Читать книгу Глоссарий юридической терминологии (Glossary of legal Terminology) онлайн

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In English law, the following main branches are distinguished: Constitutional Law, Administrative Law, Family Law, Tort Law, Contract Law (in Business), Property Law, Trusts, Labor Law, Evidentiary Law, Criminal Law.

English law distinguishes the following types of law: common law and the law of equity, and also public and private law. The distinction between civil and criminal liability is central to English law – the procedure for judicial protection and terminology depends on it. The critical difference between public and personal law is who triggers the mechanisms of official coercion: the state or an individual. In the field of business, private law is most applicable, especially corporate law.

Criminal law is part of public law. A private person does not pursue the criminal, but by the state, because society as a whole suffers from the crime – the scale of the harmfulness of the consequences is used to explain why the same act can entail both criminal and civil liability (for example, drunk driving with a downed pedestrian entails both criminal prosecutions for threatening the whole society with drunk driving and civil liability for harming the health of an individual). To find the defendant guilty, the public prosecutor must prove that the actions or omissions had socially dangerous consequences or that the defendant failed to fulfill the obligation to take all necessary measures to avoid criminally punishable consequences.