1, What is national law?

a. Vietnamese law
b. UK law
c. US law
2. From the perspective of the UK, what is
national law?
a. Vietnamese law
b. UK law
c. UK-Vietnam Free Trade Agreement
3. From the perspective of the UK, what is
international law?
a. Vietnamese law
b. UK law
c. UK-Vietnam Free Trade Agreement
1. National v. International Law

Types International law

Criteria National Law

Similarities Laws are legally enforceable rules made by authorities within a society.

Dissimilarities

- Names Domestic law, Municipal law

- Makers Every single state >= 2 states

- E.g. Vietnam law, … International Trade Law,…

- Spatial scope Within state territory (exception extra- Among states

of application territorially)
2. Substantive v. Procedural Law
1. What is substantive law?
a. Written statutory rules
b. The mechanics of how to process a case
c. The standard by which the courts operate
d. A loose set of rules and regulations
2. What is procedural law?
a. The mechanics of how a legal case flows.
b. Written or statutory law passed by the legislature.
c. The interpretation of the criminal code.
d. The responsibilities citizens owe each other.
3,

“Where a seller delivers property in a quantity which is more than that agreed, the purchaser has
the right to accept or not to accept the excess”
=> Substantive Law

“A purchaser must pay the full price at the agreed place and time”
=> Procedural Law

“The time-limit within which a request may be made to a court to declare a civil transaction
invalid […] shall be two years […]”
=> Procedural law

Types
Substantive Law Procedural law
Criteria

Similarities Laws are legally enforceable rules made by authorities within a society.

Dissimilarities

Deals with the substance of the Give a step by step action plan on
case, how the charges are to be how the case is supposed to proceed
handled and how the facts are to be in order to achieve the desired goals.
Subject-matters
dealt with.
Contents

Contract law, Property law, Indian Code of Civil Procedure, Code of

E.g. Penal Code, … Criminal Procedure,…
3. Public Law v Private Law

Constitutional law Public Law

Administrative law Public Law

Criminal law Public Law

Commercial law Private Law

Property law Private Law

Family law Private Law

Law of succession Private Law

Labour law Private Law

Types
Public Law Private Law
Criteria

Laws are legally enforceable rules made by authorities within a society.

Similarities

Dissimilarities

- Subject Defines the powers and obligations Characterizes the rights and
matters/ of the state and establishes the rights. obligations of people and private
- Contents bodies.

- Subjects/ Among the individuals and the Among people and private
- Parties to governments. bodies.
relations

Constitutional law, administrative Civil law, labour law,

law and criminal law. commercial law, corporate law,
- E.g. competition law.
 4. Civil v Criminal Law

Types
Civil Law Criminal Law
Criteria

Similarities Laws are legally enforceable rules made by authorities within a society.

Dissimilarities

Concerned with behaviour between Concerned with behaviour that

- Subject one individual and another affects not only the individuals
matters/ - Contents individual. directly involved but also the welfare
of the society as a whole.

Aim To regulate the rights and duties To regulate the behaviour of

between parties. individuals as members of the
community and to protect the
interests of society.

Disputants Between one individual and another

individual.

“Preponderance of evidence” The “Beyond a reasonable doubt”: Burden

Burden of Proof burden of proof falls on  the plaintiff. of proof is always on the
(Who has to prove?) state/government.

Standard of Proof Party making the claim is ussually The prosecution is requied to prove
(How much evidence required to prove its allegations the criminal allegations against the
is sufficient to win a against the defendant to the court on accused in court beyond a resonable
lawsuit?) the  balance of probabilities. doubt.

The defendant is liable or not liable. The defendant is either guilty or not
Verdict guilty.

Settle the dispute between the parties Punishment is given to the wrong
concerned, wherein compensation doers, or fine may be imposed.
Remedies may be provided to the aggrieved
party.
1. Penny sues Desmon for breach of contract asking for and obtaining Civil Law
damages of £10,000.

2. Agatha is being prosecuted for an offence. She thinks that she cannot Criminal Law
be sentenced to more than six months imprisonment or fined more than
£5,000.

3. Force Marriage Criminal Law

5. Exercise: Civil or criminal law? and Why?

1) An armed team broke into the bank; Criminal Law

2) A works for a confectionery company and the company failed to pay Civil Law
him salary for 2 months;
3) A has his house for foreigner rent; Civil Law
4) A killed B for money; Criminal Law
5) While driving the car beyond speed limits, A crashed into B and Criminal Law
made him injured;
6) A married couple wanted to divorce Civil Law
7) A seller failed to deliver goods on time to his buyer Civil Law
8) A customer got poisoned after having lunch in a restaurant; Civil Law
9) Disagreeing with each other on how to share the house left by a Criminal Law
father, the two brothers fought each other until death;
10) Being much impressed by huge profits, A involved in trafficking Criminal Law
heroine;
11) A involved in trafficking newly born babies abroad; Criminal Law
12) A company makes his drinking products having labels easy to Civil Law
confused with Lavie.

6. Exercise: Which of the above cases fall into:

• National Law or International Law?
• Substantive law vs procedural law?
• Public law vs private law?
 Types of Laws Public Private Substantive Procedural Civil Criminal
Case Law Law Law Law Law Law
A claim for non-
payment of a debt x
worth $5000
A claim for personal
injury from a motor
x x
accident for approximately
$130,000
A dispute between a citizen
and the federal tax x
commissioner
A constitutional dispute
x
between states in Australia
A murder charge x x
Parties negotiate to settle
x
their disputes
A court dismisses a case
x
for the lack of jurisdiction.