FVP:UVSRPCK008 Introduction to the Theory and - Course Information

UVSRPCK008 Introduction to the Theory and Practice of Law

Extent and Intensity

0/0. 3 credit(s). Type of Completion: zk (examination).

Teacher(s)

prof. JUDr. Igor Palúš, CSc. (lecturer)

Guaranteed by

prof. JUDr. Igor Palúš, CSc.
Institute of Public Administration and Social Policy – Faculty of Public Policies in Opava

Course Enrolment Limitations

The course is also offered to the students of the fields other than those the course is directly associated with.

fields of study / plans the course is directly associated with

• Public Administration and Social Politics (programme FVP, B6731-SPSP)

Course objectives

The objective of the course is to explain to the students points of departure, institutes and contexts of the theory of law in connection to its application in various sectors of public law and private law, with a particular focus on the right to social security. Students can gradually become familiar with the nature of the legal, democratic and social state, the content dimensions in law in both objective a subjective sense, obtain an overview of the legal system, regulations and relationships and gain insight into the nature of legal responsibility, as well as into legal procedures - administrative, civil and criminal. At the same time, they will acquire knowledge of fundamental rights of citizens (individuals), particularly concerning the economic, social and cultural rights, which are most associated with social functions of the state. In this context, they will become familiar with the legislation on the status of foreigners, refugees and asylum seekers. The framework of the instruction will be set by the constitutional and legal regulations of the Czech Republic and their harmonization with EU law. The instruction will combine the required element of expertise with its matter-of-fact and intelligible form, corresponding to the possibilities of students of non-legal faculties and/or study programs. Study Outcomes: Professional Knowledge: Students will acquire adequate level of knowledge of the points of departure and parts of the theory of law and of the possibilities of their application in various sectors of the legislation, especially in the context of the content focus of social security rights. They can analyse the substance of the basic institutes forming the content of the legal state in terms of its theoretical definition, but especially in view of its actual functioning. Professional Knowledge: Students will be able to use the acquired knowledge connecting legal theory and practice on their occupational level, particularly in respect of the knowledge in the field of legal proceedings, especially the administrative procedure. Similarly, they will be capable of making every-day practical use of the knowledge concerning the catalogue of social and cultural rights that their clients are guaranteed by the constitutional order of the Czech Republic. General Qualification: Students will be able to assist in applying public and private law in the performance of their duties concerning individual people (clients).

Syllabus

• 1. Conceptual definition and characteristics of state (state power, territory, population). Democratic, legal and social state.
  2. Objective and subjective law, subjects of law. Legal awareness and its two sides (knowledge of the law, opinions on the law - what is fair and what is unfair).
  3. System of law. Public law and private law. Substantive law and procedural law. Legal sectors, in particular the social security law. EU law.
  4. Legal standards, conceptual definition, kinds of legal norms, the scope of legal standards.
  5. Source of law in general. Source of law in the Czech Republic with a focus on laws related to the topical axis of the course.
  6. Legal relationships assumptions of legal relations - legal facts, subjects of legal relations, the object of legal relationship
  7. Liability law, conceptual definition, functions, legal assumptions of liability, types of legal responsibility
  8. Criminal liability, conceptual definition, facts of crimes, types of penalties
  9. Civil court proceedings (civil procedure) - types, principles, stages
  10. Criminal procedure (criminal court proceedings) - definition, principles, subjects, stages
  11. Administrative procedure - characteristics, principles, subjects, stages
  12. The Charter of Fundamental Rights and Freedoms as part of the constitutional order of the Czech Republic. Social and cultural rights of citizens (individuals). Legal status of foreigners, refugees and asylum seekers.
  

Literature

required literature
• SPIRIT, M. Úvod do stúdia práva. Praha. Grada Publishing, 2010. ISBN 978-80-247-3290-9. info
• HALFAR, B. a kol. Právo. Ostrava: VŠB- TU, 2006. ISBN 80-248-0236-8. info
• JANKŮ, M., a kol. Základy práva pro posluchače neprávnických fakult. Praha: C. H. Beck, 2004. info

recommended literature
• Listina základních práv a svobod (Usnesení předsednictva ČNR ze dne 16. 12. 1992 o vyhlášení LPS jako součásti ústavního pořádku ČR pod č. 2/1993 Sb.). info
• FUNTA, R. Európske právo - otázky a odpovede = European law - questions and answers. Brno: Tribun EU, 2013. ISBN 978-80-263-0371-8. info
• SVOBODA, P. Úvod do evropského práva. Praha: C.H. Beck, 2013. ISBN 978-80-7400-488-9. info
• BOGUSZAK, J., ČAPEK, J., GERLOCH, A. Teorie práva. Praha: EUROLEX Bohemia, 2001. ISBN 9788073570309. info
• GERLOCH, A. Hřebejk, J, Zoubek, V. Ústavní systém České republiky. Praha: Prospektrum, 1996. info
• DĚDIČ, J - ŠVARC, Z a kol. Učebnice práva pro ekonomy. Praha: PROSPEKTRUM, 1994. ISBN 80-85431-95-5. info

Language of instruction

Czech

Further comments (probably available only in Czech)

The course can also be completed outside the examination period.
Information on the extent and intensity of the course: Přednáška 9 HOD/SEM.

Teacher's information

Students will comprehend the basic topical framework of the course. For the completion of the course on the example of a client's life situation, they will be able to argue using the applicable legal standards. Students will be able to continuously consult the topics studied individually or in teams, via e-mail, or in consultations upon request.

• Enrolment Statistics (Summer 2015, recent)
  
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