Session 1 The Law

BUSINESS LAW
Cao Xuân Phong

Justice can not be for one side alone. It must be
for both
Công lý không chỉ dành cho một phía. Nó phải dành cho cả hai phía
It is a besetting vice of democracies to substitute

public opinion for law
Một thói xấu ám ảnh của các nền dân chủ
là lấy dư luận thay cho luật pháp
2
Overview of course
LEARNING OUTCOMES TEXTBOOKS AND OTHER INFORMATIONS
1. Explain the nature of MATERIALS Class requirements
legal system - Elliott & Quinn, - Read materials before
2. lllustrate the ENGLISH LEGAL class, self study
potential impact of SYSTEM
- Class active
the law on a - Adams & others, LAW participation
business FOR BUSINESS
STUDENTS Examination
3. Examine the
formation of - Internet resources - 1 final take-home exam,
different types of individual works
- Other materials in
business Class duration
English and
organizations
Vietnamese - 12 weeks
4. Recommend
appropriate solution
3 to resolve areas of
Overview of course
TOPICS DEVELOP YOUR ADVISE
1. Law and Legal CRITICAL THINKING, Read news
Systems BY
Relate the news to the
2. Contract Law - Always ask yourself knowledge from school
question WHY
3. Law of Torts
- And try to find your
4. Employment Law own answer
5. Company Law
6. Dispute settlement
4
🐟 What is the law
- Set of rules (rules of conduct)
- Created (made or recognized) by the
state
- Binding within jurisdiction of the state
- Enforce with the authority of the state
through the use of sanction
5
Other concepts of law
LEGAL
NATURAL
REALISM
LEGAL LAW
POSITIVISM
Enforcement
An unjust law
of the law is
Law is what is no law at
more
the sovereign all and need
important
says it is. not to be
than the law
obeyed.
itself.
6
Classification of English law
Public Law Criminal Common

v. Law Law
Private v. v.
Law Civil Law Equity
7
Public Law and Private Law
PUBLIC LAW
Is concerned with decisions made
by State Organs
Public Law
and
Private Law
PRIVATE LAW
Is concerned with relationship
between individual citizens and
their organizations
8
Classification of English
Law
ENGLISH LAW
Private (Civil) Law Public Law
Company Constitutional
Criminal
Family and
Tort Probate Property and Contract Administrative
Law
Law Partnership Laws
Notice: besides the comparison Civil Law v. Criminal Law as legal sectors (this lecture),
there is also comparison Civil Law v. Common Law as legal systems (next lecture)
Civil Law and Criminal Law
CIVIL LAW
Law on Persons, Property,
Transactions and Compensations
There are:
- Civil Law v
Criminal Law Criminal Law as
and
Civil Law
legal sectors
- Civil Law v
Common Law as
legal systems
10 CRIMINAL LAW
Law on Crimes and Punishments
CRIMINAL LAWSUIT CIVIL LAWSUIT
Purpose Define antisocial and danger behaviors and Give legal rights to individuals to govern their
provide mechanism for State to take action formal relationship with each other
To punish the crimes To compensate the person who suffers loss
or injury
Generally by the Police One party take action against the other
Procedure
Victim usually plays no part in prosecution Case may be settled not by litigation
Cases heard by Magistrate or Crown court Cases heard by County or High Courts
Burden of proof: Proof of guilty should be Burden of proof: balance of probability

beyond all reasonable doubt
Focus is on the accused and need to protect Focus is on need of victims
society
Penalties
Ultimate aim is to control criminals In some cases, there may be correction
Deprive freedom, forced education/treatment

Common Law and Equity
Common Law
(precedent) made
by judges while
Statute Law (act)
COMMON LAW made by Parliament
Judge-made law, where remedies
are usually monetary
Common Law
and
Equity
EQUITY LAW
Is often referred to as means to
acquire justice through principles of
12 fairness
Common Law and Equity
COMMON LAW
Decision by judge become the law (with
certain conditions)
EQUITY LAW
Supplements the Common Law. Common Law
and
Designed to introduce fairness to the Equity
legal system and offer alternatives
remedies when money is not sufficient.
Example: A person seeking equitable

relief may ask a judge to order
13 his opponent to do or to refrain from
doing something.
Why do we need law?
Reasons to change the Law the law
Social Political
changes changes
Economic Technical
changes changes
16
Courts in
England
17
Courts in
Vietnam
4
Là vị trí của Việt Nam
trên Bảng xếp hạng các “cường quốc xả thải ra biển”
0,73 triệu tấn

Là tổng lượng rác tối đa mà Việt Nam xả thải ra biển hàng năm
6%
Là đóng góp của Việt Nam
vào tổng lượng rác thải ra biển của thế giới
18
Thanks!
Questions and Comments!
19

Session 1 The Law

Uploaded by

Copyright:

Available Formats

Session 1 The Law

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Session 1 The Law

Uploaded by

Copyright:

Available Formats

BUSINESS LAW

Cao Xuân Phong

It is a besetting vice of democracies to substitute

Public Law Criminal Common

Private (Civil) Law Public Law

Burden of proof: Proof of guilty should be Burden of proof: balance of probability

Ultimate aim is to control criminals In some cases, there may be correction

Deprive freedom, forced education/treatment

Example: A person seeking equitable

0,73 triệu tấn

You might also like