UNIT 1 Law and Legal Education Law= law is a body of rules and procedures employed by organized society to regulate behaviour of people in that society. Difference between american and continental system - continental system is based on the written code and roman law. American system is based on judicial decisions and common law.
UNIT 2 Common Law (obyčejové) and Equity (ekvitní) Common law = judges must be independent and impartial / fair (nestranní). Judges are law makers and they interpret / explicate law. Common law is based on precedents. Precedent = the first decision which must be followed at the other cases / events (případech) Judgement (rozsudek) has two parts : 1. Ratio decidendi - part which is more important. It’s the reasoning (odůvodnění)in the judgement. Precedental part. 2. Obiter dicta