Comparative Law Overview
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Questions and Answers

Match the following legal roles with their primary characteristics:

Solicitors = Can be disciplined by the Law Society Barristers = Specialists in courtroom advocacy Both = Can represent clients in court

Match the colonies with their common law characteristics:

Settled Colonies = Examples include North America and Australia Conquered Colonies = Examples include India

Match the training requirements with the appropriate legal role:

Barristers = Must pass specific exams for advocacy Solicitors = Can be contacted directly by clients

Match the regions with their common law history:

<p>Australia = Common law formally adopted in 1828 North America = Common law applied automatically India = Family law retained with common law filling gaps</p> Signup and view all the answers

Match the legal roles with their work environment:

<p>Solicitors = Focus on transactional matters Barristers = Managed by clerks for schedules and fees</p> Signup and view all the answers

Match the British common law characteristics with their descriptions:

<p>Pragmatic approach = Focused on commerce and local laws Colonial influence = Affected nearly one-third of global population Family law retention = Excluded from common law's universal application Superior role = Barristers form the elite of the legal profession</p> Signup and view all the answers

Match the term with its corresponding definition:

<p>King’s Counsel (KC) = Elite barristers who may become judges Law Society = Oversees complaints against solicitors Pupilage = Year-long training for barristers Chambers = Where barristers share resources and specialization</p> Signup and view all the answers

Match the common law practice with their respective traits:

<p>Common law = Included substantive law and court systems French legal approach = Sought universal imposition of their law British colonization = Retained local laws for cultural harmony Common law tradition = Evolved through the practices of solicitors and barristers</p> Signup and view all the answers

Match the following countries with their legal system characteristics:

<p>Australia = Federal state with common law influence Canada = Mixed legal system of common law and civil law Quebec = Retains civil law system for private matters High Court of Australia = Final appellate court for Australian legal system</p> Signup and view all the answers

Match the components of Australia's court structure:

<p>State Courts = Handle most private and criminal law matters Federal Courts = Address federal issues and appeals Supreme Courts = Part of the state court hierarchy Family Courts = Specialized courts for family law</p> Signup and view all the answers

Match the legal traditions with their respective influences in Canada:

<p>British influence = Establishment of common law system French influence = Preserved in Quebec for civil law British North America Act = Created federal state in Canada Legal cross-pollination = Influence of civil law on common law</p> Signup and view all the answers

Match the following provisions of the legal systems:

<p>Australia's legal system = Starts from the Commonwealth of Australia Constitution Act Canada's legal system = Includes both common law and civil law systems Provincial Courts in Canada = Handle most criminal and civil cases Supreme Court of Canada = Maintains consistency in legal application</p> Signup and view all the answers

Match the features of the High Court of Australia:

<p>Uniformity in legal interpretation = Ensures consistent application across states Executive decisions = Final appellate court in legal disputes Judicial review of statutes = Limited compared to U.S. system Family law = Handled by separate specialized courts</p> Signup and view all the answers

Match the legal components of the Australian Constitution:

<p>Federal jurisdiction = Covers commerce and foreign affairs State control = Retains private, commercial, and criminal law Parliament and government = Established for each of six states Legal solutions = Includes advanced land registration systems</p> Signup and view all the answers

Match the roles of Canadian courts:

<p>Provincial Courts = Most criminal and civil jurisdiction Federal Courts = Cases involving federal administration Supreme Court of Canada = Final appellate authority in Canada Mixed legal system = Combines English and French legal traditions</p> Signup and view all the answers

Match the fundamental legal principles discussed:

<p>Common law = Dominant in most of Canada Civil law = Key system in Quebec Family law reforms = Introduced unique local solutions in Australia Judicial independence = Lacks a constitutional catalog in Australia</p> Signup and view all the answers

Match the historical milestones with their descriptions in the evolution of the U.S. legal system:

<p>Colonial Beginnings = Legal systems developed using the Bible for dispute resolution Independence and Constitution = Drafting of the U.S. Constitution in 1787 Legal Evolution = Integration of civil law alongside common law Judicial Reforms = Elections for judges became common instead of lifetime appointments</p> Signup and view all the answers

Match the legal terms with their definitions based on U.S. legal history:

<p>Codification = Process of systematically arranging laws Egalitarian Principles = Focus on equality and democracy in law Abolishing Monopolies = Removal of exclusive control over trade or services The Case Method = A teaching approach using real case studies</p> Signup and view all the answers

Match the historical events with their impact on U.S. law:

<p>American Revolution = Resistance to English imperialism Civil War = Preservation of national unity and abolition of slavery Economic Growth Post-Civil War = Innovation in legal practices to address new challenges Andrew Jackson's Reforms = Significant changes in land, family, and criminal law</p> Signup and view all the answers

Match the U.S. regions during colonial times with their characteristics:

<p>New England Colonies = Religious governments settling disputes using the Bible Middle Colonies = Diverse communities with varying legal needs Southern Colonies = Agriculture-based economy with different legal frameworks 13 Colonies = The foundation of early American legal systems</p> Signup and view all the answers

Match the key figures in U.S. legal evolution with their contributions:

<p>David Dudley Field = Pioneer of common law codification Andrew Jackson = President known for judicial and legal reforms Harvard Law School = Innovative in training practical lawyers Colonial Lawyers = Trained in English common law for local needs</p> Signup and view all the answers

Match the key legal frameworks with their descriptions:

<p>Common Law = Legal system based on court precedents Civil Law = Legal system based on codified statutes Federal Structure = Government system outlined in the U.S. Constitution Indigenous Legal Values = Local customs integrated into modern law</p> Signup and view all the answers

Match the concepts of legal education with their importance:

<p>Practical Training = Focus on real-world legal application The Case Method = Utilizes actual cases for teaching Shift from English Model = Development of a unique American legal education system Harvard's Role = Establishment of a leading law school in the U.S.</p> Signup and view all the answers

Match the key legal changes in the 19th century with their outcomes:

<p>Simplifying Court Procedures = Making legal processes more accessible Abolishing Slavery = Constitutional amendments post-Civil War Judicial Elections = Shift from appointed to elected judges Land Reforms = Changes in property rights and ownership laws</p> Signup and view all the answers

Match the legal systems with their characteristics:

<p>Common Law = Judges reason inductively from instances Civil Law = Judges follow written procedural law</p> Signup and view all the answers

Match the case with its impact on federal law application:

<p>Railroad vs Tomkins = Required use of state law unless stated otherwise House of Lords decision in 1966 = Relaxed strict binding of precedents Prospective overruling = Allowed new rules only for future cases 19th-century changes in common law = Increased strictness in binding precedent</p> Signup and view all the answers

Match the judicial roles with their respective legal systems:

<p>Common Law Judges = Engage in oral hearings Civil Law Judges = Act as servants of the state</p> Signup and view all the answers

Match the reasoning processes with the corresponding legal systems:

<p>Common Law = Analysis of individual precedents Civil Law = Syllogistic reasoning</p> Signup and view all the answers

Match the historical influences with the legal systems:

<p>Common Law = Focused on practical events Civil Law = Developed new legal frameworks by scholars</p> Signup and view all the answers

Match the common law characteristics with their descriptions:

<p>Binding precedent = Requires courts to follow superior court decisions Flexibility of precedents in the U.S. = Courts can overrule past decisions Judgment based on precedents = Used to resolve current cases Inductive reasoning = Finding principles from specific instances</p> Signup and view all the answers

Match the key aspects of procedural law with their legal systems:

<p>Civil Law Procedural Model = Romano-canonical model Common Law Procedural Model = Focus on case precedents Civil Law Judges = Have investigative powers Common Law Judges = Utilize adversarial presentations</p> Signup and view all the answers

Match the courts' practices with their legal systems:

<p>State Courts in U.S. = Adopted practice of prospective overruling Civil Law Courts = Lower courts follow decisions of the highest court Common Law Courts = Follow flexible precedent rules</p> Signup and view all the answers

Match the legal terms with their definitions:

<p>Writ of Rights = Protected land possession. Writ of Custom and Services = Allowed feudal superiors to enforce vassal duties. Injunctions = Prevented future harm, offering a remedy not available in common law. Specific Performance = Mandated the fulfillment of contractual obligations.</p> Signup and view all the answers

Match the courts with their primary functions:

<p>Court of Common Pleas = Handled private disputes and appeals from lower courts. Court of King’s Bench = Addressed political and high-stakes issues. Equity = Handled petitions for justice based on morality and conscience. Central Courts = Evolved from the Curia Regis into specialized institutions.</p> Signup and view all the answers

Match the historical events with their representations:

<p>Domesday Book (1086) = Comprehensive record for tax purposes. Statute of Westminster (1285) = New writs could only be created under exceptional circumstances. King James I's Dispute = Affirmed equity's precedence in case of conflicts. Tensions between Equity and Common Law = Culminated in a 17th-century dispute.</p> Signup and view all the answers

Match the contributions of equity with their descriptions:

<p>Trusts = Ensured trustees adhered to moral obligations under agreements. Equitable Doctrine of Part Performance = Allowed specific performance of contracts that failed formal requirements. Remedies = Provided solutions not available in common law. Decisions by the Chancellor = Made without juries.</p> Signup and view all the answers

Match the elements of the legal system with their characteristics:

<p>Forms of Action = Legal claims requiring specific writs issued by the king. Royal Justice = System underpinned the growth of common law. Casuistic Approach = Addressed specific legal problems pragmatically. Guilds in Legal Education = Supported the development of Inns of Court.</p> Signup and view all the answers

Match the types of law with their principles:

<p>Common Law = Based on rigid procedural rules. Equity = Focused on morality and conscience. Roman Practices = Utilized a pragmatic approach to law. Legal Guilds = Developed as essential institutions for lawyers.</p> Signup and view all the answers

Match the terms related to law with their specific roles:

<p>Chancellor = Made decisions in equity without juries. Beneficiaries = Those who benefit from trusts. Feudal Superiors = Enforced duties on vassals. Trustees = Adhered to moral obligations under agreements.</p> Signup and view all the answers

Match the legal historical developments with their impacts:

<p>Development of Central Courts = Created uniformity in legal processes across England. Procedural Rigidness = Led to petitions for justice based on morality. Equity's Rise = Complemented the deficiencies of common law. Inns of Court = Became essential to the legal education of lawyers.</p> Signup and view all the answers

Match the following court types with their primary functions:

<p>Commercial Courts = Handle business disputes Chancery Division = Manage equity-related issues Crown Court = Handle serious criminal offenses Family Division = Deal with family law matters</p> Signup and view all the answers

Match the following tribunals with their specific areas of focus:

<p>First-Tier Tribunal = Handle specialized matters Upper Tribunal = Function as an appellate court Employment Tribunals = Handle labor law disputes Special Tribunals = Address areas like tax and immigration</p> Signup and view all the answers

Match the following courts with their hierarchical context:

<p>Court of Appeal = Hears appeals from the High Court Supreme Court = UK's highest court authority High Court = Unified common law and equity Admiralty Courts = Address maritime claims</p> Signup and view all the answers

Match the following historical reforms with their impacts:

<p>Judicature Acts = Unified common law and equity rules Bills of Exchange Act 1882 = Reformed commercial law Law of Property Act 1925 = Rationalized property rules Law Commissions = Recommended legislative reforms</p> Signup and view all the answers

Match the following levels of court with their descriptions:

<p>Crown Court = Jury trials for serious offenses Family Division = Focus on family law Mercantile Courts = Manage commercial disputes Technology and Construction Courts = Handle specialized construction matters</p> Signup and view all the answers

Match the following appeals processes with their corresponding courts:

<p>Appeals from the Bureau's tribunals = Proceed to Upper Tribunal Decisions from the Crown Court = Can be appealed to Court of Appeal Cases heard by the Supreme Court = Of significant legal importance Appellate decisions from Upper Tribunal = Similar powers to High Court</p> Signup and view all the answers

Match the following components of the legal system with their definitions:

<p>Citizen’s Advice Bureau = Provides accessible legal advice Subdivisions of the High Court = Includes various specialized courts Statutory Law = Reforms historical rules Judicial Reviews = Conducted by Upper Tribunal</p> Signup and view all the answers

Match the following characteristics to the corresponding courts:

<p>Supreme Court = Judicial committee of five judges Court of Appeal = Composed of Justices of Appeal Family Division = Focuses on family-related issues Upper Tribunal = Sets precedents and conducts reviews</p> Signup and view all the answers

Flashcards

Domesday Book

A comprehensive record compiled in 1086, mainly for tax purposes, but also establishing the foundation for centralized governance and justice in England.

Common Law

The system of law developed in England through judicial decisions, based on precedent and custom.

Royal Justice

Central courts evolved from the Curia Regis, each addressing specific types of cases.

Writs

A formal request to the king for legal action, categorized by its purpose, with specific procedures.

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Equity

A system of law that aims to provide fair and just outcomes, considering moral and ethical principles, developed in response to the rigid procedures of common law.

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Trusts

A legal agreement where one party (the trustee) holds assets for the benefit of another (the beneficiary), ensuring the trustee acts ethically.

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Inns of Court

Associations of lawyers who played a crucial role in developing common law, providing education, and regulating the profession.

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Injunction

A legal remedy that prevents future harm, offering a solution not available under common law.

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Commercial Court

A division of the High Court of Justice specializing in business disputes, including contracts, insolvency, and intellectual property.

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Chancery Division

A division of the High Court dealing with issues related to trusts, bankruptcy, intellectual property, and company law.

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Family Division

A division of the High Court focusing on family-related legal matters such as divorce, custody, and adoption.

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Court of Appeal

The highest court in the UK for civil and criminal appeals, reviewing legal arguments and the trial court's findings of law.

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Supreme Court

The highest court in the UK for legal matters, replacing the House of Lords.

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Special Tribunals

A system of specialized courts handling specific legal areas like tax, immigration, and social security.

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Judicature Acts (1873-1875)

A landmark set of acts that combined common law and equity rules under the High Court, simplifying procedures and unifying trial rules.

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Law Commissions

A body established to recommend legislative reforms in private law, contributing to the modernization of the UK legal system.

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What is the primary role of a Solicitor in the UK?

Solicitors in the UK are primarily legal advisors, handling matters such as conveyancing, pre-trial preparation, and advising individuals and businesses.

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What is the primary role of a Barrister in the UK?

Barristers, unlike solicitors, specialize in courtroom advocacy in higher courts. They represent clients in court and are central to the evolution of English common law.

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What is the main difference between Solicitors and Barristers?

While solicitors advise and handle pre-trial matters, barristers focus on representing clients in court, with a monopoly on courtroom advocacy.

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What is the main reason for the global influence of common law?

The common law tradition's spread is largely attributed to British colonization, affecting nearly one-third of the global population.

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What is a 'settled colony' in the context of common law diffusion?

Colonies established by British settlement adopted common law directly, as seen in Australia and North America.

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What is a 'conquered colony' in the context of common law diffusion?

In conquered colonies, existing laws were often retained, but common law filled gaps in the legal system, as seen in India.

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How does the British approach to spreading common law contrast with the French?

The French, unlike the British, aimed to impose their legal system universally, while the British were more pragmatic, retaining local laws in certain areas like family law.

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How was common law introduced and adopted in Australia?

Australia adopted English common law and relevant statutes in 1828, initially used to govern convicts but ultimately becoming the foundation of its legal system.

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U.S. Legal System Character

The United States legal system has English common law roots but evolved distinctively, influenced by unique historical events and democratic values.

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Australian Federal System

Australia's government structure, established in 1900, divides power between a national government and six individual states, each with its own parliament and courts.

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Division of Powers in Australia

The Australian Constitution outlines the powers of the federal government, including areas like trade, defense, and foreign affairs. States retain powers over matters such as education and local government.

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Colonial Legal Systems

Early American colonies relied on religious laws based on the Bible for dispute resolution.

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Independence and Constitution

The American Revolution led to the U.S. Constitution, establishing a federal system and guaranteeing fundamental rights for citizens.

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High Court of Australia

The High Court of Australia is the highest court in the country, ensuring consistency in legal interpretation across all states. It can overturn decisions made by lower courts.

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Legal Evolution

American judges adapted English common law to local needs, emphasizing democratic principles and egalitarianism.

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Canada's Mixed Legal System

Canada's legal system is a unique mix of common law and civil law, reflecting its history as a blend of British and French influences.

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19th Century Legal Reforms

19th-century reforms aimed to simplify legal processes, dismantle monopolies, and protect debtors' rights.

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Common vs. Civil Law in Canada

Common law, based on precedents, applies in most Canadian provinces except Quebec, which primarily follows the French civil law system.

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Supreme Court of Canada

The Supreme Court of Canada is the highest court, ensuring consistent application of both the common law and civil law systems across the country.

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Civil War and Legal Impact

The U.S. Civil War led to the end of slavery and shaped legal developments to address new challenges of national unity and economic growth.

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Legal Influences on Canada

The Canadian legal system is influenced by both British and French legal traditions. It combines elements of common law and civil law to create a unique and complex legal framework.

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Legal Education Evolution

American legal education shifted away from the English model, emphasizing practical law training and the 'case method' approach.

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Historical Roots of Canadian Law

The Canadian legal system reflects its colonial history. The Treaty of Paris in 1763, establishing British control over French colonies, led to a unique legal system that combines elements of both English and French legal traditions.

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Civil Law

A legal system based on detailed, written codes of law. Judges apply the law as written, with less emphasis on precedent.

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Binding Precedent

The legal principle that requires lower courts to follow the decisions of higher courts. This helps ensure consistency in the law.

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Overruling Precedent

The ability of a court to overturn or modify a precedent in a specific case, particularly in constitutional matters or when a precedent is outdated.

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Prospective Overruling

A practice in common law systems where new rules apply only to cases after the ruling. This helps avoid disrupting past cases based on old rules.

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Active Role of Judges (Common Law)

The role of judges in common law systems. They actively guide the courtroom, listen to arguments, and make decisions based on evidence and precedent.

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Passive Role of Judges (Civil Law)

The role of judges in civil law systems. They primarily apply the law as written in the code, taking a less active part in the proceedings.

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Civil Law System (General)

A system of law based on reason and logic, with a focus on written codes. Judges apply these codes to specific cases by applying the rules to the facts.

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Study Notes

Comparative Law

  • Comparative law is a method and a field of study that analyzes and compares legal systems. It's used both for cross-jurisdictional analysis and within domestic systems. It emphasizes interdisciplinarity and connects law to politics and economics.
  • Comparative law has evolved since its emergence in early 20th-century Paris, from a positivistic ideal of unifying global legal systems to solving practical problems in diverse legal systems.
  • Early comparisons, like Aristotle's analysis of Greek constitutions, lacked the modern methodological rigor of comparative law.
  • Modern comparative law focuses on practical problem-solving rather than global unification, especially in private law areas (international business).
  • Macro comparison analyzes broad legal principles, sources, and methodology within a legal system.
  • Micro comparison examines specific legal problems or institutions, often drawing on macro insights. Both methods are interconnected.
  • Private International Law deals with conflicts of law between jurisdictions without comparing legal systems.
  • Public International Law governs relations between states, not comparative analysis.
  • Legal history and ethnology examine past legal systems and primitive institutions, lacking a contemporary focus on systematic comparisons.

Wigmore's Theory

  • Wigmore's framework offers a comprehensive structure for comparative law study, combining descriptive, theoretical, and historical aspects.

Functionalist Methodology

  • It focuses on identifying problems, selecting jurisdictions, and abandoning domestic biases to analyze laws dynamically. The focus is on real-world issues, not abstract concepts.

Zweigert and Koetz Method

  • This method analyzes how legal systems handle laws and cases by comparing common law and civil law approaches. It examines how civil and common law judges shape laws.

Rodolfo Sacco's Methodology

  • It emphasizes contradictions within legal systems through examining constitution, legislation and judicial rulings (e.g. cryptotypes). It looks at how implicit rules shape legal mindsets.
  • Civil law, common in continental Europe, relies on codified statutes and systematic legal reasoning.
  • Common law, originating in the UK, relies on precedent and case law, focusing on specific problem-solving.

Relationship Between Comparative Law & Sociology

  • Both comparative law and sociology focus on the interplay between law and society. Sociological insights provide explanations of legal similarities and differences.

Functions and Aims of Comparative Law

  • Aid for legislators and judges to improve and reform domestic laws.
  • Better interpretation of law, especially when aligning with foreign precedents and international standards.
  • Aid to legal scholars through enriched research and education.
  • Create tools for legal harmonization, including creating model laws and treaties (e.g., lex mercatoria).

Challenges in Comparative Law

  • Legal transplants face challenges due to cultural and systemic differences.
  • Interpretations of law may vary across jurisdictions, leading to inconsistent application even with unified laws.

EU Law Harmonization

  • Early 21st-century efforts to create a unified EU legal code were unsuccessful due to diverse legal cultures. The focus shifted to a common legal mindset by fostering integration of EU sources into national laws. Achievements include the Common Core of European Private Law and the Common Frame of Reference on Contract and Tort.

Methods in Comparative Law

  • Comparative law is practical, adaptable to societal needs, and uses various methodologies, emphasizing problem-solving approaches.

Law of Property Act (1925)

  • The act modernized property law, moving away from feudal concepts.

Pluralism in the UK

  • The UK's legal system reflects a pluralistic structure, maintaining distinct legal traditions in England and Scotland.

Courts and Judges in England

  • English judges are considered oracles of the law, with specialized courts like magistrates', county, and high courts. Appeals proceed through Courts of Appeal and the Supreme Court.
  • The establishment of tribunals is for specific areas like tax, social security, immigration.

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Description

This quiz explores comparative law as a method and field of study that analyzes and compares various legal systems. It highlights the evolution of comparative law from its early 20th-century roots to its modern focus on practical problem-solving. The interconnections of macro and micro comparisons are also discussed.

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