Unit 1 Legal System
Unit 1 Legal System
The study of law distinguishes between public law and private law, but in legal practice in
the UK the distinction between civil law and criminal law is more important to practising
lawyers. Public law relates to the state. It is concerned with laws which govern processes in
local and national government and conflicts between the individual and the state in areas
such as immigration and social security. Private law is concerned with the relationships
between legal persons, that is, individuals and corporations, and includes family law, contract
law and property law. Criminal law deals with certain forms of conduct for which the state
reserves punishment, for example murder and theft. The state prosecutes the offender. Civil
law concerns relationships between private persons, their rights, and their duties. It is also
concerned with conduct which may give rise to a claim by a legal person for compensation or
an injunction - an order made by the court. However, each field of law tends to overlap with
others. For example, a road accident case may lead to a criminal prosecution as well as a civil
action for compensation.
Substantive law creates, defines or regulates rights, liabilities, and duties in all areas of law
and is contrasted with procedural law, which defines the procedure by which a law is to be
enforced.
B. The constitution
The head of state is the monarch, currently the Queen in the UK, but the government carries
the authority of the Crown (the monarch). The Westminster Parliament has two chambers: the
House of Lords and the House of Commons, which sit separately and are constituted on
different principles. The Commons is an elected body of members. Substantial reform is being
carried out in the upper house, the House of Lords, where it is proposed that the majority of
members be appointed, with a minority elected, replacing the hereditary peers. There is no
written constitution, but constitutional law consists of statute law (see Unit 2), common law
(see Unit 3), and constitutional conventions.
C. Jurisdiction
Criminal law
1. ................................................................is law relating to acts committed against the law
which are punished by the state.
Public law
2 .................................................................. is concerned with the constitution or government of
the state, or the relationship between state and citizens.
3 ..................................................................
Procedural law is rules which determine how a case is administered
by the courts.
4 ..................................................................
Civil law is concerned with the rights and duties of
individuals, organisations, and associations (such as companies, trade unions, and
charities), as opposed to criminal law.
Substantive law (luật nội dung)
5 .................................................................. is common law and statute law used by the courts in
making decisions.
EXERCISE 1.2. Complete the sentences. Look at B and C opposite to help you. There is
more than one possibility for one of the answers
EXERCISE 1.3. Complete the table with words from A, B, and C opposite and related
forms. Put a stress mark in front of the stressed syllable in each word. The first one has
been done for you. Then complete the sentences below with words from the table.
Accede ac'cesstion
1. The ………………………is
legislature the body which has the function of making law;
normally it is the Parliament.
FURTHER READING
I. Legal system in Vietnam
The legal system of Vietnam is based on the socialism legal theory and inherited from French
civil law system.
National Assembly is the highest office responsible for the law making activities. Assisting its
operation in law making process is its Standing Committee and various subordinate offices.
The law drafting process is the tasks of the functioning agencies (ministries or ministerial
agencies) in the respected fields. Depending on the level of legalization of the drafted
document (stipulated by constitution), it will be submitted to the appropriate levels for
consideration, revision, and approval.
The highest legal document in Vietnam is the Constitution passed by National Assembly on
April 1992. Under the Constitution are laws, ordinances, decrees and other affiliate legal
documents dealing with different aspects of social life.