont.)

Although we said earlier that the Although we said earlier that the English legal system is a English legal system is a common common lawlaw system, legislation is now the system, legislation is now the main source of law in Englandmain source of law in England

However, the courts are still However, the courts are still important as they help to interpret important as they help to interpret the legislationthe legislation

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Domestic Legislation (cont.)Domestic Legislation (cont.)

Each piece of legislation is an Each piece of legislation is an Act of Act of ParliamentParliament

They are recorded in statute books They are recorded in statute books which anyone can refer towhich anyone can refer to

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Case LawCase Law

Decisions of the courts can help to Decisions of the courts can help to develop and explain the lawdevelop and explain the law

As we will see in the next class, the As we will see in the next class, the decision in one case can influence decision in one case can influence the decision in another case which the decision in another case which comes after itcomes after it

Although legislation can overrule Although legislation can overrule case law, cases law can help to case law, cases law can help to show the practical effect of show the practical effect of legislationlegislation

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Case LawCase Law

The facts and decisions in The facts and decisions in important cases are recorded in important cases are recorded in books called books called law reportslaw reports

Lawyers refer to these when Lawyers refer to these when – they advise their clientsthey advise their clients– they are arguing their client’s case in they are arguing their client’s case in

courtcourt

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ChinaChina

The Chinese legal system has similar The Chinese legal system has similar characteristics to a characteristics to a civil lawcivil law system system

This is partly because in Chinese This is partly because in Chinese history written laws and codes were history written laws and codes were importantimportant– as far back as the Qin Dynastyas far back as the Qin Dynasty

Also partly due to European influences Also partly due to European influences on China in the 19on China in the 19thth and 20 and 20thth centuries centuries

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China (cont.)China (cont.)

The Chinese legal system is distinct The Chinese legal system is distinct from other legal systems, but its from other legal systems, but its structure is similar to civil systems structure is similar to civil systems like France and Germanylike France and Germany

Chinese legal experts view Chinese legal experts view legislation as more important than legislation as more important than case lawcase law

In fact, case law is not considered to In fact, case law is not considered to be a source of law in Chinabe a source of law in China

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China (cont.)China (cont.)

Sources of law in PRCSources of law in PRC Statutes made by the National People’s Statutes made by the National People’s

Congress have the highest authorityCongress have the highest authority– constitutional laws, civil codes, and criminal constitutional laws, civil codes, and criminal

codescodes Administrative regulations by the State Administrative regulations by the State

Council cannot be in conflict with statutes. Council cannot be in conflict with statutes. Cases are not considered official sources Cases are not considered official sources

of law, though decisions of the Supreme of law, though decisions of the Supreme People's Court are used as a guideline by People's Court are used as a guideline by lower courts when the law is unclear. lower courts when the law is unclear.

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England v ChinaEngland v China

EnglandEngland Common Law Common Law

systemsystem Sources of LawSources of Law

– European UnionEuropean Union– Domestic LegislationDomestic Legislation– Case LawCase Law

Case Law important Case Law important in developing and in developing and explaining the lawexplaining the law

PRCPRC Civil Law SystemCivil Law System Sources of LawSources of Law

– Domestic Domestic Legislation (NPC Legislation (NPC and State Council)and State Council)

Case Law not Case Law not important. Only important. Only used by lower used by lower courts when the courts when the law is unclear.law is unclear.

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SummarySummary

Law provides rules which give Law provides rules which give businesspeople a framework for businesspeople a framework for conduction their businessconduction their business– they know what they can and cannot dothey know what they can and cannot do

Categories of lawCategories of law– Common Law and Civil Law Common Law and Civil Law

refer to legal systemsrefer to legal systems England has a common law systemEngland has a common law system China is closer to a civil law systemChina is closer to a civil law system

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Summary (cont.)Summary (cont.)

Categories of law (cont.)Categories of law (cont.)– Common Law and Statute LawCommon Law and Statute Law

common law comes from decisions of the common law comes from decisions of the courtscourts

statute law comes from legislation made statute law comes from legislation made by the governmentby the government

– Private Law and Public LawPrivate Law and Public Law private law concerns individualsprivate law concerns individuals public law concerns institutions of statepublic law concerns institutions of state

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Summary (cont.)Summary (cont.)

Categories of law (cont.)Categories of law (cont.)– Civil Law and Criminal LawCivil Law and Criminal Law

civil law deals with relationships between civil law deals with relationships between individualsindividuals

criminal law deals with forbidden criminal law deals with forbidden behaviourbehaviour

Sources of English LawSources of English Law– European UnionEuropean Union– Domestic LegislationDomestic Legislation– Case LawCase Law

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ReadingReading

Chapter 1Chapter 1– Page 3 : paragraph entitled “Private Page 3 : paragraph entitled “Private

and public law”and public law”