STUDENTS
1. LAWMAKING
1.2 Civil VS common law
You will be divided into two groups. You will get background information on either civil law or common law. Using the
text you were given, complete the table underneath and prepare to report back to the class to discuss any other
differences you have found in a structured presentation of 2-3 minutes.
CIVIL LAW COMMON LAW
Where? French, Dutch, German, Spanish or Portuguese colonies Former British colonies or protectators, including
or protectorates, including much of Central and South the US
America
Specific A written constitution Not always written constitution or
features? Legislative enactments = binding for all codified laws
Judge-made law: in theory no, in practice yes Judicial decisions = binding
Legislation and administrative acts need to stay If law does not expressly prohibit it, you
consistent can do it
More prescriptive Less prescriptive
Definition? A codified system of law, that originates from Roman law, Legal system is the foundation of the legal system
which is established by a state for its regulation and of most of the English-speaking countries of the
which is concerned with non-criminal matters, right and world, based on customs, usage and court
remedies. decisions
Also called: case law, judge made law
Less freedom of contract: many provisions implied into a
Contracts? Freedom of contract: few provisions are implied
contract by law BUT operation of law can solve Everything needs to be described!
inadequacies or ambiguities
Longer contracts
Shorter contracts
NOUN VERB ADJECTIVE
codex to codify codified
legislation to legislate legislate
enactment to enact enacted
prescription to prescribe prescriptive
prohibition to prohibit prohibited
custom to customise customary
inadequacy inadequate
Definition criminal law
,Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or
otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self.
1.2 Europe VS Belgium
So Belgium is part of the European Union, but what does this mean for our legal system? Where do we fit in and
what does Europe do for us?
A) The European Union
Underneath, you can find a text with gaps. Fill the gaps with words from the box.
https://www.britannica.com/topic/European-law SOLUTION
Substantial – supreme – constitutional – establishing – gradually – cooperation – breadth – supranational
The European Union (EU) is the most significant source of (1) European law. Since 1957, when the European
Economic Community (EEC) was created with the limited purpose of (2) a common economic market in western
Europe, the law of the EEC and its successor organizations has (3) expanded the scope of its authority over many
aspects of European economic and political life. At the same time, it acquired many characteristics of a (4) system
rather than an international organisation. For example, EU law is (5) over the national laws of EU member countries,
meaning that it has a direct effect upon national legal systems. Furthermore, EU law is interpreted and enforced
through the (6) of EU courts (such as the European Court of Justice) and the courts of EU member countries. Because
of the (7) of subject matter within its competence and its capacity to reach deeply into national legal systems, the EU
has successfully created an expansive legal system in which all of its member states participate. For example, there
are (8) bodies of European law in areas such as contracts, business law, labour law, immigration law, and consumer
law.
(1) Supranational (5) Supreme
(2) Establishing (6) Cooperation
(3) Gradually (7) Breadth = scope / width
(4) Constitutional (for countries) (8) Substantial
B) Laws Gallore
In the previous exercise, the EU was introduced as a source of law. Underneath you can find
how exactly they do this. Let’s see whether you understand the difference between the
different types of law they use.
1. Regulations A legal act of the European Union that becomes immediately enforceable as law
in all member states simultaneously.
2. Ordinance / by-law Law enacted by a town, city or county government
3. Bill Draft document before it is made into law
4. Directive Legal device used by the European Union to establish policies at the European
level to be incorporated into the laws of the Member States
5. Statues Formal written law enacted by a legislative body
Regulations
o = verordening
o forceful
o Verb: to adopt
o Vb. GDPR = General Data Protection Regulation
Directive
o = richtlijn
o Verb: to adapt
o Vb. Consumer rights
Statute
o Niveau: federaal, Vlaams, Waals, Brussels
Ordinance = by-law
o Law in town
o Vb. LEZ-zone
, Bill
o Verb: to ratify (noun: ratification)
o Volgorde: to ratify – to enact – to enforce
C) The Belgian court system
Of course, these laws need to be upheld in the member states.
Underneath you can find some words linked to the Belgian court
system . Link them to their correct definition.
https://e-justice.europa.eu/content_ordinary_courts-18-be-
maximizeMS-en.do?member=1 SOLUTION
Court of The main appellate court in the judicial system
Cassation/Supreme of Belgium, which ensures that the courts are
Court acting in accordance with law.
Labour Separate court with full legal power in the area
Tribunal/Court of employment law and social matters.
Commercial This court deals with disputes between traders
Tribunal/Court concerning sums of more than €1,860, but also
with very specific issues such as bankruptcies
or proceedings between shareholders of a
company.
Court of First This court has jurisdiction in all disputes that
Instance are not assigned by law to other courts, and
thus has what is called residual jurisdiction.
Civil magistrate’s This court deals with civil and commercial
court/Justice of the matters involving a sum of less than €1,860.
Peace
Police court This is a criminal and civil court that considers
minor offences, intermediate offences treated
as minor offences, breaches of specific laws,
claims for damages resulting from traffic
accidents and road traffic offences.
Assize Court A court that is only convened whenever a
person is accused of a serious crime that
cannot be treated or is not being treated as an
intermediate offence.
1.3 Criminal law
A) Civil VS criminal
Listen to the explanation given on the difference between civil and criminal law. Answer the questions underneath.
1. Fill in the gap: ‘First of all, a bit of nomenclature’
2. What kind of evidence is necessary to get guilt/liability in
a. A criminal case:
o GUILTY
o Evidence: ‘Beyond a reasonable doubt’
b. A civil case:
o LIABLE (liability)
o Evidence: ‘Preponderance of the evidence’
o Business cases
3. What is the relevance of the OJ Simpson case with regards to kinds of evidence?
He was acquitted of the murder of his ex-wife. There was enough doubt about his guilt. He was not guilty, but
he was liable.
4. Why is there a difference in the percentage of certainty needed in civil vs criminal cases?
, Criminal case: 95% certain VS Civil case: 51% certain
It’s all about money – the stakes are different: prison (criminal) VS damages (civil)
5. What is the difference between murder and wrongful death?
Murder = criminal matter VS wrongful death = civil matter
6. Why did OJ Simpson move?
To put his money into a big mansion, because Florida has a statue that says ‘In a civil case you can take their
money but you can’t take their house’. In California his house could be liquidated.
B) Civil VS criminal
As you already know, the legal system is divided into two subject matters: criminal law and civil law. Each subject
matter uses a particular kind of vocabulary. Complete the table, using the words in the box.
accused - damages - criminal offence – acquittal – plaintiff – sue – conviction - liable
Criminal law Civil law
crown court
1.
county court
1.
2. criminal offence a civil wrong
2.
to prosecute
3.
3. to sue
the prosecutor / prosecution
4.
4. plaintiff
5. accused the defence / defendant
5.
guilty
6.
6. liable
to convict ( = convition acquittal)
7.
to award damages / judgment for the plaintiff
7.
OEF In your own words - Explain the difference between criminal and civil law using the following words correctly in
your explanation: liable – to sue – damages – reasonable beyond doubt
Focus on structuring
Use the correct vocabulary
Avoid making the common mistakes
To convict – to sentence – to condemn
To convict: to declare someone to be guilty of a criminal offence by a jury / decision of a judge
To sentence: linked to the penalty / punishment only judge!
Is always correct if used in the context of a judge
o
To condemn: sentence someone to a specific (negative) punishment death penalty or life sentence in
prison
C) A criminal case
OEF 1: How does a criminal case usually start? Fill in the gaps in the text below. You can use the words in the box.
Indicted - plea – arraigned – bail – dismissed - plea bargain – counts – prosecutor - beyond a reasonable doubt -
probable cause - booking
1. To begin with, the police need to have probable cause in order to arrest a person who is suspected of
committing a misdemeanour or felony crime.
2. After this, the suspect is transported to the police station for questioning or to the county jail for booking.
3. Next, the arresting officer submits his report to a prosecutor (US: District Attorney for felony crimes and City
Attorney for misdemeanours), who then decides whether to file charges or not.
4. Subsequently, if the prosecutor believes that there is enough evidence to prove the suspect’s guilt beyond
reasonable doubt, he will file a criminal complaint with the court, consisting of several counts that each set
forth a separate criminal offence.
5. As soon as the complaint is filed, the suspect is indicted (i.e. formally charged) and arraigned to court.
6. Initially, the court will ask for your plea (guilty, not guilt or nolo contendere – no contest), will set bail and set
dates for a readiness conference and – in case of a felony - a preliminary hearing.
7. In the former, the case can be resolved by means of a plea bargain or another settlement.