Defintion

• Law

  The body of rules that can be enforced by the courts or by other government agencies
• Objects of legal relations

  • Things ( movable or immovable)
  • Results of creative brainwork (copyright law)
  • Values of human personality ( life, health, freedom)
  • Right (pecuniary claim)
• Classification/Types of law

  Law may be classified as:

  1. Written and unwritten
  2. Municipal (National) and International
  3. Public and Private
  4. Substantive and Procedural
  5. Criminal and Civil
• Crime


  is an act or mission committed or omitted in violation of public law
• Common law system 


  It is a body of law based on custom and general principles embodied in case law
• Precedents


  Are court decisions that serve as authority (i.e. law) for deciding a similar question of law in a later case based on similar facts. This is central to the common law approach.
• Countries, world regions :

  can be seen in the previous English colonies such as Australia, India, Sri Lanka, Canada and the United States
• Civil law system

  aka Romano-Germanic law or continental law.

  • is the oldest family of law.
  • the code (the compilation of laws) expresses rules of law as general principles, and it provides answers for all disputes.
  • case law is NOT binding, but merely provides guidance.
• Countries that follow civil law structure:

  • Former French, Dutch, German, Spanish or Portuguese;
  • Including much of Central and Eastern European
  • East Asian countries
• Delegate legislation


  Laws that enable an individual/body to pass legislation under the authority and control of Parliament.
• Legislation

  Law created through, or under the authority of Parliament. It is the highest form of law and is not subject to challenge by the courts.
• Judicial precedent

  The process whereby judges follow previously decided cases where the facts are of sufficient similarity.
• EU law supremacy

  EU law has supremacy over national law- where EU law and national law conflict, EU law will take primacy.
• Basis for democratic cooperation built on law - The Treaties

  • 1952, the European Coal and Steel Community
  • 1958, the treaties of Rome:
  • The European Economic Community
  • The European Atomic Energy

  Community (EURATOM)

  • 1987, the European Single Act; the Single Market
  • 1993, Maastricht Treaty on European Union
  • 1999, Treaty of Amsterdam
  • 2003, Treaty of Nice
  • 2009, Treaty of Lisbon
• The « Four Freedoms »

  1. Free movement of goods
  2. Free movements of capital
  3. Freedom to establish and provide services
  4. Free movement of persons
• Member states must…

  agree unanimously for the EU to adopt policies concerning defence and foreign policy. Subsidiary is a founding principle of the EU.
• « Sources of law »

  Are the origins of laws, the binding rules that enable any state to govern its territory.
• Jurisdiction

  • The authority granted to a formally constituted legal body to deal with and make pronouncements on legal matters.
  • The authority to administer justice within a defined area of responsibility.

  Jurisdiction also denotes the geographical area or subject-matter to which such authority applies.

  It is the authority of a court to hear and decide a specific action.
• Two types of jurisdiction:

  • Subject - matter jurisdiction:
  • a trial courts subject matter jurisdiction may be limited by:
  • The amount in controversy
  • The subject of the law suit
  • A court limited by one or more of these factors is considered to have limited jurisdiction.
  • Territorial jurisdiction ( Personal jurisdiction): Courts have personal jurisdiction over persons residing in or doing business within a particular district, state or country.
• The fifth French Constitution was promulgated on October 4, 1958. The Constitution is the highest norm in the internal hierarchy in the French Constitution was fundamentally changed on 23 July 2008 by the constitutional revision bill of modernization of the institution.
• Criminal courts

  Depending of the seriousness of the offense committed, the suspect may be judged by one of the three following criminal courts.

  Example:

  • The Tribunal of Police
  • The Correctionnal Tribunal
  • The Assize Court
• Example of a criminal court: The tribunal of Police

  Is competent to judge cases relating to minor offenses classified under French penal code as “contraventions” ( like minor violences, driving offenses etc.) punishable only by fines up to 3000€ and no time in prison.

  It is composed of a single judge. A prosecutor represents the accusation before the Tribunal of police.
• Example of a criminal court: The Correction Tribunal


  Is competent to judge serious offenses classified under French penal code as “délits” which in France are punishable by up to ten years in prison.

  • Is usually composed of three judges
  • A prosecutor represents the accusation
• Example of a criminal court: The Assize Court 


  Is competent to judge felonies, which are the most serious offenses classified under French penal code as “crimes” and punishable by criminal imprisonment between ten years and life in prison.

  It is composed of three professional judges and six jurors.

  In appeal, the court is composed of three professional judges and nine jurors. A special Prosecutor called the General Advocate represents the accusation.
• The Court of Cassation


  is the Supreme Court in the ordinary court structure. It sits in Paris. Its function is to verify that the decisions of the lower courts do not conflict with some point of law : it does not make any fresh assessment of the facts. It is not regarded as a court of third instance: it maintains uniformity of case-law, and acts as a regulator of law and compliance with legality.
• Definition: Delegated legislation 


  Laws that enable an individual/body to pass legislation under the authority and control of Parliament.
• Definition: Legislation

  Law created through, or under the authority of Parliament. It is the highest form of law and is not subject to challenge by the courts.
• Definition: Judicial Precedent


  The process whereby judges follow previously decided cases where the facts are sufficient similarity.
• EU law supremacy

  EU law has supremacy over national law - where EU law and national law conflict, EU law will take primacy.
• The treatises - basis for democratic cooperation built on law

  • 1952 : The European Coal and Steel Community
  • 1958 :
  • The treaties of Rome:
  • The European Economic Community
  • The European Atomic Energy Community (EURATOM )
  • 1987: The European Single Act : The Single Market
  • 1993 : Maastricht Treaty on European Union
  • 1999 : Treaty of Amsterdam
  • 2003: Treaty of Nice
  • 2009: Treaty of Lisbon
• The ”Four Freedoms” of the single market are:

  1. Free movement of goods
  2. Free movement of capital
  3. Freedom to establish and provide services
  4. Free movement of persons
• A binding agreement 


  Is one that is enforceable under laws. A contract is an agreement giving rise to obligations which are enforced or recognised by law.
• Collateral contracts


  Is a contract established between two parties may indirectly create another contract with a third party.
• Oral contracts

  Contracts do not have to be written to be enforceable in court. In fact, most oral contracts are legally enforceable.

  However, they are obviously much more difficult to prove.
• Type of contract : Work-for-hire

  Companies create a Work-for-Hire contract when they are hiring an outside contractor to perform certain responsibilities. The contractor works alone and is responsible for claiming the money he or she makes to the IRS.
• Type of contract : Confidentiality or non-disclosure:

  This contract protects the company’s personal and confidential material. If the company is sharing valuable client information or trade secrets, it is important that there should be contract regarding this. By agreeing to this type of a contract, the independent contractor is agreeing to not reveal business information or use trade secrets for personal benefit.
• Type of contract : Non-compete


  This type of contract stops the independent contractor from competing with your business or stealing your ideas. Anyone that he or she comes in contact with must be addressed as your client, not theirs.
• Type of contract : service agreement

  A service agreement is widespread among online business services. The contract ensures that both parties be given what they expect. The client receives the work he or she has hired you for, and you receive payment for your work. This agreement should always be signed. If your client can’t sign it, then fax it to them in order to have no complication
• Offeree 


  The party(s) to whom an offer has been made.

  Is there a counteroffer the part may change, the offeree is always the one that agrees/signs last.
• Offeror


  The party making an offer and setting out the terms by which he/she is willing to be bound.