This document provides an introduction to law within the context of business principles. It discusses the meaning and purpose of law, key characteristics of the English legal system, and differences between civil and criminal law. The main areas covered include the rule of law, common law tradition, classifications of public and private law, and differences in how civil versus criminal cases are handled. The goal is to explain the significance of law for business and identify legal areas that most impact commerce.

1. Module: Principles of Business

2. Principles of Business
Topic: Introduction to Law (1)
Introduction
Stage 2 Lecture 7

3. Law within Principles of Business
1. Introduction
2. The Legal System
3. Introduction to Contracts
4. Introduction to Tort Law
3

4. Learning Outcomes
• Explain the significance of the rule of law
• Explain key characteristics of English law.
• Demonstrate understanding of the difference
between civil and criminal liability
• List the areas of law which have most impact
on business.
4

5. Settle
disputes
Encourage
good
behaviour
Promote
justice
Provide
predictability
Punish
wrong-doing
Reflect
society’s
values
Compensate
victims
Create a
framework
Protect
human rights
What
is law
for?

6. Framework
Property
Divorce
Setting up a
business
Death
Commerce

7. Predictability
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8. Reflect society’s values

9. Settle disputes

10. Punish wrong-doing
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11. Characteristics of English law
• Gradually evolving
• Common law – not Roman law
• (Partly) made by judges – doctrine of
precedent
• Adversarial rather than inquisitorial
• Monarch is nominal head
11

12. Classifications of
English Law
Civil Criminal
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13. Criminal Civil
Vertical Horizontal
For behaviour which
affects society generally
For behaviour which
affects individuals
Punishment for an
offence - sentence
Compensation for a
wrong – damages or
other remedy
Crown prosecutes
Defendant
Claimant sues
Defendant
Proof beyond
reasonable doubt
Proof on balance of
probabilities

14. Criminal Civil
Verdict – Guilty or not
guilty
Judgment for one party
or the other
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Most cases brought by
Crown Prosecution
Service
Cases brought by party
affected
Magistrates or Crown
Court
County Court/High
Court
R v Smith Smith v Jones

15. Classifications of
English Law
Public
Private
Criminal
Constitutional
Human Rights
Administrative

16. Private law categories
• Contract Law
• Tort Law
• Property Law – Land Law, Intellectual
Property, Trusts, Succession
• Family Law
• Employment Law
• Company Law
• [EU Law]
16

17. The Rule of Law
1. No sanction without breach
2. No one is above the law and all must be subject
to jurisdiction in the same courts
3. Common law system with judge-made law
secures the rights of individuals
State must use its power according to agreed rules
and not arbitrarily.
A.V. Dicey
17

18. 18
Rule of Law (2)
“all persons and authorities within the
state, whether public or private,
should be bound by and entitled to
the benefit of laws publicly made,
taking effect (generally) in the future
and publicly administered in the
courts.”
Bingham 2011

19. Some of the principles of the rule of
law
• The law must be accessible and so far as
possible intelligible, clear and predictable.
• Questions of right and liability should
ordinarily be resolved by application of the
law and not the exercise of discretion.
19

20. Summary
• Meaning of rule of law
• Characteristics of England law
• Difference between civil and criminal law
• Different areas of law
20

21. Essential work for next week
• Please consult the OLE for details of:
– Essential readings*
– Seminar preparation work*
– Recommended further readings
– Any additional learning
* Essential readings and preparation work must always be completed in time
for the next session
21

22. End of presentation
© Pearson College 2013