Miljen Matijašević Office: G10, room 6 (1st floor) Tue, 11:30-12:30.

Miljen Matijaevi Office: G10, room 6 (1st floor) Tue, 11:30-12:30 Todays session 1. Revision of the last session 2. American Federalism 3. Revision for the mid-term Criminal Procedure in the UK The Constitution of the RC Revision Criminal Procedure 1. Who are the parties in a criminal procedure? 2. What is the job of the police in criminal justice? 3. What are the categories of criminal offence? 4. What do you know about the burden and standard of proof? 5. Are all crimes prosecuted? 6. What do you know about summary offences? 7. What are triable either way offences? 8. What do you know trials at the Crown Court? The Crown Court Watch the video outlining the procedure before the Crown Court https://www.youtube.com/watch?v=tZYvv_s5R-s Revision Constitution 1. How do we define a constitution? 2. When was the Croatian Constitution adopted and how many times has it been amended? 3. What are some of the fundamental features of the RC, laid down in the basic provisions of the Constitution? 4. Name some basic rights provided for in the C.? 5. What government institutions are envisaged in the Constitution? 6. What do you know about the Constitutional Court? 1. The police investigate a crime, apprehend suspects and detain them in custody. 2. In the determination of his civil rights and obligations and of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. 3. The right to liberty and security governs matters pertaining to unlawful arrest and detention and lays down the conditions under which an individual can be deprived of his or her liberty. 4. The prosecutor must be sure that the evidence is legally admissible and reliable, taking account of the witnesses. 5. The defendant's silence may be adversely interpreted in the court. Translate the sentences Birth and Constitution The United States of America Capital: Washington, D.C. (largest city: New York City) Population: 306 million, Area: 9,8m km 2 Government: Federal constitutional republic comprising 50 states (48 continental + Alaska and Hawaii) and 1 federal district (District of Columbia) Founded by 13 British colonies who rebelled against British rule The Thirteen Colonies were: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina and Rhode Island The territory of these colonies also included 5 present- day states: Vermont, Kentucky, Tennessee, Maine and West Virginia The USA the beginnings Growth of the United States Mid 18th century: Britain exerted tax-levying power in the American colonies, while they were not represented in Parliament Two views: 1. the power of Parliament is undisputed; 2. colonies should get parliamentary representation Supporters of both views were present both in the Colonies and in British Parliament The USA the revolution The Boston Tea Party (1773) an act of rebellion against British rule Culmination of resistance that led to the first continental congresses conventions of representatives of the colonies), the American Revolutionary War, and ultimately the independence of the USA The USA the revolution First Continental Congress (1774) representatives of the 13 Colonies gathered and petitioned King George III to repeal acts that were imposing severe taxes on them the King refused, which led to more opposition and ultimately to war The USA - independence American Revolutionary War ( ) Armed conflict between the British Empire and the 13 Colonies several European countries joined in the war France and the Netherlands supplied arms and ammunition to the rebelled colonies The USA - independence Second Continental Congress (1775) Americans still celebrate Independence Day on the 4th of July to mark the signing of the Declaration of Independence (1776) The Declaration written largely by Thomas Jefferson at the Second Continental Congress The sovereignty of the United States of America recognized internationally in 1783 by the signing of the Treaty of Paris The USA - independence Second Continental Congress (continued) apart from the drafting of the Declaration of Independence, a committee was put together to draft a constitution for the United States The result was the Articles of Confederation and Perpetual Union the first constitution for the USA USA Constitution laid the foundation for a confederation of states, capable of making war, negotiating diplomatic agreements, and resolving issues regarding the western territories Confederation: did not provide for a strong central government relatively powerless regarding interstate conflicts and forcible collection of tax Articles of Confederation Criticised by federalists, supporters of the idea of federation Another criticism the Articles provided for a one state one vote system of central government, which was deemed unfair to the larger states They were expected to contribute more tax money but only had one vote USA Constitution Constitutional Convention in Philadelphia (1787) Organised at the initiative of Virginia Aim: to amend the Articles Main concern: the division of powers between the states and the nation USA Constitution Two main agendas proposed for the improvement of the Articles of Confederation: The Virginia Plan (by James Madison) The New Jersey Plan (by William Paterson) USA Constitution The Virginia Plan (Large State Plan) : bicameral legislature (House and Senate) both with proportional representation lower house elected by the people, upper by the lower executive selected by the legislature judiciary with life-term appointments, also appointed by the legislature USA Constitution The New Jersey Plan (Small State Plan) opposed to proportional representation, as it would give more power to larger states proposed a unicameral legislature with one vote per state (equal representation) USA Constitution The Great Compromise (the Connecticut Compromise): The Virginia Plan was amended so that the House of Representatives would remain the house with proportional representation, while the Senate would be structured according to the New Jersey Plan USA Constitution Constitution of the United States of America, adopted on 17 September 1787 Ratified by all 13 colonies between 1787 and 1790 the new government, structured under the new Constitution, constituted after the ratification by a majority of nine states (as required by the Articles of Confederation) in 1789 USA Constitution The original Constitution featured 7 articles It has since received 27 amendments, the first 10 of which are known as the Bill of Rights The US Constitution inspired by the ideas of the separation of powers, but also by the British experience of mixed government (some issues decided by the people, some by a selected group) The system of checks and balances between the branches of power USA Constitution The articles of the Constitution deal with the following areas: legislative power, executive power, judicial power, states powers and limits, amendments, federal powers, and ratification USA Constitution The Bill of Rights adds provisions regarding issues such as: freedom of religion, freedom of speech, freedom of press, freedom of assembly; the right to bear arms, the right to a jury trial, the Miranda rights (rights of the accused), etc. USA Constitution Exclusively national powers: coining money defense foreign relations Concurrent powers (exercised at both state and national levels) levying taxes regulation of commerce Division of powers State powers The Tenth Amendment provides that any powers not delegated to the United States, and not prohibited to be exercised by the States, are reserved for the States and the people i.e. states can exercise any legal powers and legislate in any areas not reserved for the United States (i.e. the national level), provided they are not in conflict with the Constitution and/or federal laws Division of powers Federal (national) level: The United States Congress The United States Congress enacts federal laws State level: state legislatures state legislatures (a.k.a. General Assembly, Legislative Assembly, etc.) enact state laws within their competence Legislative power in the US The Congress convenes in the US Capitol in Washington DC (535 congressmen) United States Congress House of Representatives (435 representatives) proportional representation Senate (100 senators) two senators per state all congressmen chosen in a direct election Federal legislative body consent of both houses required to enact bills Powers: financial and budgetary matters, collecting federal tax, national defense (declaring war), establishing federal courts under the Supreme Court, admission of new states to the union, regulation of commerce between states and with other countries, supervision of the executive (investigation, impeachment and removal of the President, federal judges and other federal officers), appointment of members of the Cabinet and judges (on the Presidents proposal) United States Congress Each house has some reserved powers: House of Representatives: proposing bills on tax collection, power of impeachment of federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors Senate: ratification of treaties, confirmation of top presidential appointments, trying cases of impeachment United States Congress Impeachment a simple majority in the House is required to impeach an official a two-thirds majority in the Senate is required for conviction a convicted official automatically removed from office in addition, the Senate may stipulate that the defendant be banned from holding office in the future. United States Congress Bills may originate in either house, except for tax- related bills (only HoR), and are sometimes prepared by pressure groups or lobbyists (corporations, labour unions, etc.) Houses may amend bills, but they must be approved and voted by both houses in order to become law Legislative procedure An adopted bill is submitted to the President for signature The President may veto a bill, returning it to Congress with objections In such a case, the Congress may only override the veto with a two-thirds majority vote Legislative procedure Executive power in the USA lies in the hands of the President of the United States Responsible for implementing laws enacted by Congress The Cabinet heads of 15 executive departments (14 Secretaries and Attorney General head of the Department of Justice) Advisory body assisting the President The Executive (the USA) federal powers state powers parliamentary representation to impose taxes to levy taxes sovereignty confederation federation proportional representation equal representation Bill of Rights checks and balances delegated powers reserved powers to exercise powers congressman representative senator impeachment ratification Discuss the following vocabulary items! American Federalism Revision American Federalism 1. What is the political organisation of the USA? 2. Why did the British colonies want independence? 3. What were the products of the Second Continental Congress? 4. Why wasn't the confederal government effective? 5. What was the main complaint of the larger states? 6. What were the contents of the Virginia and New Jersey plans and where were they presented? Revision American Federalism 7. What do you know about the US Constitution/Bill of Rights? 8. How are powers divided between the nation and the states? 9. What is the federal legislature of the US? How is it constituted? 10. What are the reserved powers of the houses? 11. Who holds the executive power in the USA? 12. Are they involved in the legislative process? purpose conduct impose neglect infraction conform enforce coercion COMPLETE USING THE WORDS ABOVE 1. _______ is another word for duress, which means forcing someone to do something. 2. Law is a system of rules with a certain social _______. 3. Failure to _______ to the law may lead to penalties. 4. When you break the law, this is called a(n) _______. 5. The legislature enacts laws and the courts _______ them. 6. Laws are _______ by governments. They also reserve the right to punish _______ which can be interpreted as _______, which means disregard, or violation of the law. purpose conduct impose neglect infraction conform enforce coercion COMPLETE USING THE WORDS ABOVE 1. COERCION is another word for duress, which means forcing someone to do something. 2. Law is a system of rules with a certain social PURPOSE. 3. Failure to CONFORM to the law may lead to penalties. 4. When you break the law, this is called a(n) INFRACTION. 5. The legislature enacts laws and the courts ENFORCE them. 6. Laws are IMPOSED by governments. They also reserve the right to punish CONDUCT which can be interpreted as NEGLECT, which means disregard, or violation of the law. common remedy source precedent enact treaty substantive extradition COMPLETE USING THE WORDS ABOVE 1. _______ is a matter of international criminal law. 2. Equity provides alternative legal _______ to those of _______-law courts. 3. _______ law is the opposite of procedural law. 4. Common law can refer to the legal system or only one of four _______ of English law. 5. Signing international _______ is a matter of international public law. 6. English law includes laws based on customs, judicial _______ and laws _______ by Parliament. common remedy source precedent enact treaty substantive extradition COMPLETE USING THE WORDS ABOVE 1. EXTRADITION is a matter of international criminal law. 2. Equity provides alternative legal REMEDIES to those of COMMON-law courts. 3. SUBSTANTIVE law is the opposite of procedural law. 4. Common law can refer to the legal system or only one of four SOURCES of English law. 5. Signing international TREATIES is a matter of international public law. 6. English law includes laws based on customs, judicial PRECEDENTS and laws ENACTED by Parliament. Translate the following paragraph The division between public and private law is considered very important in English law. Generally speaking, private law includes those areas of law involving private citizens, while public law is that area of law in which the state has a direct interest. Thus public law is generally considered to consist of administrative and constitutional law. Revenue law and criminal law might be added to this. However, cases like an ordinary civil action (breach of contract) against a public authority do not clearly belong to either branch. Translation (example) Podjela na javno i privatno pravo smatra se vrlo vanom u engleskom pravu. Openito govorei, privatno pravo ukljuuje ona podruja prava koja se tiu privatnih osoba, dok je javno pravo podruje prava u kojem drava ima izravan interes. Stoga se openito smatra da javno pravo ukljuuje upravno i ustavno pravo. Tu moemo dodati porezno i kazneno pravo. Me utim, predmeti poput obine gra anske parnice (krenja ugovora) pokrenute protiv javnog tijela ne pripadaju jasno nijednoj od te dvije grane prava. Complete the text with appropriate words The British Parliament consists of the s__________ (the Queen), the House of __________, and the House of __________. They debate b __________ and if both Houses approve, the Queen must give the R_________ A__________ before it can become an A________ of Parliament. The parties in civil procedure are referred to as the c__________ and the d__________. In criminal trials, it is the State that p__________. Complete the text with appropriate words The British Parliament consists of the sovereign (the Queen), the House of Commons, and the House of Lords. They debate bills and if both Houses approve, the Queen must give the Royal Assent before it can become an Act of Parliament. The parties in civil procedure are referred to as the claimaint and the defendant. In criminal trials, it is the State that prosecutes. Complete the text with appropriate words Trials for small criminal offences take place in m__________ courts. Serious criminal offences are tried in the C__________ court, where there is a j_________. The four sources of English law are common law, e_________, s________ law and EU law. Common law was introduced after the invasion of the Norman French in __________ (year!). The following areas of law are considered public law: a__________ law, c__________ law, c__________ law and r__________ law. Complete the text with appropriate words Trials for small criminal offences take place in magistrates courts. Serious criminal offences are tried in the Crown court, where there is a jury. The four sources of English law are common law, equity, statute law and EU law. Common law was introduced after the invasion of the Norman French in 1066 (year!). The following areas of law are considered public law: administrative law, constitutional law, criminal law and revenue law. Complete the text with appropriate words ___________ law is law relating to acts committed against the law which are punished by the state. ___________ law is rules which determine how a case is administered by the courts. ___________ law is law enacted by Parliament. ___________ law regulates issues of employment, dismissal, the rights and duties of workers and employers. Legal aid can be obtained in the form of legal r___________ (speaking on someones behalf) or legal a___________ (counselling). Complete the text with appropriate words Criminal law is law relating to acts committed against the law which are punished by the state. Procedural law is rules which determine how a case is administered by the courts. Statute law is law enacted by Parliament. Labour/Employment law regulates issues of employment, dismissal, the rights and duties of workers and employers. Legal aid can be obtained in the form of legal representation or legal advice. Translate the following terms Public authority Precedent Bill Negligence Defamation Claim Company law Indictable offence Translate the following terms Public authority javno, upravno tijelo Precedent presedan Bill prijedlog zakona Negligence nemar Defamation kleveta Claim tuba Company law pravo (trgovakih) drutava Indictable offence teko kazneno djelo Good luck! Thank you for your attention!