Introduction To Law - Topic 3 - Criminal Law

Session 7
Types of Law
Session Objectives
• Understand different types of law;
Types of Law
• National Law vs International Law
• Substantive law vs procedural law
• Public law vs private law
• Criminal vs civil law
1. What is national law?
a. Vietnamese law
b. UK law
c. US law
2. From the perspective of the UK, what is
national law?
a. Vietnamese law
b. UK law
c. UK-Vietnam Free Trade Agreement
3. From the perspective of the UK, what is
international law?
a. Vietnamese law
b. UK law
c. UK-Vietnam Free Trade Agreement
1. National v. International Law
Types
National Law International law
Criteria
Similarities
Dissimilarities
- Names
- Makers
- E.g.
- Spatial scope
of application
What is international law?
• Inter-national law
• Inter- (prefix): between/among
– Inter-continental
– Inter-regional
– Inter-action
– Inter-national
– Inter-link
– Inter-net
International Law
Public International Law
Nation X Nation Y
A B
Private International Law
7
2. Substantive v. Procedural Law
1. What is substantive law?

a. Written statutory rules
b. The mechanics of how to process a case
c. The standard by which the courts operate
d. A loose set of rules and regulations
2. What is procedural law?
a. The mechanics of how a legal case flows.
b. Written or statutory law passed by the legislature.
c. The interpretation of the criminal code.
d. The responsibilities citizens owe each other.
“Where a seller delivers
property in a quantity which is
more than that agreed, the
purchaser has the
right to accept or not to accept
the excess”
“A purchaser must pay the full

price at the agreed place and
time”
“The time-limit within which a

request may be made to a court
to declare a civil transaction
invalid […] shall be two years
[…]”
Types
Criteria Substantive Law Procedural law
Similarities
Dissimilarities
Subject-matters/
Contents
E.g.
3. Public Law v Private Law
- Constitutional law
- Administrative law Public Law
- Criminal law
or
- Commercial law
- Family law Private Law
- Property law
- Law of succession
- Labour law
3. Public Law v Private Law
Types Public Law Private Law
Criteria
Similarities
Dissimilarities
- Subject-
matters/
- Contents
- Subjects/
- Parties to
relations
- E.g.
4. Civil v Criminal Law
Types Civil Law Criminal Law
Criteria
Similarities abc doiremi
Dissimilarities
Subject-
matters/
Contents
Aim
Types Criminal Law
Civil Law
Criteria
Dissimilarities
Disputants
Legal Names of Disputing Parties
• Claimant
– Who? the person who complains or brings an
action asking the court for relief
– Also called ‘the plaintiff’
• Defendant
– Who? the person against whom a civil action
is brought or who is prosecuted for a criminal
offence
Types Civil Law Criminal Law
Criteria
Dissimilarities
Burden of Proof
(Who has to prove?)
Standard of Proof
(How much evidence
is sufficient to win a
lawsuit?)
Verdict
Remedies
Standard of Proof
CIVIL LAW CRIMINAL LAW
17
Civil or Criminal Cases?
1. Penny sues Desmon for
breach of contract asking
for and obtaining
damages of £10,000. Criminal Law
2. Agatha is being
prosecuted for an offence.
She thinks that she cannot be
sentenced to more than six
months imprisonment or fined Civil Law
more than £5,000.
3. Forced Marriage
(click here for the video)
Civil or Criminal Cases?
A moving house company in Queensland in
Australia moved house for B and damaged B’s
furniture valued at AUD 1,000.
B sued the company for the damage but the
company based on Queensland law which stated
that “the maximum liability for moving house
companies is AUD 200”
Exercise: Civil or criminal law?
and Why?
1) An armed team broke into the bank;
2) A works for a confectionery company and
the company failed to pay him salary for 2
months;
3) A has his house for foreigner rent;
4) A killed B for money;
5) While driving the car beyond speed limits,
A crashed into B and made him injured;
6) A married couple wanted to divorce
7) A seller failed to deliver goods on time to
his buyer
Exercise: Civil or criminal law?
and Why? (cont.)
8) A customer got poisoned after having
lunch in a restaurant;
9) Disagreeing with each other on how to
share the house left by a father, the two
brothers fought each other until death;
10) Being much impressed by huge profits,
A involved in trafficking heroine;
11) A involved in trafficking newly born
babies abroad;
12) A company makes his drinking products
having labels easy to confused with Lavie
Exercise
Which of the above cases fall into:
• National Law or International Law?
• Substantive law vs procedural law?
• Public law vs private law?
Types of Laws Public Private Substantive Procedural Civil Criminal
Case Law Law Law Law Law Law
A claim for non-

payment of a debt
worth $5000
A claim for personal

injury from a motor
accident for
approximately $130
000
A dispute between a
citizen and the federal
tax commissioner
A constitutional
dispute between
states in Australia
A murder charge
Parties negotiate to
settle their disputes
A court dismisses a
case for the lack of
jurisdiction
1. Create your own
mind-map for Homework
today’s session!
(It works for you in
exams! :D)
2. Prepare for the
next session:
- Read Course
book, pp. 19-20;
24-29!
- Read Articles 1,
3, 4, 25-39 in the
Civil Code and
analyze legal
norms there in!

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Session 7

Private International Law

1. What is substantive law?

“A purchaser must pay the full

“The time-limit within which a

A claim for non-

A claim for personal

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