CLIL Právo

Transkript

CLIL Právo

Kurz angličtiny pro nekvalifikované učitele angličtiny
na ZŠ a pro učitele odborných předmětů
na OSŠP Kolín s.r.o.
CZ.1.07/1.3.04/04.0017
CLIL Právo
Jazyky pro učitele CZ.1.07/1.3.04/04.0017
Kurz angličtiny pro nekvalifikované učitele angličtiny na ZŠ a pro učitele
odborných předmětů
Pracovní list č. 1
Vyučovací předmět
Právo
Ročník
4.
Časová dotace
45 min
Téma
Division of Law
Cíl vyučovací hodiny
Žák získá základní znalosti o právu a právní
teorii v angličtině
Klíčová kompetence
Kompetence k učení
Kompetence komunikativní
Kompetence k řešení problémů
Kompetence občanské
Průřezová témata
Výchova demokratického občana
Předpokládané jazykové znalosti
A2 – B1
Předpokládané odborné znalosti
Znalost základů právní teorie
Očekávané výstupy
Student vyplní na hodině svůj worksheet, který si
ponechá a na jehož základě zpracuje domácí
úkol, který pošle učiteli emailem
Nová slovní zásoba
Public law, private law, substantive law,
procedural law, civil law, criminal law,
Constitutional law, administrative law,
international law, public officer, private person,
legal entity, an act, jurisdiction, to be charged
with, to enforce, to administer, an association,
company, law, the law, rights and duties, social
objective, human conduct, Civil Code,
Commercial Code, Criminal Code, in court, an
action, an indictment, Rules of Civil Procedure,
Rules of Criminal Procedure, remedy, damage,
damages, law of contract, tort, family law,
property law, an omission, public order, to render
guilty person liable to punishment, an offence,
serious, lesser
Pomůcky
Powerpoint prezentace Division of Law (příloha)
Worksheet – student (příloha)
Worksheet – učitel (příloha)
Sešit na poznámky a další slovní zásobu –
student
Popis vyučovací hodiny
[Prezentace je podpůrným materiálem pro výklad učitele a práci se studenty]
[Učitel pomáhá studentům s překladem veškerých textů v prezentaci a s překladem nové
slovní zásoby]
[Učitel zašle studentům po hodině prezentaci na jejich email.]
Introduction (slide 1)
Hello, please sit down.
Who is absent?
Let’s get started.
Today we are going to talk about the division of law.
I will give you copies of worksheets with new vocabulary which you will fill in.
We will work with the presentation containing short texts and brief explanations. The
presentation will be emailed to you after the lesson.
Content (slide 2)
Here you can see topics of this lesson.
Division of Law (slide 3)
Let’s begin. Legal rules can be divided in many different ways. We need to know that not all
legal rules are of the same type. There are major differences in purpose, in origin and form
and in the consequences of breaching the rules obtained in the law. These three divisions in
the presentation are the most common and basic.
Now please translate and write down new vocabulary into your work sheets.
Great.
Public law I (slide 4)
Let’s continue with definition of private law which is taken from legal dictionary. We will
read the text and translate it. Please fill in new vocabulary into your worksheets during the
translation.
Text: “A general classification of law, consisting generally of constitutional, administrative,
criminal and international law, concerned with the organization of the state, the relations
between the state and the people who compose it, the responsibilities of public officers to the
state, to each other, and to private persons and the relations of state to one another.”
Překlad: „Jedno z hlavních třídění práva skládající se zejména z ústavního, správního,
trestního a mezinárodního práva, které se zabývá organizací států, vztahy mezi státem a
lidmi, kteří ho utváří, odpovědností veřejnoprávních subjektů vůči státu, vůči sobě navzájem,
a vůči soukromým osobám a vztahy států mezi sebou.“
Fine but we have to clear the meaning of the public officer. It can be translated to Czech as
“veřejnoprávní subjekt.“ The public officer is for example the city, the Czech National Bank,
the police etc. It can be defined as the legal entity created by the state and under the control of
the state.
As you can see this definition is not easily understandable for non-lawyers so we will look at
another one.
Public law (slide 5)
Now we will read and translate again. Write down new vocabulary into your worksheets.
Text: “An act which relates to the public as a whole. It may be (1) general (applying to all
persons within jurisdiction), (2) local (applying to a geographical area), (3) special (relating
to an organization which is charged with a public interest.”
Překlad: „Právní předpis, který se vztahuje na veřejnost jako celek. Může být za prvé obecný
(použije se na všechny osoby spadající do soudní příslušnosti), za druhé místní (použije se na
daném geografickém území), za třetí speciální (vztahuje se na organizaci, která je pověřena
veřejným zájmem).“
Good. Let’s define public law in your own words. Who has an idea?
Private law (slide 6)
Let’s go on with private law. It is a branch of law that mainly deals with legal relationships
between private individuals. Private individual can be a human being or a legal entity created
according to the law.
Here is another definition from legal dictionary so please read and translate and also fill new
vocabulary in your worksheets.
Text: “That portion of the law which defines, regulates, enforces and administers
relationships among individuals, associations, and corporations.”
Překlad: „Ta část zákonů, která definuje, upravuje, vynucuje, spravuje vztahy mezi
jednotlivci, sdruženími a společnostmi.“
Well done. Here we will stop and look at the difference between terms law and the law. The
first term, LAW, should be translated into Czech as „právo.“ The second term, THE LAW,
should be translated into Czech as „zákon.“
Private law II (slide 7)
Next, here is another definition of private law taken from legal dictionary but don’t be afraid
we will not read or translate it now.
Your task is to rewrite it into your notebooks because the translation of this text will be your
homework. Again, please rewrite it in the case that you will not be able to open the
presentation at home for any reason. Email your translation to this email address.
Text: “As used in contradistinction to public law, the term means all part of the law which is
administered between citizen and citizen, or which is concerned with the definition,
regulation, and enforcement of rights in cases where both the person in whom the right
inheres and the person upon whom are private individuals.”
Překlad (domácí úkol): „Při použití k odlišení od veřejného práva, tento termín znamená
celou část zákonů, které spravují vztah mezi občanem a občanem, nebo které se zabývají
vymezením, úpravou a vynucováním práv v případech, kde osoba, které náleží právo a osoba,
které náleží povinnost, jsou obě soukromými osobami.“
Public x private law (slide 8)
Now it’s time for a summary and short overview of public and private law.
The term public law is used when it comes to relationships in the public sphere. Those are
rights and duties between the state and the individual, relationships between organizations of
the state themselves, and among states. A characteristic feature of public law is that it is
mainly aimed to fulfill social objectives and to protect collective interests.
The term private law is used when we speak about the legal relationship between private
persons. The private person is an individual, an association, or a company. The purpose of
private law is to regulate their free will to the range that is given by the law. A characteristic
feature of private law is that it is mainly aimed to protect individual interests
Substantive x procedural law (slide 9)
Let’s go on with another method of division of law. It is division to substantive law and
procedural law.
Those are two complementary sets of rules of law. Substantive law is only an empty
proclamation without procedural law because only through procedural law the rules which
are set by substantive law can be enforced.
Substantive law lays down rights and duties. For better understanding we can say that
substantive law sets the rules of the game. These are rules on which the courts base their
decisions.
Procedural law lays down the method of enforcing rights and duties when someone is not
following them. Procedural law sets the way how proceeding in front of the court works. For
better understanding we can say that the court is a referee in the game.
Substantive law (slide 10)
The purpose of substantive law is simple. It regulates human conduct in specified areas.
There are laws for contracts, family, companies, property, labor, crimes etc.
The most important laws containing substantive law are called codes.
Please translate to English – Občanský zákoník, obchodní zákoník, trestní zákoník
Good job.
Procedural law (slide 11)
Substantive law would be useless without the possibility to enforce the rules. Procedural law
serves this purpose. It regulates the method of enforcement of rights and duties.
Word procedural has those synonyms: adjective and adjectival
When talking about procedure we need to know the difference between words “action” and
“indictment.” “An action” should be translated as „žaloba“ and it is the beginning of civil
case. On the other hand, “an indictment” should be translated as „obžaloba“ and it is the start
of criminal case.
And now please translate to English again – Občanský soudní řád, trestní řád
Well done.
Civil law (slide 12)
Finally, we are going to look at the third division of law. It is division to civil and criminal
law. The difference is more or less obvious but we will go through it anyway.
Let’s start with civil law. It defines the rights and duties of persons to one another and
provides the system of remedies. Remedies are for example damages as compensation for
harm sustained. The most important examples of civil law are law of contract, law of tort,
family law and property law.
Tort has no equal term in Czech but Czech laws know two similar terms „odpovědnost za
škodu“ and „bezdůvodné obohacení.“ Tort should be translated as „občanskoprávní delikt“
It is important to know the difference between damage meaning harm and translated as
„škoda“ and damages meaning compensation and translated as „náhrada škody“
Criminal law (slide 13)
Let’s finish with criminal law. Opposite to civil law, criminal law is concerned with acts or
omissions which are contrary to public order and society as a whole. The second purpose of
criminal law is to render the guilty person liable to punishment in the form of a fine or
imprisonment.
Crimes are subdivided into serious offences such as murder, rape or burglary and lesser
offences such as traffic infringements.
Sources (slide 14)
Now we are going to finish this lesson. Here are sources of the presentation.
I remind you the homework – the translation of the text from slide seven.
Are there any questions?
That´s all for today, thank you.
Zdroje
Chroma M.. New Introduction to Legal English I, II. Praha. 2.. Praha, Karolinum. 2007
Chroma M.. Česko-anglický právnický slovník s vysvětlivkami.2. praha. 2003
Black's Law Dictionary 6th ed., West Publishing, 1990
A. Gerloch. Teorie práva. 3. vydání. Plzeň. 2004.
Právo
Ročník
4.
Časová dotace
45 min
Téma
Sources of Law
Žák získá základní znalosti o pramenech práva
v anglickém jazyce
Výchova k myšlení v evropských a globálních
souvislostech
A2 – B1
Základní znalosti právní teorie
Sources of law, common sense, legislation,
statutory interpretation, preparatory works,
customs, customary law, legal dispute, common
law legal system, legally binding, judge-made
law, civil law legal system, to enact, competent
authority, primary legislation, secondary
legislation, delegated legislation, legislative
procedure, to pass a Bill, an Act, general acts,
personal and local acts, to propose, the Chamber
of Deputies, expertise, European Treaties,
regulation, directive, decision, case law, the
court, legislative history, committee reports,
committee hearing, legislative counsel, the intent,
credibly
Pomůcky
Powerpoint prezentace Sources of Law (příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about sources of law.
Content (slide 2)
Sources of law (slide 3)
First of all we need to know what sources of law are. Sources of law are origins of rules of
human conduct. It is not only written law but there are several sources. Those are common
sense, customs, precedents, legislation, statutory interpretation and preparatory works.
The term sources of law should be translated to Czech as „prameny práva“
The first is common sense. It is the most basic source from which all other forms of sources
of law rise. Common sense should be translated as „zdravý rozum.“ Law always should be
based on rational and logical fundaments because when law doesn’t match with common
sense it can be rejected by the majority of the public and people will not follow the rules they
don’t trust.
Legislation is highlighted because it will be the main topic of the lesson.
Remember to write down new vocabulary into your worksheets.
Customs (slide 4)
Next we will look at customs. Notice that word custom is used in legal meaning not in
general English. Custom is the oldest form of source of law. It has developed in natural way
because legally binding custom rose from the behavior of the society.
We are going to read and translate the definition taken from legal dictionary.
Text: “Custom is defined as a law not written, which being established by long use and
consent of our ancestors has been and daily is put into practice.”
Překlad: „Právní obyčej je definován jako nepsaný zákon, který je založen dlouhým užíváním
a souhlasem našich předků a který byl a je denně uváděn do praxe.“
Customary law has been established since prehistoric ages in human society. Nowadays it is
used mainly in undeveloped societies such as tribes but the best known example of customary
law in modern contemporary society is British constitutional law which is completely
unwritten and based on long use.
Precedents (slide 5)
Let’s continue with the precedent. It is generally used in common law legal system which has
two big branches – the British and the American branch. The precedent is a judgment that
settled the first legal case of a kind and it is binding for all following similar cases. It is the
most flexible source of law because it isn’t as static as custom or legislation and it can be
changed when major differences arise in a case in comparison to previous cases. Sometimes it
called judge-made law because judges decide a case and the strength of their argumentation
serves as guide or basis for decisions of other judges in similar cases.
Common law legal system should be translated as „anglo-americká právní kultura“
Legal dispute should be translated as „právní spor“
The term legally binding is translated to Czech as „právně závazný“
And judge-made law is „soudcovské právo“ in Czech
Another important thing to know about precedents is that they are used as the source of law
only in the common law legal system. Countries of continental Europe have different legal
system that doesn’t recognize judgments as the source of law. This legal system is called
Civil law.
Nevertheless, recently in countries that are members of the EU there exists a tendency that
legal system of continental Europe and common law legal system becomes more and more
closer to each other resulting in a change of legal opinions on judgments of the highest courts.
Legislation (slide 6)
Now we approach the main topic of this lesson which is legislation. It is the source of law
which consists in declaration of legal rules by a competent authority. The competent authority
which enacts legal rules in western democracies is in the most cases the parliament as a body
that derives its legislative power from the result of elections.
As you can notice from the presentation, not all of legislation is of the same type. We
distinguish between primary legislation and secondary legislation.
Primary legislation should be translated into Czech as „primární (základní) zákonodárství“
Secondary legislation is translated as „prováděcí (přenesené) zákonodárství“
Primary legislation (slide 7)
Let’s go on with the more detailed explanation of primary legislation. It is that portion of
legislation with which most people are familiar with. It is called statute law and proper
synonym for this term is written law.
New laws are made through legislative procedure which slightly varies from country to
country. For better explanation we can say that legislative procedure is a way or a method
through which new laws are passed.
Legislative procedure is translated into Czech as „legislativní proces“ or „postup přijímání
zákonů“
We will go through legislative procedure later this lesson.
It is important to know that that primary legislation is divided by its characteristic features
into two groups – general acts and personal and local acts.
General acts apply to everybody everywhere in the legal system. General acts are the most
common type of primary legislation and should be translated as „zákony se všeobecnou
působností“
Personal and local acts, on the other hand, apply to particular individuals or more usually to
particular areas. The most common examples of personal and local acts are those acts that
regulate the army, military areas, the police, cities, and special areas as mines. Personal and
local acts have proper translation as „zákony s omezenou působností“
Legislative procedure (slide 8)
Let’s continue with legislative procedure. We will focus on Czech legislative procedure
because you are familiar with it and it is easily understandable for you.
The procedure of passing laws in the Czech Republic begins when a Bill is proposed by a
competent body in the Parliament. The competent body can be the government, a deputy or a
group of deputies, and the Senate as a whole.
Then the Bill goes through a debate in the three reading in the Chamber of Deputies. After
third reading there is time for voting whether to pass the Bill or not.
If the Bill is passed, it goes to debate and voting to the Senate.
The final step after passing the Bill in the Senate is signing the Bill by the President and the
Prime Minister. After successfully completing signatures the Bill becomes an Act.
The Chamber of Deputies is „Poslanecká sněmovna“
Please note that this is standard legislative procedure without any complications.
Secondary legislation (slide 9)
Now we are moving to secondary legislation. For the better understanding there is a short text
about secondary legislation which you will read and translate. The text was taken from legal
textbook.
Text: “Sometimes Parliament cannot decide exactly what the law should be on a point. It may
not have necessary expertise or it may be that the area is one where frequent changes are
needed. In such cases Parliament may pass an Act giving somebody else the power to make
law in the appropriate area. Such power is often given to government ministers or local
authorities. This is the most common example of what is known as delegated or secondary
legislation.”
Překlad: „Někdy se parlament nemůže rozhodnout, jaký by přesně měl být zákon ohledně
daného bodu (záležitosti). Možná nemá potřebné odborné znalosti nebo se to týká oblasti, kde
jsou potřebné časté změny. V takových případech parlament může přijmout zákon, který dává
někomu jinému pravomoc vytvářet právo v příslušné oblasti. Takováto pravomoc je často
dávána vládním ministrům nebo místním úřadům. To je nejčastější příklad toho, co je známo
jako přenesené nebo prováděcí zákonodárství.“
EU legislation (slide 10)
Next we will look at legislation of the European Union. Legally binding documents of the EU
are subdivided into primary and secondary legislation. It is similar to legislation of a state but
with a different meaning.
EU law can be found mainly in the European Treaties. This portion of EU law is referred to
as primary EU law.
Implementing legislation or secondary EU law is obtained in regulations, directives, decisions
and case law of the European Court of Justice.
The third term that is used in this context is the French phrase acquis communautaire. This
means everything that has been decided and agreed on since the establishment of the
European Communities.
Primary law of the EU is characterized as supranational. Supranational means that the part of
EU law obtained in the treaties is above law of Member States and law of Member States
must be in compliance with primary EU law.
Secondary law of the EU also called implementing legislation can be found in regulations,
directives, decision and case law of the European Court of Justice.
Regulation is translated as „nařízení“
Directive should be translated as „směrnice“
Decision as „rozhodnutí“
And case law has Czech equivalent „precedenční právo“
I will not explain the meaning of this terms because it will be your homework.
Statutory interpretation (slide 11)
Let’s move to another source of law which is statutory interpretation. Some amount of
interpretation is always needed when legal dispute involves the use of the law. Sometimes the
law has a clear and plain meaning causing no troubles when sides of a dispute or a court
apply it.
On the contrary, statutory interpretation is the only method that can bring a clear meaning
when sentences and word used in the law are vague, hard to understand or unexplained.
Through statutory interpretation the court can defined terms used by the law which haven’t
been explained yet or clear the meaning of disputable parts of the law.
Statutory interpretation is the source of law because everybody can interpret the law but only
the interpretation delivered by the court and the judge is legally binding. That is the ultimate
purpose of statutory interpretation.
Preparatory works (slide 12)
Finally we reach the last topic of this lesson and that is preparatory works as the source of
law. Preparatory works are useful tool that help lawyer when they need to find the intent of
the law because sometimes without knowing the true intent of the law it is impossible to
interpret it correctly.
Preparatory works are documents produces in legislative procedure and they are used as
guidelines on how to interpret and understand the legislation. This explanation is closely
connected to the term legislative history which shows us the history of the law, why it was
enacted, what its purpose is, what its intent is etc.
Those materials are various and differ from country to country. These documents can be for
example committee reports, committee hearing or analysis by legislative counsel.
The word intent is translated as „záměr“ and word credibly as „věrohodně“
Sources (slide 13)
Homework (slide 14)
The very last thing is your homework. Your task is to explain the meaning of and differences
between secondary EU legislation. Email your homework to this email address.
Zdroje
Smlouva o Evropské unii
Smlouva o fungování Evropské unie
A. Gerloch. Teorie práva. 3. vydání. Plzeň. 2004.
Právo
Ročník
4.
Časová dotace
45 minut
Téma
The Constitution
Žák získá znalosti a dovednosti z ústavního
práva v anglickém jazyce
souvislostech
A2 – B1
Základy českého ústavního práva
úkol, který pošle učiteli emailem.
Constitution, the body of rules, governance,
fundamental, written, unwritten, to lay, principle,
to be conformed to, extent, manner, the exercise,
sovereign, power, the rule of law, legal maxim,
legal principle, division of powers, the Executive,
the Legislative, the Judiciary, the Chamber of
Deputies, Supreme Court, Supreme
Administrative Court, Constitutional Court,
Supreme Control Office, local government, to
supervise, supervisor, budget, region,
municipality, the European Council, the
European Parliament, the Council of the EU, the
European Commission, the Court of Justice of
the EU, the Court of Auditors, the European
Central Bank, to set the course, lower and upper
house, to conclude, international treaty,
uniformity, the Bill of Rights, the Charter of
Fundamental Rights of the EU, the Charter of
Fundamental Rights and Basic Freedoms, legal
personality
Pomůcky
Powerpoint prezentace The Constitution (příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about the Constitution.
Content (slide 2)
The Constitution (slide 3)
First, we need to clear the meaning of the word “constitution.” It has two meanings.
In general English it is the determination of nature and character of something. Please, now
translate to Czech and write it down on your worksheets. [… ]
Překlad 1: Složení - Určení povahy a charakteru něčeho
Good. Let’s leave general English behind and we will move to legal English. In law, The
Constitution is a document containing the body of rules defining the state and the
fundamental principles of governance of the people.
Please translate this meaning to Czech and write it down on your worksheets as well.
Překlad 2: Ústava - Soustava pravidel určujících stát a základní zásady vládnutí lidem
Slide 4
Fine. Next we will look over the definition of the constitution taken from a law dictionary.
Please, read it and then translate it. This should be a group work. The definition is not as
complicated as it looks, trust me.
Write down the new vocabulary into your worksheets and we will move on.
Překlad 3: Organický a základní zákon národa nebo státu, který může být psaný nebo
nepsaný, zakládá povahu a koncepci vlády, pokládající základní zásady, se kterými musí být
vnitřní život v souladu, organizuje vládu, rozděluje a limituje rozsah a způsob výkonu
suverénních pravomocí.
The rule of law (slide 5)
To continue, we need to know the term “The Rule of law.” The rule of law is a legal principle
which tells us that the state should exercise its power only in compliance with its own law. It
is one of basic legal principles in the Anglo-American legal system. Czech equivalent of this
term is “Právní stát” but more precise translation is “Vláda práva.”
Legal maxim is synonym to legal principle and should be translated as “právní zásada”
Division of powers in the state (slide 6)
Let’s go on with the division of powers in the state. All democratic states respecting the rule
of law divide power between three branches of government. We will read the text and
translate it. Please write down new vocabulary in your worksheets.
Překlad 4: Ústava rozděluje vládu do tří větví, moc výkonná, v jejím čele stojí president, moc
zákonodárná, která zahrnuje obě komory Kongresu (Senát a Sněmovnu reprezentantů), a moc
soudní, v jejímž čele stojí Nejvyšší soud. Ústava limituje role každé větve, tak aby zabránila
kterékoliv z větví, aby získala neoprávněné pravomoci.
Well done and I have prepared some questions for you.
The first question: Do you know which country is described in the text? Answer: The USA.
The second question: Can you compare it to Czech constitutional system? Answer:
•
the Executive, the government headed by the prime minister
•
the Legislative, two houses of the Parliament – the Senate and the Chamber of Deputies
•
the Judiciary, headed by the Supreme Court and Supreme and the Supreme Administrative
Court which deals with ordinary legal matters of great importance and the Constitutional
Court which deals with constitutional questions and unconstitutional acts of the state.
Great and this brings us to the Constitution of the Czech Republic.
The Constitution of the Czech Republic (slide 7)
Here you can see a short revision of your answers.
Nevertheless, the Czech Constitution has diversified powers in the state even further than the
Constitution of the US.
Additional institutions (slide 8)
In the Czech Constitution, there are additional constitutional institutions established.
The Supreme Control Office – supervises the management of the state property and the state
budget
The Czech National Bank – is the central bank and financial market supervisor in the Czech
Republic
The local government – to have local government is one of constitutionally granted rights
Czech Republic is divided into 14 regions. Region should be translated as “kraj.” Lower level
local governments are municipalities. Municipality should be translated as “obec.”
The EU Institutions (slide 9)
Let’s zoom up to the European level. The EU is governed by seven institutions. As you can
see, they are similar to constitutional institutions of a state.
The European Council
•
sets out general objectives and priorities, sets out the course of the EU
•
It is a summit of the Heads of Governments chaired by the President of the European Council
•
It is based in Brussels
The European Parliament
•
Holds legislative power as lower house
•
It is last instance on the budget of the EU
•
It appoints members of the European Commission
•
It is equivalent of the Chamber of Deputies in the Czech Republic
The Council of the EU
•
Holds legislative power as upper house
•
It concludes international treaties
•
It is equivalent of the Senate in the Czech Republic
The European Commission
•
It is government of the EU, it holds executive power
•
It submits new legislation to the Council of the EU and European Parliament
The Court of Justice of the EU
•
Decides legal disputes between EU member states, EU institutions, businesses and
individuals, it holds judiciary power
•
It ensures uniformity of interpretation of the EU law
The Court of Auditors
•
It supervises the budget of the EU institutions
•
It has the same role as the Supreme Control Office
The European Central Bank
•
Ensures the price stability in the Eurozone
•
It forms European Central Banks system together with national central banks and determines
the monetary policy in the EU
The European Bill of Rights (slide 10)
Let’s continue with the European Bill of Rights. The Bill of Rights in general is very
common part of constitutions around the world. The full name of this legal document is the
Charter of Fundamental Rights of the EU, translated as “Listina základních práv Evropské
unie.” It is built on the same values and principles as Czech constitutional document called
the Charter of Fundamental Rights and Basic Freedoms which is translated as “Listina
základních práv a svobod.” Both documents deal with human rights, rights of citizens,
political, cultural and social rights.
The EU from the worldwide perspective (slide 11)
The last topic to go through is the EU in the worldwide perspective. Think about the EU
when you are looking at the political map of the globe. Is it the international organization or
is it more like a federative state? The answer has come with the Lisbon Treaty. Since the
Lisbon Treaty is in effect, the EU has full legal personality according to the law of nations.
To explain precisely only sovereign states have full legal personality according to the law of
nations. That is why the international legal status of the EU is like a state.
Sources (slide 12)
Homework (slide 13)
The very last thing is your homework. Compare and match Czech constitutional institutions
with institutions of the EU. Email your homework to this email address.
Zdroje
Čestmír Čepelka, Pavel Šturma. Mezinárodní právo veřejné. 2. C.H.Beck, Praha. 2008
Hýbnerová. Evropská ochrana lidských práv, základní dokumenty. Karolinum. Praha. 1992
Václav Pavlíček a kolektiv: . Ústavní právo a státověda, II.díl
Právo
Ročník
4.
Časová dotace
45 min
Téma
Electoral Process
Žák získá znalosti o volbách a volebním
procesu z evropských a světových
anglofonních zemí
souvislostech
A2 – B1
Základní znalost českého ústavního práva
Electoral process, elections, citizenship,
franchise, suffrage, right to vote, electorate, selfgovernment, freedom to move and reside,
freedom of movement to work, right to consular
protection, municipal elections, European
elections, active right to vote, passive right to
vote, limited franchise, secret ballot, property and
professional qualification, to enfranchise, legal
incapacity, electoral register, the House of
Representatives, the Chamber of Deputies, vote
in person, postal vote, proxy vote, compulsory
voting, eligible overseas elector, itinerant
Pomůcky
Powerpoint prezentace Electoral Process
(příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about the division of law.
Content (slide 2)
Electoral Process (slide 3)
First of all we are going talk about electoral process in general. Electoral process is translated
as „volební proces“ and it is an important part of political system in democracy. It ensures
that government is arising out the will of people. It is also a branch of constitutional law
because in most democratic countries the right to vote is obtained in their constitutions.
Constitution usually sets basic rules for exercising the right vote such as conditions that an
individual have to meet to participate in elections like the citizenship. The right to vote is
closely connected with the citizenship which is the elementary condition for participation in
elections because only citizens have full right to vote.
We cannot go through all English speaking countries or all European countries so we will
mention only the most interesting examples from all over the world. We will focus on the
United States of America, we will mention special characteristics of voting in the United
Kingdom, we will look at history of the right to vote in Australia and of course we will learn
a few details about the citizenship of the European Union.
Elections (slide 4)
Let’s begin with the definition of elections taken from American legal textbook that deals
with the history of the Constitution of Unites States and their political system. We will read
the short text and translate it.
Text: “Elections are formal procedures for making group decision. Voting is the act that
individuals perform when they choose between alternatives in an election. Suffrage or
franchise means right to vote. An informed electorate is the surest guarantee of the survival of
democracy. Rights are in self-government balanced by duties and responsibilities of
citizenship.”
Překlad: „Volby jsou formální procedury pro dělání skupinového rozhodnutí. Hlasování je
rozhodnutí, které jednotlivci (fyzické osoby) vykonají, když si vyberou mezi možnostmi ve
volbě. Voličské oprávnění nebo hlasovací právo znamená právo volit a být volen.
Informované voličstvo je nejjistější zárukou přežití demokracie. Práva jsou v samosprávě
vyvážena povinnostmi a zodpovědností, které s sebou nese občanství.“
Well done. Information in the text contained all three elements necessary to exercise the right
to vote. Those are voting, franchise, and the citizenship.
US citizenship (slide 5)
Now we will continue with the citizenship which is essential for obtaining the right to vote.
The citizenship is a relationship between an individual and a state. In the United States of
America, the citizenship is acquired by various means. In comparison with the rest of the
world the conditions that an individual have to meet to become the United States citizen are
more or less average.
The US citizenship is granted for anyone who was born in the territory of the United States.
That means a person born on American soil in any of states becomes the US citizen. This rule
also applies for persons born in Puerto Rico, Guam, and the U.S. Virgin Islands which are
also the American territory but they are not states.
A person born outside American soil becomes a citizen if at least one parent is an American
citizen. Similar rule is applied also in the Czech Republic.
For foreigners there is a possibility to become the US citizen through the process of
naturalization. You have to meet legal requirements in order to obtain citizenship of the US
which are at least 18 years of age, filed application, passing a test and examination done by
immigration authorities. This applies to all adults but there are special rules for minors.
EU citizenship (slide 6)
Let’s move from the opposite side of Atlantic Ocean to the European Union. The European
citizenship has been established since the Maastricht Treaty entered into effect in 1993. It
supplementary to the citizenship of Member state that means every citizen of a Member state
is also a citizen of the European Union as well. You can easily recognize it on passports
issued by Member states.
European citizenship offers additional rights to a Member state citizenship. Freedom to move
and reside grants any European citizen to move and set up his or her home in any country of
the EU including his or her business activities.
Freedom to move and reside is translated as „svoboda pohybu a usazování“
Freedom of movement to work ensures the right to be employed in any country of the EU
without any discriminating conditions. Freedom of movement to work has a Czech equivalent
„volný pohyb pracovníků“
The right to consular protection from other EU states' embassies when a person's country of
citizenship does not maintain an embassy or consulate in the country they need protection in
is also granted by the European citizenship.
Wherever the EU citizen settles he or she has the right to vote in municipal elections.
Municipal elections can be translated as „místní volby“ but more precise Czech expression is
„volby do obecních a krajských zastupitelstev“
For example a German citizen can move and settle in Belgium and run for major in the town
he moved to.
All EU citizens are entitled to vote and be elected in European elections which determine the
composition of the European Parliament.
Suffrage = Franchise (slide 7)
Next topic of this lesson is suffrage or franchise. Both are synonyms for the right to vote. It
consists of two separate rights – active and passive right to vote. The active right to vote is
right choose an alternative in the election and is translated into Czech as „aktivní volební
právo“ or „právo volit.“ The passive right to vote means to stand in elections and to be
elected and it is translated as „pasivní volební právo“ or „právo být volen.“
In the history of franchise different groups of persons didn’t have both these particular rights.
The limitation of franchise was based on gender, race, property or profession of a person.
History of franchise – Australia (slide 8)
Let’s continue with history of franchise. Today it is very common that all citizens of a state
have active and passive right to vote, one person has only one vote and voting is secret but
through the course of history franchise wasn’t like we know it today. We will look at history
of franchise as it developed in Australia as the pioneer of the modern right to vote.
The Australian colonies inherited an electoral tradition form Britain that included limited
franchise and public and plural voting. Limited franchise is translated as „omezené volební
právo.“ Plural or property vote in Australia meant that the amount of property a man owned
determined how many votes he had. A wealthy settlor could have up to twelve votes.
In 1855, the colony of Victoria introduced as the first in the world a secret ballot which
became known as Australian ballot. Secret ballot is translated as „tajné hlasování.“
In 1856, South Australia eliminated professional and property qualifications and gave the
vote to all adult men. Property and professional qualification is translated as „cenzus dle
majetku a povolání.“ In 1892, South Australia gave adult women the vote. In 1890’s, all
colonies adopted the principle of one vote per person and stopped the practice of plural
voting.
Do you know the history of franchise in Czech state and in Austria-Hungary?
(It will be your homework.)
History of franchise (slide 9)
Now we know about history of franchise in Australia which was a pioneer in many steps
leading to the modern day right to vote. In the USA, women were enfranchised in 1920 and
African Americans were fully enfranchised in 1966. Term full enfranchised means that they
were given both active and passive right to vote. Although, for example in Switzerland adult
females were fully enfranchised as late as 1971.
Contemporary franchise – the UK (slide 10)
Let’s move to the present day and we will talk about contemporary franchise in the United
Kingdom. The first condition to meet to have right to vote in the UK is citizenship. It includes
citizens of Great Britain, citizens of other Commonwealth countries and citizens of Irish
Republic. The second condition is age. A person must be 18 years old or more to participate
in elections. The third condition is legal capacity to exercise the right to vote. Persons with
legal incapacity are members of House of Lords, prisoners, anyone found guilty in previous
five years of corrupt or illegal practices in connection with an election and persons with
mental disabilities. The fourth and the last condition is listing on the electoral register.
Do prisoners have the right to vote in the Czech Republic?
Passive right to vote – the US (slide 11)
Next topic we will talk about is passive right to vote and we will use the example of the
United States of America.
The first is a question for you. In the USA, what is called the Congress?
(Answer: The Congress of the USA consists of two chambers – the House of Representatives
as the lower chamber and the Senate as the upper chamber)
The House of Representatives comprises 435 representatives. The number representing each
state is determined by the population but every State is entitled to at least one representative.
Members are elected by the people by district for two year terms and all terms run for the
same period. Representatives must be at least 25 years of age, citizens of the United States for
at least 7 years and live in the state they represent. Representatives are called congressmen as
distinguished from senators.
The Senate is composed of 100 members, 2 from each State, who are elected to serve for a
term of 6 years. One-third of the Senate is elected every 2 years. Senators must be at least 30
years of age, citizens of the Unites States for at least 9 years and live in the state they
represent in the Senate.
Do you know requirements to run for president of the United States?
(Answer: A person must be natural born citizen of the US, at least 35 years old, and lived in
the US for at least 14 years before the election.)
Can you compare the United States Congress and Czech Parliament?
(Answer: Czech Parliament also has two chambers – the Chamber of Deputies as lower
chamber and the Senate as upper chamber. To be elected as a Deputy, a person must be
citizen of Czech Republic and at least 21 years of age. To be elected as a Senator, a person
must be citizen of Czech Republic and at least 40 years of age. The Chamber of Deputies is
elected for 4-year term and a Senator has 6-year term. The one-third of the Senate is elected
every 2 years.)
Voting (slide 12)
The last topic of this lesson will be voting. In the Czech Republic a voter must attend an
election in person if he wants to participate. In other countries, there exist more options how
to exercise the right to vote. In the UK and Australia, a voter can cast the vote by postal
services. It is called postal vote and it is translated as „hlasování poštou.“ In the UK, they
have established another possibility how to vote and it is called proxy vote and it is translated
as „hlasování v zastoupení.“
Compulsory voting (slide 13)
In Czechoslovakia before the Second World War there existed a compulsory voting under a
fine like it still exists in Australia. We will read and translate the short text taken from legal
textbook.
Text: “Compulsory voting has applies at all federal elections since 1924. Voting is
compulsory for all electors with the exception of eligible overseas electors, itinerant electors
and Antarctic electors. Persons failing to vote at a federal election must provide a valid and
sufficient reason or pay an administrative penalty of $20.”
Překlad: „Povinná volební účast se používá ve všech federálních volbách od roku 1924.
Hlasování je povinné pro všechny voliče s výjimkou oprávněných voličů v zámoří, voličů
cestujících za prací a voličů z Antarktických oblastí. Osoby, které nehlasovali ve federálních
volbách, musí poskytnout platný a dostatečný důvod nebo zaplatit úřední pokutu 20 dolarů.“
Sources (slide 14)
Homework (slide 15)
The very last thing is your homework. Your task is to find information about franchise in
Czech state and also in Austria-Hungary. Email your answers to the address in the
presentation.
Zdroje
Václav Pavlíček a kolektiv: . Ústavní právo a státověda, II.díl
Právo
Ročník
4.
Časová dotace
45 min
Téma
Intellectual Property
Žák získá základní znalosti o právech
duševního vlastnictví v anglickém jazyce
souvislostech
A2 – B1
Intellectual property law, patent, a design,
copyright, goods, to capitalize on, goodwill, a
business, supplier, material and artistic form,
mental faculties, industrial property rights, an
invention, exclusive right, monopoly right, patent
office, property, business asset, statutory
protection, to qualify for, patentable, inventive
step, be capable of, industrial application,
appearance, ornamentation, feature, trademark,
geographical indication, a trade, services, original
work of authorship, literary work, musical work,
dramatic work, artistic work
Pomůcky
Powerpoint prezentace Electoral Process
(příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about intellectual property law.
Content (slide 2)
Intellectual property law (slide 3)
First of all we need to know what the main concern of intellectual property law is. This
branch of law protects a specific category of intangible rights which are connected with
commercially valuable products of human intellect. We will learn more about intellectual
property law from the short text in the presentation that was taken from legal textbook. Let’s
read and then translate.
Text: “Where a supplier is involved in the design and manufacture of new goods, there are
steps which can be taken to ensure that others do not steal the ideas and capitalize on them.
But the protection of intellectual property (as it is known in legal jargon) cannot apply to
ideas themselves, only to ideas or new products which have in some way taken on a material
or artistic form. In order to encourage new inventions and original works and to protect the
goodwill of those who have built up a business the law gives statutory protection to patents,
designs, copyright and trademarks. This branch of law is known as intellectual property law.”
Překlad: „Kde je dodavatel zapojen do designu a výroby nového zboží, tam jsou opatření,
která mohou být podniknuta k tomu zajistit, aby ostatní nekradli nápady a nevydělávali na
nich. Ochrana duševního vlastnictví (jak toto je známo v právnickém žargonu) se nemůže
uplatnit na nápady samotné, ale jen na nápady nebo nové výrobky, které jsou nějakým
způsobem zachyceny v hmotné nebo umělecké formě. Za účelem povzbudit vymýšlení
nových výrobků a tvůrčích děl a k ochraně dobrého obchodní pověsti těch, kteří vybudovali
svoje podnikání, zákon poskytuje ochranu patentům, průmyslovým vzorům, autorským
právům a ochranným známkám. Toto odvětví práva je známé jako právo duševního
vlastnictví.“
Well done. Now I hope you have a more precise idea about intellectual property law.
Intellectual property (slide 4)
Let’s continue with intellectual property itself. It represents the property that is created by
person’s mind or mental faculties and expressed in any material form. Mental faculties are
translated as „duševní schopnosti.“ Traditionally it is divided into two wider groups.
The first group is called industrial property rights and it is concerned with those products of
human creativity that are used or can come to use in industrial production or in commercial
use of any kind. Companies like Apple, Samsung, Google and Microsoft has made this topic
popular and present on pages of newspapers in recent years. Industrial property rights are
inventions or patents, designs, trademarks and geographical indications.
Industrial property rights are translated as „průmyslová práva“
The second group of intellectual property is copyright and neighboring and related rights.
They are not connected with industry but it covers areas of human activity as music, movies,
writings of any kind, performances of artists, television series etc. Those rights come into
existence only by creation of an idea in material form. For example when musician writes
down his idea of new song in sheet music his work is protected by copyright since the
moment of mere expression.
The main difference between industrial property rights and copyright is that the first
mentioned (industrial property) needs a formal registration before it is covered by any
statutory protection.
Patent (slide 5)
We will continue with the category of industrial property rights. We will begin with the
oldest right in this category which is a patent. There is a short text taken from legal textbook
that contains the definition of a patent. We will read and translate the text.
Text: “Patents are granted to protect inventions. Patents are generally intended to cover
products or processes that possess or contain new functional or technical aspects; patents are
therefore concerned with, for example, how things work, what they do, how they do it, what
they are made of or how they are made.”
Překlad: „Patenty jsou udělovány k ochraně vynálezů. Patenty jsou určeny hlavně k tomu,
aby chránily výrobky nebo postupy, které mají nebo obsahují nové funkční nebo technické
aspekty; patenty se proto zabývají například s tím, jak věci fungují, co dělají, jak to dělají,
z čeho jsou vyrobeny nebo jak jsou vyrobeny.“
Well done. Nevertheless, this definition of a patent is incomplete because it does not contain
legal characteristics of a patent.
Patent (slide 6)
Next we will go through legal characteristics of a patent. A patent is granted for an invention
by government to the inventor. It gives the inventor the right for a limited period to stop
others from making, using, or selling the invention without the permission of the inventor. A
patent can last to the maximum of 20 years. The state offers a short-term exclusive right or
monopoly in return for a full description of the invention which is published by the patent
office which also deals with registration of new patents.
Exclusive right should be translated as „výlučné právo“
Patent office is translated as „patentový úřad“
When a patent is granted, the invention becomes the property of the inventor. A granted
patent like any other form of property or business asset can be bought, sold, rented or hired.
A patent empowers the owner or better said the proprietor of an invention to take legal action
against others to prevent the unlicensed manufacture, use or sale of the patented invention
and to claim damages. This is called statutory protection of a patent. The mere existence of a
patent can be enough to deter potential infringer.
Property is translated as „majetek“
Business asset has the Czech equivalent „obchodní aktivum“ or „obchodní majetek.“
Patent (slide 7)
Now we will talk about requirements or conditions that an invention An invention must meet
in order to qualify for registration of a patent. Patent office examine if an invention is
patentable or not according to following criteria.
To be patentable an invention must
1) Be new; this means the invention must never have been made public in any way,
anywhere in the world, before the date on which an application for a patent is filed
2) Involve an inventive step; an invention involves an inventive step if, when compared
with what is already known, it would not be obvious to someone with a good
knowledge and experience of the subject
3) Be capable of industrial application; an invention must be capable of being made or
used in some kind of industry. This means that the invention must take practical form
of an apparatus or device, a product such as some new material or substance or an
industrial process or method of operation.
A design (slide 8)
We will continue with another important intellectual property right. It is a design. A design is
translated as „průmyslové vzory.“ In the presentation you can see the short definition of a
design. We will read and translate the text.
Text: “A registered design is a monopoly right for the appearance of the whole or part a
product resulting from the features of, in particular, lines, contours, colors, shape, texture and
materials of the product or its ornamentation”
– Appearance only, but not functional or technical features
Překlad: „Registrovaný průmyslový vzor je výhradní právo na vzhled celého nebo části
výrobku vyplývající z vlastností, konkrétně linek, obrysů, barev, tvaru, povrchu a materiálu
výrobku nebo jeho zdobení.“
- Jen vzhled, ale NIKOLI funkční nebo technické vlastnosti
Good job. Recently, companies Samsung and Apple have had several well known legal
disputes connected to designs of their products especially smartphones. They usually argued
about the shape of their phones.
A design (slide 9)
Next thing we need to know about a design is its legal characteristic. Every design must meet
some requirements in order to be registered and therefore valid form of property. Registration
works the same in the case of a design as in the case of a patent with same consequences.
The first requirement is that a design must be new. It means that it must not be the same as
any design which has already been made available to the public.
The second requirement is that a design must have individual character. It means that the
overall impression it produces on an informed user of the design must from the overall
impression produced on such a user by any design which has already been made available to
the public.
Registration can last for a maximum of 25 years and a registered design is a property or
business commodity like any other. It can be bought, sold, or licensed.
Other industrial property rights (slide 10)
Let’s move to other important industrial property rights which are trademarks and
geographical indications. A trademark is defined in the very short text in the presentation. It
is really simple and need no translation. We will only read it.
Text: “Letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging
or any combination of these. It is used to distinguish goods and services of one trade from
those of another.”
Most famous trademarks belong to companies like Coca-Cola, PepsiCo, and McDonalds.
Word trade is translated as „firma“ or „podnik“
Geographical indications are used especially for agricultural products such as French cheese
Roquefort or famous alcoholic drink Champagne.
Copyright (slide 11)
Now we will go through the last topic of this lesson and that is copyright. It is a separate
branch of intellectual property together with its neighboring and related rights. It is a form of
protection provided to all authors of original works of authorship. Those works can be literary
like novels, instructions manuals, lyrics for songs, articles in newspapers. Note that a
computer program is considered as literary work. Works can be musical, dramatic including
dance. Original artistic works are for example paintings, photographs, sculptures, and works
of architecture.
No registration is needed to apply the statutory protection. Copyright is acquired by bringing
a work into existence and unlike patent it is not a monopoly right, it is a right of protection
against copying. It lasts 70 years after the death of the last author.
Sources (slide 12)
Homework (slide 13)
The very last thing is your homework. Your task is to find out what neighboring and related
rights to copyright are. Email your answers to the address in the presentation.
Zdroje
Švestka, J. - Dvořák, J. (eds.): Občanské právo hmotné. Svazek I až III. 5. vydání. Praha:
Wolters Kluwer ČR, a. s., 2009
Právo
Ročník
4.
Časová dotace
45 min
Téma
International Law
Žák získá základní znalosti o mezinárodním
právu v anglickém jazyce
souvislostech
A2 – B1
Public international law, private international law,
conflict of laws, controversy, a nation, natural
person, juridical person, contract, heritage
property, marriage, citizen, international element,
sources of law, judiciary, international customary
law, a treaty, general principles of law,
peremptory norms, Geneva Conventions, Statute
of the International Criminal Court, war of
aggression, slaving, slavery, maritime piracy,
torture, the United Nations, the International
Court of Justice, the International Criminal
Tribunal for former Yugoslavia, the International
Criminal Tribunal for Rwanda
Pomůcky
Powerpoint prezentace International Law
(příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about international law.
Content (slide 2)
International law (slide 3)
First of all we have to clear the meaning of the term international law. International law
consists of rules and principles which govern the relations and dealings of nations with each
other. It is divided into two branches on the basis of their purpose. Those branches are Public
international law and private international law.
International law which is in most countries referred to as public international law concerns
itself only with questions of rights between several nations or nations and the citizens or
subjects of other nations. Public international law should be translated into Czech as
„mezinárodní právo veřejné“
Public international law will be the main topic of this lesson.
In the contrast, there are the other branch called private international law which has a proper
synonym “conflict of laws” and is translated as „mezinárodní právo soukromé“
Private international law (slide 4)
Let’s continue with private international law. We will look at the definition taken from legal
textbook; we will read it and translate it. I remind you to write down new vocabulary into
your worksheets.
Text: “Private international law deals with controversies between private persons, natural or
juridical, arising out of situations having significant relationship to more than one nation.”
Překlad: „Mezinárodní právo soukromé se zabývá spornými záležitostmi mezi soukromými
osobami, fyzickými nebo právnickými, které vyvstávají ze situací, kdy mají významný vztah
k více než jednomu státu.“
Fine; good job.
For better understanding of what was discussed in this and the previous slide of the
presentation, we need to explain the word “nation.” The meaning of this word as it is used in
international law is a synonym to the word “state.”
We also need examples of cases that are settled through applying rules of private
international law. They provide us the best picture of matters that are ruled by so called
conflict of laws.
First example is a contract with international element. A contract is concluded between
citizens of different states, a goods and/or payment have to be delivered to a place in foreign
country etc.
Second example, very often in contemporary Europe a person can have property in more than
one state. In this case heritage is governed by the rules of private international law
Third example when private international law is used is marriage of citizens of different
states.
Public x private international law (slide 5)
Now it’s time for brief overview and short comparison of private and public international
law. It is very important to explain the differences before we continue.
As you now know, public international law is a branch of law that is mainly concerned with
two issues. The first is a legal basis of relations between states themselves. This portion of
law of nations regulates diplomacy, cooperation or war. The second issue is the relationship
of a state to the citizens of other states. It rises from the usual approach of the state to help
and protect its own citizens which are not only within its territory but also abroad.
On the other hand, private international law generally speaking deals with issues and
controversies that may arise out of legal relationship between private persons. Private persons
are natural persons and juridical persons. The most important thing in this kind of legal
relationship is the presence of the international element because only then rules of private
international law can be applied.
It is also important to mention that in recent years the line between public and private
international law have become more and more uncertain. Issues of private international law
may also implicate issues of public international law and many matters of private
international law have great importance for the international community of nations.
Public international law (slide 6)
Next, as it was said earlier this lesson, we will move to public international law which is the
main topic of this lesson.
We will now talk about purpose and sources of public international law. Then we will look at
international organizations such as the European Union and the United Nations. Finally we
will learn something about international judiciary, international courts and international
crimes.
Purpose of public international law (slide 7)
We will start the purpose of public international law. It deals the conduct of sovereign states.
The purpose of rules of various human activities starting with war and war crimes. We will
look further into international criminal law and justice later this lesson.
Another purpose is cooperation between states. It is reached in two ways. Those are treaties
and international organizations. Later this lesson we will have a more detailed look on the
most important organization such as the United Nations, the European Union and the NATO.
Public international law also deals with issues of diplomacy and human rights in the world.
Sources of public international law (slide 8)
We are going to move to sources of public international law.
International custom is the first source. It is arising from long use and practice among states.
Most of rules of international customary law have been established through the course of
history. International customary law covers areas like diplomacy or maritime piracy.
The second source is called treaties. Treaties are international agreements between two or
more states. Every international cooperation or international organization is built on a treaty.
To distinguish treaty from contract we need to know that contract is concluded by two private
persons.
The third source is known as general principles of law. All legal systems around the world are
based on common grounds and when there is no custom or no treaty regulation the matter
than dispute or case must solved by those principles which are common to most of state in the
world. Example of a general principle is “agreements are kept”
It is notable that in international public law there exist so called peremptory norms which
cannot be overruled or derogated. Peremptory norms should be translated as „kogentní
normy“
Treaties (slide 9)
Now I want you to know few examples of international treaties from various areas of public
international law.
Geneva conventions are international treaties concerning rules of war, prohibition of some
weapons, treatment of prisoners of war and civilians during the war etc.
Statute of International Criminal Court abbreviated ICC is the international treaty containing
a list of crimes according to international law and it has also established the first permanent
international criminal judiciary power.
A treaty can be aimed on military cooperation and establish international organization as well
such as North Atlantic Treaty Organization which is abbreviated as the NATO.
European Treaties are the last of examples. The EU has been established through a number of
treaties which as a whole resulted in creation of the EU and they are now viewed as primary
law of the EU. The last of European Treaties is Lisbon Treaty.
Peremptory norms (slide 10)
Let’s go on with peremptory norms. These norms of public international law cannot be
overridden or derogated. You can see a list of the most important portion of peremptory
norms.
Prohibition of war of aggression is a peremptory norm that is in use since the end of the
Second World War. A war of aggression is a term defining a military attack without any
justifiable reasons of self-defense and it is an international crime according to international
law.
Another peremptory norm is prohibition of genocide and it also originated in modern times.
Prohibition of slaving. Slaving covers both slavery and slave trade.
Maritime piracy is historical as well as contemporary problem of international community of
nations. International customs and treaties allow no mercy treatment of pirates because piracy
has been and is one of most serious crimes. The current most famous country known for
maritime piracy nowadays is Somalia.
Torture is also prohibited by peremptory norm.
Cooperation (slide 11)
Now it’s time for few words about times of peace when states realize their cooperation.
International cooperation can be done by various means but in legal sense it can be done
directly by international treaties. In a treaty states can establish a bilateral or multilateral
cooperation in specified areas or matters like building a dam on international river.
Higher level of cooperation between states is associating in international organizations.
Nevertheless, please notice and remember that only intergovernmental organizations have at
least some powers. Among the most important international intergovernmental organization
there belongs the United Nations, the European Union or the NATO.
Another form of cooperation among states is international judiciary. International courts are
established either by international treaty directly (e.g. International Criminal Court) or by
international organization. The UN established International Court of Justice and
International Criminal Tribunal for former Yugoslavia (abbreviated ICTY) and International
Criminal tribunal for Rwanda (abbreviated ICTR).
International Judiciary (slide 12)
Finally we are going to look at the last topic of this lesson which is international judiciary. ¨
International judicial system can be divided into two branches. The first branch is represented
by the International Court of Justice which has been established on grounds of the UN. Its
main purpose is to solve legal disputes between states and international organizations. Czech
translation is „mezinárodní soudní dvůr“
The second branch is international criminal judiciary. It has been developing since the end of
the Second World War because some crimes of war were too serious to leave offenders
walking freely. The beginning of international criminal system was trials in Nuremberg and
Tokyo. Courts were established ad hoc which means that only for cases connected with the
war.
Other ad hoc courts were established to judge crimes committed during war in former
Yugoslavia and in Rwanda. Both conflicts took place in early 90’s.
Do you know any details about those conflicts?
There were no permanent courts until the International Criminal Court has been established
since 2002. It should be translated as „Mezinárodní trestní soud“
Sources (slide 13)
Homework (slide 14)
The very last thing is your homework. Your task is to find the legal definition of the term
“genocide”. Email your homework to this email address.
Zdroje
Čestmír Čepelka, Pavel Šturma. Mezinárodní právo veřejné. 2. C.H.Beck, Praha. 2008
Právo
Ročník
4.
Časová dotace
45 min
Téma
Property Law
Žák získá základní znalosti o vlastnickém
právu v anglickém jazyce
souvislostech
A2 – B1
Znalost základů českého občanského práva
Property law, property, proprietary rights, Civil
law, law of obligations, law of status, an
obligation, creditor, debtor, to own, real property,
personal property, tangible, intangible, action,
indictment, real action, personal action, movable,
proprietary, claim, debt, intangible proprietary
rights, ownership, dominion, ownership in
common, community property, possession, to
exercise, possession, to exclude, a land
Pomůcky
Powerpoint prezentace Property Law (příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about property law.
Content (slide 2)
Property law (slide 3)
First of all we need to know basics about property law. We will read and translate the text
taken from legal textbook.
Text: “The law of property, dealing with proprietary rights and various objects of ownership,
is one of three branches into which civil law is divided (in the sense of continental law). The
other branches are the law of obligations (e.g. contracts) and the law of status concentrating
on personal or non-proprietary rights.”
Překlad: „Vlastnické právo, které se zabývá majetkovými právy a různými předměty
vlastnictví, je jednou ze tří větví, do kterých je občanské právo rozděleno (ve smyslu
kontinentálního práva). Další větve jsou závazkové právo (např. smlouvy) a statusové právo,
které se zaměřuje na osobní nebo nemajetková práva.“
It is obvious that this piece of information is little bit incomplete and needs a more detailed
explanation for complete understanding.
I remind you to write down new vocabulary into your worksheets.
Continental law (slide 4)
Now we will look at division of continental law because it is crucial for you to understand our
today’s topic.
Civil law is main part of private law. Can you tell me the basic division of law? (Answer:
Private and public law) Fine. Can you give me examples of matters that those two branches
of law cover? (Answer: Private law is generally civil law and public law deals with
administrative law and criminal law.) Great.
As it was said, civil law is divided into three branches. The first branch is the law of property
which we will now skip because it will be the main topic of this lesson.
The second branch is the law of obligations. An obligation in the legal sense of the word can
arise out of contract, infringement or other activity which is against the law and also the law
gives various reasons. To fully understand the term “obligation” it is fundamental to know
that every obligation has two sides – creditor and debtor.
The third branch of civil law is the law of status. The law of status deals with issues such as
marriage, family law, authorship etc. It is generally connected to non-proprietary rights which
should be translated as „nemajetková práva“
Nevertheless this is concept of civil law as an integral part of continental law. We must
distinguish between continental law and common law which has developed in English
speaking countries; mainly in the USA and the UK.
Property law under common law works a little bit different than under continental law and
also many other issues are regulated differently.
Property (slide 5)
Next we are about to read and translate the text that points out differences between
continental law and common law. The text was taken from legal textbook. Although, the first
is a question. To which legal culture or legal system does Czech law belong to? (Answer:
Czech law belongs to continental law.)
Text: “Czech law usually speaks about a thing, or things to be core concept; common law
prefers the term property (as an uncountable noun) instead.”
Překlad: „České právo obvykle hovoří o věci nebo věcech jako hlavním konceptu; angloamerické právo dává raději přednost termínu majetek (jako nepočitatelné podstatné jméno).“
Good job.
It is clear that different terminology and approach towards to ownership is established in
continental and common law. We will look at major differences during the course of this
lesson.
Division of property (slide 6)
Now it’s time for explanation what property is and how is it divided. The shortest and the
most accurate definition of property is that it is anything that can be owned. From this
definition it is obvious that there are things that cannot be owned like seas, air and many
other various things that are common to all human beings. For example the Moon is by an
international treaty declared as property belonging to all mankind; the same rule applies to
the space.
Property is divided into two groups. The first group is real property. It has a synonym
“realty” and should be translated into Czech as „nemovitosti“ or „věci nemovité“
The second group is personal property. It has a synonym “personalty” and should be
translated into Czech as „movitosti“ or „věci movité“
There is a task for you. Think about examples of both real and personal property.
Examples:
(Real property: houses, buildings, lands)
(Personal property: books, furniture, cars etc.)
In common law personal property is further divided into tangible thing with proper Czech
translation as „hmotné věci“ and intangible things which should be translated as „nehmotné
věci“ but proper Czech equivalent of intangible things is „jiné majetkové hodnoty“
If you wonder why this division of property has been established you should know that it was
historical according to the action necessary to recover it when needed.
Division of property II (slide 7)
Let’s continue with historical background of division of property into personal and real
property. As it was already said, reasons of this division are historical and the classification
arose out of an action that was necessary to use if the person wanted to recover his
dispossessed property.
Please, note that word “action” is used only in connection with civil law and civil procedure.
In criminal law, the equivalent of the action is called the indictment and should be translated
as „obžaloba (trestní)“ whereas the action has proper translation as „žaloba
(občanskoprávní)“
That was the short introduction to the action and we are going to read and translate the text
from presentation. It was again taken from legal textbook
Text: “A) If dispossessed of real property the plaintiff had a right to get back the very thing
he had lost. This was known as a right in rem (a right in a thing) and was enforced by a real
action.”
Překlad: „A) Pokud byl žalobce zbaven nemovitosti, měl právo dostat nazpátek úplně vše, o
co přišel. Toto bylo známo jako věcné právo (právo na věc) a bylo vynucováno věcnou
žalobou.“
Fine, good job. This is historical root of real property. Now let’s read and translate another
part of the text about personal property.
Text: “B) If dispossessed of anything else a person’s only right was to monetary
compensation from the person who had dispossessed him. This was known as a right in
personam (in a person) and was enforced by a personal action.”
Překlad: „B) Pokud byla osoba zbavena čehokoliv jiného, její jediné právo bylo na peněžní
odškodnění od té osoby, která jí majetku zbavila. Toto bylo známo jako osobní právo (právo
osoby) a bylo vynucováno osobní žalobou.“
Great. This is historical root of the term personal property.
Personal property (slide 8)
Next we will look closer at personal property. Please do not ever translate personal property
as „osobní vlastnictví.“ It is incorrect translation of this legal term.
And now we will look at three categories of personal property. All tangible and movable
things fall into the first category. It can be a book, a computer, a car etc.
Claims and debts are in the second category. A claim should be translated as „pohledávka.“ A
legal claim is personal property only when it can be transferred to another person. A debt is
simply translated as „dluh.“
Intangible proprietary rights are the third and the last category of personal property. Czech
legal equivalent is „jiné majetkové hodnoty.“ Examples of those are trademarks, copyrights,
patents.
Ownership (slide 9)
Let’s continue with relationship between person and property. The general relationship of this
kind is called ownership and is translated to Czech as „vlastnictví.“ It is defined as the
absolute dominion over a thing but there are some legal limits. Those legal limits are for
example planning permissions when it is necessary to build on land. Dominion over a things
means that as the owner you can sell, rent, use, or destroy a thing which is your own.
There can be a situation when more than one person owns the same thing. This is called
ownership in common and Czech translation is „podílové spoluvlastnictví.“ Another similar
situation occurs in the case of property of husband and wife which is called community
property and proper Czech equivalent is „společné jmění manželů“
Possession (slide 10)
Next topic is another relationship between person and property. It is called possession and it
is translated as „držba.“ Possession is characterized as holding a thing. It has two elements.
The first is exercising control over the thing by direct or indirect means and the second is the
intention to exclude others.
To properly point out the difference between possession and ownership we need an example.
The thing can be sold by owner bud the possessor who is not the owner may not sell it.
Sources (slide 13)
Homework (slide 14)
The very last thing is your homework. Your task is to think of four ways of acquisition of
property and two examples of possession. Email your answers to the address in the
presentation.
Zdroje
Právo
Ročník
4.
Časová dotace
45 min
Téma
Law of Contract
Žák získá základní znalosti o smluvním právu
v anglickém jazyce
souvislostech
A2 – B1
Znalost základů českého občanského práva
Law of contract, obligation, enforceable, be
bound to, performance, to perform, duty, obligee,
obligor, to contract, to engage to, mutual assent,
legally binding, treaty, promise, breach, remedy,
offer and acceptance, offeror, offeree, definite,
unequivocal, subject matter of a contract,
consideration, validity, capacity, genuine
consent, terms, warranty, parties to a contract,
suspensory and resolutory conditions, parties to
a contract, unilateral, bilateral, multilateral,
contract of donation, donor, donee, contract of
sale, buyer, seller, lease contract, landlord,
tenant, contract for work, client, contractor
Pomůcky
Powerpoint prezentace Law of Contract (příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about law of contract.
Content (slide 2)
Obligation (slide 3)
First of all we need to explain the legal term obligation. It should be translated into Czech as
„závazek“. In the presentation there is a short text containing the definition of an obligation.
We will read it and translate it. I recommend and remind you to write down new vocabulary
into your worksheets.
Text: “An agreement, enforceable by law, whereby a person or persons become bound to the
payment of a sum of money or other performance and other person or persons are bound to
accept it.”
Překlad: „Právně vymahatelná dohoda, kdy jedna osoba nebo osoby se stane zavázaných
k zaplacení částky v penězích nebo k jinému plnění a druhá osoba nebo osoby jsou zavázány
je přijmout.“
Well done.
Legal English is different in this context from legal Czech. We need to distinguish between
obligation and duty. Obligation is usually negotiated by parties while duty is imposed by the
law.
Parties to an obligation (slide 4)
Let’s continue with parties to an obligation. It was said that an obligation is in most cases
negotiated by parties. Every obligation has at least two parties. Please note that there can be
more than one person on each side of an obligation.
An obligee is the person in favor of whom some obligation is contracted. The Czech
translation is „oprávněný ze závazku“ or simply „věřitel.“
An obligor is the person who has engaged to perform some obligation. An obligor is
translated to Czech as „povinný ze závazku“ or just „dlužník“
Note that the term “to perform the obligation” is translated as „splnit závazek“
Contract I (slide 5)
Now we will continue with the main topic of this lesson which is a contract. We will start
with the definition which was taken from legal textbook. Your task is to read and translate the
text.
Text: “The substance of the definition of a contract is that by mutual agreement or assent the
parties create enforceable duties or obligations that are legally binding. That is, each party is
obligated to do or to refrain from doing certain acts.”
Překlad: „Podstata definice smlouvy je ta, že skrze vzájemnou dohodu nebo souhlas smluvní
strany vytváří vymahatelné povinnosti nebo závazky, které jsou právně závazné. Tj. že každá
ze stran je povinna konat anebo zdržet se jistých úkonů.“
The important fact to know is that the term contract is used for private law agreements
between private persons whereas the term treaty is used in international public law for
agreement between states or between states and international organizations. Treaty is
translated as „mezinárodní smlouva“
As you can see this definition of contract isn’t fully complete.
Contract II (slide 6)
Let’s finish the definition of contract. Again we will read and translate the text taken from the
legal text and with this and previous definition we will be able to fully understand the term
contract. Okay, let’s read and translate.
Text: “A contract is a binding agreement. By one definition a contract is a promise or set of
promises for the breach of which the law gives remedy, or the performance of which the law
in some way recognizes as a duty. Contracts arise out of agreements; hence contract may be
defined as an agreement creating an obligation.”
Překlad: „Smlouva je závazná dohoda. Dle jedné definice je smlouva příslib nebo soubor
příslibů, za jejichž porušení zákon ukládá náhradu, nebo plnění, které zákon nějakým
způsobem uznává jako povinnost. Smlouvy vznikají z dohod; proto smlouva může být
definována jako dohoda vytvářející závazek.“
Good job. Now there are several questions for you to answer.
When was the last time you made a contract with someone?
How often do you make contracts?
Is every contract that you make a written contract?
What did you do the last time you made a contract with someone and that person didn’t do
what he or she agreed to do?
Offer and acceptance (slide 7)
Next thing which is fundamental when talking about law of contract is the formation of a
contract. As it was said, contracts arise out of agreements. I’m going to explain you how the
process of formation of a contract is done.
Essential concepts are offer and acceptance. Offer and acceptance is translated into Czech as
„oferta a akceptace“ or in pure Czech non-Latin version „návrh a přijetí návrhu.“ Offer and
acceptance is also an expression of mutual assent of the parties to a contract as it was
explained earlier this lesson.
Parties to a contract are called offeror and offeree in this initial first stage of a contract.
Offeror is simply translated with its Czech equivalent „navrhovatel“
Offeree has no simple one-word equivalent in Czech language and is usually expressed as
„adresát návrhu“ or „osoba, k níž návrh směřuje“
An offer reflects the intention of the offeror to form a legally binding agreement with the
offeree through his expression of acceptance. The offer is required to be definite and it must
be communicated to the offeree to be valid.
The word definite is translated as „určitý“
An acceptance is the expression of will of the offeror to accept the offer. The acceptance has
to be unconditional, unequivocal, and communicated to the offeror.
To communicate is translated as „sdělit“
Unequivocal is translated as „jednoznačný“
Elements of a contract (slide 8)
Now we know how a contract is formed. We will continue with essential elements of a
contract. We already know about offer and acceptance so we will look at other elements that
are crucial for any contract.
Fundamental element is a subject matter of a contract. It is translated as „předmět smlouvy.“
It defines the purpose and the element of value that is the core of a contract.
Subject matter of a contract is closely connected to another essential elements that are
performance and consideration which should be translated as „plnění a protiplnění“
In general English this concept can be expressed as that something is given or done for
something else.
Now it is important to say a few words about validity of a contract. Validity should be
translated as „platnost.“ There are various factors of validity as you can see in the
presentation.
Capacity is the first factor. Capacity is translated as „způsobilost“ and for example children
have limited capacity to make contracts.
The second factor of validity is form of a contract. Most contracts can be made verbally but
others must be in written form.
The third factor is called content and it is connected with specific terms of the contract. We
will go through this topic with more detailed explanation later because terms are like spice of
a contract.
Another factor is genuine consent which is translated as „skutečný souhlas.“ Validity of a
contract can be influenced by misrepresentation, mistake, duress or undue influence.
The last factor is legality of subject matter of a contract. A contract is invalid if it is illegal or
contrary to public order or even morals.
Content of a contract (slide 9)
Let’s continue with the content of a contract which means that we will about particular terms,
warranties and conditions. These are tools that parties to a contract use to establish specific
details for their particular agreement.
All three words that you can read in the presentation can be translated simply as „podmínka.“
Although, we are talking about law and we are using legal English so we need to be more
precise.
Terms precisely translated into Czech are „všeobecné podmínky.“ They are more or less
common to each type of contract. We will talk about types of contracts later.
Warranty should be translated as „záruční podmínka“ and its breach enables the innocent
party to claim damages but the breach of warranty is not a reason for a termination of a
contract.
Conditions are particular promises of parties to a contract. A breach of a condition can lead to
a termination of a contract. There are two types of conditions. The first is a suspensory
condition which is translated as „odkládací podmínka.“ It suspends the effect of the
obligation until it is fulfilled. The second type is resolutory condition which is translated as
„rozvazovací podmínka.“ It establishes that when it is fulfilled a contract is over.
Types of contracts (slide 10)
Now we will go through types of contracts classified according to number of promises made
by parties.
A unilateral contract is a contract containing only one promise in exchange for an act. For
example, a person offers a 5000 crowns reward for return of his lost dog.
A bilateral contract is a contract containing two promises one by each party to the contract.
Most contracts are bilateral.
Multilateral contracts are especially those between founders of corporations.
Examples of basic contracts (slide 11)
Let’s finish with translation.
• Contract of donation – darovací smlouva
o Donor and donee – dárce a obdarovaný
• Contract of sale – kupní smlouva
o Buyer and seller – kupující a prodávající
• Lease contract – nájemní smlouva
o Landlord and tenant – pronajímatel a nájemce
• Contract for work – smlouva o dílo
o Client and contractor – objednatel a zhotovitel
Great.
Sources (slide 12)
Homework (slide 13)
The very last thing is your homework. Your task is to create a simple contract of your own.
You can inspire yourself by examples given in the presentation earlier. Email your answers to
the address in the presentation.
Zdroje
Právo
Ročník
4.
Časová dotace
45 min
Téma
Labor Law
Žák získá základní znalosti o pracovním právu
v anglickém jazyce
souvislostech
A2 – B1
Labor law, employment, worker, employment
relationship, Labor Code, to undertake, to
perform services, direction, control, collective
bargaining, trade union, collective bargaining
contract, wage, working hours, to render
personal service, to take care and exercise
reasonable skill, to obey instructions, to give loyal
and faithful service, moonlighting, statutory
rights, indefinite and fixed term employment,
wrongful and justifiable discharge, statutory
period of notice, nonperformance of duties,
misrepresentation, fraud, disobedience,
disloyalty, theft, dishonesty, wrongful misconduct,
incompetency, advertisements, recruitment,
terms, promotion, dismissal
Pomůcky
Powerpoint prezentace Labor Law (příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about labor law.
Content (slide 2)
Labor law (slide 3)
First of all, we will talk about labor law in general. Labor law is a branch of law that regulates
employment of workers. Employment is translated in this context as „zaměstnávání“ and
word worker should be translated as „pracovník.“ Labor law sets rules for various areas
connected with performance of work such as payment of workers, conditions of vacation,
safety of working environment.
The relationship between an employer and employee is called employment relationship which
is translated into Czech as „pracovní poměr.“ The employee undertakes to perform services
or to do work under the direction and control of the employer. The employee has right for
reasonable payment for his work. There exists a more complex set of rules containing general
duties of employers and special statutory rights of employees. In the Czech Republic, the law
that regulates employment relationship is called Labor Code.
Employment relationship (slide 4)
Next we will talk about the employment relationship. It is created by a contract between an
employer and employee. It is important to remember that is a contract and all rules that are
applicable to contracts are applied also in this case. We will read and translate short text that
was taken from a legal textbook. I also remind you to write down new vocabulary into your
worksheet.
Text: “The relationship of employer and employee can be created only with the consent of
both parties. Generally the agreement of the parties is a contract and it is therefore subject to
all of the principles applicable to contracts. One person, the employee, undertakes to perform
services or to do work under the direction and control of another, the employer.”
Překlad: „Vztah zaměstnavatele a zaměstnance může být vytvořen jen za souhlasu obou stran.
Obecně je dohoda těchto smluvních stran smlouvou, a proto podléhá všem zásadám, které
jsou uplatnitelné pro smlouvy. Jedna osoba, zaměstnanec, se zavazuje vykonávat služby nebo
dělat práci podle pokynů a pod vedením jiné osoby, zaměstnavatele.“
Great. Now there is a question for you to answer. What are general principles applicable to
contracts? (Answer: capacity of both parties to a contract, form, content, legality, genuine
consent.)
Collective bargaining (slide 5)
Let’s continue with collective bargaining. It is translated as „kolektivní vyjednávání.“ If this
term is unfamiliar to you then you should know that collective bargaining is usually carried
out by trade unions on behalf of the employees. Trade unions should be translated into Czech
as „odborové svazy“ or simply „odbory.“ Trade unions represent the employees and bargain
in their favor with the employer or a group of employers usually representing whole sector of
industry. For example automotive industry has big trade unions and also big group of
employers.
The result of collective bargaining is a collective bargaining contract which should be
translated as „kolektivní smlouva.“ It is a contract with immediate effect on large number of
employees. It usually extends their rights and creates new obligations on the side of the
employer or the group of employers. Collective bargaining contracts are specifically
regulating working conditions for designated workers with a very concrete identification of
their work.
For example manual workers in automotive industry have special rights granted by collective
contracts. And for your information, to successful creation of a trade union in the Czech
Republic only three employees are needed.
Collective bargaining contract (slide 6)
Now we will read and translate a short text taken from legal textbook about collective
bargaining contracts.
Text: “Collective bargaining contracts govern rights and obligations of employers and
employees in many private and public sector employment relations. Under collective
bargaining, representatives of the employees bargain with a single employer or a group of
employers for an agreement on wages, hours, and working conditions for the employees. The
agreement worked by the representatives of the employees is generally subject to a
ratification vote by the employees.”
Překlad: „Kolektivní smlouvy určují práva a závazky zaměstnavatelů a zaměstnanců v mnoha
zaměstnaneckých vztazích v soukromém a veřejném sektoru. Při kolektivním vyjednávání
zástupci zaměstnanců vyjednávají s jedním zaměstnavatelem nebo skupinou zaměstnavatelů
za účelem dohody o mzdách, pracovní době a pracovních podmínkách zaměstnanců. Dohoda
vyjednaná zástupci zaměstnanců obvykle podléhá hlasování zaměstnanců o ratifikaci
(podpisu).“
Fine, well done. Now there is a task for you. Write down in points main purposes of
collective bargaining. Example:
• Specific classes of workers
• Wages and benefits
• Working hours
• Working conditions
Duties of employees (slide 7)
Let’s move to duties of employees. We will mention only general duties because particular
duties are set in the concrete employment contract of each employee.
The main duty of an employee is to render personal service. It means that the worker must be
prepared to work within the terms of his contract. The work must be carried out personally
and cannot be delegated to a substitute.
To render personal service is translated as „provádět práci osobně“
Another duty is to take care and exercise reasonable skill. The worker must take reasonable
care in exercising his duties. He must take reasonable care of his employer’s property, and be
careful that his conduct does not harm fellow workers or outsiders. Negligence may entitle
the employer to fire the employee.
To take care and exercise reasonable skill is translated as „vynaložit péči a přiměřené úsilí a
dovednost“
Next duty is to obey instructions. All reasonable and legitimate orders which are within terms
of the employment must be followed by the worker.
To obey instructions is translated as „dodržovat pokyny“
The last duty we will mention is to give loyal and faithful service. The worker must carry out
his duties at work in an honest and responsible manner. It is closely connected to the term
moonlighting which means working in own free time for himself or another employer. It may
constitute a breach of employment contract and an employee can be fired for doing so.
To give loyal and faithful service is translated as „pracovat svědomitě a ve prospěch
zaměstnavatele“
The term moonlighting should be translated as „melouchařit, dělat melouchy“
Rights of employees (slide 8)
Now we will look at rights of employees. Employees of course have rights as well as duties.
A right on the side of an employee is generally a duty on the side of an employee.
The most important right of an employee is to get a reasonable payment for his work. It
means that all workers doing the same work should receive the same amount of money.
Closely connected with payment and other working conditions is a rule of no discrimination.
It means that men and women must be treated equally. Also any disadvantages on the basis of
race, religion, nationality are prohibited by the law.
Another very important right of an employee is to have safe working environment. The Czech
legal term is „bezpečnost a ochrana zdraví při práci“
There more rights which you can find in the Labor Code. They are called statutory rights and
the proper translation is „zákonná práva“
Duration of an employment (slide 9)
Next we will go through the duration of an employment. It should be translated as „trvání
pracovního poměru.“
In many cases, the employment contract will not state any time or duration. In those cases, it
may be terminated at any time by either party to the employment contract. It is called
indefinite term employment and it is translated into Czech as „pracovní poměr na dobu
neurčitou“
On the contrary, the employment contract may expressly state that it shall last for specified
period of time or until the work is done. In those cases, it is called a fixed-term contract and it
should be translated as „pracovní poměr na dobu určitou“
The duration of an employment is closely connected with the topic of discharge of an
employment contract. Discharge is translated as „ukončení pracovního poměru“ or
„výpověď.“ Fixed-term contract can be discharged only because justifiable reasons by both
parties before the expiration. Indefinite term contract can be discharged because of justifiable
reasons at any time. The employee can defend himself against wrongful discharge by an
action against his employer.
Even if contract is justifiably discharged there must be given a minimal statutory period of
notice. The legal term statutory period of notice has its Czech counterpart „minimální
zákonná výpovědní doba.“ It is set in Labor Code because of the protection of employee.
Justifiable discharge (slide 10)
Now we will look closer at justifiable discharge. The justifiable reasons are named in the
short text taken from legal textbook which we will read and translate.
Text: “An employer may be justified in discharging an employee because of the employee’s
(1) nonperformance of duties, (2) misrepresentation or fraud in obtaining the employment, (3)
disobedience to proper directions, (4) disloyalty, (5) theft or other dishonesty, (6) wrongful
misconduct, or (7) incompetency.”
Překlad: „Zaměstnavatel může být oprávněn k propuštění zaměstnance, kvůli (1) neplnění
povinností, (2) uvedení v omyl nebo podvod při získávání zaměstnání, (3) neuposlechnutí
řádných příkazů, (4) činnost v neprospěch zaměstnavatele, (5) krádež nebo jiné nečestné
jednání, (6) protiprávní jednání, (7) nezpůsobilost.“
Good job.
Discrimination (slide 11)
Let’s continue with discrimination. In the employment relationship, it is is prohibited by the
law. It makes illegal discrimination on the basis of race, religion, gender, political opinion or
any other reason. We must distinguish between specific jobs as an actress and jobs that
anybody can perform. It is obvious that a male cannot be an actress. In the case the employer
searches for highly educated workers it is not a discriminating criteria.
Prohibition of discrimination covers advertisements, recruitment, terms, promotion and
dismissal. If you are not familiar with those words, here is the translation: inzerce, nábor,
podmínky, povýšení, propouštění.
Sources (slide 12)
Homework (slide 13)
The very last thing is your homework. Your task is to find the law which deals with
discrimination in the Czech Republic. Including its English name. Email your answers to the
address in the presentation.
Zdroje
Bělina M. a kol. Pracovní právo. 4. vydání. Praha: C.H.Beck . 2010
Právo
Ročník
4.
Časová dotace
45 min
Téma
Criminal Law
Žák získá základní znalosti o trestním právu
v anglickém jazyce
souvislostech
A2 – B1
Acts, omissions, public order, to render guilty
person liable to punishment, general and special
part, criminal punishment, criminal liability,
defences to a crime, criminal offence, a crime,
habitation, violation, breach, satisfaction, physical
elements, fault elements, concurrently, to
accuse, to convict, to plead guilty, prosecutor,
defendant, standard of proof, burden of proof,
beyond all reasonable doubt, by preponderance
of evidence, self-defence, necessity,
imprisonment, suspended imprisonment, death
penalty, community service, alternative
nonicarcerative punishment, premeditation,
deliberation, towering rage, murder, assault,
battery, larceny, burglary
Pomůcky
Powerpoint prezentace Criminal Law (příloha)
student
slovní zásoby]
Who is absent?
Today we are going to talk about criminal law.
Content (slide 2)
Criminal law (slide 3)
First of all, we will start with the definition of criminal law which was taken from legal
textbook. We will read and translate the definition.
Text: “Criminal law is concerned with acts or omissions which are contrary to public order
and society as a whole and which render the guilty person liable to punishment in the form of
fine or imprisonment.”
Překlad: „Trestní právo se zabývá činy a opomenutími, která jsou proti veřejnému pořádku a
společnosti jako celku a která se zabývá vydáním viníka spravedlnosti ve formě pokuty nebo
odnětí svobody.“
Good job. Criminal law all over the world is divided into general and special part which we
will discuss further.
General part of criminal law (slide 4)
Now we will go through brief introduction of general part of criminal law. General part
should be translated as „obecná část.“ General part deals with that what is common to all
crimes. Every crime must fall into the definition which is set in the general part of criminal
law. We will go through the definition of a crime later this lesson.
General part mainly consists of purposes, principles and rules of criminal law. It also
regulates criminal punishment, criminal liability and defences to a crime.
Criminal punishment should be translated into Czech as „trestní sankce“
Criminal liability is translated as „trestní odpovědnost“
Defences to a crime are translated as „okolnosti vylučující protiprávnost“
Special part of criminal law (slide 5)
Let’s continue with special part of criminal law. Special part is translated as „zvláštní část.“
In the special part, there you can find definitions of particular crimes. Each crime has its own
specific act. For example killing in murder, taking away persons property in theft, or breaking
and entering another’s dwelling in burglary. Usually special part is divided into chapters
according the value. The value is for example life, health, property and so on.
A crime (slide 6)
Next, we will look at a crime and its definition. Word crime has a synonym criminal offence.
We are going to read and translate a short text containing the definition of a crime. This
definition was taken from the legal textbook.
Text: “A crime may be defined to be any act or omission done in violation of those duties
which an individual owes to community, and for breach of which the law has provided that
the offender shall make satisfaction to the public.”
Překlad: „Trestný čin lze definovat tak, že to může být jakýkoliv čin nebo opomenutí
spáchané při porušení povinností, které má jednotlivec ke společenství a za jejichž porušení
zákon stanovuje, že pachatel by měl poskytnout veřejnosti zadostiučinění.“
Good job.
Elements of a crime (slide 7)
Let’s move to elements of a crime. There are two elements.
The first is actus reus (this is Latin phrase) or in English guilty act. It is the action which is
forbidden by the law or in some cases the failure to do an action which is required to be done
by the law. Latin phrase actus reus has a synonym in modern legal English named physical
elements.
Actus reus is translated as „trestné jednání“ and physical elements are translated as
„objektivní stránka trestného činu“
The second element is called mens rea in Latin or guilty mind in English. Person must have
intended to do or done a crime knowingly or recklessly. Mens rea has a synonym in modern
legal English named fault elements
Mens rea should be translated as „zlý úmysl“ and fault elements should be translated as
„subjektivní stránka trestného činu“ or „zavinění“
To constitute a crime mens rea and actus reus must occur concurrently. Word concurrently is
translated as „současně“
Presumption of innocence (slide 8)
Now we will read and translate the short text taken from the legal textbook. The text is about
probably the most famous legal principle of criminal law which is the presumption of
innocence. The correct translation into Czech is „presumpce neviny“
Text: “All people accused of a crime are legally presumed to be innocent until they are
convicted, either in a trial or as a result of pleading guilty. This presumption means not only
that the prosecutor must convince the jury of the defendant’s guilt, but also that defendant
need not say or do anything in his own defense. If the prosecutor can’t convince the jury that
the defendant is guilty, the defendant goes free.”
Překlad: „Všichni lidé obvinění z trestného činu jsou považováni za nevinné, dokud nejsou
uznáni vinnými, ať už v řízení před soudem nebo jako výsledek přiznání viny. Tento
předpoklad znamená nejen, že státní zástupce musí přesvědčit porotu o vině obžalovaného,
ale také že obžalovaný nemusí říct ani nic udělat pro svou obranu. Pokud státní zástupce
nemůže přesvědčit porotu, že obžalovaný je vinný, je obžalovaný osvobozen.“
Well done. I remind you to write down new vocabulary into your worksheets and I also have
several questions for you.
1) In Czech criminal law, the jury doesn’t exist. Do you know which countries have
juries in their criminal system? (the USA and the UK)
2) What are sides of the trial? (the prosecutor and the defendant)
3) Have you ever heard about the standard of proof (míra dokazování)?
Standard of proof (slide 9)
Let’s continue with the standard of proof. The standard of proof is translated as „míra
dokazovaní“ and it gives rules of proving for both criminal and civil law. Of course, there is a
difference between those two branches. Sometimes, an alternative term is used, it is called the
burden of proof which is translated as „důkazní břemeno“
In criminal law, the prosecutor must prove defendant’s guilt beyond all reasonable doubt. The
phrase “beyond all reasonable doubt” is translated as „nade vší důvodnou pochybnost.“ This
makes it difficult for the prosecution to put people behind bars. As a practical matter, the high
burden of proof in criminal cases means that judges and juries are supposed to resolve all
doubts about the meaning of the evidence in favor of the defendant. With such high standard
imposed on the prosecutor, a defendant’s most common defense is often to argue that there is
reasonable doubt.
On the contrary in civil law cases, there is lower standard of proof. Judges in civil law cases
decide by the preponderance of evidence. The phrase “by the preponderance of evidence” has
its Czech equivalent „na základě převažujících důkazů.“
A question for you to answer is why is the burden of proof much higher in criminal cases
than in civil cases? (Answer: Criminal punishment is extremely serious for the accused
person.)
Defences to a crime (slide 10)
Next we will go through defences to a crime. Sometimes there are circumstances that fully
justify the commission of an illegal act and exclude the punishment. Those circumstances are
called defences. These are self-defence, necessity and duress.
In self-defence a man is justified in defending his person, his family, property and lives of
other people who are attacked. For this purpose he can use as much force as can be necessary.
An attack can be so escalated that a man kills the attacker but it must be remembered that the
means must always be proportioned.
Self-defence has its Czech equivalent „nutná obrana“
Necessity can justify those illegal acts which are done for preservation of own life or in
situations that arise from inevitable events or inevitable accidents. There always must be
proportionality and no other option left to classify the situation as necessity.
Necessity is translated as „krajní nouze“
Czech law doesn’t recognize duress as defence to a crime but in common law countries such
as the USA or the UK it is long-known legal institute. Person is not guilty of a crime if he
participated only because he believed and had good reason to believe that he would seriously
harmed if he did not participate and had no other way of escaping serious harm.
Duress should be translated as „tíseň“
Criminal punishment (slide 11)
Let’s move to the topic of criminal punishment. We will only briefly explain types of
punishment because it is an extremely complicated aspect of criminal law.
We will begin with death penalty. It is translated as „trest smrti“ and most countries all over
the world has abolished it. It is for example banned by Czech Constitution. Among countries
that still use death penalty are some states of the US for example Florida and Texas and the
problematic use have been observed in China. It is the most severe punishment of all and
usually is used in cases of serious murderers.
Imprisonment is usual criminal punishment. It is translated as „nepodmíněné odnětí svobody“
It is used for serious crimes or in cases of recidivists.
Suspended imprisonment is translated as „podmíněné odnětí svobody“ and it is used for less
serious crimes.
In cases of less serious criminal offences judges can use alternative nonincarcerative
punishment. It has Czech equivalent called „alternativní tresty“ The most frequent is
monetary fine and community service which is translated as „obecně prospěšné práce“
Examples of crimes (slide 12)
Now we will look at examples of crimes. It is impossible to look at all of them because of
their great number.
• Murder – we will talk about it later, vražda
• Assault – pohrůžka újmou na zdraví
• Battery – újma na zdraví
• Larceny - krádež
• Burglary – loupež
Murder (slide 13)
The last topic of this lesson will be the crime of murder. In the USA, there exists the first and
second degree murder. We will read and translate the short text about the first degree murder.
Text: “The first degree murders are premeditated, purposeful, and deliberate killings.
Premeditation means planned in advance. Another word often found in murder cases is
deliberate killing. In general, deliberation means cool, reflecting mind, while premeditation
simply means to decide to kill sometime prior to actually doing it. A person who kills in
towering rage is not a deliberate killer”
Překlad: „Vraždy prvního stupně jsou úkladná, cílená a chladnokrevná zabití. Úkladnost
znamená naplánování dopředu. Další slovo, které často padá v případech vražd je
chladnokrevné zabití. Obecně chladnokrevnost znamená chladnou, jasnou mysl, kdežto
úkladnost jednoduše znamená rozhodnutí se k zabití nějaký čas předtím, než se tak opravdu
stalo. Osoba, která zabije v zápalu hněvu, není chladnokrevný zabiják.“
Well done.
Sources (slide 14)
Homework (slide 15)
The very last thing is your homework. Your task is to find definition and distinction between
an assault and a battery and between a larceny and a robbery. Email your answers to the
address in the presentation.
Zdroje
Jelínek a kol. Trestní právo hmotné. Obecná část. Zvláštní část.. 2. vydání. Leges, Praha.
2010.

CLIL Právo

Transkript

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