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 ruleExplain the characteristics of the lawState its purposesDistinguish between civil and criminal law.*

What is Law? Categories of LawSources of LawBrief 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 efficientlyFinancial 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 institutionsAccountants 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 lawto 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 lawto give legal validity to approved relationships and transactions between members of the society

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To enforce moralityMaintains social controlProtects public orderTo resolve disputesProtects certainty of systemsBrings out justice in societyTo protectcitizens fromthe government (e.g. Bill of Rights)*

Toprotect minorities from majoritiesSetting standardsofconductbehaviorTostructurethegovernment (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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ACTIVITIESAFFECTED BY LAWHOWREASON FOR THE LAWTook a bathYes. Health LawWater must be cleanHealthBrushed teethYes. Food and Drug LawsToothpaste must not be harmful to the healthHealth

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ACTIVITIESAFFECTED BY LAWHOWREASON FOR THE LAWAte breakfastYes. Food LawsFood need to be wholesomeHealthCaught the bus to schoolYes. Traffic LawThe bus driver must have a licenseSafety

to make a student aware about lawlaw is helpful in maintaining business in legal waysto make us aware of the legal issues involving businesses and how to deal with themto 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!*

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 sanctionsA set of rules and procedures usually intended to regulate some aspect of society*

Law provides rulesIt tells us what we can and cannot doTherefore, it is important for a businessperson to know the rules which apply to them*

Different countries have different forms of law and social orderIn this module, we shall be looking at some of the principles of English LawHowever, many of these principles can be found in other legal systemseven if the details are different*

Law is a very large field, and it is common to divide it into categoriescommon law and civil lawprivate law and public lawcivil law and criminal law *

A legal system is the way the law is structured and operated in a countryEngland and Bosnia have different legal systemsCommon Law and Civil Law are terms used to describe legal systems*

Common Law is used to describe legal systems based on the English legal systemThese are usually countries which were once part of the British Empireeg: America, Australia, New Zealand*

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, GermanyBosnia and Herzegovina is usually classified as a civil law system and it is based on Roman Law*

Common LawCase law and the courts are most important source of lawCivil LawConsists 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*

Private Law deals with the relationships between ordinary people in everyday transactionsThat includes you and me, as well as businesses and companiesPrivate Law includes the law of contract and the law of tort*

*Individual Individual

Law regulates relationship between themExamples 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 citizensalso between different government organisationsPublic Law includes constitutional law, administrative law, and criminal law*

*State State Bodies

Individual Law regulates relationship between themExamples 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*

In this category, civil law deals with the relationships between individual citizensIts purpose is to settle arguments between individualsIt helps people to find remediesit doesnt really punish peopleCivil Law includes all Private Law and some Public Law*

Criminal Law deals with rules created by the State which forbid certain behaviourThese are crimesCriminal Law punishes peopleit does not provide remediesCriminal Law is usually what people think of when they think about The LawCriminal Law is part of Public Law*

A very important difference between criminal law and civil law relates to court casesIn a criminal case, the prosecutors (ie the State) must prove their case beyond reasonable doubtIn a civil case, the parties only have to prove their case on the balance of probabilities*

European UnionDomestic LegislationConstitutional LawStatutory LawCase Law*

The B&H is not a member of the European UnionThe EU has the power to create rules and regulations which apply in its member states*

Domestic legislation is created by ParliamentIt only applies to Bosnia and HerzegovinaEU laws apply to all EU membersDomestic legislation is introduced by the government*

We said earlier that the B&H legal system is a civil law system, so legislation is the main source of law in B&HHowever, the courts are still important as they help to interpret the legislation*

Each piece of legislation is an Act of ParliamentThey are recorded in statute books which anyone can refer to and publish in Official Gazette *

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*

The facts and decisions in important cases are recorded in books called law reportsLawyers refer to these when they advise their clientsthey are arguing their clients case in court*

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*

The Bosnian legal system is distinct from other legal systems, but its structure is similar to civil systems like France and GermanyBosnian legal experts view legislation as more important than case lawIn fact, case law is not considered to be a source of law in Bosnia and Herzegovina*

Sources of law in Bosnia and Herzegovina:Statutes made by the The Parliamentary Assembly of Bosnia and Herzegovina have the highest authorityconstitutional laws, civil codes, and criminal codesAdministrative 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. *

EnglandCommon Law systemSources of LawEuropean UnionDomestic LegislationCase LawCase Law important in developing and explaining the law.B&HCivil Law SystemSources of LawDomestic Legislation Case Law not important. Only used by lower courts when the law is unclear.*

Law provides rules which give businesspeople a framework for conduction their businessthey know what they can and cannot doCategories of lawCommon Law and Civil Law refer to legal systemsEngland has a common law systemBosnia and Herzegovina has a civil law system*

Categories of law (cont.)Private Law and Public Lawprivate law concerns individualspublic law concerns institutions of state*

Categories of law (cont.)Civil Law and Criminal Lawcivil law deals with relationships between individualscriminal law deals with forbidden behaviourSources of Bosnian LawDomestic Legislation*

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