Business Law Introduction PDF

BUSINESS LAW Introduction to Law CLO1: Describe the Tunisian Judicial Structure, learn how to determine jurisdiction for civil and criminal cases, and learn the sources of law in Tunisia  AGENDA: What is law? Who makes the law? To whom does the law apply? Why does society need law? W...

BUSINESS LAW Introduction to Law CLO1: Describe the Tunisian Judicial Structure, learn how to determine jurisdiction for civil and criminal cases, and learn the sources of law in Tunisia  AGENDA: What is law? Who makes the law? To whom does the law apply? Why does society need law? What are the two types of legal systems in the world? What are the main sources of Law in Tunisia  What is Law? Law is a set of rules that governs and controls the relationships: between individuals and between individuals and society Each country has its own set of laws which apply to everyone living in that country If the laws are not followed, then these laws are enforceable through the legal system (which includes the courts)  To whom does law apply? The law of a country applies to all legal persons There are TWO types of legal persons: Natural persons: individuals /human beings AND Artificial persons: companies Why does society need law? Society needs law: to maintain social order amongst the members of society and to provide protection o Every society needs social order ie: co-operative, predictable behavior by the members of that society o Society also needs protection from criminals and other wrong deeds Types of law: public vs private Public law is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Private law: Laws concerning relationships between individuals belong to private law. Example: law of contract and obligations-family law-commercial law-labor law.. Types of Legal Systems: How law is made? There are many different legal systems in the world The two main types of legal systems are: The Common Law System & The Civil Law System (A third legal system exists in some countries like the KSA and Iran is the religious legal system)  The Common Law System The following countries (there are others) follow the common law system: United Kingdom Canada Australia New Zealand South Africa United States of America India Pakistan Singapore Hong Kong The Common Law System In countries which follow the common law system, the law is made by: 1. The government 2. The courts  Law made by the government is called government legislation  Government legislation (laws) can be found in a statute  Example: all the laws on marriage are found in the Marriage Statute and all laws on Employment Law are found in the Employment Law (or Labor Law) Statute The Common Law System  The judges in the court can make law if there is no government legislation on a certain issue  Law made by judges (the court) can be found in judgments  A judgment: a decision made by a judge  A decision (judgment) made by a judge in the highest court must be followed by all judges in the lower courts when deciding later cases with similar issues or facts  A decision by the highest court is called a precedent and it is binding (must be followed) The Civil Law System Most European and Middle Eastern countries follow the civil law system. Therefore countries that follow the civil law system are: North African countries Jordan Lebanon Syria And European countries such as: Italy Germany France Hungary Spain Portugal  The Civil Law System In the civil law system all the laws are made by the government Law made by the government is also called government legislation Government legislation (laws) can be found in a code A code is similar to a statute (in the common law system) Example: all the laws on marriage are found in the Marriage Code and all laws on Employment are found in the Employment Law (or Labor Law) Code The law in civil law countries is therefore said to be “codified”  How about the Tunisian legal system?  Although Tunisia applies a civil law system, emphasis is nevertheless placed on court precedent. Therefore, the sources of law in Tunisia are: Formal sources: include legislation (law made by the parliament), decrees and regulations (made by the executive branch), and customs Interpretive sources such as court precedent (also called case law) Some influence from the islamic law are to be found in areas such as the personal status and property (inheritence) Activity Find examples of situations where precedents were applied in Tunisia Three legal branches Executive Legislature Judiciary