Law Block 2 Chapter 2 Samenvatni
What is law?
Law - A body of rules, created by the state, bindini within its jurisdicton and enforced with the
authority of the state throuih the use of sanctons
Rules - Commands aimed at reiulatni behaviour
Created by the state - Parliament is responsible for creatni most of the law, however, the content of
the law is determined by the European Union
Jurisdicton of the state – The law of law any country is only bindini within its territory
State enforcement - A sancton of penalty may be imposed in order to compensate the injured party
or punish the wronidoer
Characteristics of English law
The doctrine of bindini precedent – Enilish judies are bound to apply any relevant precedent
(previous decisions) of a senior court other European countries are iuided by rather than bindini
to precedent. EU Guided ENG bounded
Adversarial procedure – trial in which judies acts like acts like acts a referee in the contest between
two opposini litiants
Inquisitorial procedure – the judie helps to establish the evidence by actvely questonini witnesses
Why do we need law?
1. To provide a iovernmental structure and leiislatve procedures; consttutonal law
2. To provide public services and to raise taxes to pay for them; administratve law and revenue
law
3. To reiulate and promote the economy; administratve, civil and criminal law
4. To promote public order and preserve natonal security; criminal law
5. To iive individual member personal riiht and dutes in relaton to other and to enable
personal enforcement to these riihts: the civil law dutes may rise throuih aireement
between the partes (law of contract), or be imposed directly (law of tort)
Law of contact thouih aireement between the partes
Law of tort imposed directly
What is law?
Law - A body of rules, created by the state, bindini within its jurisdicton and enforced with the
authority of the state throuih the use of sanctons
Rules - Commands aimed at reiulatni behaviour
Created by the state - Parliament is responsible for creatni most of the law, however, the content of
the law is determined by the European Union
Jurisdicton of the state – The law of law any country is only bindini within its territory
State enforcement - A sancton of penalty may be imposed in order to compensate the injured party
or punish the wronidoer
Characteristics of English law
The doctrine of bindini precedent – Enilish judies are bound to apply any relevant precedent
(previous decisions) of a senior court other European countries are iuided by rather than bindini
to precedent. EU Guided ENG bounded
Adversarial procedure – trial in which judies acts like acts like acts a referee in the contest between
two opposini litiants
Inquisitorial procedure – the judie helps to establish the evidence by actvely questonini witnesses
Why do we need law?
1. To provide a iovernmental structure and leiislatve procedures; consttutonal law
2. To provide public services and to raise taxes to pay for them; administratve law and revenue
law
3. To reiulate and promote the economy; administratve, civil and criminal law
4. To promote public order and preserve natonal security; criminal law
5. To iive individual member personal riiht and dutes in relaton to other and to enable
personal enforcement to these riihts: the civil law dutes may rise throuih aireement
between the partes (law of contract), or be imposed directly (law of tort)
Law of contact thouih aireement between the partes
Law of tort imposed directly
