lecture 1 - introduction to business law

7/28/2019 Lecture 1 - Introduction to Business Law

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LectureLecture 11

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CRIMINAL AND CIVIL LAWCRIMINAL AND CIVIL LAW

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Criminal lawCriminal law Public andPublic andprivate lawprivate law


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CRIMINAL AND CIVIL LAWCRIMINAL AND CIVIL LAW

ROLE OF LAWROLE OF LAWLawLaw is ais a body of rulesbody of rules for guidance offor guidance of

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protect harmprotect harm to persons and property.to persons and property.

If there is no legal system, it is likely toIf there is no legal system, it is likely toresult in confusion or disorder.result in confusion or disorder.


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PUBLIC AND PRIVATE LAWPUBLIC AND PRIVATE LAW

(Public Law)(Public Law)

PUBLIC LAW governs relationsPUBLIC LAW governs relationsbetween anbetween an individual citizenindividual citizen andand

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the statethe state..

Covers:Covers:(a)(a) Criminal LawCriminal Law

(b)(b) ConstitutionalConstitutional lawlaw


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CIVIL AND CRIMINAL LAWCIVIL AND CRIMINAL LAW

(Civil Law)(Civil Law)

Is the lawIs the law governinggoverning

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relations betweenrelations between

citizenscitizens themselvesthemselves


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(Criminal Lawcontd)(Criminal Lawcontd)

In criminal trial,In criminal trial, the burden of proofthe burden of proof(the party who bears the proof)(the party who bears the proof) isis

lacedlaced on the rosecutionon the rosecution whowho

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must demonstrate that themust demonstrate that thedefendant is guilty before a jury maydefendant is guilty before a jury mayconvict him or her.convict him or her.

It must proved its case to beIt must proved its case to be beyond reasonablebeyond reasonabledoubt.doubt.


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PUBLIC AND PRIVATE LAWPUBLIC AND PRIVATE LAW

(Private Law)(Private Law)

Covers:Covers:

(a)(a) Law if contractLaw if contract, which will be covered later, which will be covered later

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,,people towards each other, such as the law ofpeople towards each other, such as the law ofnegligencenegligence

(c)(c) Law of trustLaw of trust, dealing with the disposal of a persons, dealing with the disposal of a persons

property according to their wishesproperty according to their wishes(d)(d) Family lawFamily law, concerned with issues such as divorce,, concerned with issues such as divorce,

custody of children and wards of courtscustody of children and wards of courts


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(Criminal Law)(Criminal Law)

CRIMINALCRIMINAL, or sometimes also known as, or sometimes also known asPENALPENAL LAW involvesLAW involves prosecutionprosecution

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crimecrime, which is prohibited by the, which is prohibited by thelaw.law.

The community suffers as a result of theThe community suffers as a result of the lawlawbroken.broken. Persons guilty of crimes arePersons guilty of crimes are

punished by fines or imprisonment.punished by fines or imprisonment.


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ACTIVITYACTIVITY

While driving, Martin exceeded theWhile driving, Martin exceeded thes eed limit and crashed into thes eed limit and crashed into the

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wall of Andrews house, causingwall of Andrews house, causingdamage worth $damage worth $55,,000000. What legal. What legal

actions, eitheractions, either criminal or civilcriminal or civil, may, mayarise as a result of his actions?arise as a result of his actions?


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THE COURTS SYSTEMTHE COURTS SYSTEM

Refer to course book,Refer to course book,

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pagepage 77 to see diagramto see diagram


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THE COUNTY COURTTHE COUNTY COURT

Read course book, pageRead course book, page 77 toto 99 on the followings:on the followings:

(1)(1) JurisdictionJurisdiction

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(2)(2) Small claims procedureSmall claims procedure(3)(3) AppealsAppeals

(4)(4) StaffingStaffing

(5)(5) TheThe WWoolf reformsoolf reforms


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THE HIGH COURTTHE HIGH COURT

The High Court is organized into three divisionsThe High Court is organized into three divisions

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(2)(2) Chancery DivisionChancery Division

(3)(3) Family DivisionFamily Division


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CRIMINAL STRUCTURECRIMINAL STRUCTURE

Refer to course book,Refer to course book,

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pagepage o see agramo see agram


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CRIMINAL STRUCTURE (CONTD)CRIMINAL STRUCTURE (CONTD)

MAGISTRATES COURTSMAGISTRATES COURTS


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(1)(1) Criminal jurisdictionCriminal jurisdiction

(2)(2) Civil jurisdictionCivil jurisdiction

(3)(3) AppealsAppeals



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THE CROWN COURTTHE CROWN COURT

Read course book, pageRead course book, page 1313 on the followings:on the followings:

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(1)(1) Criminal jurisdictionCriminal jurisdiction

(2)(2) Civil jurisdictionCivil jurisdiction




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THE COURT OF APPEALTHE COURT OF APPEAL


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(1)(1) Civil DivisionCivil Division

(2)(2) Criminal DivisionCriminal Division




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THE HOUSE OF LORDSTHE HOUSE OF LORDS

Read course book, page 14 on two separate rolesRead course book, page 14 on two separate roles

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(1)(1) Legislative roleLegislative role

(2)(2) Judicial roleJudicial role


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THE EUROPEAN COURTSTHE EUROPEAN COURTS

Read course book, pageRead course book, page 1414 on the followings:on the followings:

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(1)(1) European Court of Human RightsEuropean Court of Human Rights

(2)(2) European Court of JusticeEuropean Court of Justice


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OTHER MEANS OF RESOLVING DISPUTESOTHER MEANS OF RESOLVING DISPUTES

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TribunalsTribunalsArbitrationArbitrationt er meanst er meansof resolvingof resolving

disputesdisputes

lecture 1 - introduction to business law

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