Law Lecture Slides 2016-17, Óbuda University
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Óbuda University
Csilla Mizser-Kohlhoffer
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These lecture slides cover various topics related to law, including the aim of politics and jurisprudence, different approaches to jurisprudence, and the different types of legal systems. The slides are from Óbuda University and the year is not included in the text sample.
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Law ÓBUDA UNIVERSITY, Keleti Károly Faculty of Business and Management, Institute of Economics and Social Sciences Contact Csilla Mizser-Kohlhoffer, PhD. [email protected] System of politics and jurisprudence Aim, Aim of system and jurisprude...
Law ÓBUDA UNIVERSITY, Keleti Károly Faculty of Business and Management, Institute of Economics and Social Sciences Contact Csilla Mizser-Kohlhoffer, PhD. [email protected] System of politics and jurisprudence Aim, Aim of system and jurisprudence, aim of subject „Law” Aim of Politics and Jurisprudence (in hungarian: „ÁJT”): to give an extensive view of the whole of the politics and jurisprudence; It discovers essential definitions and connections-relations, which are necessary to study the sectors of law /Civil law, Criminal law/. Aim- also to get to like the discipline „Law” The university student, as an independent, autonomous citizen –applies law, gets knowledge of law, can search for law independent COMPLEX www.net.jogtar.hu Year, Number, Paragraph, Type Abbreviations The dual meaning of science: (1) activity, (2) knowledge. Definitions of science theory Categories: specific content of sense created about a phenomenon Definitions: it terminates from similar phenomenons Determination: it summarizes the typical features of the phenomenons Categories: it expresses relation, proportion Scientific law: relation, which is considered scientific true Hypothesis: controversial, but not denied relations Theory: structured unit of definitions, scientific law and hypothesis Paradigm: set of scientific results, which is model for solving problems (model) Changing paradigm: necessary conflict of knowledges, reorganization of knowledges in a new scientific paradigm Subdivisions of scienece Natural science Social science Specialities of social sciences: - All kinds of paradigm - Their enactments are valid for a determined period - Its categories, definitions join to social evaluations Subject of science LAW The legal phenomenon of society and state Stages of LAW become science Early civilizations: unity of religion and law Greeks: secular philosophy, including state theory thinking, but legal science still does not appear, greeks have no separate expression/term for „law” Rome: jurisprudence and legal training Western feudalism: glossar school of Bologna, jurisprudence in universities, officials/civil servants in public administartion have qualification in law; secular spiritual clerks Jurisprudential approaches De lege lata: it proceeds from the updated, constituted law and concludes from this (material) De lege ferenda: it values the given situation critically - in respect of the law will be constituted in the future. Methods of jurisprudence Basic/standard General Specific settles problemsB Gand S historical: genesis Critical, analytic, solutions a e p and progress in the dogmatical, s n e i e c centre sociological, c r i / a f statistical, s l i system theoretical: psychological /in the t a c exploration of mutual definite stage of the n relationships research d a r d comparative: it c c studies the general o o m m principles of more p p phenomenons a a r r a a t t i i Philosophy of state and law General, theoretical, philosophical science, which examines the qualities, relationships and priciples of state and law Main directions of philosophy of state and law: - genesis of state and law - definiton of state and law - social function of state and law - correctness of law Grouping of systems (of laws) Law-families /René David/ I.Roman-german law family II.Common law – Anglo Saxon III.Socialistic IV.Religious-traditional Characteristics of Roman-German law-family Continental law family (romanistic/Western-Europe, South- America, germanistic/Central-Eastern Europe, northern/scandinav) Based on Roman Law Priority of written law Law is planned (legislation, not customary books/collections) Conceptual analytical approach is determinative /racionalized-structured Roman Law History and constitutions of Roman Law Based on Róbert Brósz and Elemér Pólay’s study, book András Földi-Gábor Hamza, Nemzeti Tankönyvkiadó, Budapest, 1996 P. 73. Paulus, D., 1, 3, 29 Contra legem facit, qui id facit, quod lex prohibet, in fraudem vero, qui salvis verbis legis sententiam eius circumvenit Paulus People does against law, who does what law prohibits and who vindicates the words of the act, but gets around the sense of the act, it evades the law. Ulpianus (D. 1, 1, 10.) IUSTITIA=justice Iustititia est constans perpetua voluntas ius suum cuique tribuendi Justice is the permanent and eternal intention/aspiration for giving everybody the right he is entitled to. Characteristics of Common law Procedure formula - Not like Roman Law „Inn”-s: advocate corporations in the iurisprudence Three stratums: common law, equity, statute law New law is valid if the COURT uses/applies it Lay corporation: role of jury/grand jury !!! Common law, Anglo Saxon Law Family Socialistic law family Based on Roman-german traditions It’s political aspect is emphatic, stressful !!! Strongly hierarchical Concrete guarantees Religious-traditional law- family Islam Hindu Japanese culture Hungary HUNGARIAN LAW Introduction 1. Hungary is an independent, democratic constitutional state governed by the rule of law. Hungary’s legal system is based on the Fundamental Law of Hungary entered into force on January 1, 2012. According to the Fundamental Law, Hungary is a parliamentary republic. The functioning of the Hungarian State is based on the principle of division of powers. The supreme legislative body is the Parliament, the power of the executive branch is vested in the government and the judiciary is the system of courts. Introduction Hungary has a civil law system and the courts directly interpret the words of the legislation. The sources of Hungarian law are the Acts of Parliament, governmental and ministerial decrees, which are valid only if published in the Official Gazette, and decrees of local governments. The legal system of the Republic of Hungary accepts the universally recognized rules and regulations of international law, and shall harmonize the internal laws and statutes of the country with the obligations assumed under international law. Constitution The basic and supreme law of the Republic of Hungary is the Fundamental Law. It succeeded the 1949 Constitution, adopted on 20 August 1949 and thoroughly amended on 23 October 1989. Amendments to the 2012 Fundamental Law were approved in June, November and December 2012, and in March and September 2013. The Government bears the obligation of submitting to Parliament the Bills necessary for the enactment of the Constitution The Hungarian constitution regulates classical constitutional areas: state administration (national government, local governments, and organizations for the protection of rights) and the listing of the basic rights and duties of citizens. The chapters of the Fundamental Law cover the following: general decrees, Parliament, the President of the Republic, the Government, autonomous regulatory organs, the Constitutional Court, courts, the Prosecution Service, the Commissioner for Fundamental Rights, local governments, public finances, the Hungarian Defence Forces, the police and national security services, decisions on participation in military operations, special legal orders in case of national crisis and state of emergency, basic rights and obligations of citizens, electoral principles, the nation's capital, national symbols of the Republic of Hungary, and the decrees for Parliament The Hungarian Parliament (National Assembly) is a legislative body whose range of law-making activity is extensive and whose structure is unicameral consisting of 199 members. MPs are elected for four-year terms by popular vote. Every Hungarian citizen at the age of 18 and over has the right to vote, and is at the same time eligible to be a candidate for elective office. Parliament In the Parliament the legislative supervision is exercised during plenary sessions through questions and interpellations. In addition to the plenary sessions, the parliamentary committees (standing as well as temporary) also play a significant role in the supervision of the executive branch of government. There are also individual parliamentary control bodies, like the State Audit Office and the institution of the Commissioner for Fundamental Rights. Within its competence, the Parliament enacts the Constitution of the Republic of Hungary; it also frames laws; ratifies the international treaties that are of outstanding significance for the external relations of the Republic of Hungary; and elects the President of the Republic, the Prime Minister, the members and the President of the Constitutional Court, the President of the Curia, the President of the National Office for the Judiciary, the Prosecutor General, the Commissioner for Fundamental Rights and his or her deputies, and the President of the State Audit Office. Parliament Parliament passes a decision with the affirmative votes of over half of the MPs present. For the amendment of the Fundamental Law, or for passing certain decisions defined in the constitution, the affirmative votes of two-thirds of the Members of Parliament are required. The President of the Republic, the Government, any parliamentary committee and any Member of the Parliament may initiate legislation. The right of legislation is vested in the Parliament. Within fifteen days -- or, if the Speaker of the Parliament so requests, within five days -- of receipt of the law framed, the President of the Republic endorses it and sees to its promulgation. Ratified Acts of the Parliament have to be published in the Official Gazette (Magyar Közlöny). 4. The President of the Republic The President of the Republic is Hungary's head of state, and is elected in the Parliament by secret ballot for a term of five years. The President of the Republic may be re-elected for this office for no more than one additional term. The traditional rights of the head of state, also set down in the Fundamental Law of Hungary, have been defined in relation to legislative, executive, and judicial authority, according to a system of separation of powers. His sphere of authority as regards judicial power includes the appointment of judges and the granting of individual pardons. 4. The President of the Republic The President of the Republic concludes international treaties and agreements on behalf of the Republic of Hungary. If the subject of the agreement belongs under the competence of the legislation, the prior agreement of the Parliament is required for concluding the agreement. 5. The Constitutional Court The Constitutional Court has existed as an institution in Hungary since 1989, established by Act I of the Constitution. The Constitutional Court has been functioning since January 1, 1990, its competence, organisationorganization and operation areoperation is regulated by Act n. CLI. of 2011. The Constitutional Court oversees the constitutionality of legal provisions. Any law or legal measure found unconstitutional is annulled by the Constitutional Court. In the cases defined by the law, anyone may initiate proceedings at the Constitutional Court. The Constitutional Court is a body of fifteen members, each elected for twelve years by a two-third majority of the Members of Parliament. Parliament shall elect, with a majority of two-thirds of the votes of all Members of Parliament, one member of the Constitutional Court to serve as its President until the expiry of President’s mandate as a constitutional judge. Members of the Constitutional Court may not be members of a political party or engage in any political activity. 5. The Constitutional Court The law defines the main tasks of the Constitutional Court as follows: it interprets the Fundamental Law; it provides normative standards and supervision over the constitutionality of laws; it reconciles the differences between international and domestic law; it renders decisions on constitutional challenges; it determines negligence in violations of constitutionality; it renders decisions on debates of authority; it establishes the public responsibilities of the head of state and other public officials; and it determines the spheres of authority of municipalities and local authorities, and interprets limitations on public referendums. The Constitutional Court is the only forum in Hungary whose decisions are binding on everyone. There is no domestic recourse of appeal to them. The rulings of the Constitutional Court are published in the Official Gazette. 6. The Commissioner for Fundamental Rights Parliament elects the Commissioner for Fundamental Rights and his or her deputies for six years with the votes of two-thirds of all Members of Parliament. The deputies ensure the protection of the interests of future generations and of the rights of nationalities living in Hungary. The Commissioner for Fundamental Rights performs fundamental rights protection activities. Anyone may initiate the proceedings of the Commissioner. The Commissioner inquires into those improprieties related to fundamental rights that have come to his or her attention, or have those improprieties inquired into, and initiates general or specific measures to remedy them. The Commissioner for Fundamental Rights ensures the protection of the right of children, nationalities living in Hungary, the most vulnerable social groups, and the values determined as the interest of future generations. 6. The Commissioner for Fundamental Rights The Commissioner for Fundamental Rights may initiate Constitutional Court review of conformity of the promulgated Fundamental Law and any amendment thereof with the procedural requirements set in the Fundamental Law with respect to its adoption within 30 days after the promulgation. The Commissioner may initiate Constitutional Court review of the conformity of legal regulations with the Fundamental Law (Posterior Norm Control, Article 24 (2) e) of the Fundamental Law), may also initiate Constitutional Court proceeding if legal regulations are in conflict with the provisions of an international treaty (Examination of Conflicts with International Treaties Article 24 (2) f) of the Fundamental Law), and reports annually to Parliament on his or her activity. The Commissioner for Fundamental Rights in Hungary is independent from the government, other state organizations and the private sector, surveys and analyses the situation of fundamental rights in Hungary and reports on his activities and experiences annually to Parliament. Annual reports can be read. 7. The Government The Government consists of the Prime Minister and the government ministers. The Prime Minister is elected by a simple majority vote of the Members of Parliament. Parliament decides on the election of the Prime Minister and on acceptance of the Government program at the same time. The ministers are proposed by the Prime Minister, and appointed and relieved of their duties by the President of the Republic. The Government can issue decrees and also conclude international agreements in the name of the Republic of Hungary. The establishment of ministries falls within the competence of Parliament and law defines their status. Heading each ministry is a single responsible minister who is also a member of the cabinet. The leading officials of the ministries are the ministers of state of various ministerial sections and the state secretary. The state secretary directs the Ministry’s The Government II. The Government takes the necessary measures to ensure public law and order and public security, participates in the determination of foreign policy, as well as concludes international agreements on behalf of the Government of the Republic of Hungary. In its own sphere of functions the Government issues decrees and passes resolutions, which are signed by the Prime Minister. In the performance of their functions, the Prime Minister and the members of the Government may issue decrees. No decree and resolution of the Government may be contrary to the law and any decree of the Prime Minister and the members of the Government must not be contrary to any law or any Government decree and resolution. Decrees issued by the Government, the Prime Minister or the members of the Government must be promulgated in the Official Gazette. Governmental Bodies: /www.kormany.hu/ · Prime Minister's Office · Ministry of Defence · Ministry of Foreign Affairs · Ministry of Human Resources · Ministry of Interior · Ministry of National Development · Ministry for National Economy · Ministry of Public Administration and Just ice Local Governments The territory of the Republic of Hungary consists of administrative units including the capital and 19 counties. Local self-government means autonomous and democratic management of local affairs by the communities concerned and exercise of local public authority. The members of the representative body are elected for a term of five years. A local representative body may frame decrees within its competence, which, however, must not be in conflict with legal provisions of higher The Judiciary The President of the Curia is elected by a two-thirds majority of the votes of all Members of Parliament for nine years at the proposal of the President of the Republic. 10. Law Faculties or Institutes in Hungary · Eötvös Lóránd University, Budapest · University of Szeged · University of Miskolc · University of Pécs · University of Debrecen · Pázmány Péter Catholic University, Budap est · 11. Sources of Legal Literature The Library of the Hungarian Parliament is the national special library and information center of legal literature. Its holding is over 800,000 library items. 12. Main Information Sources 12.1. Databases of Hungarian Legal Literature The databases, which are accessible exclusively in the Parliamentary Library, contain bibliographical information of selected literature of Hungarian law covering book reviews, periodical articles and essays. Selection of legal periodicals covered in the databases: (www.ogyk.hu) Databases of Hungarian Legal Literature II. i. 1867-1944 Supplemented with some earlier items. It is accessible only for the librarians of the Library of the Hungarian Parliament. (8600 articles March 2001) ii. 1945-1979 Presently accessible: selected materials from1962–1963, 1967–1979 (19,990 items) iii. 1980-1989 15,531 items Databases of Hungarian Legal Literature II. iv. 1990- It covers bibliographical information of interdisciplinary areas and Hungarian and foreign language legal monographs, essays, articles of legal periodicals and social sciences periodicals published in Hungary since January 1, 1990. It contains the laws and collection of laws as well. It does not cover articles published in dailies or weeklies. Updated real-time. , The entries created between 2000 and 2500 are accessible through the online catalogue of the Library of the Hungarian Parliament. Databases of Hungarian Legal Literature III. Selected Bibliography of Hungarian Legal Literature, 1990-1994 on CD-ROM. Old Hungarian Statutes (Corpus Iuris Hungarici) It contains the titles of Hungarian statutes enacted before 1949 and some statutes with full text from the period 1001-1361. (8,399 items). Published on CD-ROM. In 2003 all the Hungarian statues enacted since 1000 was made accessible online free with full- text coverage by the publishing house, Complex. Databases of Hungarian Legal Literature IV. Online and offline electronic resources of valid laws and decrees are available as well, updated continuously and published by private companies e.g. Complex Jogtár, Complex Jogtár Plusz, Hivatalos Jogszabálytár. As a pilot project the Ministry of Public Administration and Justice has launched the online collection of Hungarian laws ( Nemzeti Jogszabálytár) that makes the valid laws, decrees and international treaties searchable and available online free of charge. Important web pages www.net.jogtar.hu (Complex-Wolters Kluwer Group) www.1000ev.hu www.magyarorszag.hu www.njt.hu (Nemzeti Jogszabálytár) Databases V. Statutes enacted by the Hungarian Parliament since 1990 can be accessed and browsed on the internet with a simple search option, updated monthly. Hungarian legislation and public administration related information can be found at www.magyarorszag.hu. 12.2. Printed Collections of Laws · Magyar törvénytár [Budapest: Unió, 1990 - , ISBN 963-7890-24-6]. It is a loose-leaf publication, containing all statutes and international agreements. · Törvények és rendeletek hivatalos gyűjteménye [Budapest: Magyar Hivatalos Közlönyök., 1950-, ISSN 0133- 770X] This annual publication contains all statues and decrees of the previous year in hierarchical and chronological order. Legal glossary /John Grant, from the University of Glasgow's Lockerbie trial briefing unit, provides a glossary of the terms which will be heard during the Lockerbie trial. / Accessory: a person who in some way aids in the perpetration of a crime Actus reus: the physical act involved in the commission of a crime or offence Admissible evidence: testimony which is allowed to be given in court because it conforms to the rules of evidence Advocate: a member of bar, the equivalent to barrister. Affirm, affirmation: where a witness objects to taking the oath, he or she may instead affirm to Legal glossary Aggravation: some circumstance in a criminal case which renders any conviction more serious Alibi: in another place, a special defence that the accused was in another specified place at the time of the crime Art and part: in the capacity of accomplice or accessory Circumstantial evidence: evidence of some circumstance(s) which provide indirect evidence of some fact where direct evidence is absent Compellable, compellability: the term used to describe witnesses who can be required to give Legal glossary Competence: the authority of a court to determine a particular type of case or procedure Conspiracy: an agreement between two or more people to carry out a criminal purpose, whether that purpose is an end in itself of a means to an end Corroboration: evidence supplementary to that already given and tending to confirm it. Generally, in criminal cases, essential fact must be proved by the evidence of more than one witness; documentary or physical evidence may be used to provide corroboration Cross-examination: examination of witnesses by the side (prosecution or defence) which did not call them De facto: as a matter of fact, actual De jure: as a matter of law Legal glossary Examination: the questioning in court of a person called as a witness Fatal accident inquiry: an inquiry conducted by a sheriff under statutory powers into sudden, suspicious or unexplained death. An FAI was held in Dumfries into the destruction of Pan Am Flight 103 from October, 1990, to 3 March, 1991. Hearsay: evidence by a witness based on what the witness has been told by someone else. While generally inadmissible, hearsay evidence may be allowed in limited circumstances Incrimination (impeachment): a special defence accusing another named person of committing the crime charged In chief: the examination of witnesses by the side (prosecution or defence) which called them Legal glossary Indictment: the document, running in the name of the Lord Advocate, charging someone with serious crime(s) Jurisdiction: the power of a court to hear a particular case Label: a physical production in a criminal trial, such as a weapon; not documentary evidence, which is referred to as a production Lead, leading: to call or adduce evidence, Thus, the prosecution (and the defence) are said to lead evidence. A leading question is one put to a witness that suggests the answer Mens rea: The intentional element required for the commission of a crime Mitigation: Usually, a plea made after conviction for the sentence to be reduced because of certain factors relating either to the crime or the accused Murder: The crime of homicide committed either Legal glossary Not proven: a criminal verdict, somewhere between guilty and not guilty, the consequences of which mean that the accused is treated as if found not guilty Oath: The solemn undertaking by a witness to tell the truth Onus: The burden falling on the prosecution to prove facts in court, as in the onus of proof Panel: an old term, meaning the accused Perjury: the common law committed by a witness deliberately failing to tell the truth or lying in court Ratio decidendi: the underlying principle of law in a particular decision Real evidence: an object or thing used as evidence, as opposed to written or oral evidence Legal glossary Repel: the term used for the rejection or overruling of a plea or objection Sheriff: a local judge with important criminal jurisdiction Socius criminis: an accomplice or associate in a crime Special defence: a defence to a criminal charge which must be intimated before the trial, eg. self- defence, alibi or incrimination Testimony: oral evidence in court Verdict: the decision of a jury in matters submitted to it in a trial Wilful: intentional, deliberate. Criminal Law Glossary Actus Reus and Mens Rae – Actus reus translates to “guilty act” and mens rae translates to “guilty mind.” To prove that a defendant is guilty of a criminal act, a lawyer must prove both that a criminal act was committed, and that it was committed intentionally. Appeal – A defendant who has been found guilty of a crime may “appeal” his or her case, requesting that a higher court hear it. The appeals process may take a case from a local district court, to the Supreme Court of America. Arraignment – The procedure in which an accused person is brought before the court to answer charges. The accused may admit guilt or plea “not guilty.” If the accused pleas “not guilty,” a date for trial will be arranged. Criminal law glossary II. Bail – By posting bail an accused person (or a relative, spouse, associate, or friend of an accused person) secures his or her release from jail while awaiting trial. Bail money is held to guarantee that the accused party will appear before trial. Bail money is returned after the trial is complete, minus any applicable administrative fees. Capital Punishment – Capital punishment, or “the death penalty,” may be used as a punishment for persons who have committed capital offenses such as first-degree murder and treason. In the United States the death penalty is employed by electrocution, lethal injection, gas poisoning, hanging, or firing squad. Civil Law – Civil law differs from criminal law in that: - Accusations are brought forward by victims instead of the state or federal government. - Guilt is punishable by fines and/or loss of property or freedom instead of imprisonment. - The issues it handles are non-criminal in nature. Criminal law glossary III. Concurrent Jurisdiction – Some juvenile crime cases may fall under the jurisdiction of both the juvenile court system and the criminal court system. In such cases the prosecutor is allowed to choose where the case will be tried. Crime – If a person fails to act in accordance with the law, he or she has committed a crime. State and federal laws determine what constitutes a crime. Minor offenses are referred to as misdemeanors and major offenses are referred to as felonies. Criminal Law – Criminal law is concerned with cases in which a crime has been committed. Criminal cases are brought to trial by the state or the federal government, and criminal offenses may be punished by fines and/or imprisonment. Crimes are specified as misdemeanors or felonies. Criminal law glossary IV. Driving Under the Influence (DUI) – Driving under the influence of drugs and/or alcohol is considered a criminal act in the United States. A person found guilty of driving under the influence stands to lose his or her license, be fined, and face imprisonment. Consequences are normally more serious for repeat offenders. Embezzlement – A category of white-collar crime, embezzlement deals with the misappropriation of company or government funds or property by an employee or civil servant who had been entrusted with them. Extortion – A criminal offense, extortion occurs when one party blackmails another or takes property or money through threats or Criminal law glossary V. Federal Court – Federal courts try both civil and criminal cases. It is the duty of federal judges to ensure that the rights provided to citizens by the U.S. Constitution and federal laws are protected. Felony – A felony or “high crime” is a crime that may be punished by a year or more of imprisonment in a state or federal prison. Examples of felonies include murder, kidnapping, rape, and burglary. Fraud – A defining aspect of fraud is breach of trust. Fraud is committed when one party deceives or misleads another, and through that deception acquires money or property, or abuses the victim's rights. Fraud may go undetected for a period of time as the victim usually relies on the perpetrating party for information. Subcategories of fraud include securities fraud, tax fraud, Internet fraud, identity fraud, and health fraud. Criminal law glossary VI. Juvenile Delinquency - Criminal acts committed by persons under the age of 18 are referred to as acts of juvenile delinquency. Jurisdiction over most juvenile delinquency cases is held by the juvenile justice system, which aims to rehabilitate rather than punish offending youth. Larceny – A form of theft, larceny occurs when one party intentionally takes money or property from another. Grand larceny (usually defined as a theft of property over $500) is considered a felony, while petty larceny (a theft of property worth less than $500) is considered a misdemeanor. Misdemeanor – A crime punishable by less than a year of imprisonment in a county jail and/or a fine is considered a misdemeanor. Examples of misdemeanors include shoplifting, simple assault, disturbing the peace, and Criminal law glossary VII. Price Fixing – When companies conspire to set prices and thus control or interfere with free market competition, they have violated antitrust laws. Price fixing is considered a criminal offense. Reasonable Doubt – In order to convict a defendant of a criminal offense, a juror or judge must believe “beyond a reasonable doubt” that the defendant committed the crime. If a juror or judge finds the evidence against the defendant inconclusive, he or she has a responsibility to find the defendant "not guilty." Securities Fraud – A stockbroker, financial advisor, corporation, or investor may commit securities fraud by: - Deliberately misrepresenting the worth of a company or the value of its stock. - Illegally trading within an investment account. - Failing to keep accurate books. - Making deals or trades based on inside information. Criminal law glossary VIII. State Court – Within the U.S. judicial system, each state is given the right to try defendants for violations of state laws. The bulk of civil and criminal cases tried in the U.S. each year are heard in state courts. Waiver and Transfer – An intake officer or prosecutor may, through a petition waiver, request that a juvenile delinquency case be heard in criminal court instead of juvenile court. If the petition is approved, the juvenile court will waive its jurisdiction and the case will be transferred to a criminal court. Reverse waivers, in contrast, transfer youth being tried in criminal court back to juvenile court. White Collar Crime – Examples of white-collar crime include embezzlement, securities fraud, extortion, price fixing, and bribery. White-collar crimes may be tried in state or federal courts. Main types of legal acts Alaptörvény (Fundamental Law of Hungary): the highest ranked legal act that governs Hungary’s legal order, the basic rights and obligations of citizens, and sets the main rules for the state system. No measures of any other norms can be contrary to the Fundamental Law. Törvény (Act): important legal acts at the second level of the hierarchy of norms. The Fundamental Law defines the rights and obligations that shall be governed by Acts. They can only be adopted, amended or repealed by the National Parliament. Rendelet (Regulation): legal acts based on and meant to carry out a specific piece of legislation. They are issued by governmental agencies at all levels and have the force of law as they are adopted under authority granted by statutes. Határozat (Decision): in their decisions the Parliament, the Government, Government commissions and municipalities establish projects falling under their competence, govern their own functioning and the tasks of the bodies under their authority. Utasítás (Order): Ministers issue Orders in their executive powers settled by law to govern the activities and operations of bodies under their authority.