Law resit

year 2 (year 1), semester 2, term 3, thankyou nina

Values

Are things that we deem important (equality, honesty, education, effort, loyalty)

Beliefs

The convictions that we generally hold to be true, usually without actual proof or evidence. They are often, but not always connected to religion

Guilty

The admittance that the person was and is responsible for the crime committed and all charges that are involved with that crime.

No contest

When the person claiming they are innocent; however, they will not contest the charges if the case goes to trial.

Public Law

between state and citizens

Private / Civil Law

between individuals

Types of Law that fall under Public Law

- Constitutional Law

- Administrative Law

- Criminal Law

Types of Law that fall under Private / Civil Law

- Contract Law

- Tort Law

- Property Law

- Trusts Law

- Family Law

Constitutional law (Public Law)

How citizen should be treated by their government.

Administrative Law (Public Law)

The area of law developed to deal with issues arising between government agencies and individuals. Pensions, income support/ welfare and child support.

Criminal Law (Public Law)

Wrong doings that are considered crimes against society and "Anti - Social" behaviour. The state accepts responsibility for the detection, prosecution and punishment of offenders.

Contract Law (Private / Civil Law)

When two or more people enter into a legally enforcable agreement with each other. The law establishes what is binding and the nature of the obligations and consequences if undertaken or broken.

Tort Law (Private / Civil Law)

Duty of care, looking at who was responsible in an accident at work.

Trusts Law (Private / Civil Law)

Financial

Family Law (Private / Civil Law)

How we are able to enter a relationship.

I.R.A.C. - For Structuring legal arguments

- Issues

- Rule

- Application/Analysis

- Conclusion

Morals

are the beliefs of the individual to what is right or wrong

Ethics

A code that points to the standards put forward by the society or the cultural group. More a code of conduct set forward by the community

Morality

A more personal thing. It's a person's inner and peculiar character. An act which a person thinks or assumes to be wrong or incorrect may be perfectly right and correct for another one.

Macro Functions of Law

- Maintaining order

- The big conceptual ideas

Micro Functions of Law

- Specific functions

- Day to day rules of engagement that people have in society

- What is considered acceptable

What is law good for?

- Public order and safety

- To protect individual rights

- To regulate human relationships

- To regulate economic activity

- For the control and regulation of political sphere

- To regulate international relations

Law

- a system of rules made by a body or person with the power/ authority to make laws.

- a tool of oppression used by the ruling class for it's own interests.

- a system of rules grounded in fundamental principles of morality

- is slow --> red tape

Where do laws come from?

Peoples Behaviour

What shapes our society?

- Tradition

- Informal law

- Customs

- Culture

- Religion

- Globalisation

3 Components of the Criminal Justice System

1. Police & Law Enforcement

2. The Court System

3. The corrections/ Prison/ Reform

Ministry of justice (UK)

responsible for the justice process - charging, courts, prison, probation.

Home Office (UK)

Responsible for public safety, crime prevention, anti-social behavior, and terrorism protection.

Attorney General(UK)

The Government's chief legal adviser, assisted by the Solicitor General

Crown Prosecution Service (CPS)

Prosecutes criminal cases in England and Wales on behalf of the state.

Magistrates' Court

Handles minor criminal cases and most youth offenses in the UK.

Crown Court

Deals with serious criminal offenses in the UK, usually involving trial by jury.

Court of Appeal (Criminal Division)

Hears appeals from the Crown Court in criminal cases.

Supreme Court (UK)

The highest court in the UK for civil and criminal cases.

Openbare Ministerie (Netherlands)

Dutch Public Prosecution Service - the only body that can bring criminal cases to court.

Legal Aid Board (Raad voor Rechtsbijstand)

Provides financial support to ensure the accused can afford legal representation in the Netherlands.

Custodial Institutions Agency (Netherlands)

Supervises convicted offenders in prisons or on probation/parole.

Major Legal Traditions

civil law, common law, religious legal system, mixed legal system

civil law tradition

Based on Roman law, legal science, and codified statutes; used in most of Europe and many other countries.

Common Law Tradition

Based on precedent (judge-made law), custom, and equity; used in the UK, USA (except Louisiana), and other former British colonies.

Religious Law

A legal system based on religious texts or traditions (e.g., Sharia, Halakha, Canon Law).

Mixed Legal System

Combines two or more legal traditions, such as civil, common, or religious law.

Examples of Civil Law Countries

France, Germany, Netherlands, Italy, Turkey, Brazil, China.

Examples of Common Law Countries

UK, USA (except Louisiana), Australia, New Zealand, Canada (except Quebec).

Examples of Religious Law Countries

Saudi Arabia, Iran, Libya, Yemen, Vatican City.

Examples of Mixed Legal Systems

South Africa (Civil/Common/Customary), Israel (Common/Halakha), Nigeria (Common/Customary/Islamic), Egypt (Civil/Islamic).

Common Law

between to lawers, judge acts as a referee and is based on case law and precedent rather than codified law. The system of law that emerged in England began in the Middle Ages. (flexible)

the engish common law

defined as the unwritten customary law of England as established by the courts. The Norman conquest of England at the Battle of Hastings in 1066 AD

the common law procedure

Also known as "adversarial" - the judge is a neutral arbiter, parties lead the case, and the judge ensures procedural fairness but does not investigate.

Precedent

past judicial decisions that may serve as an authoritative example in future similar cases.

Uncodified

meaning there is no single comprehensive legal code.

Adversarial Model

A legal system where opposing parties present their case and the judge/jury decides the outcome based on the most convincing argument.

Civil Law

based on fixed codes and statues, the system of law that emerged in continental Europe beginning in the Middle Ages. It is based on codified law drawn from national legislation and customs as well as ancient Roman law.

civil law procedure

Also known as "inquisitorial" - the judge actively investigates the case, questions witnesses, and aims to find the material truth.

Codified

meaning laws are organised into structured codes.

Inquisitorial Model

A legal system where the judge plays a central role in gathering and examining evidence to uncover the truth.

Law Enforcement (component of criminal justice system)

Police and Security officials are responsible for upholding the law on the ground

Prosecution

lawyers who represent the state in the court process.

Defense Attorneys

represent the accused against the government's case.

Courts (component of criminal justice system)

The district court has a criminal law section. The district court of first instance is the first court that deals with the case. Appeals can be made to the higher courts.

Corrections (component of the criminal justice system)

The Custodial Institutions agency (Dienst Justitiële Inrichtingen, "Department of Correctional Institutions) is in charge of offenders, supervise convicted offenders when they are in jail, in prison, or in the community on probation or parole

Canon law

the body of laws that govern the Catholic Church and its members, deriving from the decrees and rules made by the pope and ecclesiastical councils.

Code

the collection of laws of a country or laws related to a particular subject.

Codification

the process of compiling and systematizing laws into a code

Corpus Juris Civilis

meaning "body of civil laws," is the name given to the compilation of Roman law ordered by the Byzantine emperor Justinian I in 529 CE.

Equity

In English common law tradition, a body of legal principles emerged to supplement the common law when the strictness of its application would limit or prevent a just outcome.

Writ

a formal written order from a judicial or administrative authority that directs legal action. Originally they were royal orders from the court of the English king.

Yearbooks/Reports

collections of common law court cases and judicial opinions recorded and organized by year.

Religious legal systems

refers to the notion of a religious system or document being used as a legal source. They are influenced by legal tradition in the underlying system. The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and Canon law in some Christian groups.

Mixed legal systems

are mostly defined as the combination of civil law and common law. Examples - South Africa, Louisiana, Israel

Types of legal systems

1. Religious legal systems

2. Mixed legal systems

3. common law systems

4. civil law systems

Models of Criminal Justice Systems

1. Adversarial Model

2. Inquisitorial Model

Criminal Justice Hierarchy

1. Magistrates Court

2. Crown Court

3. Court of Appeal (Criminal Division)

4. Supreme Court

Amount of EU states

27 (used to be 28 but Brexit)

EU Supremacy

EU law takes precedence over national laws of member states. Confirmed by ECJ in Van Gend en Loos (1963).

The European Arrest Warrant (EAW)

Allows EU member states to arrest and transfer suspects or convicted persons across borders for prosecution or sentencing.

Eurojust

Judicial agency that coordinates cross-border prosecution and legal cooperation among EU member states (est. 2002).

Interpol

International police organization (est. 1923) with 194 members, enabling cooperation to combat transnational crime.

Europol

EU agency (est. 1999) that supports police cooperation and intelligence sharing across member states to fight serious crime.

mandate of europol

Facilitating International Police Cooperation,

Information and Intelligence Sharing,

Analytical Support,

Coordination of Operation,

capacity building,

Public awareness and prevention

Schengen Agreement (1985)

to remove internal EU borders, creating a zone of free movement across participating countries.

First Five Schengen Countries

1. France

2. Germany

3. Belgium

4. Luxemburg

5. The Netherlands

Problems due to Schengen

increased illegal migration, cross-border crime, terrorism, and challenges in national border enforcement.

1. Norway

2. Iceland

3. Switzerland

4. Liechtenstein.

Four countries that did not sign Schengen but keep their borders open

European Law: The Three Pillars

1. European Community

2. Common Foreign & Security Policy

3. Justice and Home Affairs

Accountability of the CJEU

1. Ensuring the EU takes action

2. Sanctioning EU institutions

Role of the CJEU

Ensuring EU law is interpreted and applied the same in every EU country, ensuring countries and EU institutions abide by EU law

Types of EU Legislation

1. Regulations

2. Directives

3. Decisions

4. Recommendations and Opinions

EU Regulations

Binding law that applies directly in all member states without needing national implementation (e.g., GDPR).

Eu Directives

: Requires member states to achieve a specific result but lets them choose how (e.g., Seveso III Directive).

EU Decisions

Binding act addressed to specific individuals, organizations, or countries (e.g., infrastructure funding decisions).

Recommendations and opinions

Non-binding suggestions or positions (e.g., high-speed broadband deployment in 2013).

Court of Justice of the European Union (CJEU)

Ensures uniform interpretation and application of EU law across all member states.

Schrems II Case

CJEU case about Facebook's data transfers to the US, highlighting issues with U.S. privacy standards under EU law.

Transposing

EU Law to National Law

Goods, persons, services, curency

Main Principles of EEC

The European Economic Community (EEC) (1957)

Adoption of common policies, harmonization of laws between member states. Countries are giving up sovereignty.

European Union (EU)

A political and economic union aimed at peace and cooperation, especially in post-WWII Europe.

Types of Institutions and bodies EU

- The European Parliament

- The European Council

- The Council of the European Union

- The European Commission

The European Parliament

makes legislation elected legislative body of the EU that helps pass laws and represents EU citizens. Meets in Strasbourg and Brussels.