1.

Introduction to Law and Its sources

What is Law?

The English word law has its origin in the old Norwegian word meaning “laid down”. It may refer both to something
observed as a natural phenomenon or to a rule set by human beings for regulating they mutual coexistence.

On this basis we can distinguish two kinds of laws, namely, descriptive and prescriptive ones. The former describes
how something behaves, the latter prescribe how one should behave.

If something is prescribed, a situation when someone breaks such a prescription (a rule) may arise. And it stands to
reason that there must be a sanction, or we can say penalty or punishment when someone behaves this way.

Sanctions may be classified according to seriousness or institutions providing for these rules. The most informal
institution is a society in general. At this level sanctions may take the form of some negative reactions such criticism
or invectives.

If we move forward, at a more formal level of institutions sanctions are felt more strongly. These institutions include
schools, sport clubs etc. The ultimate penalty in this case is an expulsion from the respective institution, or one may
be subject to a simple warning or may face suspension or financial penalty.

At the most formal level, in which we are most interested in, we can find the powers that the State dispose of, that is
police, courts and the rule-makers. At this level, a government made-laws have the form of statutes in civil law
countries and/or precedents in common law countries.

Two kinds of legal actions may ensue. First one is a civil action. Aggrieved party may bring a civil action against other
who caused its harm. Their dispute could be dealt with in a civil court if one of them refuse to settle privately. The
usual award to the winning party is damages = financial compensation.

Second one is a criminal prosecution. Criminal prosecution is conducted by the State. This situation may occur when
someone’s behaviour is considered harmful to the well-being of the whole society. In criminal trial, the defendant’s
guilt must be proven beyond the reasonable doubt. If he/she loses, he may be convicted and sentenced to a fine for
example or even to imprisonment.

Why we need law? The law must provide a way to resolve disputes in society peacefully. An essential principle is that
the same law applies to everybody, even to police or public officials.

Let’s move to meaning of English word law and Czech equivalents. There are more Czech words corresponds to this
word depending on the context.

1) Law as a mass noun (often as the law) can be understood as the system of rules a particular country
recognizes as regulating the actions of its citizens and it may by enforced by the state authorities. (Breaking
the law)
a. As a count noun – a law – we understand an individual rule as part of a system of law (a new law was
passed).
b. Or as systems of law as a subject of study, something regarded as having binding effect (what he said
was law
2) A rule defining correct procedure or behaviour in a sport – the laws of the game
3) A statement of fact, deducted from observation – the first Newton’s law of motion.

Law – objektivní parvo // Right – subjektivní právo

Sources of law

Sources of law refer to the origins from which rules of human conduct come into existence and derive their legal
force. They include customs which were then transformed into precedents, legislation and interpretations of both.

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We know 2 main legal traditions in the world, the Anglo-American common law and the civil law based on Roman
law. The difference between these 2 is based on how much precedents or legislation are used in particular legal
systems.

Common law is an English development (especially). After 1066 monarchs began to unite the laws of the country by
using the King’s court. Judges created a common law drew on customs and rulings by monarchs.

By contrast, European rulers drew on Roman law, especially on Justinian’s Corpus iuris civilis which was rediscovered
in 11th century in Italy.

In these days, the difference between common and civil law lies in the main source of law.

In common law countries, as the main source of law are regarded precedents or judicial decisions which are binding.
This fact suggests the judges have an active role in developing rules, they make law and act as an arbiters between
parties. To reduce inconsistency, courts abide by precedents set by higher courts examining the same issue, this is
known as the doctrine of stare decisis.

On the contrary, civil law is codified. It means the main source of law are codes and statutes. Judges have more
limited role in civil law countries. Their role is to apply law and act as an investigators within the framework
established by codified set of laws.

Civil law systems are more widespread than common law systems. Common law systems can be found in countries
that are former English colonies or have been under influence of Anglo-Saxon tradition, such as Australia, India,
Canada, USA. Civil law countries, on the other hand, are those that were former French, Dutch, German, Spanish or
Portuguese colonies.

Advantage of common law system is flexibility because it is easier to adapt to new circumstances. Civil law system, in
comparison, is considered to be more stable and fairer than common law systems, because law are stated explicitly
and are easier to recognize.

Equity

Can be understood as fairness. By the fourteenth century, many people were dissatisfied with common law and the
King of England was receiving many complaints. They argued that judgments were unfair, the law was applied too
strictly, and the outcomes were unhelpful. This resulted in establishing a complementary rule of law which dealt with
problems where the common law could not help. It became known as the doctrine of equity.

If there are differences between the common law and equity, equity should prevail (should take priority).

Equity and common law offer different ways of compensating for loss, i.e., providing a remedy.

Remedy = a court order to enforce compensation for loss

Common law remedy = damages, which is monetary compensation.

Equitable remedy are judicial remedies developed by courts of equity from about the time of Henry VIII to provide
more flexible responses to changing social conditions than was possible in precedent-based common law.

- Specific performance = a court order for a party to perform the actions required under a contract
- Injunction = a court order to do something, or to stop doing something
- Restitution = means putting the parties back into the position they were in before the contract was made.

Legislation

Can be divided into two strands, primary and secondary ones. The primary is made by the supreme legislative body,
the most frequent name is Parliament.

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In Britain, laws falling within the scope of primary legislation are divided into public and private or local ones. The
former applies to entire community, the latter to a particular individual or group of individuals.

The secondary, also called delegated legislation, because of the primary law-making body transfers the power to
make laws to a subordinated one, for example ministries in the form of statutory instruments, or local authorities, in
the form of by-laws (ordinances in USA).

By-Laws
The rules and regulations enacted by an association or a corporation to provide a framework for its operation and
management.

Legislative body = a political institution which holds the legislative power in a state, and often controls the executive
power.

Statute = written law

Act = the word used in the title of a law

Czech Republic UK

Částka Chapter
Část, hlava, oddíl Part, title, subpart/chapter
Paragraf Section
Odstavec Subsection
Písmeno (pododstavec) Paragraph
Věta/bod Subparagraph

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 2. Division of Law
In general, law is divided into two separate branches called private and public law.

Private law deals with relationships between individuals, such as contracts in common law or law of obligations in
civil law countries.

Public law is concerned with relationship between individuals and the state. Public law includes criminal law,
administrative law and constitutional law.

The most prominent areas of these two branches are civil law and criminal law, respectively, as each of them
pursues completely different objects, namely, redress and punishment.

Civil law – seeks to redress wrongs by enforcing compensation or restitution. (Civil law can be defined as a body of
law deals with private right and liabilities, civil cases usually concern private disputes between persons or
organizations.)

Criminal law – on the contrary, imposes punishment on the wrongdoer fulfilling the aims of retribution, deterrence
and reformation at best.

Both these types can be sub-divided into substantive and procedural law. Substantive law defining rights and duties
of people. Procedural law is a branch that prescribes the procedures and methods for enforcing rights and duties and
for obtaining redress or punishment.

Now I would like to mention some traditional branches of private and public law. In case of private law, specifically:

- Law of torts: can be defined as the body of law dealing with compensation the victims of civil wrongs
independent of contract.
- Law of contracts: can be understood as branch of law governing the creation, variation, enforcement and
annulment of legally binding agreement between individuals.
- Law of probate is the body of law governing arrangements relating to the validity of will and the
administration of estates after the owner’s death.
- Family law: is the area of law regulating family relationships, including marriage and divorce, the treatment
of children, and related economic matters.

On the contrary, the branches of public law are:

- Criminal law could be defined as the part of law which deals with illegal conduct prohibited and punished by
the government because it threatens and harms public safety.
- Administrative law is an area of law that governs the activities of administrative agencies of government.
- Constitutional law is the body of law which defines the role, powers, and structure of different entities
within a state, namely, the executive, the parliament or legislature, and the judiciary, as well as the basic
rights of citizens and, in federal countries USA and Canada, the relationship between the central government
and state, provincial, or territorial governments.

Civil and criminal procedure

Civil law can be defined as a body of law deals with private right and liabilities, civil cases usually concern private
disputes between persons or organizations.

Criminal law could be understood as the body of rules defining the offences against the community at large. It
regulates how suspects are investigated, charged and tried.

The parties in civil procedure are claimant (which is an expression used in England) or plaintiff (expression used in
USA). This is a person who takes the legal action again defendant, the person or entity that is being sued. As we can
see, civil procedure does not involve state (or it does, but as a not-involved third party), so the claimant or plaintiff
must commence the legal proceeding.

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In criminal procedure, on the other hand, the person who commits a crime is a criminal or an offender and if he is
charged, like in civil procedure, we name him a defendant. Person who suffers is a victim, but in criminal procedure
the other party is a state represented by a prosecutor.

The wrong in civil procedure is called civil wrong or tort, which is a careless act of another party, while in criminal
procedure is known as a crime or an offence – these acts are considered to be harmful to society as a whole.

The aim of civil procedure is to compensate people for monetary losses or settle disputes. The goal is to return the
person who suffered a loss to the same position he was before the loss happened or to resolve a disagreements.

In case of a criminal law proceedings, the state tries to bring justice to the victims.

Standard of proof is lower in case of civil procedure than it is in criminal procedure. In civil procedure, the claimant
must prove that the defendant committed a tort on the balance of probabilities, which means approximately more
than 50 % likely.

On the contrary, in criminal cases, there is a potential loss of liberty and personal rights are involved. Because of that,
as I said, the standard of proof in criminal proceedings is higher than in civil ones. The prosecutor must prove that the
defendant committed the crime beyond reasonable doubt. It means the prosecutor has to demonstrate very high
burden of proof against defendant which brings a very high level of certainty of defendant’s guilt.

In the civil procedure, if the court is satisfied that the claimant has proved his case on the balance of probabilities,
the defendant is found liable, if not, the defendant is found not liable. And what are the possible outcomes when
the defendant is found liable? The court may award damages to the claimant or other remedies, specifically
equitable remedies which include specific performance or an injunction.

In case of criminal procedure, if the court is satisfied that there is no reasonable doubt, the defendant is found guilty
and convicted of the crime and also sentenced, that mean the punishment is given to him. If there is a reasonable
doubt, the defendant is fount not guilty of the crime and he is acquitted.

The defendant can be also sent to jail or imprisoned if the crime is serious.

Systems of courts in England and in Czech Republic

England

Minor criminal offences are tried at the Magistrates Courts. Most civil litigation, such as contract and tort matters or
“slip and fall” accidents, take place in the County Courts.

The Crown Court handles trials of serious criminal offences where the defendant normally has a right to a trial by
jury. It also hears certain appeals from the Magistrates' Courts and can also be involved in sentencing a person
convicted of a crime in the Magistrates' Courts.

The High Court is both an appellate court (for certain decisions from lower courts and tribunals) and a court of first
instance for cases of particular significance or value.

The High Court has 3 division: The Queen’s bench division hears cases involving contract and tort law matters, the
Chancery Division handles cases involving trust law, probate matters, tax and bankruptcy, and the Family Division
that handles family law cases.

For most cases in England, the Court of Appeal will be the final court of appeal. It is split into the Criminal Division
and the Civil Division.

Supreme Court hears and decides appeals from lower courts on matters that are of general public importance. For
example, if there is an unresolved question about how a particular statute is to be interpreted, it might hear an
appeal that raises that point in order to try to settle the uncertainty surrounding it. The Supreme Court hears appeals
of all type of civil cases and all criminal cases.

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Czech Republic

The court system is composed of the Supreme Court, Supreme Administrative Court, 2 high courts, 8 regional courts
and 86 district courts.

The Supreme Court and the Supreme Administrative Court have their respective seats in Brno, high courts in Prague
and Olomouc, respectively.

The civil and criminal proceedings are governed by the „two instance“ principle. This means that if a case is decided
by a first instance court, usually a district court, the appeal against such first instance judgment is heard and decided
by a second instance court whose decision cannot be challenged by any ordinary means of remedy.

The law stipulates specific cases when a regional court acts as a first instance court and in this event a high court acts
as second instance (e.g. serious crime cases or most of commercial cases).

The Supreme Court hears extraordinary means of remedy and is responsible for uniformity of judicial practice.

The Supreme Administrative Court is the supreme judicial body competent for cases heard by administrative judges
and is responsible for uniformity and legality of judicial practice in administrative judiciary.

A special place is occupied by the Constitutional Court of the Czech Republic, which is an independent body
responsible to protect constitutionality outside the general court structure.

Tort may be explained as a wrongful act which causes harm, damage, injury to an individual's person, property or
reputation.

Contract may be understood as a binding agreement which is made between two or more parties stating the details
of promises.

A will could mean a legal document where a person states how s/he wants to dispose of his or her property when
s/he dies.

A trust might be explained as a property arrangement which aims at transferring the property to one or more
trustees who become the legal owner(s) who hold and administer the property for the benefit or advantage of
another person or a group of persons or for a specific purpose.

Crime might be referred to as illegal behaviour, which is dangerous to the society as a whole and which is
prosecuted and punished by the State.

A plaintiff can be explained as a party who takes a legal action against somebody in a civil case.

A deffendant can be explained as a party who is either sued for committing a wrongful act causing harm to someone
or charged with committing an offence.

Damages could mean a sum of money which the court orders the defendant to pay to the plaintiff as compensation
for a breach of contract or tort.

An injunction might be explained as an order of the court which is awarded against the defendant not to do
something which would be in breach of contract.

A prosecutor could be defined as a party who brings a criminal charge against the defendant.

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 3. Contracts
Contract law is all about rights or obligations arising from agreements among persons, both natural and artificial
legal ones.

A contract is a kind of agreement, but to make an agreement a contract, it must be legally binding. That means
parties must intend to be legally bound by the contract.

It is one of the essential element of the contract. Next, I should mention offer and acceptance.

- The offer must be communicated in a clear and unequivocal manner, the same applies to the acceptance.
- The offer may be taken back = revoked or a counter-offer may be made
- If something goes wrong in the process of communication, it may result in the contract being invalid, in other
words, null and void. For example, if I lie to someone, the contract may be discharged due to
misrepresentation, which means misleading someone.
- Other factors that may invalidate a contract are a mistake or duress for example = being forced to enter into
a contract.

Another element is consideration, which is an example of legalese (legal jargon used by legal professionals). In legal
English it means what is exchanged between the parties to the contract. If I want to by something, the amount of
money I offer is consideration from my part and the thing someone want to sell is a consideration from his/her part.

- May have various forms, such as something given, done or agreed to be refrained from.

Next element are the terms of the contract, which have to be certain. Parties to the contract must be clear about
what they are agreeing to. Contractual terms may take 2 forms: conditions and warranties.

- Conditions are vital for the validity of the contract, their breach may result in terminating the contract.
- Whereas if the warranties are breached, we are only entitled to seeking damages.

The terms can be also divided into express or implied ones.

- The former are those expressed in words, either orally or in writing.

- The latter are a contractual term that has not been expressly agreed between the parties but has been
implied into the contract either by common law or by statute.

In addition, the subject-matter of a contract must be legal.

And last but not least, the parties must have legal capacity = parties must be legally qualified to enter into a
contractual relationship.

Children, in legal terms minors, may make a contract with adults. In this case, we are talking about special contracts
called voidable contracts.

- Void contract may be later confirmed (ratified) or disaffirmed (avoided) by an adult.

Legal capacity = the legal rights of a person or company to make particular decisions, have particular responsibilities.

And I forgot to mention basic types of contract:

- Unilateral contract is a contract that contains only one promise in change for an act.
- Bilateral contract is a contract that contains two promises, one by each party to the contract.
- Oral (verbal), written.
- Executory = not being performed yet
- Executed = being already fulfilled

Summary

Contract is an agreement that creates a binding obligation upon the parties.

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What form does a contract take? In general, contract may be either oral or written. Certain types of contracts, in
order to be enforceable, must be written and signed. These include contracts involving sale and transfer of property.

Remedies and Discharge of contract

So how the life of a contract could be ended or terminated. We can also say discharge of a contract. It means that
the parties to the contract are released from their respective obligations.

The most obvious way of terminating a contract is fulfilment of the contract. Probably the second most frequent
manner of termination of a contract is a breach of contract. It is a situation when someone does not fulfil his/her
duties. If that happen, there must be a recourse for the other party, called remedy.

In England we can distinguish common law and equitable remedies. Most frequently, party harmed is awarded
damages (monetary compensation). Damages are a common law remedy.

- Equitable remedies include 2 court orders called specific performance and injunction. The former is a court
order for a party to perform the actions required under a contract. The latter is a court order to do
something, or to stop doing something that would be in breach of the contract.

Both parties may also agree on termination of a contract, that means they voluntarily waives their mutual rights and
obligations, which is called waiver.

If only one party wants to discharge a contract, they may agree on accord and satisfaction = an agreement (accord)
between 2 contracting parties to accept alternate performance to discharge a pre-existing duty between them and
subsequent performance (satisfaction) of that agreement.

Also, a situations when something unexpected occurs may happen, such as natural catastrophe. Events like this are
usually covered in contracts in clauses entitled Force Majeure (Act of God) which state that if something that could
not have been foreseen happens the contract is considered invalid. (frustration)

If one of the parties change his mind, they can agree on change of a party called novation.

And the last way to discharge a contract when a specified period of time has elapsed. The claim is said to be
statute-barred and the contract is said to be terminated because of limitation of action.

Parties can also stipulate in their contract a certain amount of money will be paid in case of default – situation when
a party has been delayed in fulfilling his respective obligations and not performing his part. This is referred to as
liquidated damages.

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 4. Legal Professions
Lawyers in different countries do not hold the same titles or share the same role and status.

In England, two kind of lawyers existing – barristers and solicitors.

Difference - Put very simply, barristers tend to practise as advocates representing clients in court, whereas solicitors
tend to perform the majority of their legal work in a law firm or office setting. There are, however, exceptions to this
rule in both cases. Solicitors can obtain ‘rights of audience’ which enables them to represent clients in court. This
means that solicitors can now perform many of the functions of a barrister up to a certain point, although barristers
are able to work in a significantly higher level of court than their solicitor counterparts.

Solicitor’s scope of work is wide. They draw up a various legal documents and make them official, they also prepare
cases for barristers defending those accused of crimes in courts.

- They are members of Law society. To become one, you need to be a law graduate. Law graduates start with
one-year Legal Practice Course. After they successfully complete it, they undertake practice-based training
known as training contract = 2 years contract during which trainee solicitor gains experience. As a part of the
training, trainee solicitor must also successfully finish the Professional Skills Course.

Barristers is a qualified legal professional who offers specialist advice whilst representing, advocating and defending
its clients in court or at a tribunal.

- They are members of the Bar Council of England and Wales. To become one, you must first obtain an
undergraduate degree in law (LLB), or an undergraduate degree in any other subject followed by the
conversion course.
- The second step is one-year Bar Professional Training Course.
- Last stage is completed by pupillage, which means one year spent as a pupil in barrister’s chambers.

I should also mention terms notary and notary public. The former, in England or USA, does not denote a separate
profession. The latter denotes a professional who has authority to witness and draw up only certain documents and
make them official. In England it is performed by solicitors, in the USA this may be done people who have not
qualified as lawyers.

USA

American lawyers are called attorneys, they are all-rounders doing all kinds of legal work.

- Future lawyers in the USA need to finish 4 years of college with good grades and pass the Law School
Admission Test (LSATs).
- Then they attend a law school for 3 years to get a law degree.
- To practice law in a particular state they need to be admitted into the State bar, which they can accomplished
by passing the bar examination.
- Judges preside over local, state and federal courts. They can be appointed or elected.
- Minimum educational requirement is a bachelor’s degree. State or federal judges need a juris doctorate at
the minimum.
- Most local and state judges are elected in local election, and they campaign actively for their position.
- Federal judges are appointed by the president and serve a life term.

Czech Republic

The legal professions in the Czech Republic include judges, public prosecutors, attorneys/advocates, notaries and
executors.

They need to meet several conditions, such as no criminal record, master’s degree in law, being a Czech citizen,
passing a special examination, moral qualities, certain age and necessary practice.

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The necessary practice is associated with the term legal trainee. Legal trainee is described as a person whose name
has been entered in the Register of legal trainees maintained by the Bar. To be able to enter into this Register,
person have to have full legal capacity, a master’s degree in legal studies, have no records of criminal convictions
and have to be employed by a lawyer or a Company for the set weekly working hours under special legislation.

- Lawyer – a person legally allowed to act on behalf of clients.

- Attorney/advocate – a person acting for one of the parties in legal proceedings.
- Counsel – person learned in law who gives advice?
- Prosecutor – a person conducting criminal proceedings in the Czech Republic / who charges suspects with
crimes.
- Solicitor – person who advice clients on legal matters in England, a lawyer with certificate to practice law – E.
- Barrister – a person who provides special legal advice and has the right of audience in all English courts.
- Judge – a person presiding over a court.
- Notary public – a lawyer licensed to act in legal affairs (witnessing and drawing up documents)
- Paralegal – a legal assistant
- Trainee – a person undergoing professional training at a law firm.
- In-house lawyer/counsel – a person who works within a company and deals with their legal matters.

Legal language

Legalese, plain language movement, principle of accessibility.

Legalese is legal jargon used by legal professionals, words, phrases and writing styles specific to your profession.

This practice often confuses people who are non-lawyers because they are not familiar with the language.

This problem was recognized and gave rise to a philosophy called Plain language movement. Supporters of this
philosophy believe that all documents, even the legal ones, should be written in way everybody would understand it
easily the first time they read them.

What it means – eliminating legal expressions which have a plain English equivalent, avoiding Latin expressions and
archaism and using short sentences by reducing the number of unnecessary words, for example, instead of phrase:
the applicant bears the burden of proving we should say the applicant proves.

People should be able to understand the documents that bind them or state their rights, this is known as the
principle of accessibility.

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 5. Criminal law and procedure
A crime is an illegal act which may result in prosecution and punishment by the state if the accused is convicted.
Generally, in order to be convicted of a crime, the accused must be shown to have committed an unlawful act (actus
reus) with a criminal state of mind (mens rea).

(We must distinguish crime and a crime, crime could be described as a criminal activity, while a crime refers to as
criminal offense itself.)

We can distinguish 2 kinds of legal responsibility = liability, civil and criminal, so what is it that makes someone
criminally liable? This varies from country to country. Not everything what is punishable in one country need to be
punishable in another one. Nevertheless, acts like stealing, physically attacking someone or damaging property is
punishable all over the world.

The goal of criminal law is to prove, that the defendant was at certain place at a certain time and did something
against the provisions of the Criminal (Penal) Code – this is called proving Actus Reus – the crime itself. In addition, I
should mention Mens Rea, Latin for guilty mind, which could be understood as the mental state that person must be
in to be responsible for intentionally committing a crime.

In order to be found guilty of a crime, one has to be proven to have both.

In England, most of the criminal cases, specifically misdemeanours start in a magistrate’s court, and they are tried
summarily = without unnecessary delay.

More serious crimes – felonies are referred to higher court (Crown court) to be “tried on indictment” (with a formal
accusation).

Some crimes (offences) are triable either way and the defendant can choose. He could be tried by a bench of
magistrates who pass sentence or by a Crown court jury which decides the question of fact = whether he is guilty or
not and on the basis of the verdict of the jury the judges either sentence or acquits the defendant – this is one of the
question of law the judge is involve in – next are conducting a trial, summarizing the evidence and explaining legal
matters to the jury.

Jury = ordinary members of the public who decide the question of fact. No one connected with a world of law serve
on a jury. (a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of
evidence submitted to them in court.) = one should be judged by his own peers not by experts standing above him.

When the defendant is being judged, he may claim he has an alibi = he was not at a particular place at a particular
time. Apart from that, he also may state reasons for being excused for committing the crime he is charged with.

The reasons for being exempt from criminal liability are called defenses and include duress, insanity and
self-defence. (okolnost vylučující protiprávnost).

- Duress means being forced to commit a crime by threats that I or someone close will be harmed if I do not
cooperate. Can be used for example by an accessory to a crime = meaning is being an accomplice.
- The defense of insanity requires proving and doctor’s opinion. The defendant may end up in mental hospital.
- Self-defense, this practice varies from country to country, for example in some American states shooting an
unarmed burglar fine and legal, in our country and I believe in whole Europe it would be seen as using
unreasonable force. So, the defendant must convince the court that the force he used was reasonable to
protect himself.
- The defendant may also argue lack of Mens Rea but, for example, being drunk or under influence of drugs is
actually considered an aggravating circumstance rather than a mitigating one.
- Mitigation = reasons your punishment should not be harsh, it is not a defense.

If the defendant is not found guilty, he is acquitted. If he is, the final part of the trial is sentencing him. The judge has
number of sentences at his disposal. The fine may be imposed on the defendant, imprisonment is also in the game
or community service.
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 - Fine = financial penalty is imposed for example on drivers for speeding.
- Imprisonment may range from short-term in jail to life imprisonment or being imposed straightaway or
conditionally. The defendant who has been given a conditional, or suspended, sentence is required to keep
out of trouble for a specified period of time and if he does not, he is sentenced for the original crime as well
as for the new one.
Probation, which is a kind of conditional sentence, when the defendant, typically, a young delinquent, is left
at large but he or she is under supervision of a probation officer. This also applies to some convicts who have
been released on parole, i.e., before the end of their term in jail.

Individual steps in a criminal procedure

Criminal procedure deals with the set of rules which govern how court will process criminal cases.

- A crime has to be reported, then police investigating whether the crime has been committed or has not and
whether there is enough evidence. If the answers to both questions are yes, police can arrest a suspect and
take him into custody.
- Next step is charge of suspect, after that the suspect can be either released on bail or remanded in custody.
- Trail starts by reading indictment.
- The defendant can plead guilty, then he will be sentenced by a judge or not guilty, the trial continues by
selecting a jury.
- After that, the trial consists of opening statements, prosecutor then calls witnesses to give evidence. A
defense counsel can cross-examine witnesses.
- After all evidence has been presented, a prosecution and defense review their case in closing statements.
- The jury leaves courtroom to consider evidence and to reach verdict.
- The accused is convicted of the crime and sentenced by the judge or acquitted. The defendant may appeal
against the judgement. Typical sentences are a fine, imprisonment and community service.

- Assault means acting in such a way as to make someone believe that he will be hurt.
- Treason means betraying a country he is from to a foreign power.
- Piracy means copying patented inventions or copyrighted works.
- Burglary means entering a building illegally and stealing things.
- Blackmail means getting money from people by threatening to publicise facts they do not want to reveal.
- Extortion means getting money from people by using threats.
- Fraud means getting assets from people by making them believe untrue things.
- Bigamy means going through a ceremony of marriage when you are still married to someone else.
- Assassination means killing a public figure illegally and intentionally.
- Murder means killing someone and intentionally.
- Manslaughter means killing someone unintentionally or in mitigating circumstances.
- Forgery making an illegal copy of a banknote or document.
- Bribery means offering corruptly to get someone to do something to help you.
- Slander means saying something which damages someone’s character.
- Libel mens writing, publishing or broadcasting a statement which damages someone’s character.
- Arson means setting fire to a building.
- Robbery means stealing something by using force or threatening to use force.
- Theft means stealing, taking property which belongs to someone else.
- Smuggling means taking goods illegally into or out of the country.
- Perjury means telling lies when you have sworn on oath to say what is true in court.
- Espionage means trying to find out secrets by illegal means.
- Embezzlement means using illegally or stealing money which you are looking after for someone else.

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 6. Law of Torts
Tort is a private wrong. It means that someone behave in way that harms other people or their property and the
person who is injured by this behaviour may recover damages = monetary compensation.

The wrongdoer (tortfeasor) may be sued by the injured person to recover damages to compensate for the harm.

The conduct that is a tort can also be a crime.

Intention is not always required, in some cases, there is liability for a tort even though the person committing the
tort did not have any intent to do so.

Types of torts

Basically, we can distinguish 3 types of torts.

- Intentional torts – wrongdoer intentionally violates a legal duty he owed to the victim.
- Torts based on negligence are those in which the tortfeasor violated the duty to exercise reasonable care in
his actions with others.
- Strict liability torts – strict liability can be called absolute liability. The person is legally responsible for
damage or injury even, if he is found strictly liable, he was not at fault or negligent, so the injured party is not
required to prove fault – liability is strict. For example, injury caused by wild animals in the care of the
tortfeasor.

Distinguish between intentional tort and negligent tort is important because if someone wants to sue for intentional
tort, he must prove the intent of the potential tortfeasor.

Crimes vs Torts

A tort is a wrong arising from the violation of a privet duty, whereas a crime is a wrong arising from a violation of a
public duty, but a crime can also constitute a tort.

Main types of torts: trespass and false imprisonment

Trespass

We can distinguish a trespass to the person and trespass to land.

- The former means a direct or an intentional interference with a person’s body or liberty so as we see, it may
take 2 forms, the battery – an actual harm caused to someone and an assault – making someone believe a
battery upon his person was about to be committed.
- The latter is a tort that is committed when an individual or the object of an individual intentionally enters the
land of another without a lawful or without owner’s permission.
- We can also talk about a trespass to personal property, which is a situation when the wrongdoer uses
someone’s property without his or her permission.
- Last but not least is conversion which is the civil side of the crime of theft. It means the someone’s personal
property is taken by the wrongdoer without owner’s permission. It also requires an intention to deprive the
actual owner of his or her ownership.
- The defense to assault and battery would be self-defense.

False imprisonment

Occurs when a person is detained without his permission. It can take form of kidnapping or detaining a shopper for
suspected shoplifting without reasonable grounds whereby the first is an extreme form of this tort.

A defense to false imprisonment would be consent of the detainee (shopkeeper’s privilege = owner has reasonable
grounds to believe that detainee is guilty of shoplifting).

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 Main types of torts: negligence and malpractice

Negligence

By negligence may be understood situation when the wrongdoer violated the duty to exercise reasonable care in his
actions with others.

- For example, driving slower than the speed limit does not in and of itself prove that the driver was acting
reasonably, driver should also consider weather or road condition and adjust the driving speed accordingly.

Elements required to establish negligence:

- The presence of duty.

- A voluntary act or failure to act (an omission) that breaches the duty.
- Proximate causation of harm
- And damage = breach of duty causes harm to the claimant.

Torts involve duties created by law. This means a plaintiff will not be allowed to recover from a defendant if the
defendant did not breach a duty that was owed to the plaintiff.

To be legally responsible for damage, there must be proof that the wrongful act was the proximate cause of the
harm. The plaintiff must prove that the defendant’s actions proximately caused the plaintiff’s injury.

In case of damages, the plaintiff may recover damages for economic losses such as lost wages and medical expenses
or he may also recover non-economic losses such as for pain or suffering – it is at the discretion of the judge.

Malpractice

It is a failure by a professional, for example a lawyer, to use the skills and care that other members of their profession
would use under similar circumstances. These professionals have a duty to exercise skill and care as in common
within the community for persons performing similar services so, the failure to fulfil that duty is malpractice.

Nuisance

Nuisance is a tort consisting of anything that interferes the rights of citizens – enjoyment of their property or their
comfort. Unlike trespass to land, nuisance does not require interference with the possession.

Nuisance could be divided into different subheads like nuisance per se, public or common nuisances, private
nuisances etc.

A public nuisance is a situation when an action disturbs public order or constitutes an obstruction of public rights. In
order to constitute a public nuisance, it is not necessary to affect the whole community.

At common law, the term public nuisance covers a variety of minor criminal offenses that interfere with public health
for example.

A private nuisance exists when someone unreasonably interferes with the private use and enjoyment of one’s land,
for example when someone disturbs the comfort of its occupants.

Defamation

Defamation means spreading false information or false and derogatory statement that could harm someone’s
reputation and good name.

It consists of 2 torts: libel and slander.

- Libel mens writing, publishing or broadcasting a statement which damages someone’s character.
- Slander means saying something which damages someone’s character.
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Plaintiff must prove:

- That a statement was made about his reputation, honesty or integrity is not true;
- There was a publication to a third party = another person hears or reads the statement, and;
- He suffers damage as a result of the statement = there is a proximate cause between the statement and
harm.

Public figures should understand they have to take some risk in being in the public eye. Third party defaming public
figure must know the statement is false and they have to make them with malice (intent to harm) or negligence in
order to be liable for defamation.

Facts v. opinions

Statements made as facts are frequently actionable defamation. Opinions are not actionable.

Strict liability torts + vicarious liability

Strict liability

Generally, liability based on a tort only arises where the defendant either intended to cause harm to the plaintiff or in
situations where the defendant is negligent.

However, an absolute liability is a legal responsibility for damage or injury, even if the person found strictly liable was
not at fault. Plaintiff must prove only that the tort happened, and that the defendant was responsible for the act or
omission.

A common example of strict liability is imposing product liability in the case of defectively manufactured products.

It applies especially in cases involving dangerous activities. Basically, it is a situation or activity that is dangerous to
the public.

Vicarious liability

It is the responsibility of the superior for the acts of their subordinate. Typically, liability arises from the relationship
of master and servant which includes the power to direct the servant in the execution of the duties of his/her
employment and control the acts that no injury is done to third person.

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 7. Law of property and Law of trusts
Property itself could be divided into personal property and real property or real estate. The first one could be
further subdivided into tangible and intangible assets.

- Tangible assets are physical parts of the world such as cash, cars, equipment etc.
- Intangible assets do not physically exist that have a monetary value, for example intellectual property like
patents, copyrights and company’s brand.

The synonym in civil law jurisdiction for personal property is movable assets/property, movables. For real
property/estate it is immovable assets/property, immovables.

First of all, we can distinguish between freehold and leasehold.

- Freeholder holds the land until he or she dies and then the land passes to their heirs.
- The leaseholder possesses the land for a certain period of time.
- This relationship is also referred to as that of landlord and tenant.

The leaseholder, also termed lessee (as opposed to the lessor) has certain rights and duties.

- The right to possess the land exclusively which means no one, even the owner of the land, can interfere with
his use of the land without his permission.
- Even selling the owner’s lease is often blocked by a restrictive covenant (a clause) in the lease contract.
- Among the lessee’s duties is to pay rent and to keep the land in good condition.

There are sanctions available to the owner in case the leaseholder breaches his or her duties.

- The mildest one is a warning which can be used for example when the leaseholder is in rent arrears (has not
paid the rent on time)
- The ultimate sanction is eviction (vystěhování). In legal terms it means their lease is fortified = ended as a
kind of punishment.

The law of course also recognizes other rights to land, termed interests in or charges over land. We should mention 2
of them.

- The first is an easement, which is the right to use, or restrict the use of the land of another person in some
way.
- Secondly, the most common way how to buy a dwelling are mortgages.

Mortgage is an interest in land given as a security by a person who borrows money from another, typically bank.

- The former is called mortgagor (hypoteční dlužník), the latter is referred to as the mortgagee. So, mortgagor
is the borrower, mortgagee is the lender.

The transfer of land to another person is called conveyancing (převod nemovitého majetku) - typical job for a
solicitor, who needs to check all rights and duties attached to the land.

In the past, all the information could be found in title deeds, documents recording all transfers of the land and rights
and duties attached to it. In the modern era, these are now recorded in the Land Registry.

- Freehold – an absolute right to the ownership of a property for an unlimited time without paying rent.
- Leasehold – the right to own or use a piece of real property for the period of time specified in the lease.
- Freeholder - an absolute owner of the land with freedom to dispose of it.
- Leaseholder – a person holding the property by lease.
- Tenant - a person who has the right to use a particular property or piece of land to live in or for work, usually
in return for paying rent.
- Landlord/landlady - a person who owns property and rents/leases it to a tenant for profit.

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 - Lease - the agreement that gives a tenant the right to possess or occupy property either for life for or a
certain period of time.
- Lessor – the person who grants a lease.
- Lessee – the person who is granted a lease.
- Covenant – a binding promise usually contained in a lease.
- Rent - payment made by a tenant to a landlord or landlady for the use of property.
- Title - the formal right of ownership of property.
- Easement - the right to use or restrict the use of the land of another person in some way.
- Mortgage - security interest in real property or shares as security for money borrowed interest in/over land.
- Mortgagor - the person who has borrowed money and gave his/her real property as security.
- Mortgagee - the person or business has lent money that is secured by the real property.

Law of probate

Law of probate = an area of law dealing with the property of the deceased. The word probate also means verification
of the will by the court.

Law of succession – rules which clearly lay down who is entitled to the property of an intestate person and in what
order.

Land may also be transferred by a will. One who writes or makes a will is called testator or testatrix. If someone
passes away without will, they are said to die intestate, for example, when there is nothing to be bequeathed.

If someone dies intestate, his/her property is divided accordingly to the law of succession. Law of succession lays
down in on what order the individual members of the family are entitled to inherit. Partial intestacy = situation when
someone include in the will only part of their intestate.

Will must be in writing and signed by the testator and 2 witnesses to be valid. There is an exception that applies to
soldiers at war, they are allowed to make a will orally.

When someone dies and the executor of the will is named in the will, the property of deceased passes to his hand. If
there is no will, the administrator appointed by the court will take care of it.

They hold the property on trust until the taxes and other debts are paid and then they distribute the loot to those
named in the will or to those entitled to inherit = heir or heiresses.

- Probate – legal process of settling the estate of a deceased person / the official proving of a will by a court –
authentic or valid.
- Inherit – receive a property of a dead person.
- Will – document stating what a person has decided to do with his property after his death.
- Testator – person making a will.
- Executor – person appointed by the will to administer the property of the testator.
- Bequeath – To leave or give by will.
- Intestate – not having left a will.
- Succession – The process of becoming entitled as a legal beneficiary to the property of a deceased person.
- Partial intestacy – there is a will dealing just with a part of the deceased’s property.
- Inheritance tax – tax paid from money someone have received from a dead person.
- Administrator (of an estate) – a person appointed by the court to take charge of dead person’s property if
there is no will.

Law of Trusts

A trust is a legal device used to set aside the money or property of one person, called settlor, for the benefit of
another person – the beneficiary. For example, a trust can be created when a property is to be held for a minor or
when a charitable purpose is to be supported.

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A trust is not a legal person. The settlor transfers the property to trustees who own the trust property with respect
to third parties.

The trustees have fiduciary duties in relation to the beneficiaries of the trust. Fiduciary duties are legal duties to act
in the best interest of a client or beneficiary = trustees have a duty to manage the trust property = corpus of the
trust, for the benefit of the beneficiaries.

Trusts are divided into private and public (charitable) ones. The former can be further subdivided into express,
implied and constructive trust.

Private

One of the most common type of trust is express trust. It is type of trust created expressively by the settlor during his
lifetime or by a will. The beneficiaries are clearly identifiable, and the trustee is appointed to administer the property
according to the terms set out by the settlor.

Implied trust is a type of trust created based on presumed intention of the settlor. Any express intention on the part
of the settlor is absent.

Constructive trust is a trust created by a court regardless of the intent of the parties. The trust is imposed by law.

The second category is the public (charitable) trust. Instead of settlor there is a donor, and the beneficiaries need
not to be certain. Charities enjoy tax exemptions.

- Beneficiary - a person entitled to receive funds or other property under a trust, will, or insurance policy.
- Breach of trust - violation (either through fraud or negligence) by a trustee of a duty that equity requires of
him.
- Constructive trust - a trust created by a court (regardless of the intent of the parties) to benefit a party that
has been wrongfully deprived of its rights.
- Express trust - a trust created by the free and deliberate act of the parties involved (usually on the basis of
written documentation).
- Implied trust - a trust that arises from the unexpressed and presumed intentions (inferred from the conduct
of the parties, language, or relationships).
- Public (charitable) trust - a trust created for charitable or religious or educational or scientific purposes.
- Fiduciary duty - the legal duty of a person to act in the best interests of the beneficiary.
- Settlor - a person who creates a trust by giving real or personal property in trust to a trustee for the benefit
of a beneficiary.
- Trustee - a person to whom the legal title to property is entrusted to hold or use for another's benefit.

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 8. Intellectual property
Intellectual property law relates to establishment and protection of intellectual creations such as inventions, designs,
brand, artwork and music. These rights are established, protected and enforced through means such as patents,
trademarks, trade secrets, design and copyright.

I would like to start with copyright, which is kind of intellectual property law, probably the best-known to the public
and patent. The first difference consists in what they protect:

- Copyright protects artistic works such as films, books, software – in general, words of some commercial
value.
- Patent protects inventions and technologies – new discoveries that are usable in industry.

The second difference is how you obtain them:

- Copyright arises automatically at the moment of creation of a work so there is no need to apply for it.
- Patent must be applied for and to be granted they have to meet 2 requirements, namely:
o Novelty – it must be something new and;
o Industrial applicability – it must be something that is applicable in industry.

To use copyrighted work or patent one must usually pay for it but, especially with copyright, the permission is often
granted for free when it is used on a small scale (fair dealing/use). For example, a book can be copied but only for
non-commercial purposes.

The biggest problem is enforcement in the area of intellectual property law.

Trademarks

Trademarks are symbols, logos and names that the general public associates with certain products or companies for
example.

For those who put on the market a new product is important to create sufficiently distinct name or logo because if it
was too similar, someone could bring a passing of action against them.

Passing off is a tort consisting in using the same or a similar logo or name of the product, which may confuse the
customer.

Trade secrets – any piece of information used in a business that is not generally known to the public, for example
formulas, patterns, business plan etc.

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 9. Running a business
Various organizational forms for running a business exist. First, one may become a sole trader or a sole proprietor in
the USA.

- The advantage is that he/she enjoys all the profits.

- But he is fully liable for all debts that may arise with their personal property.
- Partnership - sole trader may also decide to find a partner to carry on a business jointly which can bring
them more profit but, alas, this kind of arrangement also brings about joint liability for any losses and debts =
partners are liable jointly and severally – one must choose carefully.

Third type of business organization is a company (corporation in the USA)

- Company is a legal entity (artificial legal person) which is separated from its members, therefore they are
usually not fully liable for debts as is the case with sole traders or partnership.
- The liability varies depending on the type of company from liability limited by shares, where members
(shareholders) are liable for debts up to a certain limit which is the capital they originally invested, to
liability limited by nothing at all, where members are fully liable for debts.
- The former includes limited companies which are further divided into private and public limited companies.
o The different lies in, whether the company issues shares that are available to public or not.
o If they are available to public, they can be sold or bought on the stock exchange.
o The abbreviations are Ltd. for private limited companies (Inc. in the USA) and Plc. for public limited
companies.

Life of a company:

- As the companies grow up, they tend to reproduce, their offspring are called subsidiaries (parent company in
the contrary).
- Companies are also subject to income tax, they have to pay corporate tax, which is not a very popular
activity so many of them seek refuge in a tax heaven, but the world are tending to curb the phenomenon of
off-shore companies.
- When a big company is interested in a smaller one, the latter could be devoured. One form is takeover when
a bidder makes an offer to purchase a certain number of shares of a public company in order to acquire
control of that company.
- The Board of directors can reject such an offer, but bidder can continue to pursue it which is called hostile
takeover.

How to the companies raise capital:

- In order to expand, they need to raise capital, they can do so by issuing shares or sell debentures (bonds) =
instruments used to borrow money at a fixed rate of interest.
- The is usually secured by a charge over a company assets.
- Dividend – proportion of the profit made that is shared to the shareholders if the board of director decide to
do so.

To set up a private limited liability company, which is the most common type of business in the UK, few legal
requirements has to be met:

- Registration (or incorporation) with the Companies House – first, one have to submit a document containing
company name, the location of its registered office and the share capital information.
- Next step is drafting a document called The Memorandum of Association = Articles of Incorporation in the
USA which includes information about the members and the share capital.
- Third document is called Articles of association = by-laws in the USA that includes details about how to run
the company and internal management.

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 - All these legal requirements are met = a certificate of incorporation is issued – company may start to
operate.

Insider trading = consists of making use of confidential information to buy or sell shares or in selling this kind of
information to stockbrokers. White-collar crime is now synonymous with the full range of frauds committed by
business and government professionals.

The final stage in the life of a company is called termination or dissolution.

- Reasons for terminating a company:

o The company is terminated voluntarily – by decision.
o The company is terminated involuntarily – for example in case of insolvency of the company.
Company is insolvent = unable to pay its debts as they fall due or when the object of the company
turns out to be illegal.
- Then, the company must go through the process of liquidation, achieved by the process known as winding
up (the process of dissolving a company).
- At the end, the company ceases to exist and is removed from the register.

If a private individuals come to this bitter end, they are said to have gone bankrupt. In the USA this distinction is not
made.

Definitions:

- Sole trader, sole proprietor – a person who owns their own business and does not have a partner or any
shareholders.
- Partnership – a relationship in which two or more people, organizations, or countries work together as
partners.
- Board of directors – a group of people elected by its shareholders to manage the company.
- Memorandum of association (articles of incorporation) – it is a constitutional document of a registered
company that must be drawn up by the person(s) wishing to set it up.
- Articles of association (by-laws) – regulations for the management of registered companies. They form,
together with the provisions of the memorandum of association, the company´s constitution.
- Debenture – it is a document that acknowledges and contains the terms of a loan (usually to a company). It is
a type of savings bond which offers a fixed rate of interest over a long period.
- Legal entity – an entity, such as a corporation, that is recognized as having legal personality.
- Insider trading – taking advantage of specific unpublished price-sensitive information to deal in securities to
make a profit or avoid a loss.

The Czech company law

The Czech company law is currently governed by three acts: by the Civil code, Act on Business Corporations and Act
on public registers of legal entities.

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Business corporation (obchodní korporace) is a new term used in company law. It is a type of legal entity. This term
covers all commercial companies and cooperatives. Legal entities are defined in the new Civil Code. In the context of
corporate law, it is a certain structure, through which people conduct their business.

Business corporation could be divided into commercial companies (obchodní společnosti) and cooperatives
(družstva). Commercial companies can be divided into two groups, personal companies and capital companies.

Commercial companies are founded by a document called Memorandum of Association. The content of the
Memorandum of Association is prescribed by law and varies according to the type of company. Commercial
companies are entered in the Commercial Register.

Personal companies include entities in which:

- all members are fully liable (veřejná obchodní společnost – usually translated as unlimited company)
- entities where only some members are fully liable (komanditní společnost – usually translated as limited
partnership)
- and European Economic Interest Grouping (EEIG).

Capital companies

- limited liability companies (s. r. o.) are those when all members are liable jointly and severally to the sum of
all of the unpaid contributions registered in the Commercial Register. The liability is therefore limited and
exists until all deposits are fully paid. Shareholders may have various rights and obligations.
- Join-stock company is one of the most complex companies whose share capital (min. 2,000,000 CZK or
80,000 EUR) is divided into shares of a nominal value.
o Shares can be traded publicly on the stock Exchange.
o Unlike other companies, the most important document is not the Memorandum of Association, but
the Articles of Association (Bylaws).
o The main body is the Board of Directors and the Supervisory Board. The company must continuously
publish reports on its management.
- European company (Societas Europaea) s a joint stock company which is incorporated under the laws of the
European Union.

The cooperatives:

- The cooperative (housing, social, manufacturing, etc.) is defined in the Act as a non-restrictive community of
people that is established for the purpose of mutual support among its members or third parties, or for
business purposes.

(Definition in interaktivni osnova)

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 10. Civil procedure
Civil procedure is one of the mode of conduction a legal proceedings, the second one is criminal procedure.

It may be defined as the body of law determining the rules that courts follow when adjudicating civil lawsuit. These
rules set out individual steps involved in civil proceedings, their commencement, progress and ending.

The civil procedure in all countries starts when someone having or feeling to have just cause brings a civil action
against someone, this could be called for example as filling a complaint.

A complaint together with a summons are served on the defendant, who is obliged to confirm the service by filling
another document with a court called acknowledgment of service. If he fails to do so, the case ends, and the plaintiff
simply wins by default.

The defendant is then required to serve a defense (an answer in the USA) within a certain time. Another option is
filling a counterclaim against the plaintiff. The plaintiff then may file a reply to the defense or the counterclaim.

All these document are referred to as pleadings (all the documents filed with the court).

After all these steps, parties may reach out-of-court settlement and end this case. If they fail to reach an agreement,
the case goes to trial, and the burden of proof lies on the plaintiff.

The trial starts with opening statements of the litigants or better, their counsel and ends with closing statements.

Between opening and closing statements is series of examinations of the plaintiff’s and defendant’s witnesses, who
are caught in cross-examination.

As I said, the burden of proof lies on the plaintiff and the case is decided on the mere balance of probabilities (there
must be more than 50 % certainty the defendant is liable).

Unless the loser of the case appeal, the trial ends by the court making the judgement, which is followed by its
enforcement.

If the plaintiff win, he is awarded damages paid by the defendant who also has to pay legal costs in many countries.

(Contingency fee – an agreement attorney makes with his client that he will only get his fee if he succeeds in winning
the case)

The enforcement of judgement may take various forms. If the loser is uncooperative, the most obvious form of
enforcing the judgement is seizure of goods. The person who disobey the court may be charged with contempt of
court.

Another way how to get money from the losing party is third party debt order, which redirects money going to the
loser to the winner. If the provider of this redirected money is an employer, it is called attachment of earning order
(wage garnishment order in the USA).

- Writ of summons – a document informing someone that they will be involved in a legal process and
instructing them what they must do.
- Complaint – the first pleading filed on behalf of plaintiff, which initiates a lawsuit, setting the facts on which
the claim is based.
- Answer (defense) – the principal pleading by the defendant in response to a complaint.
- Affidavit - a written statement that somebody makes after they have sworn officially to tell the truth, which
might be used as proof in court.
- Motion – an application to a court to obtain an order, ruling or decision.
- Brief – a document or set of documents containing the details about a court case.
- Notice – a document providing a notification of a fact, claim or proceeding.

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 Civil lawsuit in other words

It is a process by with an individual or corporation called the plaintiff brings another party, the defendant, to court.
Initially, the plaintiff files a complaint (podává žalobu). Subsequently, the clerk of the court issues a summons
(předvolá) to the defendant with a notice of the lawsuit (oznámením o zahájení soudního řízení) and copy of the
complaint. The defendant files an answer (podá vyjádření k žalobě) addressing the facts and legal claims in the
complaint.

Thereafter, the parties appear in court. They exchange information and documents related to the claim (týkající se
předmětu sporu) in the complaint and defenses asserted in the answer. At this phase I think the parties may reach
settlement and end the case.

At the trial, the plaintiff present evidence to the judge or to the citizens in a jury trial and the defendant present the
defense side of the case. However, the burden of proof lies with the plaintiff.

Finally, the judge or the jury rules either for or against the plaintiff. If any of them find for the plaintiff, the court will
award damages or order the defendant perform a specific act.

Thereafter, the plaintiff or the defendant may file an appeal and the case goes to an appellate court which may
dismiss the appeal or reverse the order or send it back to the trial court to fix legal errors.

If the defendant disobeying the judgement, s/he is guilty of contempt of court (pohrdání soudem) bringing the
danger of prosecution and other penalties.

The complaint and all other documents filed with the court are referred to as pleadings (procesní materiály) –
complaint, answer, reply, counterclaim and affidavit.

Alternative dispute resolution

Alternative methods of dealing with the disputes are arbitration and mediation.

Meditation Arbitration
People involved Parties + Mediator Disputants + arbitrator
Suitable cases Marriage disputes International trade law
Employment matters
Outcome Not binding Legally binding
Parties are expected to reach an Settlement
agreement
Follow-up Possible (e.g. custody lawsuit) Not possible (no effective appeal
process)

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 11. Sale of goods
In the eyes of the law, sale of anything is a contract. Contracts involving sales of goods can be subject to various
statutory provisions.

A consumer may be defined as a person purchasing goods or services for direct use or ownership rather than to
resale or use in industry. Consumers are seen as a weaker party, so they enjoy greater protection than businesses.
Consumer protection law is basically contract law with bits of tort and criminal law sometimes. But customer
protection is not a new issue.

There may be various types of contracts. For the sale of goods, the express and implied ones have special relevance.
These 2 types of contracts have their counterparts in express and implied contractual terms and conditions. The
express terms are either spoken out or written down = contractual terms which are clearly stated by the parties.

The implied terms include

- the seller’s right to sell (which protects the purchaser from buying stolen goods)
- it also include requirement that goods have to correspond to any description given by the shop assistant and
- the requirement that the goods have to be of a certain quality (or merchantability in the USA) – this
requirement applies only to official dealers, not casual sellers.

These implied terms are called conditions, unlike warranties that means less serious terms. Breaching a condition
entitles the party harmed to discharge the contract whereas breaching a warranty entitles him only to seek damages.

If the goods are defective, so if someone buy a faulty product, generally, they can go back to the shop and have the
faulty product exchanged or have their money refunded. The shop owner may also offer them to repair the faulty
product for free. The customer must of course prove his purchase and come to the shop within a certain period of
time to avoid his claim being statute-barred due to the statute of limitation.

A certain period of time may elapse in order to transfer the title to the goods. The general rule is that the title is not
transferred until the purchaser takes possession on the thing and the vendor receives a money for the respective
thing. Until then the vendor may retain his title.

In some transaction time is of the essence, it means times is important, because when the goods are not delivered in
time, the purchaser may refuse it, for example – daily press.

The sellers may try to avoid liability using disclaimers – a statement that the particular party is not responsible or
liable for something – for damage, loss or injury.

Another issue relating to the sale of goods is product liability which is a legal responsibility of manufacturers or
sellers to compensate buyers, users and other injured parties for injuries caused by faulty products.

- Disclaimer – refusal of rights or liability which might otherwise fall upon the person.
- Merchantability – an implied term concerning the quality of the goods.
- Product liability – the responsibility of a manufacturer or vendor of goods to compensate for injury caused
by a defective product.
- Purchaser – a person who buys, buyer, a vendee.
- Refund – a repayment of a sum of money.
- Statute-barred - action, or right, that can no longer be the subject of a legal action because of the time limit
imposed by the limitations act.
- Statute of limitation - the law establishing the maximum period of time within which an action must be
brought.
- Terms – the elements of proposed contract.
- Vendor – a person who sells, seller.
- Warranty – a non-essential contractual term.
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 - Implied terms – contractual terms which are not expressly stated.

Case brief

Even though the form of case briefs may vary, they usually include the same items of information. The sections of a
brief are as follows:

1. Name of the case - who is opposing whom, with the name of the party who initiated legal action appearing
first.
a. Claimant/plaintiff x defendant
b. Appellant X appellee
c. Petitioner X respondent
2. Facts of the case - a summary of the relevant facts, the nature of the litigation, what happened in the lower
court(s).
a. The facts of the case are as follows:
b. In the first instance, the court ruled in favor of…
3. Legal issues - questions of law raised by the facts specific to the case, often phrased in terms of questions
that can be answered with “yes” or “no” (or in the form of an indirect question beginning with “whether”).
a. The question raised is whether…
4. Holding of the court - the court’s answer to a question presented, it can include narrow procedural holdings
such as “case reversed and remanded”.
a. The court held/ruled that…
5. Reasoning of the court - the chain of argument which led the judges to rule as they did.
a. The court argued/reasoned that…

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 12. Family law
Marriage can by solemnized (or concluded, which is indicating its contractual nature) in a charge or before a state
authority – for example, the mayor of a town. These 2 kinds of marriage are referred to as religious and civil
marriage.

In the Czech Republic, the necessary paperwork can take up to six months. For civil marriages, the documents must
be taken to the Office of Vital Records in the Municipal Office. For church ceremonies the documents are also taken
to the officiating church authority. Also, some catholic documents may be required (certificate of completion of a
marriage preparation course).

To be declared lawfully valid the marriage process must follow fixed rules. But it is not as complicated as its
termination.

The marriage may be terminated by the death of one of the spouses, by nullification or by divorce. In case of the first
option, there is not much to be said apart from the fact that at that moment, law of probate comes into play.

When marriage is nullified (annulled), it is declared null and void as if it had never existed. Reasons for nullification
of a marriage are quite limited.

- The spouses are supposed to be of a certain age, if they are not, in England they need parent’s approval or
court authorization in CZ.
- Second reason is gender, the spouses are required to be of the opposite gender, persons of the same gender
may conclude a registered partnership, which lacks some of the features of a fully-fledged marriage.
- Another reason for which the marriage may be declared null and void is lack of consummation because it is
believed that the purpose of marriage is reproduction, so the marriage has to be crowned with sexual
intercourse.
- Other reasons – bigamy, misrepresentation, blood relation to a certain degree.

Divorce

Legally valid marriage may only be terminated by divorce, which is a legal dissolution of a valid marriage by a court,
while annulment is a legal termination of marriage concluding that the marriage never existed.

In the USA, the law recognizes 2 types of termination:

- Faulty divorce, where 1 party blames the other for the failure of their marriage
- And no-fault divorce based on irreconcilable differences or incompatibility, this type of divorce may also be
referred to as dissolution – termination of a marriage by agreement.

Under English law, when petitioning for divorce, the petitioner must prove that there is no chance of reconciliation in
their relationship, s/he must prove irretrievable breakdown of their marriage. For example:

- Desertion – left a partner for at least 2 years = not fulfilling the mutual duty of maintenance.

Irretrievable breakdown is not enough if the spouses have children. If they have children, satisfactory arrangements
have to be made for them:

- First, there must be an agreement who will have a children, so the question of custody. The other parent has
to be entitled to have contact with the children (UK) or visitation rights (USA) but, the parent to whose care
the children have not been entrusted is obliged to provide the children with maintenance payments either
periodically or with a lump sum of cash.
- The arrangement of custody and contact may take form of shared, joint or split custody.

It is also necessary to divide the property acquired during marriage. An ex-husband may also be obliged to support
his ex-wife by paying her alimony.

Apart from marriage, people can live together as cohabiters – no commitments.

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 Custody of children

Joint custody – an arrangement whereby both parents continue to make decisions regarding the child's religious
training, education, medical treatment and upbringing. It does not involve the amount of time that the child spends
with each parent. It solely addresses the legal responsibility that each parent has.

Shared custody - an arrangement whereby both parents have legal custody and both parents have physical custody.
It allows the child to have frequent and continuing contact with both parents. It generally means that each parent has
physical custody of the children 50 percent of the time, such that the child’s time and interaction is equally divided
between the parents.

Sole custody - a traditional form of custody, an arrangement whereby only one parent has physical and legal custody
of a child.

Bird’s nest custody - an arrangement whereby the parents go back and forth from a residence in which the
child/children reside, placing the burden of upheaval and movement on the parents rather than the child/children.

Third-party custody - an arrangement whereby the children do not remain with either biological parent, and are
placed under the custody of a third person.

Split custody - an arrangement whereby one parent has full-time custody over some children, and the other parent
has full custody over the other children.

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 13. Civil and Political Rights
Civil rights are the rights belonging to an individual by virtue of citizenship, human rights are the basic rights and
freedoms to which all humans are considered to be entitled. We distinguish 3 generations of human rights. Civil and
political rights are considered the “first generation” of the superordinate general concept of human rights. Civil and
political rights relate to liberty - being free.

The second generation of human rights includes economic and social rights, relating to equality – being treated the
same way.

The third one various others called collective rights, relating to fraternity – being brotherly. They mainly stem from
environmental concerns.

Those who oppose such a distinguish claiming that human rights are universal, indivisible and interrelated, applying
to everybody and being opposed to civil rights which only apply to citizens of a particular country.

Civil rights include the freedoms of thought and conscience, speech and expression and protection from
discrimination on the grounds of gender, race or religion, among others.

Political rights on the other include the right to a fair trial, the right to seek redress or a legal remedy and the right
to assemble and the right to vote.

These rights form the first part of the 1948 Universal Declaration of Human Rights.

All rights are guaranteed by the fundamental law of many countries which is called constitution (basic legal
framework and a set of fundamental principles under which the state is organized).

The rule of law

An ambiguous term that can mean different things in different context, for example 1) in one context the term means
rule according to law - everyone can do what is not prohibited by law, and no one can be forced to do what the law
does not require. 2) In a second context it means rule under law – every branch of government and every public
official must act within the law. 3) In a third context the term means rule according to a higher law – no written law
may be enforced by the government unless it conforms to certain unwritten, universal principles of fairness, morality,
and justice that transcend human legal system. In this context it means that everyone is subject to law.

The power in the state are separated due to constitutional principle, separation of powers. The purpose is to keep
the balance of power in the state and to keep any branch from gaining too much power or from misusing its powers,
which is called the system of checks and balances.

Separation of powers

The power in the USA is divided into three branches. The check and balance system ensures that the power between
branches is distributed evenly. The Congress consists of the Senate (two senators for each state) and the House of
Representatives (number depends on the population of the state). The President can veto laws, is in charge of the
military and concludes treaties with other countries. The President’s request for war declaration was denied by
Congress twice. The Supreme Court sets up lower federal courts and ensures that all laws are constitutional (the
term for the nine Justices is for life).

The power in the Czech Republic is divided into legislative, executive and judicial. The Parliament is made up of
Chamber of Deputies and the Senate (members are elected by citizens who are at least 18 years old). 200 deputies
are elected once every four years and the minimum age for the candidate is 21 years, 81 senators are elected for a
six-year term, one third of them is elected every two years, the minimum age for a senator is 40 years.

The government is the supreme body of executive power. The president is the head of the state and the supreme
commander of the armed forces. He takes an oath of office (or of allegiance) at the joint meeting of both chambers
of Parliament.

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The system of courts includes the Supreme Court, the Supreme Administrative Court, high, regional, and district
courts. The Constitutional Court is made up of 15 judges, who are appointed for ten years.

Elections

An election is a formal decision-making process by which a population chooses an individual to hold public office.
This process is used mainly in the legislature, but also in various organisations and associations.

The elections are held at fixed regular intervals. The President of the USA is elected every four years, our President
for five years. The date of the elections may be predetermined or only maximum time of office is set.

Suffrage (political franchise) is the right to vote gained though the democratic process.

The electorate does not include the whole population. Mentally incompetent and under aged people are excluded
from elections. Suffrage is typically only for citizens (but EU-citizens may participate in municipal elections of any
EU-country). In some countries the suffrage is a duty for citizens (in Argentina). Universal suffrage means, that the
right is not restricted by sex, race etc. On the other hand, equal suffrage means that everybody possess only one
vote.

Electoral fraud (vote rigging) includes acts which are illegal and also acts that are morally unacceptable. It occurs
mostly during election campaigns. The most common types of electoral fraud is preventing eligible voters from
casting their votes freely, vote buying (electoral treating) and altering the results.

Elections – USA, CZ, UK

The presidential election in the USA is indirect. The voters cast ballots for electors of the U.S. Electoral College, who
directly elect the President. The Election Day is on Tuesday between November 2 and November 8. Number of
electors for each state depends on the number of representatives and senators. Each state regulates its own way to
choose the electors. In the Czech Republic, the office of President was filled by the joint session of both chambers. In
2012, the direct presidential election was passed. The first direct election was held in January 2013 and the President
was elected in the second round, because no candidate received the majority of votes in the first one.

Polling in the Czech Republic takes place on days determined by the government and during prescribed hours. The
voters are informed about the place, date and time by their municipalities at least 15 days in advance. At the polling
station the voters’ names are checked against the election register. Voters then get their ballot papers, where they
mark the name of the candidate/party of their choice. The voting takes place behind the screen, where the voter put
his ballot paper in the envelope and casts it into the ballot box. No other person can be present behind the screen
with the voter (this does not apply to the people with a certain disability).

In the UK you have to register to the electoral register in order to vote (you can register at 16, but you can vote once
you are 18 years old). There are 650 geographical areas (constituencies) to vote in a parliamentary general election.
People who were found guilty in previous five years of corrupt or illegal practices in connection with an election
cannot participate in voting. EU-citizens can vote in local elections and some referendums. You can vote at a polling
station, by post or by proxy (only under certain circumstances).

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 14. Human Rights
All human beings are born free and equal in dignity and rights. There is a general consensus that human rights are
considered the minimum standards of freedom and security to which all people are entitled.

We can distinguish between democratic and less democratic countries based on the degree to which these standards
are met.

Violation of human rights may be used as a reasons for taking an action against these countries in form of economic
sanction or even military intervention (possible breaching of international law).

Most countries signed international agreements obliging them to observe human rights. The first one was the
Universal Declaration of Human Rights adopted by the UN General Assembly in 1948 (unanimously).

It proclaimed entitlement to human rights not depending upon any difference among people and referred, among
others, to freedom from various hideous things such as slavery and torture and cruel punishment, arbitrary arrest
and detention, and also to the right to a fair and public hearing of criminal charge, express opinions and to take part
peacefully in assemblies.

As a declaration it does not carry the force of a treaty obligation. European Convention on Human Rights seems to
be more practical. Even the special institution which people may refer they matters to exist, namely the European
Court of Human Rights (seated in Strasbourg). It has the power to order a change of law in a particular country.

European Convention on Human Rights

1. Obligation to respect human rights

2. Right to life
3. Prohibition of torture
4. Prohibition of slavery and forced labour
5. Right to liberty and security
6. Right to a fair trial
7. No punishment without law
8. Right to respect for private and family life
9. Freedom of thought, conscience and religion
10. Freedom of expression
11. Freedom of assembly and association
12. Right to marry
13. Right to an effective remedy
14. Prohibition of discrimination
15. Derogation in time of emergency
16. Restrictions on political activity of aliens
17. Prohibition of abuse of rights
18. Limitation on use of restrictions of rights

Pár slovíček:

- Inhuman and degrading treatment

- To be deprived of freedom
- Non-compliance with the law
- Fleeing from justice
- Detention of a minor
- Persons of unsound mind and drug addicts
- Extradition – vydání (osoby druhému státu)
- Independent and impartial court
- The public excluded from the trial

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- Publicity would prejudice the interests of justice – zveřejnění by bránilo zájmům spravedlnosti
- To presume innocence

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 15. Employment law
Vocab:

- Wages - an amount of money that you earn for working, usually according to how many hours or days you
work each week or month.
- Income - money that someone gets from working or from investing money.
- Salary - a fixed amount of money that you earn each month or year from your job.
- Bonus - an extra amount of money added to your wages / salary as a reward.
- Perks - advantages you get from the company in addition to the money you earn, e.g. a company car /
phone; (syn. benefits - in formal language, contracts).
- Training - a kind of course improving specific skills needed for a job.
- Skills - particular abilities required in a job.
- Qualifications - something such as a degree or a diploma that you get when you successfully finish a course
of study.
- Apprentice - someone who works for a particular person or company, usually for low pay, in order to learn
the type of work that they do.
- Trainee - someone who is training for a particular profession or job.
- Intern - a student, or someone who has recently obtained a degree, who works in a job in order to get
experience, often for low or no pay.

Employment law (labour law) mediates the relationship between workers, employing entities, trade unions and the
government.

In the past, the conditions of the employees were really bad, when they try to change their situations, they often
failed until the employees began to organize themselves into trade unions which gave them bargaining power.

This movement resulted in the adoption of labour legislation addressing such issues as right to strike, restriction of
child labour, eight-hour workday etc.

In addition to this basic rights, in the 20th century, the number of employment rights increased, which shifted the
previous imbalance of rights in favor of employees. One of the latest achievement is equal opportunities policy,
which guarantee the same pay for the same work to both men and women.

Even the employment is a contract, its termination is not such a straightforward thing. The reasons for being given
notice are usually a situation, when an employee does not go to work – non-performance of duties, gets drunk while
at work, steals something from the employer or is held responsible for sexual discrimination – all these fact fall
withing the scope of gross misconduct. The opposite is wrongful discharge (USA) or unfair dismissal (UK).

The process of negotiation during concluding an employment contract is called collective bargaining. The aim of it is
to strike compromise – the employers try to squeeze the most out of their employees at least possible cost which is
countered by the employees’ effort to maximize wages for their working hours.

For potential disputes there is a grievance procedure by which persons with a feeling of being discharged without
just cause, may have they cases decided by impartial labour arbitrators (USA) or by employment tribunals (UK).

Strike – the workers of a particular enterprise decide, after a majority vote in a secret ballot, not to go to work and
create form a picket line.

- Gross misconduct - very bad behaviour of an employee, which is a fair reason for dismissal (such as
drunkenness or theft).
- Justifiable discharge - termination of employment for which the reasons and grounds exist.
- Collective bargaining - negotiation between an employer and a representative of a larger unit of employees,
to govern hiring, work, pay and dispute resolution.
- Picketer - a person or group of persons stationed outside a place of employment, usually during a strike, to
express grievance or protest and discourage entry by non-striking employees or customers.
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 - Picket line – industrial action by unionized workers who either are on, or are trying to gather support for, a
strike by assembling near the entrance to the employer's premises.
- Pracovní smlouva – an employment contract.
- Dohoda o provedení práce – an agreement to complete a job.
- Dohoda o pracovní činnosti – an agreement to work.

An employment contract is an agreement between an employer and an employee which sets out terms and
conditions of employment. In the Czech Republic, the employment contract has to be in writing and the employee
has to receive a copy. Terms and conditions included in employment contract:

- Position
- Duties and responsibilities
- Date of commencement
- Place of work
- Probationary period
- The salary specified in employee’s pay sheet
- Holiday entitlement
- Period of notice

Fair dismissal – redundancy, statutory duty or restriction prohibited the continuation of employment, a reason
related to an employee’s misconduct, a reason related to an employee’s capability or qualifications for the job.

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