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Introduction to Law Chapter1

(Categories and Sources of Law)

This chapter provides an overview of


some of the concepts and principles
which form the background to the topics
covered in the rest of the book.

When you have studied this chapter you


should be able to:
Appreciate the distinguishing features of
a
legal rule
Explain the characteristics of the law
State its purposes
Distinguish between civil and criminal
law.

What is Law?
Categories of Law
Sources of Law
Brief Comparison of England and Bosnia

There is a strong demand for


economists/business
students,
particularly those who combine technical
skills with good communication skills and
team-work ability.

Administrative services managers


plan, coordinate, and direct a broad
range of services that allow organizations
to operate efficiently
Financial
managers
oversee
the
preparation of financial reports, direct
investment activities, and implement
cash management strategies.

Advertising, marketing, promotions,


public relations, and sales managers
coordinate their companies' market
research, marketing strategy, sales,
advertising, promotion, pricing, product
development,
and
public
relations
activities.
Financial analysts provide guidance to
businesses
and
individuals
making
investment decisions.

Purchasing managers, buyers, and


purchasing agents buy a vast array of
farm products, durable and nondurable
goods, and services for companies and
institutions
Accountants
and auditors help to
ensure that firms are run efficiently,
public records kept accurately, and taxes
paid properly and on time.

to provide a governmental structure and


legislative procedures: constitutional law
to provide public services and to raise
taxes to pay for them: administrative and
revenue law;
to regulate and promote the economy:
administrative, civil and criminal law are
all involved

to promote public order and preserve


national security: criminal law
to give individual members personal
rights and duties in relation to others and
to enable personal enforcement of these
rights: the civil law
to
give legal validity to approved
relationships and transactions between
members of the society

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To enforce morality
Maintains social control
Protects public order
To resolve disputes
Protects certainty of systems
Brings out justice in society
To protectcitizens fromthe government
(e.g. Bill of Rights)

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Toprotect minorities from majorities


Setting standardsofconductbehavior
Tostructurethegovernment
(e.g.Constitution)
To resolve disputespeacefully, civilized

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Step on a bus!!! The law is there. You have


almost certainly entered into a contract to
pay the fare to your destination.
The bus is involved in an accident. The law is
ready to determine who is responsible for
the injury you sustained.
Your job, your home, your relationships, your
very life and your death, all and more
are managed, controlled, and directed by
the law.
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ACTIVITIES AFFECTED
BY LAW

HOW

Took a bath

Water must be Health


clean
Toothpaste
Health
must not be
harmful to the
health

Yes. Health
Law
Brushed teeth Yes. Food
and Drug
Laws

REASON
FOR THE
LAW

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ACTIVITIES AFFECTED
BY LAW

HOW

REASON
FOR THE
LAW

Ate breakfast Yes. Food


Laws
Caught the
Yes. Traffic
bus to school Law

Food need to Health


be wholesome
The bus driver Safety
must have a
license

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to make a student aware about law


law is helpful in maintaining business in
legal ways
to make us aware of the legal issues
involving businesses and how to deal with
them
to have secured business: If a business
is found not to be in compliance with a law,
it could possibly be subject to very heavy
fines!

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Law may be defined as a body of rules,


created by the state, binding within its
jurisdiction and enforced with the authority
of the state through the use of sanctions
A set of rules and procedures usually
intended to regulate some aspect of society

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Law provides rules


It tells us what we can and cannot do
Therefore,
it
is
important for
a
businessperson to know the rules which
apply to them

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Different countries have different forms


of law and social order
In this module, we shall be looking at
some of the principles of English Law
However, many of these principles can
be found in other legal systems

even if the details are different

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Law is a very large field, and it is common


to divide it into categories
common law and civil law
private law and public law
civil law and criminal law

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A legal system is the way the law is


structured and operated in a country
England
systems

and

Bosnia

have

different

legal

Common Law and Civil Law are terms


used to describe legal systems

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Common Law is used to describe legal


systems based on the English legal
system
These are usually countries which were
once part of the British Empire

eg: America, Australia, New Zealand

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Civil Law is used to describe legal systems


which are based on old Roman Law (from
the Roman Empire in what is now Italy)
eg: France, Germany
Bosnia and Herzegovina is usually classified
as a civil law system and it is based on
Roman Law

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Common Law
Case law and the
courts are most
important
source
of law

Civil Law
Consists of a legal
code of general
principles which is
the source of law

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Private Law and Public Law are


concerned with relationships

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Private Law deals with the relationships


between ordinary people in everyday
transactions
That includes you and me, as well as
businesses and companies
Private Law includes the law of contract
and the law of tort

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Individual

Individual

Law regulates relationship


between them

Examples
Contract and tort issues, employment
and company law, land, and equity and
trusts matters.

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Public Law deals with the relationships


between government organisations and
ordinary citizens
also between different government organisations

Public Law includes constitutional law,


administrative law, and criminal law

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State

State Bodies

Individual
Law regulates relationship
between them
Examples
Human rights matters, immigration and
citizenship, criminal law, planning law,
licensing law.

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In this category, civil law has a


different meaning from the Common Law
and Civil Law category

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In this category, civil law deals with the


relationships between individual citizens
Its
purpose is to settle arguments
between individuals
It helps people to find remedies

it doesnt really punish people

Civil Law includes all Private Law and


some Public Law

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Criminal Law deals with rules created by


the State which forbid certain behaviour
These are crimes
Criminal Law punishes people

it does not provide remedies

Criminal Law is usually what people think


of when they think about The Law
Criminal Law is part of Public Law

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A very important difference between


criminal law and civil law relates to court
cases
In a criminal case, the prosecutors (ie the
State) must prove their case beyond
reasonable doubt
In a civil case, the parties only have to
prove their case on the balance of
probabilities

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European Union
Domestic Legislation

Constitutional Law
Statutory Law
Case Law

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The B&H is not a member of the


European Union
The EU has the power to create rules and
regulations which apply in its member
states

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Domestic legislation is created by


Parliament
It only applies to Bosnia and Herzegovina

EU laws apply to all EU members

Domestic legislation is introduced by the


government

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We said earlier that the B&H legal system


is a civil law system, so legislation is the
main source of law in B&H
However, the courts are still important as
they help to interpret the legislation

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Each piece of legislation is an Act of


Parliament
They are recorded in statute books which
anyone can refer to and publish in Official
Gazette

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Decisions of the courts can help to


develop and explain the law

Although legislation can overrule case


law, cases law can help to show the
practical effect of legislation

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The facts and decisions in important


cases are recorded in books called law
reports
Lawyers refer to these when

they advise their clients


they are arguing their clients case in court

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The Bosnian legal system has similar


characteristics to a civil law system

This is partly because in Bosnian history


written laws and codes were important

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The Bosnian legal system is distinct from


other legal systems, but its structure is
similar to civil systems like France and
Germany
Bosnian legal experts view legislation as
more important than case law
In fact, case law is not considered to be a
source of law in Bosnia and Herzegovina

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Sources of law in Bosnia and Herzegovina:


Statutes made by the The Parliamentary
Assembly of Bosnia and Herzegovina have
the highest authority
constitutional laws, civil codes, and criminal codes

Administrative regulations by the the Council


of
Ministers
of
Bosnia
and
Herzegovinacannot be in conflict with
statutes.
Cases are not considered official sources of
law, though decisions of the Appeal Courts
are used as a guideline by lower courts when
the law is unclear.
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England
Common Law
system
Sources of Law

European Union
Domestic Legislation
Case Law

Case
Law
important
in
developing
and
explaining the law.

B&H
Civil Law System
Sources of Law

Domestic Legislation

Case
Law
not
important.
Only
used
by
lower
courts when the
law is unclear.

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Law
provides
rules
which
businesspeople
a
framework
conduction their business

give
for

they know what they can and cannot do

Categories of law
Common Law and Civil Law
refer to legal systems
England has a common law system
Bosnia and Herzegovina has a civil law system

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Categories of law (cont.)


Private Law and Public Law
private law concerns individuals
public law concerns institutions of state

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Categories of law (cont.)


Civil Law and Criminal Law

civil law deals with relationships between


individuals
criminal law deals with forbidden behaviour

Sources of Bosnian Law


Domestic Legislation

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Chapter 1
Page 3 : paragraph entitled Getting Started:
an introduction to studying law

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