Lecture 1 introduction to business law

Lecture 1
INTRODUCTION TO LAW

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CRIMINAL AND CIVIL LAW

Criminal law

Public and
private law

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CRIMINAL AND CIVIL LAW
ROLE OF LAW
Law is a body of rules for guidance of
human conduct to maintain order and
protect harm to persons and property.
If there is no legal system, it is likely to
result in confusion or disorder.
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PUBLIC AND PRIVATE LAW

(Public Law)

PUBLIC LAW governs relations

between an individual citizen and
the state.
state.
Covers:

(a)
(b)

Criminal Law
Constitutional law
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CIVIL AND CRIMINAL LAW

(Civil Law)

Is the law governing
relations between
citizens themselves
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CIVIL AND CRIMINAL LAW

(Criminal Law…cont’d)

In criminal trial, the burden of proof
(the party who bears the proof) is
placed on the prosecution, who

must demonstrate that the
defendant is guilty before a jury may
convict him or her.
It must proved its case to be beyond reasonable
doubt.
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PUBLIC AND PRIVATE LAW

(Private Law)
Covers:

(a)
(b)

(c)
(d)

Law if contract,
contract, which will be covered later
Law of tort,
tort, which is the law covering legal duty of
people towards each other, such as the law of
negligence
Law of trust,
trust, dealing with the disposal of a person’s
property according to their wishes
Family law,
law, concerned with issues such as divorce,

custody of children and wards of courts
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CIVIL AND CRIMINAL LAW

(Criminal Law)

CRIMINAL, or sometimes also known as
CRIMINAL,
PENAL LAW involves prosecution
by the government of a person for a
crime,, which is prohibited by the
crime
law.
The community suffers as a result of the law
broken. Persons guilty of crimes are
punished by fines or imprisonment.
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ACTIVITY

While driving, Martin exceeded the
speed limit and crashed into the
wall of Andrew’s house, causing
damage worth $5
$5,000.
000. What legal
actions, either criminal or civil,

civil, may
arise as a result of his actions?
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RESOLUTION OF DISPUTES

Disputes may be resolved by:

(1) Courts
(2) Tribunals
(3) Arbitration
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THE COURTS SYSTEM

Refer to course book,
page 7 to see diagram

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THE COUNTY COURT
Read course book, page 7 to 9 on the followings:

(1)
(2)
(3)
(4)

(5)

Jurisdiction
Small claims procedure
Appeals
Staffing
The Woolf reforms

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THE HIGH COURT
The High Court is organized into three divisions

(1) Queen’s Bench
(2) Chancery Division
(3) Family Division

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CRIMINAL STRUCTURE

Refer to course book,
page 11 to see diagram

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CRIMINAL STRUCTURE (CONT’D…)

MAGISTRATES’ COURTS
Read course book, page 11 to 12 on the followings:

(1)
(2)
(3)
(4)

Criminal jurisdiction
Civil jurisdiction
Appeals
Staffing
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CRIMINAL STRUCTURE (CONT’D…)
THE CROWN COURT
Read course book, page 13 on the followings:

(1)
(2)
(3)
(4)

Criminal jurisdiction
Civil jurisdiction
Appeals
Staffing
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CRIMINAL STRUCTURE (CONT’D…)
THE COURT OF APPEAL
Read course book, page 13 to 14 on the followings:

(1)
(2)
(3)
(4)

Civil Division
Criminal Division
Appeals
Staffing
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CRIMINAL STRUCTURE (CONT’D…)
THE HOUSE OF LORDS
Read course book, page 14 on two separate roles

(1)
(2)

Legislative role
Judicial role

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CRIMINAL STRUCTURE (CONT’D…)
THE EUROPEAN COURTS
Read course book, page 14 on the followings:

(1)
(2)

European Court of Human Rights
European Court of Justice

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OTHER MEANS OF RESOLVING DISPUTES

Arbitration

Other means
of resolving
disputes

Tribunals

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