ZKOUŠKA - DEFINIC

• Law


  The English word law has its origin in the old Norwegian word meaning "laid down". It may refer both to something observed as a natural phenomenon or to a rule set by human beings for regulating they mutual coexistence.
• Descriptive laws


  Laws that describe how something behaves
• Prescriptive laws


  Laws that prescribe how one should behave
• Sanctions


  Penalties or punishments when someone breaks a rule
• Levels of institutions providing sanctions

  • Society in general (negative reactions like criticism or invectives)
  • Schools, sport clubs etc. (expulsion, warning, suspension, financial penalty)
  • State (police, courts, rule-makers)
• Civil action


  Aggrieved party brings action against other who caused harm, dispute dealt with in civil court, usual award is damages (financial compensation)
• Criminal prosecution


  Conducted by the State when someone's behaviour is considered harmful to the well-being of the whole society, defendant's guilt must be proven beyond reasonable doubt, may result in fine or imprisonment
• Purpose of law


  To provide a way to resolve disputes in society peacefully, the same law applies to everybody
• Meanings of the word "law"

  • The system of rules a particular country recognizes as regulating the actions of its citizens and enforced by the state authorities

  1. An individual rule as part of a system of law
  2. A statement of fact, deducted from observation
• Law vs. Right


  Law - objective law // Right - subjective law
• Sources of law


  Origins from which rules of human conduct come into existence and derive their legal force, including customs, precedents, and legislation
• Main legal traditions


  • Anglo-American common law

  Civil law based on Roman law
• Common law


  Judges create a common law drawing on customs and rulings by monarchs, main source is precedents or judicial decisions which are binding
• Civil law


  Main source is codes and statutes, judges have a more limited role in applying the codified set of laws
• Equity


  Fairness, a complementary rule of law that dealt with problems where the common law could not help, equity should prevail over common law
• Equitable remedies


  • Specific performance (court order to perform contract)

  Injunction (court order to do or stop doing something)

  Restitution (putting parties back into original position)
• Legislation


  Primary legislation made by the supreme legislative body, secondary or delegated legislation made by subordinate bodies
• By-laws


  Rules and regulations enacted by an association or corporation to provide a framework for its operation and management
• Legislative body


  • A political institution which holds the legislative power in a state, and often controls the executive power
• Terminology comparison: Czech Republic vs UK


  • Částka - Chapter

  Část, hlava, oddíl - Part, title, subpart/chapter

  Paragraf - Section

  Odstavec - Subsection

  Písmeno (pododstavec) - Paragraph

  Věta/bod - Subparagraph
• Private law


  Deals with relationships between individuals, such as contracts or law of obligations
• Public law


  Concerned with relationship between individuals and the state, includes criminal law, administrative law and constitutional law
• Civil law


  Seeks to redress wrongs by enforcing compensation or restitution
• Criminal law


  Imposes punishment on the wrongdoer fulfilling the aims of retribution, deterrence and reformation
• Branches of private law

  • Law of torts

  Law of contracts

  Law of probate

  Family law
• Branches of public law

  • Criminal law

  Administrative law

  Constitutional law
• Civil procedure


  Deals with private disputes between persons or organizations, claimant/plaintiff commences legal proceeding against defendant, standard of proof is balance of probabilities, possible outcomes are defendant found liable (damages or other remedies) or not liable
• Criminal procedure


  Deals with crimes against the community, defendant is charged by the state represented by a prosecutor, standard of proof is beyond reasonable doubt, possible outcomes are defendant found guilty (convicted and sentenced) or not guilty (acquitted)
• Courts in England


  • Magistrates Courts (minor criminal offences)

  County Courts (most civil litigation)

  Crown Court (serious criminal offences, some appeals)
• When the defendant is found liable, the court may award damages to the claimant or other remedies, specifically equitable remedies which include specific performance or an injunction
• In case of criminal procedure, if the court is satisfied that there is no reasonable doubt, the defendant is found guilty and convicted of the crime and also sentenced, that means the punishment is given to him. If there is a reasonable doubt, the defendant is found not guilty of the crime and he is acquitted
• The defendant can be also sent to jail or imprisoned if the crime is serious
• Systems of courts in England

  • Magistrates Courts
  • County Courts
  • Crown Court
  • High Court
  • Court of Appeal
  • Supreme Court
• Systems of courts in Czech Republic


  • Supreme Court
  • Supreme Administrative Court
  • 2 high courts
  • 8 regional courts
  • 86 district courts
  • Constitutional Court
• Tort


  A wrongful act which causes harm, damage, injury to an individual's person, property or reputation
• Contract


  A binding agreement which is made between two or more parties stating the details of promises
• Will


  A legal document where a person states how they want to dispose of their property when they die
• Trust


  A property arrangement which aims at transferring the property to one or more trustees who become the legal owner(s) who hold and administer the property for the benefit or advantage of another person or a group of persons or for a specific purpose
• Crime


  Illegal behaviour, which is dangerous to the society as a whole and which is prosecuted and punished by the State
• Plaintiff


  A party who takes a legal action against somebody in a civil case