Module: Principles of Business

Principles of Business

Topic: Introduction to Law (1)Introduction

Stage 2 Lecture 7

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Law within Principles of Business

1. Introduction2. The Legal System3. Introduction to Contracts4. Introduction to Tort Law

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Learning Outcomes

• Explain the significance of the rule of law • Explain key characteristics of English law.• Demonstrate understanding of the difference

between civil and criminal liability• List the areas of law which have most impact

on business.

What is law for?

Framework

Property

Divorce

Setting up a business

Commerce

Death

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Predictability

Reflect society’s values

seulaV

Settle disputes

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Punish wrong-doing

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Characteristics of English law

• Gradually evolving• Common law – not Roman law• (Partly) made by judges – doctrine of

precedent• Adversarial rather than inquisitorial• Monarch is nominal head

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Classifications of English Law

Civil Criminal

Criminal CivilVertical HorizontalFor behaviour which affects society generally

For behaviour which affects individuals

Punishment for an offence - sentence

Compensation for a wrong – damages or other remedy

Crown prosecutes Defendant

Claimant sues Defendant

Proof beyond reasonable doubt

Proof on balance of probabilities

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Criminal CivilVerdict – Guilty or not guilty

Judgment for one party or the other

Most cases brought by Crown Prosecution Service

Cases brought by party affected

Magistrates or Crown Court

County Court/High Court

R v Smith Smith v Jones

Classifications of English Law

Public

Private

Criminal ConstitutionalAdministrative

Human Rights

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Private law categories

• Contract Law• Tort Law• Property Law – Land Law, Intellectual

Property, Trusts, Succession• Family Law• Employment Law• Company Law• [EU Law]

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The Rule of Law

1. No sanction without breach2. No one is above the law and all must be

subject to jurisdiction in the same courts3. Common law system with judge-made law

secures the rights of individuals

State must use its power according to agreed rules and not arbitrarily.

A.V. Dicey

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“all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts.”

Bingham 2011

Rule of Law (2)

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Some of the principles of the rule of law

• The law must be accessible and so far as possible intelligible, clear and predictable.

• Questions of right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.

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Summary

• Meaning of rule of law• Characteristics of England law• Difference between civil and criminal law• Different areas of law

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Essential work for next week

• Please consult the OLE for details of:– Essential readings*– Seminar preparation work*– Recommended further readings– Any additional learning

* Essential readings and preparation work must always be completed in time for the next session

End of presentation

© Pearson College 2013