Session 1 The Law

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BUSINESS LAW

Justice can not be for one side alone. It must be


for both
Công lý không chỉ dành cho một phía. Nó phải dành cho cả hai phía

It is a besetting vice of democracies to substitute


public opinion for law
Một thói xấu ám ảnh của các nền dân chủ là lấy dư luận thay cho luật
pháp

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Overview of course
LEARNING OUTCOMES TEXTBOOKS AND OTHER INFORMATIONS
1. Explain the nature of MATERIALS Class requirements
legal system - Elliott & Quinn, ENGLISH - Read materials before
2. lllustrate the potential LEGAL SYSTEM class, self study
impact of the law on a - Adams & others, LAW - Class active
business FOR BUSINESS participation
3. Examine the formation of STUDENTS
Examination
different types of - Internet resources
business organizations - 1 final take-home exam,
- Other materials in English individual works
4. Recommend appropriate and Vietnamese
solution to resolve areas Class duration
of disputes - 12 weeks

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🐟 What is the law

- Set of rules (rules of conduct)


- Created (made or recognized) by the state
- Binding within jurisdiction of the state
- Enforce with the authority of the state through the
use of sanction

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Other concepts of law

LEGAL
LEGAL NATURAL LAW
REALISM
POSITIVISM
An unjust law is
Enforcement of
Law is what the no law at all and
the law is more
sovereign says it need not to be
important than
is. obeyed.
the law itself.

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Classification of English law

Public Law Criminal Law Common Law


v. v. v.
Private Law Civil Law Equity

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Classification of English Law
ENGLISH LAW

Private (Civil) Law Public Law

Company Constitutional
Criminal
Family and
Tort Probate Property and Contract Administrative
Law
Law Partnership Laws

Notice: besides the comparison Civil Law v. Criminal Law as legal sectors (this lecture),
there is also comparison Civil Law v. Common Law as legal systems (next lecture)
Why do we need law?
Why do we need law?

CONSTITUTIONAL LAW
ADMINISTRATIVE AND ADMINISTRATIVE, CIVIL
To provide a REVENUE LAW AND CRIMINAL LAW
governmental structure
To provide public services To regulate and promote
and legislative
and to raise taxes to pay the economy
procedure
for them

CIVIL LAW CIVIL, COMPANY,


CRIMINAL LAW To give individuals FAMILY LAW
To promote public order personal rights and To give legal validity to
and preserve national duties in relation to approved relationship
security others and to enable and transactions btw
enforcement members of society
Criminal Law v. Civil Law
CRIMINAL LAW CIVIL LAW

Define antisocial and danger behaviors Give legal rights to individuals to govern their
Purpose

formal relationship with each other


Provide machinery for State to take action Provide means to enforce rights

Generally by the Police One party take action against the other
Procedure

Victim usually plays no part in prosecution Case may be settled not by litigation

Cases heard by Magistrate or Crown court Cases heard by County or High Courts

Burden of proof: Proof of guilty should be Burden of proof: balance of probability


beyond all reasonable doubt
Focus is on the accused and need to protect Focus is on need of victims
society
Penalties

Ultimate aim is to control criminals In some cases, there may be correction

Deprive freedom, forced education/treatment


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Courts in England
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Courts in Vietnam
Reasons to change the law

Economic and
Social Political Technical
Change Change Change

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Là vị trí của Việt Nam
trên Bảng xếp hạng các “cường quốc xả thải ra biển”

0,73 triệu tấn


Là tổng lượng rác tối đa mà Việt Nam xả thải ra biển hàng năm

6%
Là đóng góp của Việt Nam
vào tổng lượng rác thải ra biển của thế giới
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Xin cảm ơn!
Mời đặt câu hỏi, nêu ý kiến
thảo luận, tranh luận!

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