Branches of law (possible practical question).

It is a subsystem of a legal system of a specific state that can be distinguished on the ground of clearly identifiable sphere of social relations, entitles, mode of regulation or historical conventions. Branches of law are divided by:

-constitutional law

-administrative law

-criminal law

-civil law

-labour law

-financial law

-family law

Substantive and procedural law- differences

Procedural law provides the process that case will go through.The procedural law determines how a proceeding concerning the enforcement of substantive law will occur.

Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged. In essence, it deals with the substance of the matter. They serve a different function in the criminal justice system.

Public versus private law.

Public law is a collection of the norms organizing the fundamentals of the functioning of the public authority and the relationship between the state and the society. Criminal law, constitutional law, administrative law, taxation law

Private law is a collection of legal norms regulating autonomous and free activity of respective entities in the social and business sphere; contract law, property; aw, family law, tort law, commercial law

The simple difference between public and private law is in those that each affects. Public law affects society as a whole, while private law affects individuals, families, business and small group.

 

13. Natural law.

* Law of nature divine law, a law which is eternal and universal

* Natural law is believed to exist independent of human will

* Central idea: there is a higher law based on morality against which the moral of the legal validity of human law can be measured.

* If legislation isn’t moral, then it isn’t law.

Legal positivism.

Legal positivism is a school of jurisprudence whose advocates believe that the only valid laws are those written rules, regulations, and principles that have been expressly enacted, adopted or recognized by the official political authority.

15. Sources of law and its hierarchy (Polish legal system, EU legal system, International law) (possible practical question).

Sources of Polish legal system:

1. Constitution

2. Statutes

3. Ratified international agreements

4. Regulation

Sources of EU:

1. Primary law

2. Secondary law

3.General principles of law

4. Conventions between the member states

Sources of international law:

1. Treaties

2. Custom

3. General principles of law

4. Judicial decisions

5. Writings of jurists

Primary and secondary sources of law in European Union.

The European Union law is common for all Members States of the European Union.

The sources of European Union are divided into:

-primary law – the law has been created by Member States and consists of the acts forming the European Communities and deciding on the fundamentals of their systems; the acts provide for the EU objectives, the organization of the EU and be constitutional framework for the EU.

-secondary law – the law has been created on the basis of the primary law, by the organs of the Communities; it includes legislative acts (regulations, directives, decisions) and non-legislative acts which can be divided into delegating acts, implementing acts, other acts; as well as recommendations and opinions, agreements, resolutions, declarations and action programs

17. Universally binding law versus internal law (Poland).

Universally binding law

-The constitution of 2 April 1977

-Ratified international agreements

-Statutes

-Regulations

-The local government law

Internal Polish law

- Resolutions

-Orders issued by the President of Poland, the Prime Minister

-The acts of local laws that are not universally binding law

-Non-ratified international agreement

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