Laws fall into two major groups: criminal and civil.

Criminal laws regulate public conduct. A criminal case is a legal action brought by government against a person charged with committing a crime. Criminal laws have penalties, and offenders are imprisoned, fined, or punished in some other way. Criminal offences are divided into felonies and misdemeanors. The penalty for a felony is a term of more than one year in prison. or misdemeanor, the penalty is a prison term of one year or less.

Civil laws regulate relations between individuals. A civil action can be brought by a person who feels wronged by another person. Courts may award the injured person for the loss, or they may order the person the person who committed the wrong to compensate in some other way. Civil laws regulate many everyday situations such as marriage, divorce, contracts, and consumer protection.

Sometimes one action can violate both civil and criminal law. For example, if Joe beats up Bob, he may have to pay Bob’s medical bills under civil law and may be charged with the crime of assault under criminal law.

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Many countries make a clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil action. In France, however, a victim of a crime may be awarded damages by a criminal court judge.

The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison. In English law the prosecution must prove the guilt of a criminal “ beyond reasonable doubt ”; but the plaintiff in a civil action is required to prove his case “ on the balance of probabilities ”. Criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.

Notes:

Beyond reasonable doubt – при отсутствии обоснованного сомнения

Balance of probabilities – взвешенность всех фактов, наличие большей вероятности

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Crimes refer to acts which the state considers to be wrong and which can be punished by the state. There are some acts which are crimes in one country but not in another. For example, it is a crime to smoke marijuana in England, but not (in prescribed places) the Netherlands. In general, however, there is quite a lot of agreement among states as to which acts are criminal. A visitor to a foreign country can be sure that stealing, physically attacking someone or damaging their property will be unlawful. But the way of dealing with people suspected of crime may be different from his own country.

In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he helps himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, and for each crime there are precise elements which must be proven. In codified systems these elements are usually recorded in statutes.

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In the opinion of many people, the law is a necessary evil that should be used only when informal ways of settling disputes break down. When we buy a train ticket a lawyer may tell us it represents a contract with legal obligations, but to most of us it is just a ticket that gets us on the train.

But some transactions in modern society are so complex that few of us would risk making them without first seeking legal advice; for example, buying or selling a house or setting up a business. On the whole it seems that people all over the world are becoming more and more accustomed to using legal means to regulate their relationships with each other. Multinational companies employ expensive experts to ensure that their contracts are valid wherever they do business. And at a time when people are traveling around the world faster than ever before, there are increasing attempts to internationalize legal standards.

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There is an opinion that the law is a necessary evil. From this perspective evil can and will be reflected upon its relation to human freedom, moral values, democracy and judicial practices.

How often should people use law in everyday life? Many people tend to think that we should use law only when informal ways of resolving disputes break down. If our neighbor plays loud music late at night, we probably try to discuss the matter with him rather that consulting the police, lawyers or courts. Only when a neighbor refuses to behave reasonably we do start thinking about the legal implications of our everyday activities.

Even so, in modern society it is difficult to imagine going very long before making any kind of agreement enforceable by law. Whenever we buy goods and services, we enter into contractual relations with legal obligations. And few of us would risk buying or selling an apartment without seeking legal advice first.

People are increasingly accustomed to applying legal means to regulate their matters. When law helps people to reach just agreements across social, economic and social barriers, law seems to be regarded as a good thing. However, when it involves time and money and highlights people’s inability to cooperate informally, law seems to be an evil – but a necessary one that everyone should have a basic knowledge of.

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Comparative law

Comparative law is the study of differences and similarities between different jurisdictions, including civil-law systems, common-law systems and religious legal systems.

Civil law has its origin in Roman law. And it was codified in the Corpus Juris Civilis (the Justinian Code). It was developed in continental Europe and around the world. Civil law is highly systematized and structured, and relied on declarations of general principles.

Common law is the legal tradition that originated in England in the 11 century. It is mostly based on the judges’ decisions. These decisions become new rules of law for the other judges to follow. The common law is usually much more detailed in its prescriptions than the civil law. Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (excluding Louisiana) and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law. A major difference between common- law and civil-law systems is the heavy reliance on case law in common-law systems. In such systems, the courts interpret statute law through the development of case law. If there is no previous case law on the statute, the court will place its own interpretation on the statute.

In the civil law the principal method of argument is by deduction from general principles (statutes) towards particular cases. In the common law, the principal method of analysis is induction (reasoning from detailed facts to general principle).

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Famous Trials. The Witches of Salem

The trouble in Salem was one of the strangest cases of mass hysteria in American history. It all began as a child’s play. Two girls were experimenting with a fortune-teller trick. They learned it from their family Indian slave. After that the girls began exhibiting strange behavior.

The authorities of Salem took legal action. The girls were questioned and soon began naming names. As a result more than 100 people were arrested for witchcraft. A special court was set up to hear this case. The court found the suspects guilty of witchcraft, 20 of them were sentenced to death.

But then public opinion began to turn against the trials. Community leaders began to question the methods that the court used to convict the suspected witches. The accused were denied access to defense counsel. The integrity of the girls came into question too. The girls were accusing innocent people for the fun of it. The growing opposition to the litigation came from all segments of society. All the convictions were reversed. Financial restitution to the relatives of the executed was made.

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How Courts Work

Law and the courts are everywhere – on the front page news, in best-selling thrillers, on court TV and network shows about lawyers. Famous trials are full of drama and interesting to everybody. But how many of us really understand that courts do and how they operate? Here’s a short text that will help you go more deeply into the subject.

Law won’t work without independent courts. We need courts to interpret and apply the law when parties dispute. They resolve disputes between people, companies and units of government. They protect minorities of all types from the majority and protect the rights of people who can’t protect themselves. They also embody notions of equal treatment and fair play. The courts are open to everybody. Basically, the courts are divided into three layers:

n trial courts, where cases start;

n intermediate (appellate) courts, where most appeals are first heard;

courts of last resort which have final authority in cases they hear

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It is difficult to imagine going very long before making some kind of agreement enforceable by law. Whenever we buy goods and services, we enter into a contractual relationship. Contract law deals with promises which create legal rights. In all legal systems, parties must give something of value in order for a contact to be formed. Usually, contract formation occurs when one party makes an offer and the other party accepts it. A new offer made by one party to another party is known to be called a counter-offer. In order for the contract to be binding, the offer and acceptance must match each other. The price and the subject matter of a contract are the essential terms of a contact.

Under a contract, parties have both rights and obligations. When a party does not do what it has promised, it can be sued for breach of contract. A court can award damages to the non-breaching party. Damages refers to money which the court orders the breaching party to pay in compensation.

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A crime is any act, or omission of an act, in violation of a public law. There are many different crimes, or offences. It is criminal law that involves the prosecution by the state for an act classified as a crime. It contrasts with civil law, which deals with individuals seeking to resolve legal disputes. The key difference between the two is that a crime requires a criminal intent, whereas a tort can result without intent to cause harm on the wrongdoer’s part.

Criminal law proscribes a few categories of crimes: crimes against the person, crimes against property, public-order crimes and business or corporate crimes. Crimes are tried in the criminal courts. An action is brought by a governmental body against the wrongdoer. Various punishments are available to the court to punish an offender. A court can sentence an offender to execution, corporal punishment or loss of liberty. In criminal cases, the burden of proof is often on the prosecutor to persuade the trier (whether the judge or jury) that the accused is guilty beyond a reasonable doubt of every element of the crime charged.

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A dispute is a disagreement or argument about something important. There are all kinds of legal disputes, from disputes over people’s behavior and business disputes to planning and environmental disputes. If a dispute is not settled between the disputing parties, it is heard and decided by a judge and/or jury in a court. This resolution is commonly referred to as litigation.

In fact, litigation involves all stages before, during and after a trial. In litigation, the claimant files a lawsuit against the defendant. In the UK, a solicitor usually carries out pre-trial work in preparation of the case, while a barrister represents the claimant or defendant in court. When the case has been heard, the court delivers judgement.

It is worth noting that the term litigation is sometimes used to distinguish lawsuits from other methods such as negotiation, arbitration and mediation. In arbitration, an arbitrator decides on the outcome of the case. In mediation, an independent third party helps disputing parties reach a settlement.

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As business becomes increasingly globalised, company lawyers in one jurisdiction have to be more aware of the company laws of other jurisdiction as well as international regulations. So the knowledge of company law is essential to anyone planning to practice commercial law. Law schools typically offer courses on business organizations, examining issues such as how each major type of business entity may be formed, operated and dissolved.

Company law deals with the creation and regulation of business entities. A company is a group of people which is treated as a legal person. A legal person has both rights and duties under the law just like a natural person. A company has a separate identity from its shareholding members. This contrasts with a partnership, which is not considered o be a legal person and is not able to own property in its own name. A company has shareholders (those who are known to have invested money in it and get shares in return).

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Law in Russia

The law and lawyers traditionally have much power or status in Russia. The Russian legal tradition is neither Western European, nor wholly Eastern. Russian legal culture is a mix of numerous traditions and influences. Some of them date back to the Byzantine Empire, some to the 250-year Mongol occupation. Others were introduced from Western Europe beginning in the 18 century. As in the West, early Russian law was based on custom.

The first attempt to codify customary laws was the Russkaya Pravda compiled under Yaroslav the Wise in 1016 in Novgorod. It concentrated on criminal rather than civil matters.

The occupation under the Mongols isolated Russia from cultural and legal developments in Western Europe. Thus, the early influences on the development of Russian law came from the south and the east, rather than from Western Europe. The legal reforms of Peter the Great and Catherine II changed the intellectual climate of Russia and strengthened the power of the state.

Modern Russian leaders wish to modernize Russia and create a society based on the rule of law. Justice in the Russian Federation is administered by the courts of law.

There are courts of first instance and second instance (appellate courts). A court of first instance is one which first examines the case and brings in a sentence or decision A court of second instance examines appeals and protests against sentences and decisions of first instance court. The Supreme Court in Russia is the highest judicial authority on civil, criminal, administrative and other cases.

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Litigation

Litigation is the process of bringing and pursuing a lawsuit. A lawsuit is a case which is decided in a court of justice. In fact litigation includes all stages before, during and after a trial. Litigation may be used to resolve a dispute between private individuals, an individual and a business and between two businesses.

Civil cases are usually disputes between or among private citizens, corporations, governments and other organizations. The party bringing a suit is called the plaintiff. The plaintiff starts the lawsuit. This party files a paper called a complaint. The defendant is a party who must answer the complaint. Most often, the plaintiff asks for money damages. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. In most civil cases the plaintiff must prove the case against the defendant.

A criminal case is brought by the state or by a city. It is brought against a person charged with a crime. The state (city) is called the plaintiff; the accused person is called the defendant. Most often, defendants are persons or legal persons. But the defendant can be an object which is known as jurisdiction in rem. An example of an in rem case is US v Forty Barrels & Twenty Kegs of Coca Cola (1916). In this case the defendant was not the Coca Cola company but rather “Forty Barrels & Twenty Kegs of Coca Cola”.

In the UK, a solicitor does the majority of pre-trial work. Then a case goes to a barrister. The barrister can represent either the plaintiff or the defendant during a hearing. In the USA, the same attorney may deal with the case through all stages. At the end of a trial, the court will deliver its judgement which must be enforced.

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PEANUT KERNEL CASE(June 19)Abstract

The parties entered into a sales contract for peanut kernels. The contract stipulated the quality standard, the shipment, FOB and the approximate time of shipment. Further, the contract foresaw that buyer should make payment by a Letter of Credit (L/C) within 15 days prior to the date of shipment. The buyer inspected the goods on four occasions with the seller. After the last inspection, it declared that it would not open the L/C alleging nonconformity of the goods with the contract standard. When negotiations to settle the price failed, the seller informed the buyer via fax that it was treating the contract as terminated and claimed damages for losses from the buyer before an arbitration tribunal.

The buyer argued that it has been the business practice during the parties’ long-term relationship that the buyer was bound to open the L/C after the both parties had agreed on the eligibility of the goods after their inspection. As the seller did not prepare the goods in conformity with the contract standard, the buyer was under the obligation to open the L/C.

The tribunal held that the contract provision on the opening of the L/C prevailed over the business practice alleged by the buyer [Art.9 CISG]. Therefore, the buyer failure to open the L/C and to arrange for transportation constituted a fundamental breach of contract [ Art.25 CISG]. The buyer was, thus, liable for the seller’s loss of profits pursuant to [Art.74 CISG]. However, the tribunal noted that the seller should mitigate its loss according to Art.77 CISG by taking reasonable measures to resell the goods at the prevailing market price.

FOB – франко борт, означает, что продавец выполнил поставку, когда товар прошел через поручни судна в названном порту отгрузки. С этого момента все расходы и риски потери или повреждения товара берет на себя покупатель.

Letter of Credit - аккредитивное письмо одного банка в адрес другого с разрешением платежей в определенном размере.

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There are two important elements to a crime: (i) the criminal act itself; and (ii) the criminal state of the person when he committed the act. In Anglo-American law these are known by the Latin terms (i ) Mens Rea and (ii) Actus Reus. The difference between these can be explained by using the crime as an example.

In English law there is a rather long common definition of murder: The unlawful killing of a human being under the Queen’s Peace, with malice aforethought, so that the victim dies within a year and a day.

Malice aforethought refers to the mens rea of the crime is a way of saying that

the murderer intended to commit a crime. Of course, the court can never know exactly what was in the head of the killer at the time of the killing. So law enforcement officials have to work hard to establish the motive of crimes. There is a different definition of mens rea for each crime. In murder, however, it is interesting that the defendant need not have intended to kill, but just to have wounded someone seriously. The rest of the murder definition refers to the actus reas.

If actus and mens have been proved, a defendant may still escape punishment if he is found insane. Instead, he may be ordered to receive treatment.

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Depending on the offence and the jurisdiction, various punishments are available to the courts to punish an offender. A court may sentence an offender to execution, corporal punishment or imprisonment; suspend the sentence; impose a fine; put the offender under government supervision through parole or probation.

The purpose of probation is to protect society by the rehabilitation of the offender, who continues to live a normal life in the community subject to the supervision of a probation officer. Probation gives the judicial system power over a person by outlining a probationary period, which can last from 6 months to three years. Despite this time there are some activities and behaviors which are required or prohibited.

Probation is a serious obligation. It involves the threat of future action if a person does not act according to the will of the court. So the court must explain the order in ordinary language, ensuring that the offender consents to the requirements of the order and understands that the failure to comply with them will make him liable to a penalty. Probation may also include treatment, community service and travel restrictions.

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Trial by jury is an ancient and important feature of English justice system. Although it has declined in civil cases (except for libel and fraud), it is the main element in criminal trials. It is the responsibility of jurors to deliberate on the evidence presented by both sides and to reach a court verdict.Verdict, in law, is the pronouncement of the jury upon matters of fact submitted to them for deliberation and determination.

Until 1967 the verdict had to be unanimous. But now a judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there are no more than two dissenters.

In civil case, the jury receives instructions from the judge after the closing arguments.

When a verdict has been reached, a foreman signs it and informs the bailiff. The person who is asked to state a verdict on behalf of the entire jury is called the jury foreman.

How valuable is the jury in modern times? This is a very conversational question. On the one hand the jury has much ancient history behind it as the bastion of the liberty of the subject against repressive government. On the other hand it has been criticized because of its high acquittal rates; allegedly subjective jurors; intimidation of jurors; and administrative reason for saving time and costs.

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Bribery involves giving and taking money or some other valuable item in order to influence a public official in the performance of his/her duties which do beyond his/her normal job description. In many countries bribery is considered a crime and can be severely punished. But there is not always consensus over what counts as a bribe. For instance, certain gifts and campaign contributions are not considered bribes and do not draw prosecution unless they can be linked to evidence of undue influence.

A bribe can consist of immediate cash or of personal favours, a promise of later payment or anything else the recipient views as valuable. It includes paying to get government contracts, giving a bottle of liquor to a building inspector to ignore a violation or grant a permit or selling stock to a Congressman at a cut-rate price.

Example: Governor Spiro T. Agnew receives 5 cents from the concessionaire for each pack of cigarettes sold in the Mary capitol building. Depending on local laws bribery can be prosecuted and punished with fines, imprisonment or compensation.

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A Son of Sam Law is any American law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers. However, this is not in the same manner of asset forfeiture, which is intended to seize assets acquired directly as a result of criminal activity. Where asset forfeiture looks to remove the profitability of crimes by taking away money and assets gained from the crime, Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal's victims. The term "Son of Sam" refers to the nickname of serial killer David Berkowitz, the subject of a notorious 1978 murder case.

In certain cases a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime—if the criminal was convicted after the date lawmakers passed the law in the states where the crime was committed.

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Magna Carta or The Great Charter of the Liberties of England is an English charter, originally issued in Latin in the year 1215, translated into French as early as 1219, and reissued later in the 13th century in modified versions. The 1215 charter required King John of England to proclaim certain liberties and accept that his will was not arbitrary, for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today.

Magna Carta was the first document forced onto an English King by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited.

Despite its recognized importance, by the second half of the 19th century nearly all of its clauses had been repealed in their original form. Three clauses currently remain part of the law of England and Wales, however, and it is generally considered part of the uncodified constitution. Lord Denning described it as "the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot".

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The Miranda warning (also referred to as Miranda rights) is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

In other words, a Miranda warning is a preventive criminal procedure rule that law enforcement is required to administer in order to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel. Thus, in theory, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.

Within the European Union, a gradual process of harmonizing the laws of all the states of the Union has resulted in the adoption a common letter of rights that will apply to everyone across the European Union. The agreed law - also known as "the Reding Rights" taking the name of the EU Justice Commissioner Viviane Reding who has proposed and negotiated the measure to become law across the entire European Union - will mean that suspects in the European Union will once detained receive a ‘letter of rights’ listing their basic rights during criminal proceedings.

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Sharia law is the moral code and religious law of Islam. Sharia deals with many topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. Scholars describe the word sharia as an archaic Arabic word denoting "pathway to be followed", or "path to the water hole".

There are two primary sources of sharia law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah.

Muslim countries including Pakistan, Indonesia, Afghanistan, Egypt, Sudan and Morocco have legal systems strongly influenced by sharia, but also cede ultimate authority to their constitutions and the rule of law. These countries conduct democratic elections, although some are also under the influence of authoritarian leaders. Saudi Arabia and some of the Gulf states use classical sharia and do not have constitutions or legislatures.. Iran shares some of these characteristics, but also has a parliament that legislates in a manner consistent with sharia. In some Muslim countries (Mali, Turkey, Kazakhstan), as well as the non-Muslim West, the role of sharia is limited to personal and family matters.

Parallels to common law concepts are found in classical Islamic law and jurisprudence including ratio decidendi (illah). Several fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence. Islamic law also made "major contributions" to international admiralty law, departing from the previous Roman and Byzantine maritime laws in several ways.

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