Inglese giuridico. prof.ssa C.M.Cascione. Lez. n.1. Law Common law

Transcription

1 Inglese giuridico prof.ssa C.M.Cascione Lez. n.1 Law Common law

2 Meanings of Law 1. LEGGE (gen.) To break the law = infrangere la legge To keep the law = osservare la legge 2. LEGGE (tec.) To pass a law = approvare una legge To repeal a law = abrogare una legge 3. GIURISPRUDENZA (law as a branch of knowledge) To study law = studiare giurisprudenza Law faculty = facoltà di giurisprudenza 4. DIRITTO (body of laws relating to a subject) Criminal law = diritto penale Public law= diritto pubblico 5. GIUSTIZIA The fugitive avoided the law= il fuggitivo è sfuggito alla giustizia

3 Meanings of Law 6. PROFESSIONE LEGALE, AVVOCATURA To practise law = esercitare la professione legale 7. AZIONE LEGALE To go to law = procedere per vie legali To take someone to law = iniziare un azione legale nei confronti di qualcuno 8. PRINCIPIO The law of gravity= il principio di gravità 9. REGOLA The rules of grammar = le regole grammaticali 10. ORDINE (Fig.) His word is law = la sua parola è legge

4 Definitions of Law! Law is a rule or a body of rules! Scope: the guidance of human conduct! Law is imposed! Law is binding! Law is enforceable! Law is applied within a State

5 Definitions of Law

6 Classifications of Law " Public law v. Private law " Criminal law v. Private law " Substantive law v. Procedural law " Municipal law v. International law

7 Public law v. Private law # Public Law that part of the law which governs the relationships between the individuals and the State # Private Law that part of the law which governs the relationships among individuals regulating rights and duties among each others

8 Public Law that part of the law which governs the relationships between the individuals and the State! Constitutional Law (body of rules which regulate the structure of the principal organs of the State and determine their principal functions)! Administrative Law (body of legal principles which concern the rights and duties arising from the impact on the individuals of the actual functioning of the executive instruments of government)! Criminal Law (part of the law which characterize certain kinds of wrongdoing as offences against the State)

9 Private Law that part of the law which governs the relationships among individuals regulating rights and duties among each others! Law of contract! Law of tort! Law of property! Law of succession! Family law

10 Criminal Law v. Private Law Main differences: 1. Private law: deals with the resolution of disputes among two or more parties by providing a remedy for a wrong that has been suffered/criminal law: deals with offences against the State or its citizens and preserves public order 2. Private law: the main action is begun by private citizens/ Criminal law: the main action is enforced in behalf or in the name of the State 3. Remedies

11 Substantive Law v. Procedural Law # Substantive law: the body of the rules of law in the above branches # Procedural law: the body of the rules governing the manner in which a right is enforced under private law or a crime prosecuted under criminal law

12 Municipal law v. International law # Municipal law: the law operating within a State # International law: the law which governs the relations of the State inter se (public international law)

13 Common law 1. Common law as a legal family 2. Common law as case law 3. Common law in opposition to equity

14 Common Law v. Civil Law Common law Emerged in England Was applied in english colonies Is uncodified Judicial decisions are sources of law Civil law Emerged in continental Europe Was applied in european colonies Is codified Judicial decisions are not sources of law

15 Common Law v. Statute law Common law Case law Judicial decisions Unwritten law Pronounced by judges when deciding cases Not formally enacted by the legislature Statute law Acts of Parliamens Legislation Written law Enacted by the legislator according to procedures recognised as valid for producing law

16 Common Law v. Equity Common law The branch of English law developed since the Norman conquest in 1066 Based on the system of writs Developed by the Courts of Westminster Characterized by strong formalism Equity The branch of English law developed since XV century Emerged in opposition to the system of writs Developed by the Chancery Court Not based on strict formalities