Basic Legal Concepts

(based on John Seely, Law in Everyday Life, Oxford

University Press, 2003)

1 Law
2 Public / Private Law
3 Crime and Criminal Law
The law exists to ensure that civilized life is
possible, through:

1. compulsion
2. the Constitution
3. a framework
4. a system
 1. Compulsion
The law ensures that individual citizens can go
about their daily business without being
attacked or robbed, and that society can set
up institutions which will be respected by the
individual. To do this, the government
provides the legal machine with the weapons
of compulsion:
police to enforce the law and catch those
who break it
courts to establish guilt and innocence
prisons to punish the offenders
 2. The Constitution
Government itself is defined by constitutional
laws. In Britain, some the most fundamental
laws of the constitution are traditional rather
than being written down, but there is also a
mass of written law covering how people are
governed, both centrally and by the local
authorities.
 3. A framework
As individuals, we want to be able to make
private arrangements between ourselves,
secure in the knowledge that if others break
their word, we will be compensated for our
loss. We want to make sure that other people
cannot spoil our enjoyment of our property
or hurt us physically by their carelessness
and that if they do we can get them to stop
and/or be compensated. The law provides a
framework within which we can protect
ourselves in this way.
 4. A system

To achieve all these things we need a law that

is consistent and consistently applied. So we
need a legal system that is capable of applying
the law fairly and consistently and amending
and interpreting it so that it can deal with new
and changing circumstances.
 Public vs. Private Law

Public Law Private Law

those branches of the law that deal with covers relationships between
society as a whole and the individual individuals, groups, and
citizens relationship with society organizations
criminal law family law
constitutional law company law
tax law contract law
administrative law (all the the law of tort
rules and regulations set up
by government departments
in areas such as social
security)
 Crime and Criminal Law
The foundation of the criminal law:
preventing individuals from behaving in ways which harm others
or society as a whole
Criminal law protects:
the state against individuals
(this is the basis of laws about national security)
the individual from harm by others
(by, for example, laws about murder, assault, and rape, as well
as lesser offences such as careless driving)
the individuals property
the individual from his own unwise actions, which may harm
others
(this is why there are laws banning drugs and laws against
obscenity)
 Crime (Merriam-Webster)
simple definition of CRIME
: an illegal act for which someone can be punished by the
government
: activity that is against the law: illegal acts in general
: an act that is foolish or wrong

full definition of CRIME

1: an act or the commission of an act that is forbidden or the
omission of a duty that is commanded by a public law and
that makes the offender liable to punishment by that law;
especially : a gross violation of law
2: a grave offense especially against morality
3: criminal activity <efforts to fight crime>
4: something reprehensible, foolish, or disgraceful <it's
a crime to waste good food>
 actus reus /vs./ mens rea

actus reus guilty act (vinovie)

mens rea - guilty mind intent (intenie)
a : the act or fact of intending: purpose
especially : the design or purpose to commit a
wrongful or criminal act
<admitted wounding him with intent>
b : the state of mind with which an act is
done : VOLITION (DELIBERATELY)
 Classification of crimes according to the level of seriousness
felonies misdemeanors wobblers infractions
More serious Less serious Offences that violations
crimes such as crimes, such as may be Petty offences
murder, shoplifting or a prosecuted as that are typically
kidnapping, DUI felonies or punishable by
robbery Usually carry a misdemeanors fines, but not jail
Carry a year or fine and jail An offence that time
more in a state sentence of less was prosecuted Ex.: speeding
prison than a year, if at as a felony may a fine plus one
Also include all (community be downgraded point added to
offences such as service, to a the driving
white collar probation) misdemeanor at record
crimes and fraud the time of
schemes sentencing. This
occurs when
statutes
authorize judges
to punish
offenders as
either
misdemeanants
or felony
offenders
 Major categories of crimes
Personal crimes Property crimes Inchoate crimes
Offences against the Offences against Statutory crimes
incomplete crimes
person property
crimes that result crimes that do not crimes that were Violations of
in physical or mental necessarily involve begun, but not specific state or
harm to another harm to another completed federal state statute
person person; instead, they This requires that a can involve either
involve an
Include: interference with
person take a property offence or
assault another persons right substantial step to personal offence
battery to use or enjoy their complete a crime, alcohol related
property as opposed to just crimes such as
false
include: intend to commit drunk driving
imprisonment
larceny (theft)
a crime selling alcohol to
kidnapping
robbery (theft by Include: a minor
homicide (crimes
force) it is also attempt any
such as first and
considered a crime that is
second degree
personal crime since attempted
murder, and
it results in physical solicitation
involuntary and mental harm
manslaughter, and conspiracy
burglary
vehicular homicide
arson
embezzlement
forgery
false pretenses
receipt of stolen
goods