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1. About Law, Branches of Law – revision
2. Civil vs. Criminal Law
3. State Governance
Today’s session
revision
About law1. Provide a definition of law.
2. Compare the natural law theory and legal positivism!
3. What do you know about the procedural functions oflaw?
4. What social and economic arrangements does itfacilitate?
5. What rights does it protect?
Homework check
exercises pp. 13-14
Translate the following terms
legal regulation
purchase and sale
property
coercion
breach
enforce
consensus
provision
Translate the following terms
legal regulation – pravno/zakonsko uređenje
purchase and sale - kupoprodaja
property – imovina
coercion – prisila
breach – kršenje
enforce – provesti, provoditi (zakon)
consensus - konsenzus
provision – odredba
Branches of Law
1. Explain the differences between:
a. international, national and supranational law
b. substantive and procedural law
c. private and public law
2. Translate them into Croatian.
Branches of Law3. What do the following branches of law concern:
a. constitutional law
b. administrative law
c. family law
d. employment law
e. tort law
f. law of succession
g. company law
4. Translate them into Croatian.
Unit 2
Remember the difference!1. CRIMINAL LAW
2. CIVIL LAW
1: involves the prosecution of and punishment for crimes by the state
2: non-criminal law, deals with disputes betweenindividuals and regulates other areas of life notinvolving the state
Civil vs. criminal law
Read about the principal procedural differencesbetween civil and criminal law (pp. 20 and 21)
Sort relevant terms into three columns:
civil
criminal
civil and criminal (both)
Civil vs. criminal law CIVIL: claim, claimant, sue, order/award of damages;
CRIMINAL: criminal offence, prosecute, offender, punish, prosecutor, accused, plead guilty, jury, verdict, pass a sentence, imprisonment, acquit;
BOTH: wrongdoer, settle, defendant, case, judge, enterjudgment, trial, take action
CIVIL ALSO: liability, find for the claimant/defendant
CRIMINAL ALSO: convict
Terminology of civil and criminal lawCRIMINAL LAW
criminal offence
prosecution by the state
the accused pleads guilty/not guilty
reaching a verdict (decision on guilt)
conviction or acquittal
passing a sentence (punishment)
fine or imprisonment
Translate the terms into Croatian!
Terminology of civil and criminal lawCRIMINAL LAW
criminal offence – kazneno djelo
prosecution by the state – kazneni progon od strane države
the accused pleads guilty/not guilty – okrivljenik se izjašnjava krivim/poriče krivnju
reaching a verdict (decision on guilt) – odlučivanje o krivnji
conviction or acquittal – osuđujuća ili oslobađajuća presuda
passing a sentence (punishment) – izricanje kazne
fine or imprisonment – novčana ili zatvorska kazna
Terminology of civil and criminal lawCIVIL LAW (mostly concerns contract and tort law)
private dispute
protection of private rights and interests
individuals take legal action/sue the defendant
proving liability
judgment in favour of the claimant or defendant
an order/award of damages
Translate the terms into Croatian!
Terminology of civil and criminal lawCIVIL LAW
private dispute – privatni spor
protection of private rights and interests – zaštita privatnih prava i interesa
individuals take legal action/sue the defendant –pojedinac pokreće postupak/tuži tuženika
proving liability – dokazivanje odgovornosti
judgment in favour of the claimant or defendant –presuda u korist tužitelja ili tuženika
an order/award of damages – odluka o naknadi štete
Exercises
p. 22 / ex. VII, VIII
Unit 6
State Governance Discuss the meanings of the following terms:
1. government
2. democracy
3. the people
4. parliament
Who runs our country? Who has the most power? Isit one person or a body of persons?
Separation of Powers What do you know about the concept of ‘separation of
powers’?
separation of powers:
legislative power
the power to make law
executive power
the power to control the state budget and enforce the law
judicial power
the power to enforce the law in the event of a dispute orprosecution
Separation of Powers the idea of the concept – separation of powers between
different persons:
legislative power – legislative branch of government
executive power – executive branch of government
judicial power – judicial branch of government
system of checks and balances
ways in which the three branches control one anotherand limit each other’s power
The Legislative Branch legislative authority: a LEGISLATURE
usually called a parliament or assembly
HR: Sabor, UK: Parliament, USA: Congress
represents the people (embodiment of democracy)
consists of elected representatives
unicameral or bicameral
the upper chamber may not be elected but appointed orelected by the lower
Q: What are the typical powers of legislative bodies?
The Legislative Branch typical powers:
debating legislative proposals
enacting law
approving the state budget
ratifying treaties
confirming the government
controlling/scrutinizing the work of the executive
debating current issues
legislative proposals may be drawn up by thegovernment or parliamentary representatives
The Legislative Branch Discuss the meaning of the following terms and try to
translate them into Croatian:
legislature
parliament
legislative chamber
unicameral/bicameral
elected
state budget
draw up
legislative proposal
enact law
The Legislative Branch Discuss the meaning of the following terms and try to
translate them into Croatian:
legislature – zakonodavno tijelo
parliament – parlament (npr. u Hr: Sabor)
legislative chamber – dom zakonodavnog tijela
unicameral/bicameral – jednodomni/dvodomni
elected – izabran (od glasača)
state budget – državni proračun
draw up - sastaviti
legislative proposal – prijedlog zakona
enact law – usvojiti, donijeti zakon
The Executive Branch executive branch:
central body – the GOVERNMENT
in English-speaking countries: the CABINET
presided over by a PRIME MINISTER
other executive bodies: the ministries, administrations, government offices, agencies, the police, the taxadministration, etc.
in some countries also: PRESIDENT
in presidential systems, the president has considerablepowers (France, USA)
in semi-presidential, his powers are limited (Croatia)
The Executive Branch
the government/cabinet consists of ministers
sometimes also known as ‘secretaries’
each is responsible for a government department(ministry)
Q: What are the typical powers of the executivebranch?
The Executive Branch typical powers:
designing policies in all areas of the life of a state(educational, social, employment, agricultural, industrial policy, etc.)
allocation of state budget funds
state budget proposed to the legislature for confirmation
once confirmed, it is implemented (money is spent as planned)
policies require a legislative basis – drawing uplegislative proposals to be voted and enacted by thelegislature
The Executive Branch constituting a government:
the party who wins the election chooses a person to bethe prime minister
usually the president of the winning party, but it may beanybody
the choice may be subject to the approval by thelegislature and/or the president
the prime minister selects member of hisgovernment/cabinet
this may also be subject to the approval by thelegislature
The Executive Branch Discuss the meaning of the following terms and try to
translate them into Croatian:
design policies
implement a development strategy
allocate state budget funds
government (in the narrow sense)
government department
subject to approval by the legislature
The Executive Branch
design policies – kreirati politike
implement a development strategy – provoditi strategiju razvoja
allocate state budget funds – dodijeliti proračunska sredstva
government (in the narrow sense) – vlada
government department – ministarstvo
subject to the approval by the legislature - podliježe odobrenju od strane zakonodavnog tijela
The Judicial Branch the court system
a hierarchy of courts with a supreme court on the top
first-instance courts: trial courts
they hear cases
second-instance courts: appeal courts
multiple levels possible
specialized courts also very common
the supreme court: last instance for appeals
The Judicial Branch powers:
forums for resolution of disputes and prosecution ofcrimes
enforcement of law/adjudication in all types of cases
crucial requirement: impartiality
judges prohibited from engaging in political activity
however, judicial appointments may be subject to political involvement: the choice of the legislature orthe executive in some countries
The Judicial Branch Discuss the meaning of the following terms and try to
translate them into Croatian:
enforce the law
adjudication
consistent application of the law
first-instance court
court of appeal
supreme court
The Judicial Branch Discuss the meaning of the following terms and try to
translate them into Croatian:
enforce the law – provoditi zakon
adjudication – sudsko odlučivanje
consistent application of the law – dosljedna primjena zakona
first-instance court – prvostupanjski sud
court of appeal – žalbeni sud
supreme court – vrhovni sud
Checks and Balances
Do you know of ways in which the powers vested in thethree branches overlap?
What mechanisms of mutual control do you knowbetween the three branches?
Checks and Balances legislative power – sometimes conferred on the
executive branch
government can make emergency regulations
ministers, local authorities, and other executive bodiesmay sometimes issue regulations
the legislature can vote to remove members ofgovernment or the entire government (cast a vote of no confidence)
in some countries, some courts can abolish provisions oflaws, entire laws and/or invalidate decisions if they findthem to be unconstitutional
Checks and Balances Discuss the meaning of the following terms and try to
translate them into Croatian:
to expedite a procedure
lay down an emergency law
take effect
cast a vote of no confidence
abrogate a provision of law
invalidate a decision
Checks and Balances Discuss the meaning of the following terms and try to
translate them into Croatian:
to expedite a procedure – ubrzati postupak
lay down an emergency law – donijeti hitan propis
take effect – stupiti na snagu
cast a vote of no confidence – izglasati nepovjerenje
abrogate a provision of law – ukinuti odredbu zakona
invalidate a decision – poništiti odluku
Words easily confused
enact a law
enforce the law
implement a strategy, a policy
legislative
legislature
legislation
Words easily confused
enact a law – donijeti zakon
enforce the law – provoditi zakon
implement a strategy, a policy – provoditi strategiju, politiku
legislative, adj. – zakonodavni
legislature, n. – zakonodavno tijelo
legislation, n. – zakonodavstvo (zakoni)
The State Budget
propose the state budget
adopt the state budget
implement the state budget
Q: Who does these actions and what do they mean?
The State Budget
propose the state budget
predložiti proračun (vlada)
adopt the state budget
usvojiti proračun (parlament)
implement the state budget
provoditi proračun (vlada)
Vocabulary practice
exercises pp.42-43/III-VII
Thank you for your attention!
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