Topic 1:

Theories of states and law

I/ Origin of States and Law
1. Origin of States
2. Origin of law
II/ Styles, Forms, Functions of States and
Law
1. Styles, Forms, Functions of States
2. Styles, Forms, Functions of Law

1
 Topic 1:
Theories of states and law (cont.)
III/ States and Law in Capitalist Countries
IV/ State and Law in Socialist Countries
1. Vietnamese State
2. Law in Vietnam
3. Legal Norms
4. Legal Relations

2
Session 1: Origin of States
 Session Objectives
• Explain the origin of states
• Define states
• Understand the essence of states
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism

Wh-questions
WHEN? When did the state appear?

WHO? Who makes the state?

WHY? Why does the state appear?

WHAT? What is the state?

5
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism

Primitive Slave Feudal Capitalist Socialist

community Possession Period Period Period WHAT
1. WHEN? X ✓ ✓ ✓ X NEXT?
2. WHO? capitalist = 4 ban

Upper class Slave owners Land-owners Bougeoisie

3. WHY?
Class division X ✓ ✓ ✓ X
Slave owners Land-owners Bougeoisie

Slaves Farmers/ Workers/

Peasants Proletariat
Private
ownership X ✓ ✓ ✓ X
productivity => surplus of production => private ownership
The rich vs the poor 6
(productivity = labors + tools + object of labor) unlimited surplus => unlimited
productivity => Public ownership
I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Reasons for State Formation
Primitive community/ classless society

Class society State

3 times of specializations

7
 Homework of Session 1
Explain two more theories on States and Law

Criteria Marxism and Theory 1 (Name) Theory 2 (Name)

Leninism
WHEN?
(state/law exists)
WHO?
(makes state/law)
WHY?
(state/law exists)
WHAT?
(state/law is …)
(essence is …)

Put your answers in a .ppt or .doc file to present to the class!!!

 What is a State?
• Special political organization
• Protecting the rights and interests of the
ruling classes
• Maintaining the stability of the society
• Having enforcement power

9
 Individual Organization

a group of individuals

Types

Political Econ. Educational Religious etc.

Org. Org. Org. Org.
Political Compani Schools Churches
E.g. Parties es/firms Uni.s Temples
States
Belief/
State $$$ Knowledge Creed
Objectives ruling/Sta Profit- Discovery/ Creation/Enforce
te making Transfer/ ment/Missionary
powers/ Dissemination tasks

Specialties Territory + People

Taxation
State powers
 Powers of a state

Legislative Executive Judicial

power power power

Power to make Power to Power to

law administer law enforce law

Legislature Executive Judiciary

National Government Court
Assembly Administration Prosecution
Parliament Cabinet
Congress etc.
National Diet
etc. 11
 States protect the rights and
interests of the ruling classes
- What?
- Politics
- Economy
- Social rights and interests (e.g.: religion,
culture, etc.)
- How?
- State bodies
- State powers
 Essence of a State
• Class- conscious face
– What? The oppression/suppression of the
ruling class over the ruled class
• Exercise: What is the class-conscious face of
states?
– In the slave possession period?
– In the feudal period?
– In the capitalist period?
– How? means of violence and non-violence
• Social face
– What? Taking care of rights and interests of
other classes
13
– How?
 Essence of a State
Tax Provision of
imposition subsidies/grants
and collection to the poor Dissemination
Provision of favourable
of Class- thoughts/philos
free/low- Social face ophies/theories
cost social
conscious
insurance, face Support for
utilities Suppression Dominance of certain
over political the ruling religions
demonstrations/ class in the
opponents ruling party
 Homework
Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)

• Prepare for the

next session:
Read the Course
book, pp. 2-5
Session 2: Origin of Law
 Session Objectives
• Explain the origin of law
• Define law
• Understand the essence of law
 I/ Origin of States and law
2. Origin of Law: Marxism and Leninism

Wh-questions
WHEN? When did the law appear?

WHO? Who makes the law?

WHY? Why does the law appear?

WHAT? What is the law?

3
I/ Origin of States and law (cont.)‫‏‬
2. Origin of Law

Primitive community: customs and usage

Class society State Law

4
 I. What is law?

Laws are legally enforceable rules

made by authorities within a society.

True or False?
“All rules are law but not all laws are rules”

5
 Non-legal Rules or Laws? And why?
1. Family Household rules non-legal and not enforceable
2. Class rules
3. Game rules (We-the Icebreakers)
4. Soccer Rules
5. Road transportation rules
6. Contract rules
7. Marriage rules
 What‫‏‬is‫‏‬law’s‫‏‬essence?
Laws are wills of ruling classes and
essence
determined by material conditions of a society
Laws Superstructure State A State B
(State, law,
politics, culture,
religion, etc.)
Lawt1 ≠ LAWB
≠‫‏‬
Lawt2
determines
cause

Material
conditions Base
(Economy)

7
 Legal Evolution: A Case-study
Changes in
taxable income Changes
threshold in Law

≡
Changes in CPI Changes in
Economy

Source: https://tuoitre.vn/tu-1-7-thu-nhap-tren-11-trieu-moi-phai-nop-thue-20200604162402771.htm

Source: https://nhandan.vn/nhan-dinh/thong-diep-tu-dieu-chinh-thue-thu-nhap-ca-nhan-457126/
 Cross-country Legal Differences:
A case study

Source: https://tuoitre.vn/tu-1-7-thu-nhap-tren-11-trieu-moi-phai-nop-thue-20200604162402771.htm
 Puzzles
• Is the law static or dynamic?
• Are changes in law predictable and
explainable?
• To which is the law development attributed?
 Homework of Session 2
Explain two more theories on States and Law

Criteria Marxism and Theory 1 (Name) Theory 2 (Name)

Leninism
WHEN?
(state/law exists)
WHO?
(makes state/law)
WHY?
(state/law exists)
WHAT?
(state/law is‫)…‏‬
(essence‫‏‬is‫)…‏‬
 Homework
1. Create your own
mind-map‫‏‬for‫‏‬today’s‫‏‬
session!
(It works for you in
exams! :D)

2. Prepare for the next

session: Read the
Course book, pp. 11-18
 Session 3

Styles, Forms and Functions of States

 Session Objectives
• Define and differentiate styles, forms and
functions of states
• Compare and contrast
– Monarchies and Republics
– Unitary and Federal States
 Exercise
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style

Styles Feudal
of style
states Capitalist
x x x x x x x x x
style
Socialist
x x
style
Ruling Monarchy x x x x x x
forms Republic x x x x x
Unitary
Struct states
x x x x x x
ural
Federatio x x x x x
forms
n
Quoc Hieu Hien Phap
How to know? → State Titles and/or Constitution
 Styles of States
• What?
– Denoting groups of states with the same
class-conscious face
• How many?
–4
• Slave-possession style of states
• Feudal style of states
• Capitalist style of states
• Socialist style of states
• E.g.
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN? ✓ ✓ ✓ ✓
2. WHO?
Upper class

3. STATE
X Slave owners Land-owners Bougeoisie Proletariat

Slave owners Land-owners Bougeoisie Proletariat

X
ESSENCE oppress oppress oppress oppress
Class-
conscious face Slaves Peasants Proletariat Bougeoisie
Style 1

Style 2

Style 3

Style 4
5
 Forms of States
• What?
– Forms in which state powers are
allocated/designated
• Types
– Ruling form
– Structural form
 Ruling Form v Structural Form
State Forms
Criteria
Ruling form Structural form
≡ Forms of states → Forms in which state powers are allocated
≠
What? Form in which state powers Form in which state powers
are allocated/divided among are allocated/divided among
various state various state territories
bodies/individuals

Types - Monarchy - Unitary

- Republic - Federation
 Monarchies v Republics
Ruling Forms
Monarchy Republic
Criteria
E.g. UK, CAN, JPN, AUS, NZL US, FRA, DEU, RUS, VNM, CHN
Similarities Form in which state powers are allocated/divided among various state
bodies/individuals.
Dissimilarities Monarchy: There's a monarchy who is the head of the state.
What? A ruling form of a state in which an A ruling form of a state in which state
individual/a monarchy is the head powers are designed/ allocated to
of the state for life (with except). state bodies elected by citizens.
Head of State Depending on Constitutions:
A monarch (King, Queen, Pharaoh,
- President (US, FRA, DEU,
Emperor,...)
RUS)
- President (VNM, CHN)
How to elect
Head of State? Proximity of blood/kinship Election/Voting
How to allocate
powers? - 100% Depending on Constitutions:
How much power - 0%< <100% - Legislative power
the Head of State
has? =0% (symbolic) - Executive Power
Variants Absolute Monarchy Aristocratic Republic
Constitutional Monarchy Democratic Republic
 Federations v Unitary States
State Structures Federal States Unitary States
Criteria
E.g. US, Germany, Canada, Russia VN, China, UK
Similarities Structural form
Dissimilarities
What? Multiple states are united into
one to form the federation
(USA has 50 states & 2
No. of states territories, AUS has 6 >1 0
states & 2 territories

No. of levels of 2:
2 (Cquyen TW & dia
governments + Federal Gov
phuong)
+ 1 Central Gov
+ State Gov
+ >2 Local Gov
No. of legal systems
2:
+ Federal level & State level, each 1 (1 bo luat duy nhat
state has its own level) ap dung rong rai)
No. of nationalities of 2:
citizens + Federal nationalities
Kha nang tro thanh cong dan
cua 1 quoc gia + State nationalities 1
 Forms of Australia
Australia

Ruling form Structural form

Constitutional Federation
Monarchy

Division of law – making power

AUSTRALIAN CONSTITUTION
AUSTRALIAN PARLIAMENTARY SYSTEM
(Cont.)
FEDERAL Legislature
Executive Judiciary
SYSTEM (Common Wealth Parl.)

House of Representatives Senate Governor General => Represent the King

(Dac menh Toan quyen)

STATE
Legislature
SYSTEM (State Parl.) Executive Judiciary

Lower House Upper House Governor

(ex: Legislative (ex: Legislative
Assembly) Council)
=> Hoi Dong Lap phap

6 states, 2 territories
(Northern Territory & Australia Capital Terriory)
 Structural Form of Australia
• Federal level
Federal
Gov.

Legislative
Body/ Cth Executive Judiciary
Parl.

House of Governor
Senate General
Representative
 Structural Form of Australia
• State/Territory level
State Gov.

Legislative
Body/ State Executive Judiciary
Parl.

Lower House Upper House Govenor

Example 2: The State of the United States
 2. Federal law v State Law
State Structures
Criteria
Federal Law State law
E.g.

What?

Who makes?
How to make?

Territorial scope of
application
In case of conflict,
which prevails?
The company had to pay B 1,000B because according to the law, when state law
and federal law conflict => federal law displaces. Therefore, the company had to
pay B according to the federal law
Cases
A moving house company in Queensland in
Australia moved house for B and damaged B’s
furniture valued at AUD 1,000.
B sued the company for the damage but the
company based on Queensland law which stated
that “the maximum liability for moving house
companies is AUD 200”
The federal law said that “there is no maximum
liability for moving house companies”

Q: How much did the company have to pay B?

 Functions of States
• Internal Functions
• External Functions
 Homework
Determine the Styles, Forms and Functions of
States in South East Asia? Asia? European
Union? The America? The Oceania?
Source of reference: Constitutions
 President - symbol - Vo Van Thuong
PM - Pham Minh Chinh - executive
President = head of republic country
Prime minister = leader of government Quizes Chairman of National Assemble - Vuong Dinh
Hue - legislative => General Secretary
of a country (constitutional monarchy (Australia) or a republic (India and Taiwan))
• Assuming that the US president is visiting
Vietnam, who is/are the Vietnamese
counterparts to welcome him?
– The Vietnamese President Counterpart
counterpart
of VN should welcome their US

– The Vietnamese PM
– The Vietnamese Socialist Political Party General
• What is the ruling form of Vietnam?
______________ monarchy &
republic
– Socialist state
– A republic
– A unitary state
• What is the ______________
structural form of the US? unitary &
federation
– A capitalist state
– A republic
– A federation
 Homework
1. Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)

2. Prepare for the

next session: Read
Coursebook, pp.
15-18
 Session 4

Styles, Forms and Functions of Laws

 Session Objectives
• Explain styles, forms and functions of laws
• Differentiate different styles, forms and
functions of laws
• Compare and contrast:
– Customary law, statutory law, and case law
tap quán pháp luat thanh van tien le pháp/ an le
 Exercise: Look at national laws!
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style
Feudal
Styles style
of laws
Capitalist
x x x x x x x x x
style
Socialist
style x x

Customar
x x x x x x x
y law
Forms
Statutory x x x x x x x x x x x
of law law
Case law x x x x x x x x x
 Styles of Laws
• What?
– Denoting a group of laws of the same essence
• How many?
–4
• Slave possession style of law
• Feudal style of law
• Capitalist style of law
• Socialist style of law
• E.g.
• What link between state styles and law styles?
– The style of a state informs the style of its law
– A state of a certain style has its law of the
corresponding style
 I/ Origin of States and law
1. Origin of Laws: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN?
2. WHO?
States X ✓
Slave
possession
states
Style 1
✓
Feudal
states
✓
Capitalist
states
✓
Socialist
states X
Style 2

Style 3

Style 4
3. LAW
ESSENCE
Will of the Will of slave Will of land Will of Will of
ruling class owners owners bougeoisie proletariat
determine determine determine determine

determined by
material Material Material Material
Material
conditions
conditions of conditions conditions conditions
of slave of feudal of capitalist of
the society
possession society socialist 5
society
society society
 Forms of Law
• What?
– Answering the question of “Where to find to
the law?”
– So-called “sources of law” Nguon cua Luat
• How many?
– Customary law
– Statutory law
– Case law

Ex: Statutory Law law > Laws > Law

- Sales of Goods Act (UK)
- Law on Enterprises 2020 (VN)
 Sources
of Law Customary Statutory Case Law
Criteria Law Law
≡ Sources of Law (Where to find law?) => Law (Made by States)
≠ Customary - made by Customs, Statutory - made by legislation, Case Law - made by Judiciary
Law made by judges
What? - Law orginating in Law made by as result of doctrine
customs legislature of judicial precedent/
- Customs stare decisis (let the
recognized as Law decision stand)
Other general Statute Law, Judge-made Law,
names statutes, legislations Common Law
E.g. - Constitution 60/2023/AL VN
- Statutes, Act, Law Case Law
Who makes?
State Legislature Court/Judges

How to make? - Customs set by Follow precedent/

Legislative procedure
community/society at legislature stare decisis
- Recognition by
state as law
 Customary Law
Customary
Law
+ Recognition

??? Customs
+ Generality
+ Consistency

Practice
+ Repetition thoi quen

??? Conducts
 UK Legislative Procedure
comments
??? ??? The public

introduce pass
A bill ???
+ ???

A bill = du thao luat Act/Statute

Commencement
date

???

9
 UK Lawmaking Process

comments
Government/MP A proposal The public

introduce pass
A bill Parliament
+ Royal Assent

Act/Statute
Commencement
date

Effective Legislation
10
 ???
UK LEGISLATIVE
PROGRESS

Bill
Passed by two houses
+ Royal assent

???
Publication in Gov. Gazette
+ Commencement date

???
 Proposal
UK LEGISLATIVE
PROGRESS

Bill
Passed by two houses
+ Royal assent

Act/Statute
Publication in Gov. Gazette
+ Commencement date

Effective Legislation
Gazette = Công bao
 VNM Legislative Procedure
A Proposal
1. introduce
??? ???
President/National Assembly (Standing)
Committee/ NA Member/ Gov/ Supreme
People's Court/ Prosecution,...

??? 2. planning Legislative 3. pass

NA Standing Committee program
Stakeholders ??? NA ???
Gov/Ministry/Supreme
People's Court/Prosecution... 5.
4. introduce A Bill comments 6. pass
??? ???

President
7. ???
A Law promulgate
Commencement
date

Effective Legislation ??? 13

 Case Law
• Judicial precedent
– Principles of consistency
• What?
– Similar cases should be decided similarly/in the same
way
• Why needed?
– Consistency = important feature of a good decision-
making process
» A court’s decision is expected to be consistent (or at
least not unjustifiably inconsistent) with previous
decisions
» To provide opinion which parties and other can use
to direct their future relations
» To decide cases in accordance with existing rules
• Exceptions
– When? Solutions offered by a precedent not just due to
» Passage of time
» Changing circumstances
 Case Law

• Stare decisis
– What?
• “to stand by a decision”/ “let a decision stand”
– Click here for video on case law
Ratio decidendi - Reason of Decision (Can cu de dua ra quyet dinh/Noi dung an le)

How to make case-law?

By JUDICIAL
induction PRECEDENT
By analogy
Adequate and reliable Legal LAW
reports of earlier decisions principle

A How to
Court’s Court’s Court’s Court’s proposition decide?
Decision Decision Decision Decision of law ???
1 2 3 … Form part of t
ratio decidendi
Earlier Earlier Earlier Earlier Later
case case case case Set of same case
1 2 3 … material facts N
(Same
material
Different sets of facts fact)

Truoc het la quy nap, tu cac vu => quy tac chung Sau do dien dich, tu quy tac
chung xu cac vu
 Functions of Law
• Why is law needed?
– Regulation
– Prediction
– Stabilization
 Homework
1. Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)

2. Prepare for the

next session: Read
Coursebook,
pp. 5-11
 Sessions 5&6

State and Law in Vietnam

 Session Objectives
• Being able to identify:
– Style, forms and functions of the Vietnamese
• State
• Law
• Being able to answer the questions of:
– WHAT are the style, forms and functions of
the Vietnamese
• STATE?
• LAW?
 Session Objectives
• Being able to answer the questions of:
– Legal norms
• WHAT is a legal norm?
• WHAT are components of a legal norm?
– Legal relations
• WHAT is a legal relation?
• WHAT are elements of a legal relation?
– Legal events
• WHAT is a legal event?
• WHAT are types of legal events?
• Being able to:
– Analyze a legal norm
– Identify elements of legal relations and their
legal events
 State and Law in Vietnam

1. State in Vietnam
- Style
- Forms
- Functions
2. Law in Vietnam
- Style
- Forms/Sources
- Functions
Exercise: Look at the state in Vietnam
Criteria Types VNM

Slave possession
style

Feudal style
Style of state
Capitalist style

Socialist style
x
Monarchy
Ruling form
Republic x
Unitary state x
Structural form
Federation

How to know? → State Titles and/or Constitution of Vietnam

Exercise
Vietnamese State System
CENTRAL
LEVEL

Provincial
level

MUNICIPAL/ District
LOCAL level
LEVELS

Communal
level
 Exercise: Look at national laws
of Vietnam!
Criteria Types VNM

Slave possession
style

Feudal style
Style of law
Capitalist style

Socialist style

Customary law

Forms of law Statutory law

Case law
 Sources of Law in Vietnam
Customary Statutory Case Law


Constitution
Law Law → Click here
Legislations Codes
Laws
Issued


by???
Ordinances

Delegated Decrees
legislations Circulars
Resolutions
Decisions

9
 E.g.
• Constitution of Vietnam 2013
• Civil Code of Vietnam 2015
• Law on Enterprises 2020
• Ordinance No. Issued
02/2020/UBTVQH14 by???

• Decree No. 92/2021/ND-CP

• Circular 78/2021/TT-BTC
• Resolution 68/NQ-CP
 Lawmaking Process
Parliament
enacts

The Literal Rule

Legislations interpret Court The Class Rule

(Codes, Statutes, Acts, Laws) The Mischief Rule

detail
Delegated Legislations Advantages
enacts

Disadvantages
Main forms

Government
11
 Legal Norms
• What?
– Smallest component/unit of the legal system
• E.g.
• Where to find?
– Stated in the legislation
• What components? → Include:
– Assumption
– Regulation
– Sanction 12
 A Legal System
Civil Criminal Administrative etc.
Branches
Law Law Law
Sub- Ownership Obligations Contract Tort law Labour Etc.
Branches law law

Regimes Property … … …

Legal Norms
… … … … …
 What is a legal norm?
SOCIAL Types Social Legal
NORMS Criteria Norms Norms
Similarities Norms (on individuals’
- Ethical norms/Ethics conducts/behaviours)
- Religious norms
- Etc. Dissimilarities
- (Governing) Various Legal rules/
rules rules Law
- E.g.

LEGAL
NORMS
- Labour relations
- Business law
- Marital relations
- Family relations
- Etc.
14
 Legal Norms
Components Assumption Regulation Sanction
Criteria
Similarity
Dissimilarity
- What?

- E.g.
 Examples
• A purchaser must pay the full price at the agreed
place and time (Sect. 1, Art. 440, Civil Code
2015).
• If the purchaser fails to make payments,
he/she/it must pay interest on the late payment
as prescribed in Article 357 of this Code (Sect. 3,
Art. 440, Civil Code 2015).

16
 Homework
• Pick any legal norm in the Civil Code and
analyze its components
← Mid-term Exam (Short-answered questions)
 Legal Relations

Social relations + Legal norms = Legal relations

Elements of legal relations: parties, objects, contents

Capacity Things, conducts,

non-conducts

Grounds to raise, modify or terminate legal relations?

18
 What is a legal relation?
SOCIAL Types Social Legal
RELATIONS Criteria Relations Relations
Similarities Social relations (i.e.
- Friendship relations among
- Courtship/Mateship persons
- Kinship
- Colleagues Dissimilarities
- Etc.
- (Governing) Various Legal rules/
rules rules Law
- E.g.
LEGAL
RELATIONS
- Labour relations
- Business law
- Marital relations
- Family relations
- Etc.
19
 E.g. of Legal Relations
Elements Subjects Contents Objects
Social
Relations
E.g. 1

E.g. 2

E.g. 3
 E.g. of Legal Events
Legal Events How to How to How to
Social Relations establish? modify? terminate?
E.g. ???

E.g. ???

E.g. ???
 Legal Events
• What?
– Events of which the happening
• establish and/or
• modify and/or
• terminate
legal relations
• Which one is broader?
– Legal events or events?
 Legal Events
• What types?
– Based on legal consequences
• Legal events establishing legal relations
• Legal events modifying legal relations
• Legal events terminating legal relations
– Based on the way in which a legal event
occurs
• Legal incidents
– What? Legal events happening beyond intentions of
parties to/subjects of legal relations
– E.g.: death; force majeure; acts of god…
• Legal actions
– What? Legal events happening on purpose of parties
to/subjects of legal relations
– E.g.: marriage registration; contract conclusion…
• Other legal events
– What?
– E.g.: Court decisions
 Homework
1. Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)
2. Prepare for the
next session: Read
Course book, pp.
5-11
Session 7

Types of Law
 Session Objectives
• Understand different types of law;
 Types of Law
• National Law vs International Law
• Substantive law vs procedural law
• Public law vs private law
• Criminal vs civil law
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
National Law International law
Criteria
Similarities
Dissimilarities
- Names

- Makers

- E.g.

- Spatial scope
of application
 What is international law?
• Inter-national law
• Inter- (prefix): between/among
– Inter-continental
– Inter-regional
– Inter-action
– Inter-national
– Inter-link
– Inter-net
 International Law
Public International Law

Nation X Nation Y

A B

Private International Law

7
 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.
2. Substantive v. Procedural Law
“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”

“A purchaser must pay the full

price at the agreed place and
time”

“The time-limit within which a

request may be made to a court
to declare a civil transaction
invalid […] shall be two years
[…]”
 2. Substantive v. Procedural Law
Types
Criteria Substantive Law Procedural law
Similarities
Dissimilarities
Subject-matters/
Contents

E.g.
 3. Public Law v Private Law
- Constitutional law
- Administrative law Public Law
- Criminal law
or
- Commercial law
- Family law Private Law
- Property law
- Law of succession
- Labour law
 3. Public Law v Private Law
Types Public Law Private Law
Criteria
Similarities
Dissimilarities
- Subject-
matters/
- Contents
- Subjects/
- Parties to
relations
- E.g.
 4. Civil v Criminal Law
Types Civil Law Criminal Law
Criteria
Similarities
Dissimilarities
Subject-
matters/
Contents

Aim
 4. Civil v Criminal Law
Types Criminal Law
Civil Law
Criteria
Dissimilarities
Disputants
Legal Names of Disputing Parties
• Claimant
– Who? the person who complains or brings an
action asking the court for relief
– Also called ‘the plaintiff’
• Defendant
– Who? the person against whom a civil action
is brought or who is prosecuted for a criminal
offence
 4. Civil v Criminal Law
Types Civil Law Criminal Law
Criteria
Dissimilarities
Burden of Proof
(Who has to prove?)

Standard of Proof
(How much evidence
is sufficient to win a
lawsuit?)

Verdict

Remedies
 Standard of Proof
CIVIL LAW CRIMINAL LAW

17
 Civil or Criminal Cases?
1. Penny sues Desmon for
breach of contract asking
for and obtaining
damages of £10,000. Criminal Law
2. Agatha is being
prosecuted for an offence.
She thinks that she cannot be
sentenced to more than six
months imprisonment or fined Civil Law
more than £5,000.
3. Forced Marriage
(click here for the video)
 Civil or Criminal Cases?
A moving house company in Queensland in
Australia moved house for B and damaged B’s
furniture valued at AUD 1,000.
B sued the company for the damage but the
company based on Queensland law which stated
that “the maximum liability for moving house
companies is AUD 200”
 Exercise: Civil or criminal law?
and Why?
1) An armed team broke into the bank;
2) A works for a confectionery company and
the company failed to pay him salary for 2
months;
3) A has his house for foreigner rent;
4) A killed B for money;
5) While driving the car beyond speed limits,
A crashed into B and made him injured;
6) A married couple wanted to divorce
7) A seller failed to deliver goods on time to
his buyer
 Exercise: Civil or criminal law?
and Why? (cont.)
8) A customer got poisoned after having
lunch in a restaurant;
9) Disagreeing with each other on how to
share the house left by a father, the two
brothers fought each other until death;
10) Being much impressed by huge profits,
A involved in trafficking heroine;
11) A involved in trafficking newly born
babies abroad;
12) A company makes his drinking products
having labels easy to confused with Lavie
 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
worth $5000

A claim for personal

injury from a motor
accident for
approximately $130
000
A dispute between a
citizen and the federal
tax commissioner
A constitutional
dispute between
states in Australia

A murder charge
Parties negotiate to
settle their disputes
A court dismisses a
case for the lack of
jurisdiction
1. Create your own
mind-map for Homework
today’s session!
(It works for you in
exams! :D)
2. Prepare for the
next session:
- Read Course
book, pp. 19-20;
24-29!
- Read Articles 1,
3, 4, 25-39 in the
Civil Code and
analyze legal
norms there in!