Lesson 1: Basics
1 The law and its importance
laws
- all the rules that could result in the courts deciding to take action against someone if they
break them
- a set of rules enforced by the state
- give us rights, which others must respect
2 Branches of law
private law
- regulates the relationships between private persons
- examples: family law, the law of succession, the law of property, the law of contracts,
commercial law, and the law of corporations (private companies)
public law
the actions and the behavior of the state are regulated
constitutional law
sets the basic rules for the organization of the state and the government
criminal law
prohibiting, punishing, and prosecuting offensive behavior of the citizens
international law
relationship between the states themselves and international institution
main areas of private law
contract
- “pacta sunt servanda” meaning promises should be kept
- offer and acceptance: contain the element of reciprocity meaning that person 1 must offer
the terms and conditions of his proposal, and for it to become a contract these terms must
be accepted by person 2
- intention to be legally bound: the final, simple requirement for a contract
tort
deals with civil wrongs, meaning somebody damaging your property
Lesson 1 1/6
, family law
governs the relationships created in a family by marriage and birth
successions law
consequences of the death of a person on his estate and his successors
property law
the study of real and personal proprietary rights; transfer of property, mortgages, landlord
and tenant relationships, registrations of land
trust law (not known in CH)
- ownership by beneficiaries is split from control by trustees
- beneficiary: receive all or part of the profits
- trustee: only receives a for as compensation for his services, without becoming the owner
of the beneficiary of the trust
main areas of public law
constitutional law
- the division of power between different arms of government and how the government
works in elections and in parliamentary procedure
- human rights values
- democratic core principles
international law
relations between nation states
criminal law
- the state of prosecution must show that the convicted person had a “guilty mind” and
committed a “guilty act”
- guilty mind: intent
- guilty act: offense
3 The comparative perspective on law
- each society has its own legal rules
- English Law is the father of common law and equity and is used in Commonwealth
countries or former countries from the British Empire
- the doctrine of precedent (generates judge-made law)
civil law
- a codified system of law, which is made by the parliament and the government
- judges merely interpret the laws in the individual case
Lesson 1 2/6
1 The law and its importance
laws
- all the rules that could result in the courts deciding to take action against someone if they
break them
- a set of rules enforced by the state
- give us rights, which others must respect
2 Branches of law
private law
- regulates the relationships between private persons
- examples: family law, the law of succession, the law of property, the law of contracts,
commercial law, and the law of corporations (private companies)
public law
the actions and the behavior of the state are regulated
constitutional law
sets the basic rules for the organization of the state and the government
criminal law
prohibiting, punishing, and prosecuting offensive behavior of the citizens
international law
relationship between the states themselves and international institution
main areas of private law
contract
- “pacta sunt servanda” meaning promises should be kept
- offer and acceptance: contain the element of reciprocity meaning that person 1 must offer
the terms and conditions of his proposal, and for it to become a contract these terms must
be accepted by person 2
- intention to be legally bound: the final, simple requirement for a contract
tort
deals with civil wrongs, meaning somebody damaging your property
Lesson 1 1/6
, family law
governs the relationships created in a family by marriage and birth
successions law
consequences of the death of a person on his estate and his successors
property law
the study of real and personal proprietary rights; transfer of property, mortgages, landlord
and tenant relationships, registrations of land
trust law (not known in CH)
- ownership by beneficiaries is split from control by trustees
- beneficiary: receive all or part of the profits
- trustee: only receives a for as compensation for his services, without becoming the owner
of the beneficiary of the trust
main areas of public law
constitutional law
- the division of power between different arms of government and how the government
works in elections and in parliamentary procedure
- human rights values
- democratic core principles
international law
relations between nation states
criminal law
- the state of prosecution must show that the convicted person had a “guilty mind” and
committed a “guilty act”
- guilty mind: intent
- guilty act: offense
3 The comparative perspective on law
- each society has its own legal rules
- English Law is the father of common law and equity and is used in Commonwealth
countries or former countries from the British Empire
- the doctrine of precedent (generates judge-made law)
civil law
- a codified system of law, which is made by the parliament and the government
- judges merely interpret the laws in the individual case
Lesson 1 2/6
