WEEK2 GTS231 Law and Technology.pdf

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 2: INTRODUCTION TO LAW Week 2: Outline Wrap up from last week Civil Law: Natural Pers...

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 2: INTRODUCTION TO LAW Week 2: Outline Wrap up from last week Civil Law: Natural Person vs. Juristic Person Criminal Law: Punishments Distinction between Civil Law and Criminal Law. Private Law vs. Public Law Common Law vs. Civil Law Systems Revision of Legal Terms 2 CIVIL LAW VS. CRIMINAL LAW CONTINUE… Civil Law: Personality (Thai Law) ↳ status natural Natural Person of being a person Personality A minor Sui Juris wire : Personality ends begins come out body - Must obtain the - The completion with death. ~entire from mon's consent of his Swing with a Full body of 20 years of legal parent Gradian completion of age. , - representative for birth as a living the doing of a - Marriage child. vital sign cheuotbents - , juristic act. (performed in breathing, brain activate - All acts he does accordance with without such the provisions by consent are voidable unless law). vassin Wir trie otherwise nounin = : 20 , provided. Sui Birth Minor Death has limited capacity act. to Juris 4 perform juristic Personality: Natural person The civil and commercial law code of Thailand Section 15: &Personality begins with the full completion of birth as a living child and ends with death. A child en ventre sa mere is capable of rights provided that it is thereafter born alive. Father died- ex baby Marinas. canorante clives * right is given to baby in womb personality no Note: en ventre sa mere (fr.) = in the mother’s womb not natural person 5 Sui Juris The civil and commercial law code of Thailand Section 19: A person, on the completion of twenty years of age, ceases to be minor and becomes sui juris. 6 Juristic (legal) person The civil and commercial law code of Thailand Section 65: A juristic person can come into existence only be virtue of this Code or of other law. natural junistic according to laws to be able to person perfom junistic = person e cleyal persons e.g. M 3 Company (limited) Registered (ordinary) partnership Minajuniwwun Limited partnership · windch Association Foundation University 7 · Public Wrap up: Civil Law is about … Personality (status of a natural person) Rights and duties of persons in every life stage: from birth until death. Formation of juristic person Juristic relations between persons Rights and obligations in properties Compensation Etc. & Commercial Law 8 Civil Law Code: Books General Principles Obligations Specific Contracts Property Family Succession 9  General Book 1 Principles e.g. persons, juristic acts, etc. e.g. formation/rescission of contract, liability for 7 Obligations wrongful acts, etc. e.g. sale, hire of properties, hire-purchase, hire of Specific 3 services, hire of work, mortgage, agency, insurance, Civil Contracts etc. Law Code & Property e.g. ownership, possession, etc. 5 Family e.g. marriage, parent and child, etc. 6 e.g. devolution of an estate, heirship, classes and Succession degrees of statutory heirs, etc. 10  to fairness among society land ensure Criminal Law: Punishments (circu libly a ~ The criminal law code of Thailand some criminal liability nightnote element Section 18: (paragraph 1) Punishments for inflicting upon the offenders are as follows: Criminal liability dr vir (1) Death; = most severe (2) Imprisonment;jinn in trim (3) Confinement; (4) Fine; dir (5) Forfeiture of property. Ennus ~ least 11  General e.g. Definitions, Criminal liability, attempt of Provisions commitment, etc. derides Criminal Specific e.g. Offences relating to counterfeit and alteration, offences relating to trade, offences against life and Law Code Offences body, offences against liberty and reputation, offences against properties, etc. XPetty Offences N.B. The petty offence is the offence which shall be punished by imprisonment not over one month or fine not exceed ten thousand Baht, or both. 12 Wrap up: Criminal law is about… Offences punishments 13 Let’s Play Kahoot! 14  In general, a lawsuit involves two parties. - One party files a lawsuit against another party. N.B. They can be either natural or legal persons. Lawsuit 15  The court of law involves: Erwinr Judge: state official with authority to adjudicate disputes and other matters brought before the courts for decision. make court decision enyw Jury (plural of a juror) (only in some countries, e.g. England): finder of facts In Thailand, The judges Court of Law do both fact finding & court decision 16  Lawyer is a general term that describes one who practices law.  Generally, refers to the same thing as “attorney at law”  In Thailand, a lawyer (attorney at law) needs to be licensed to conduct cases.  Normally, a public prosecutor only conductsIcases as a suer. Lawyer mostly criminal cases. 17  Witness: Must be a person Evidence: Documentary evidence Material evidence Witness & Burden of proof is usually Evidence assigned to the accuser. 18 Legal Maxim Actoriincumbit onus probandi The burden of proof lies with the plaintiff. ↑ 19 Legal Terms: Litigant in AAAAAA Litigant = A party that is engaged in a lawsuit. The party who sues. The party who is sued. D * initiate a lawsuit Civil cases Plaintiff funn Defendant* Tlg Claimant (England & Wales) Criminal cases Accuser Prosecutor** Accused Defendant* * Some other specific terms Petitioner Defender (Scotland) Respondent A *Defendant is a general term (can be used in both civil & criminal cases). 20 Legal Terms: Prosecutor · unis **Prosecutor = A person who is empowered to initiate a criminal lawsuit. Public prosecutor Prosecutor Injured party edirects Or both can be “joint prosecutors” i.e. Together, they can institute a criminal case. 21 Jurisdiction GiWide (Territorial) jurisdiction Jurisdiction is the authority of a court to hear a case and resolve a dispute. Note that because the online legal environment has no geographical boundaries, it establishes immediate long-distance Creed communications with anyone who can access the website. specific low to apply 22  Law may be divided into the following categories. - Civil Law System vs. Common Law System - Public Law vs. Private Law - Substantive Law vs. Procedural (Adjective) Law Recall: Classification of Law 23 COMMON LAW VS. CIVIL LAW SYSTEMS Common Law System The common law system is based on accepted customs and traditions. A decision made by the Court upon a case relies on the precedents (previous decisions of judges, given the same facts). Examples of countries that adopt the common law system are the United Kingdom, the United States of America, Singapore, etc. 25 Civil Law System The civil law system is based on written laws (i.e. law code). In order to apply the law, the courts also follow the Supreme Court’s precedents. Examples of countries that adopt the civil law system are Thailand, France, Germany, etc. 26 PRIVATE VS. PUBLIC LAWS Private Law - occus more often then public. Juristics relation between persons (can be natural/legal persons). Court of justice Court of First Instance Appellate Court anru The Supreme Court ~ highest level Uses accusatorial system for conducting legal procedure in the Kardon court. of part to nor evidence 28 Public Law Juristic relations that are related to states. At least one of the parties involved in a grievance is of a state. States vs. persons States vs. states State or state-owned organization has some certain power over its citizens. ~ public has more value Evidence or proof is sometimes unequally accessible/available. rirutrisen Fair solution: use an inquisitorial system where the court of law can call for evidence that could be used in such a case for the sake of justice. no party has burdom of proof 29 References English for Lawyer (2018), Chapter 1, Ramkhamhaeng University Press, by S. Yuwapukka. LAW: Digital Information, Business and Legal English, Chapter 1, by W. Neitivanich et al. CyberLaw: Text and Cases, 2nd Edition (2004), Chapter 2, by by G. R. Ferrera et al. 30