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Questions and Answers
What is the origin of the Civil Legal System?
What is the origin of the Civil Legal System?
- English common law tradition
- Colonial rule in the 16th century
- Roman Empire in the 5th century A.D. (correct)
- Ancient Greek philosophers
Which notable figure is associated with the compilation of legal rules known as the 'Code'?
Which notable figure is associated with the compilation of legal rules known as the 'Code'?
- Philosopher Cicero
- Emperor Justinian (correct)
- King Henry VIII
- Emperor Augustus
What characterizes the judiciary in the Civil Legal System?
What characterizes the judiciary in the Civil Legal System?
- Judiciary is composed of elected officials only.
- Judges have no power to create laws.
- Judiciary is based strictly on precedents.
- Judges are empowered to make laws. (correct)
Which approach to court proceedings is primarily associated with the Civil Legal System?
Which approach to court proceedings is primarily associated with the Civil Legal System?
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Where can the Civil Legal System be found today?
Where can the Civil Legal System be found today?
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Study Notes
Overview of the Civil Legal System
- The Civil Legal System is prevalent across mainland Western Europe, distinct from England.
- Its origins trace back to the Roman Empire, particularly during the 5th century A.D.
Historical Background
- Roman Emperor Justinian (A.D. 483-565) played a significant role in codifying laws, resulting in comprehensive legal codes.
- The dissemination of the Civil Legal System occurred throughout Europe and was notably influential in England.
Global Spread and Influence
- The legal system was widely imposed during colonial times in the 17th and 18th centuries.
- It is currently found in various countries in South America and parts of Africa due to colonial heritage.
- India also experienced the influence of this system through French and Portuguese colonization, particularly in regions like Pondicherry, Goa, Daman, and Diu.
Salient Features of the Civil Legal System
- Emphasis on Acts and Statutes enacted by Parliament or competent authorities.
- Structured judiciary with well-defined roles and responsibilities.
- Judges possess the authority to create laws, contributing to the legal system's development.
- Court proceedings adopt an inquisitorial approach, focusing on investigation and fact-finding.
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