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.

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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.

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

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There is a strong demand for economists/business students, particularly those who combine technical skills with good communication skills and team-work ability.

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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.

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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.

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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.

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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

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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 protect citizens´ from the government

(e.g. Bill of Rights)

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To protect minorities from majorities Setting standards of conduct behavior  To structure the government

(e.g. Constitution) To resolve disputes peacefully, 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 REASON FOR THE LAW

Took a bath Yes. Health Law

Water must be clean

Health

Brushed teeth Yes. Food and Drug Laws

Toothpaste must not be harmful to the health

Health

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ACTIVITIES AFFECTED BY LAW

HOW REASON FOR THE LAW

Ate breakfast Yes. Food Laws

Food need to be wholesome

Health

Caught the bus to school

Yes. Traffic Law

The bus driver must have a license

Safety

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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 and Bosnia have different legal

systems 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.

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 doesn’t 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 client’s 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 Herzegovina cannot 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 give businesspeople a framework for conduction their business◦ 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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