Esame Lingua Inglese

Unit 1
1. Understanding law (Definizione parola legge)
The word law does not have a universal definition but is often defined by the customs and
rules of a society.
The rules are intended to enforce justice and give duties and obligations; in the United
Kingdom, for example, laws prescribe actions that can be imperative (must), prohibitive
(must not) or permissive (can, could) and their application takes place through the power
of parliament.
In Common Law countries, laws can also be enacted by judges or influenced by non-
codified constitutions that can also regulate the behavior of a society and are based on
moral principles.
Law and morals are linked to each other in fact they define the regulatory system that
regulates relations and maintains public order.

1.1. Law simply defined (Definizione semplice)

We can say that the law includes the entire body of customs, rules and practices of a
company and that it is recognized as binding by a supervisory authority.

2. The political and legal system of the United Kingdom (L’ordinamento del Regno Unito)
Each jurisdiction has its own legal and political systems:
- Political sistem and structure As far as the political system and structure are
concerned, the UK is a parliamentary democracy and a constitutional monarchy or the
government is voted for by the people. The head of state is the monarch with limited
powers and he can open or dissolve parliament and can pass bills. Parliament, on the
other hand, is made up of the House of Commons and the House of Lords.
- Legal system The legal system is based on three legal systems:
• English law in England and Wales
• Law of Northern Ireland and both are based on Common Law principles
• Scottish law in Scotland which is based on a mixed system between Common Law and
Civil Law
- Common Law meaning The term Common Law derives from the principles included in
the unwritten laws of England and is an ancient law that came into force after the
Norman conquest of 1066. Its principles are formulated by judges and is handed down
by custom, in fact it is also called jurisprudence or jurisprudential law.
- Linguistic traditions After the Norman invasion, Common Law was characterized by
three languages:
• French that is the language of legal provisions
• English that is the language spoken by most people
• Latin that is the language of formal documents

2.1. The UK Constitution (Costituzione del Regno Unito)

The constitutional text of the united kingdom is the Magna Carta of 1215 but it must be
known that it does not have a single written document. Its constitution contains both
written and oral principles governing the way the country is run for example the monarch
always gives consent to a bill.
 The constitution of the united kingdom to both a horizontal relationship between the
powers of the state and a vertical relationship between the state and individuals we find in
fact horizontally the monarch, the parliament, the government and the judges while below
them there are individuals.
Its constitution is based on three important powers:
- separation of powers or division between legislative, executive and judicial powers to
avoid power being in the hands of a single person
- sovereignty of the parliament which is the legislative body of the United Kingdom
- rule of law that is the presence of important factors for a good functioning.

2.2. The defining logics of Common Law in the UK (Logiche che definiscono Common
Law)
The Common Law system influences the decision process and the procedural procedure. in
such systems the law arises from previous jurisdictions established by the courts; who
reason on the basis of the facts of the case and then subsume the facts into the law.
What also defines the UK procedural procedure and the adversarial system as in the trial
there are two opposing parties presenting their case before the judge who acts as a neutral
arbitrator.

3. Classifications of law In the UK, a distinction is made between public law and private law

3.1. Public law deals with the relations between the state and citizens and includes
several sectors:
- Costitutional Law that regulates the government institutions and deals with the
relationships between the 3 institutional powers:
• legislative in which the parliament is formed by the monarch, the House of Lords and
the House of Commons and issues new laws
• executive is exercised by the government which is elected by the parliament
• judicial composed of judges and magistrates who resolve disputes
- Administrative Law that deals with relations between government bodies and
individuals and allows courts to rule on the legitimacy of the decisions of these bodies
in the context of judicial control
- Criminal or Penal Law that deals with crimes against the state and regulates the arrest
and prosecution of criminal suspects. criminal offenses are considered a public wrong
because they fly the values of society.
[criminal wrong is the one in which the State and society have a shared interest while
civil wrong is an illegal act done to a person]
The objectives attributed to criminal law through sanctions are five:
• imprisonment which is the most extreme form of restriction that limits freedom
• salary which is the punishment given to the offender for reimbursement purposes
• deterrence that aims to discourage individual criminals and stop committing illegal
acts
• rehabilitation which aims to prevent criminals from committing other crimes by
forcing them to take certain courses
• restoration that aims to repair injuries inflicted on the victim
3.2. Private Law deals with the rights and duties between individuals and encompasses
several areas:
- Contract Law that deals with the interpretation and execution of agreements, the
obligations between the parties and the consequences of the breach of contractual
promises
- Tort Law that deals with civil offenses and unlawful acts committed on one side to the
other. punishment for wrongdoing and financial compensation
- Property Law that deals with the rights that arise in relation to the various forms of
property

[Diritto internazionale] Public law and private law are part of national or municipal law
that deals with law within the country and differs from international law that operates
outside the country.
International law is divided into:
- public law which regulates relations between states
- private law which regulates relations between individuals in which there is at least one
foreign element.
International law is created in two ways:
- treaty agreements between two states and are binding and take the name of
contracting states
- custom that describes a situation in which states have adopted practices on a given
issue.
In law we also find two other fundamental categories:
- substantive law which deals with the rules governing individual rights and duties such
as substantive criminal law which defines unlawful behavior
- - procedural law that defines the practices with which the rules must be applied.

4. Source of law in the United Kingdom (Fonti del diritto nel Regno Unito)
The law of the United Kingdom has its origin from sources:
- legislative which are constituted by domestic law and include primary law, acts of
parliament, Magna Carta of 1215, Bill off Rights of 1689 which limits the powers of the
monarch
- judicial constituted by Common Law and precedents of fairness such as jurisprudence.

4.1. Parliamentary sovereignty in the United Kingdom (Sovranità parlamentare nel

Regno Unito)
In the united kingdom the sovereignty of the parliament is a fundamental principle for two
reasons:
- the first is that it is the creator of the most important source of law which are the acts
or statutes that are issued by the chambers
- the second is that it can delegate powers to government ministers and the law in this
case is called a statutory ordinance of the council.
The sources of the parliament are always in a position of pre-eminence over the judicial
sources because the parliament can enact or repeal any law while the delegated legislation
can be challenged in the courts through the doctrine of ultra vires when the law goes
beyond the powers conferred by the parliament in the delegation.
5. Sources of law in the United States of America (Fonti del diritto negli Stati Uniti d’America)
Sources of law in the United States of America are:
- United States constitution
- state constitutions
- statutory law which includes federal and state legislation
- jurisprudence
- administrative regulations
The constitution of the United States is the supreme law of the land and is the foundation
of the federal government that establishes freedom and rights of people in fact everything
must always comply with its rules from federal statutes to administrative laws.
The federal statutes are issued by the congress which is a body formed by the House of
Representatives and the Senate, they apply in 50 states. Statutes are applied to cases by
the courts and if there is no statute for a case, it is sent to jurisprudence.
Federal law is superior to state law and is enforced in the event of a conflict between the
two

6. Sources of law in the European Union (Fonti del diritto nell’Unione Europea)
The sources of European Union law are divided into:
- primary law consisting of several treaties that contain broad statements of European
Union principles and policies
- secondary law consisting of the law issued by the council, parliament and commission. It
includes regulations, directives and decisions called binding legal acts and constitute Hard
Law.
Then there are the recommendations and opinions called non-binding acts and constitute soft
law.
In the constitutional law of the European Union, a distinction is made between:
- direct application which occurs when a provision immediately enters into force in the law of a
Member State without the latter issuing its own law
- direct effect which is the principle that courts must enforce the laws.
The union can adopt:
- regulations that are general and binding acts directed to all member states and cannot be
modified
- directives that indicate an objective to be achieved and are binding but leave the states to
decide the means and ways to achieve them
- decisions that they are binding acts only for those to whom they are addressed because they
refer to specific issues.
Then there are the recommendations and opinions that can provide information on the
content of the law and interpretation but are not binding.
Together with primary law and jurisprudence, they constitute the community acquis or the
body of European Union law.

7. Legislative process in the UK: How a bill becomes an act (Processo legislativo nel regno
Unito: come un disegno di legge diventa atto)
Before a legislative act becomes law in the United Kingdom it is called a bill:
- if it is enacted by an ordinary member of parliament it is called a private member's Bill
- if it comes directly from the government it is called a government sponsored Bill.
 It is preceded by:
- a white paper setting out definitive government proposals on topical issues indicating the
intention to issue new legislation
- green book that includes provisional proposals on a particular sector.
After that we move on to the drafting process where the bill is presented in a draft law by
the parliamentary rapporteurs.
It goes through a series of parliamentary readings which are stages of emanation from
both chambers.
They are:
- first reading in which the bill is presented in the chambers
- second reading in which there is the first debate on the purposes of the bill opened by a
government minister who sets out the provisions and begins the discussion between the
parties. In the end we vote on the bill
- committe stage in which a restricted committee of parliamentarians discuss the bill and
can be modified in each clause
- report stage in which parliamentarians who were not part of the previous commission can
also take part
- third reading in which no changes can be made
- Moving to the other House where the bill can move to the House of Lords. the process is
similar to that of the House of Commons and the drawing can go back and forth through
the chambers until an agreement is reached. This is called ping pong.
- Royal Assent in which once the chambers have reached an agreement, it is presented to
the monarch who gives his consent and becomes an act of parliament and is law.

8. Legislative process in the United States of America: how a bill becomes law
(Procedimento legislativo negli Stati Uniti d’America: come un disegno di legge diventa
legge)
In the United States enacting the law, federal legislative powers are in the hands of the
congress which formed the Senate and the House of Representatives.
They of the phases which are:
- introduction where a senator presents the bill to the congress by putting it in a wooden
box which is called a hopper or presenting it to the chancellors if presented to the Senate
- committe consideration in which it is assigned to a commission for the study . They carry
out an action called a hearing and a markup or the proposal can be accepted, modified or
rejected by the members
- congressional debate and vote in which the members of the chamber discuss the bill and
propose amendments. If it is approved by a majority, it passes to the Senate, which must
redo the whole procedure. Both chambers must agree on the same version
- enrollment where once the bill is approved, it is printed by the government printing
house and is ready to be presented to the president
- president optionis when the president receives the bill he can:
• to veto and refuse to sign with reasons
• approve sign the bill that is published in the United States code
• the president can do nothing while congress is in session and the bill automatically
becomes law
• the president can't do anything while congress updates session drawing dies this process
is called Pocket Veto
9. Normative interpretation (Interpretazione normativa)
Legal interpretation is the process in which judges interpret and apply legislation in
Common Law countries especially when there is ambiguity and vagueness in the words of
the statute.
Judges use three rules to do this:
- Litteral rule according to which the rules of the statute must have an ordinary character
and a literal meaning attributed by the parliament
- golden rule which provides that the words of the statute must have ordinary and literary
meaning without producing inconsistency
- mischief rule which is an examination of the previous law that determines the defect of
the norm that must be remedied.
Judges use two approaches:
- proactive which allows judges to look at the wording of the law
- theological which allows judges to look at the spirit of the law.
Furthermore, judges can use aids that can be:
- internal
- external such as legal dictionaries or jurisprudence
Or again
- statutory definitions which are definitions that contain key terms
- commonly used terms used to define the function of the statute.

9.1. Components of the provisions of a law (Componenti di una disposizione della

legge)
The statutory provisions impose duties that confer rights on the recipient of the rule. The
legislative provisions have different components:
- legal entity to which a duty, obligation or right is conferred
- legal action is the affirmation of the right or obligation imposed
- conditions or exceptions which are particular cases that must be satisfied before the
subject takes the legal action.

10. Judicial Precedent (Precedente Giudiziario)

The judges decide the law applicable to the case not only by interpreting the statute
lacking by applying a judicial precedent according to which similar judgments must be
applied to similar cases.
This expression is also indicated by the Latin term “stare decisis” therefore it describes the
specific part of a sentence that establishes a legal principle in the cases to be followed
later.
Furthermore, the judicial decisions contain statements not pertinent to the matter under
consideration which take the name of “Obiter Dicta” in Latin and do not create a binding
precedent and are called persuasive precedents.
• Precedenti e gerarchia dei tribunali
The legal precedent works only in the context of the court hierarchy as ratio and obiter
depend on the relationship between the judge and the case.
The rule is that every court is bound by the decisions of a higher court as the appellate
court is bound by the supreme court.
10.1. Avoid the precedents (Evitare i precedenti)
Judges use three ways to avoid the precedents:
- Overruling in which a higher court overturns the decision of a lower one in a
different case
- Reversing in which a higher court overturns the decision of a lower one in the
same case
- Distinguishing in which it is the judge who considers a case different from the
previous one.

10.2. The lawsuits: the structure (Le cause legali: la struttura)

Lawsuits also called legal decisions or judgments tell us why and how a certain
decision is reached, following a line:
- Case identification identifying the case including name of court, parties, judge and
title of the document
- Fact of the case which provides a summary of the facts and the legal points of the
case. (in summary it is based on hearings and documents presented in advance)
- Applicable law that the section in which the issues of law raised by the facts of the
case are affirmed
- legal reasaning in which it is the judge who applies the law to the facts of the case
and explains the reasons
- Decision or disposition in which the judge declares his final decision, which is the
result of the application of a reasoning to the case based on well-founded facts

10.3. Causes: types (Cause: tipi)

In cases the judges do not always agree on:
- if the opinion and I agree then the judge writes an opinion in agreement with the
words "I agree" in the conclusion of the judgment
- if more than one judge disagrees then there will be a dissenting opinion explaining
why the judges disagree

10.4. Cases: functions (casi: funzioni)

Lawsuits have two functions:
- Communicate conclusions to a court
- Communicate the law to judges and other interested parties

11. UK court system and their jurisdictions (sistema dei tribunali nel regno unito e le
loro giurisdizioni)
In the united kingdom the court system consists of: Magistates courts, Country Courts,
Tribunals, The Crown Court, The High Court, The Court of Appel and there are lower courts
such as the magistrates and higher courts such as the supreme court.
• Lower Courts vs Higher Courts
The lower courts decide on most first instance cases and always issue statements on matters
of any appeal and are called the first instance court.
The higher courts examine the decisions of those of first instance on important points of law
and are called the appellate courts
• Jurisdiction of the courts (competenza dei tribunali)
- county court only deals with civil cases
- crown court only deals with criminal cases
- other courts of both cases
• Types of court (tipi di corte)
The courts of the magistrates were born to give justice quickly even if it is the lower courts that
start and finish most of the legal proceedings, in fact the less serious crimes called summary
crimes take place in them.
Offenses of medium severity called prosecutable offenses in both cases are heard in the
Magistrates' Court or on indictment in the Crowm Court.
The most serious offenses called the prosecutable offenses are heard only in the Crowm Court
with jury.
Then there are:
- the Court of Appeal which hears the criminal and civil appeals of the Crowm Court
- Supreme Court which is the court of last resort, i.e. the last court also refers some cases to
the Court of Justice
- specialized civil defenders who deal with of complaints about an organization

12. Institutional system of the European union (Sistema internazionale dell’UE)

The European institutions are:
- the European Union commission which is the main legislative body and issues most
of the legislation on the proposal of the commission
- European commission which is the main executive body and has three roles:
 initiating legislation in which the commission has the right of initiative on legislative
issues while the council has the last word. the commission is responsible for drafting
the proposals for the new laws
 guardian of the treaties in which the commission is responsible for ensuring the
correct application of the legislative provisions
 representing the community and implementing the EU budget in which the
commission represents the union on the international stage
- European Parliament which is the main advisory body. It has different powers:
• legislative power with which it approves laws together with the board and can
express binding and non-binding opinions
• Power over the budget which indicates its responsibility for approving the
annual budget. In addition, there are parliamentary questions that can be written,
oral and are used to monitor the activity of the commission and the council
- The court of justice that the judicial body and Article 220 provides that the task of
it is to ensure the correct application of the treaty. It also hears appeals from the
European court and hears actions against member states in the event of non-
compliance with the treaty. Furthermore, it is mild judicial rulings which are
opinions on the interpretation of European Union law and are binding
- Court of first instance that hears the cases attempted by individuals against
decisions of the institutions of the European Union

13. Legal professional in the UK (professione legale nel R.U)

In the UK legal system there are different roles such as lawyers, magistrates, judges,
jury, mediators and notaries.
The term attorney indicates a person who provides assistance in legal representation in
civil and criminal cases to his clients.

13.1 Solicitors
Solicitors have daily contact with clients. their typical work activities include
customer interviews, correspondence, drafting of contracts. solicitors who have their
own office are called partners while those who are not owners are called
collaborators
• Appear and conduct court proceedings (Apparire e condurre procedimenti in
tribunale)
In lower courts, solicitors exercise a right of hearing for their clients,. they have the
right to conduct proceedings in the courts on behalf of their clients.
In higher courts they have exclusive hearing rights also called conduct arguments.
In higher courts, however, they are called solicitor-advocates and can appear only if
they have adequate experience.
• Professional body (Corpo professionale)
The Law Society is a company that trains and educates lawyers and observes their
work properly. If a lawyer has done his job poorly, he is reviewed by an independent
body called the Solicitor Replaints Bureau and is fired for misconduct.
• Becoming solicitors (Diventare solicitors)
To become a solicitor you need to have a law degree, complete a legal practice
course and gain a lot of experience.
They will then be enrolled in the registers or their names will be written in a list
called Society's Roll.

13.2 Barristers
Barristers don't have direct contact with their customers.
They will be instructed by a solicitor called an instructing solicitor who will
interview and prepare documents.
Eventually the barristers provide advice via an opinion or appear in court via a
tariff agreement
• Opinion writing process (Processo di scrittura delle opinioni)
In case of written advice the solicitor will only ask questions to the barrister to
advise the client how the client has a good defense? Does the customer violate
this obligation?
The opinions give formal legal advice on complex areas of law regarding the
client's position.
In written opinions barristers are bound by the taxi rule that they are obliged to
accept all cases sent to them if they fit their position.
• Professional Body (Corpo professionale)
Barristers are part of the Bar Council and it is called in the Called to the Bar and
are governed by the Bar Standards Board.
• Becoming a barrister (Diventare un barrister)
 To become a barrister, one must have a law degree and then follow a period of
professional training in which students acquire knowledge of the procedure and
specific skills such as writing opinions or discussing a case in court.
They also must attend educational sessions with their Inn of Court.
Once this is completed, they are called to the register of barristers.
• Queen's Council (Consiglio della Regina)
The best barristers are nominated by the Crown to the rank of Queen's Counsel
and wear evening gowns.
The criminal prosecutor and the deputy are legal advisers to the Crown.

13.3. The judiciary: magistrates and judges (La magistratura: magistrati e giudici)
The term magistracy refers to magistrates and judges gathered in the same court.
The magistrate with judicial roles other than judges, it sits in the courts of the lower
magistrates and deals with less serious criminal cases such as robbery or vandalism.
The term magistrates includes: lay magistrates and district judges both called justices
of the peace.
- lay agistrates are appointed for their judging qualities and are chosen from among
those who are known
- district judges are legally qualified and can be a prosecutor or attorney.
Judges sit in higher courts like the appellate court.
During the trials they must issue impartial judgments and it is here and they are
protected by judicial immunity in fact it is very difficult to remove them from their
office.
The judge in the supreme court is called Lord plus name, a judge in the high court is
known as The Honorable Mr and Mrs judge, the judge in the appellate court is called
Lord judge.

13.4. The jury (La giuria)

Juries are used in criminal proceedings to deliver a final verdict by considering the
evidence and applying the law the judge said. They elect a team leader who
announces the final verdict in a public hearing.
In civil proceedings, on the other hand, they choose the monetary share as
compensation, moreover they can also be scientists if they have not been here and
impartial.

14. Cases of civil and criminal law: distinctions

We can distinguish between civil and criminal cases

14.1. Civil law

Civil law is the law of civil or private rights and deals with the resolution of legal
disputes between individuals or companies regarding legal duties. Examples are
divorce, personal injury, breach of contract.
In it, the person who proposes an action is called the claimant and the party who
caused damage, called the defendant, complains.
In civil law the parties are called litigans or disputans while their lawyers are called
litigators or trial lawyers.
 Furthermore the claimant can also be called aggrieved or damaged while the
defendant can be called aggrieved party or damaged party.
In civil law there are two types of remedy:
- damages that the money claimed from the defendant as compensation and is granted
automatically
- injunction that it is a court injunction that forces someone to do an act called a
mandatory injunction or to prevent them from committing an act and is called a
prohibitive injunction. Such remedy granted by the court.
Other remedies are:
- Specific perfromance by which the court obliges the person to perform his part of
the contract
- Rescission that allows the innocent to cancel the contract
- Rectification by which a document is modified if it does not reflect the intention
of the parties.
The court applies the reasonable man test, which is used to assess the standard of
care of an ordinary citizen.

14.2. Criminal Law

Criminal law and the law of crimes.
It deals with the crimes of an individual against the state and with maintaining public
order.
In this case it is the State that must look for the perpetrator and the action taken
against him is called a criminal action.
The courts decide the innocence or guilt of the accused and a criminal case leads to
penalties such as imprisonment or fines. Examples are murder, rape, robbery

14.3. Take a civil case to court

The lawsuit begins when the plaintiff sues the defendant on the matter; it informs the
judge of the damage suffered and is requested a remedy by proposing an act of law that
illustrates the facts. based on the complexity of the case, it is heard by the County Court
or the High Court.
In most cases, civil lawsuits do not go to trial because they are dealt with before
damages are resolved. In fact, the parties begin negotiations by solving the case before
the trial begins.
If this is not the case, the civil trial will begin through the ordinary civil court system.
Here the evidence is mainly oral and in the trial the plaintiff must prove that the events
occurred in the claimed manner, this principle is called the burden of proof.
Once this is done, the burden passes to the defendant who must defend himself.
At this point the trial ends with the judge making his decision based on the evidence and
arguments of the lawyers, if the plaintiff Vincenzo takes action then the judge will issue
the sentence on the basis of the appropriate remedy.
Each party can then appeal to the higher court against the judge's decision.

14.4. Bring a criminal case to court

The start of a criminal prosecution and responsibility of the state and some bodies such
as the police and the Crown Prosecution Service.
 A criminal prosecution begins when a crime is reported to the police who arrest the
suspects. After the arrest, the police look for evidence and carry out some investigations
and when they believe there are enough, they send a report on the case to the Crown
Prosecution Service which will decide whether or not to prosecute.
If it deems the case to be real then a criminal case will arise which depending on the
gravity will be heard in the Magistrates Court or the Crown Court.
In them the function of the trial is for the crown prosecutor to present evidence against
the accused as the defendants in a criminal trial are considered innocent until proven
guilty and therefore the prosecutor must prove that he has committed that crime, this
principle it is called the presumption of innocence.
Once this is done the magistrate will tell you about the circumstances and he will make
his decision, it should be noted that in the Magistrates Court the decision rests only with
the magistrates while in the Crown Court it is up to the jury to decide on matters of fact
while the judge on matters of law.
Where the trial is, the magistrate the jury can decide a guilty or not guilty verdict:
- in the event of guilt, a sentence is sentenced which can be imprisonment, a fine or
rehabilitation and the offender can appeal if he or she is deemed not to have received a
fair trial
- In case of not guilty, the trial is closed and the accused cannot be tried for the same
crime.

15. Criminal law: elements of a crime

The elements of the offense refer to facts that must prove that the accused is guilty of
violating the law.
Each crime includes two elements:
- actus reus or guilty act
- mens was or mind guilty
Both must be present at the same time in order for a crime to occur this is known as a
crime with no coincidence in time
as an act is not considered criminal in the absence of a guilty mind.
British and American institutions, for example, define the specific elements of each
crime such as burglary is defined as breaking, entering a home at night and with the
intent to commit a crime; this means that a criminal charge for burglary requires the
presence of these elements.
Furthermore, it is necessary to underline a fundamental principle called the principle of
legality or lawless non-punishment according to which no one should be legally
punishable for their act or omission unless such criminal conduct has been provided for
by the legal definition of crime, that is, always present in the law. English and American.

15.1. Physical element: actus reus

The cactus reus has three elements: conduct, circumstance, consequence or result. For
example, the cactus reus of the murder contains all three.
Furthermore, a distinction is made between the crime of
- conduct which are those in which the conduct itself is criminal
- result or consequence which are those in which the conduct itself is not criminal but the
result of the action.
The cactus reus refers to external elements of a person's voluntary act.

15.2. Mentale element: mens rea

the mens rea includes three moods or modes of guilt: intention, imprudence, negligence.
Intention is the highest stage and includes:
- direct intenta c cording to which a person with the clear purpose of committing to do
that thing
- oblique intent according to which a person achieves the result knowing that the
consequence could lead to another result.
Intention therefore describes a person who acts with a subjective intention to produce
one or more prohibited results.
Recklessness describes a person who knows the risky consequences but still proceeds
with an unreasonable action. A distinction is made between subjective and objective
Recklessness and there is the principle of law according to which whoever commits a
crime is more guilty than whoever acts recklessly.
Negligence is the least serious state and describes a person as warned of the
consequences of his disclosed conduct but is nonetheless a reasonable person in the
circumstances in which he would have foreseen the consequence.
Another state of mind is the transferred intention in which an act directed at one
person causes damage to another

15.3. Legal protection of criminal liability (Tutela giuridica della responsabilità

penale)
When a person goes on trial for committing a crime he can invoke a defense that could
preclude the prosecutor's conviction.
The most common defenses are: non-insane automatism, madness, intoxication,
necessity, compulsion, self-defense.
1. To deny the act of reus by citing:
- non-insane automatism that is when a person commits a crime as a result of involuntary
actions
2. To deny the mens rea:
- madness that is when a person has not been able to understand or control the actions for
his mental illness
- intoxication that is when a person was under the effect of toxic substances
3. To justify his actions:
- compulsion that is when a person has been forced or threatened to act in that way -
necessity that is when a person has been forced to commit the crime because there was
no other solution to avoid the harm
- self defense i.e. when that person used force to defend himself.
Unit 2
1. Property Law
The right of ownership gives the various forms of ownership, from real estate or
personal property or people who own things.
It includes two concepts: ownership and possession

1.1. Ownership (Proprietà)

Ownership escribes a right to use, possess and dispose of a thing and distinguishes
between:
• corporeal property which refers to a tangible thing such as a self
• incorporeal property which refers to something immaterial such as a right.
Furthermore, the general position is that the owner of a thing can alienate or transfer
some of these rights and keep others; for example an owner of a land can grant to
cross it, this is called right of way or easement of way.

1.2. Possession (Possesso)

Possession instead describes the degree of effective control of the property (corpus
possessis) combined with the intention to use it as one's own said intention to possess
(animus possessis).
Possession refers only to tangible things.
The process of separating ownership and possession is called bailment or temporary
transfer of possession of assets by the owner to another person.
1.3. Possession by consent (Possesso con consenso)
One way to acquire an interest in a property and through a consensual transaction with
the previous owner, this is referred to as possession acquired by consent which can
occur by will, gift, sale or lease.
-The will is a written declaration made by the testator expressing the will to donate his
assets upon his death. Any testator must have testamentary capacity or must be an
adult and sane person
- a gift is a free transfer of ownership of an asset by the donor and can be made by
deed or by donatio mortis cause i.e. after death
- a lease agreement is a contract whereby the owner of a property leads another
person to own the property for a specified period.

1.4. Possession whithout consent (Possesso senza consenso)

Ownership can pass to another person even without the owner's consent, this is called
possession acquired without consent.
This happens either when a person has gone bankrupt or when he has not left a valid
will upon his death.
If you die without leaving a valid will, the property must be divided according to a
precise gift called the rules of intestacy.