Podcast
Questions and Answers
What was the first modern civil code created in continental Europe?
What was the first modern civil code created in continental Europe?
The ius commune law became the only legal system by the end of the 18th century in Europe.
The ius commune law became the only legal system by the end of the 18th century in Europe.
False
What does 'Alma' mean in the context of the civil law tradition?
What does 'Alma' mean in the context of the civil law tradition?
soul
The German modern civil code was established in _____ (year).
The German modern civil code was established in _____ (year).
Signup and view all the answers
Match the following codifications with their respective countries:
Match the following codifications with their respective countries:
Signup and view all the answers
Which legal tradition emphasizes the role of judges and allows lawyers to become judges?
Which legal tradition emphasizes the role of judges and allows lawyers to become judges?
Signup and view all the answers
The Italian civil code of 1865 was a direct translation of the German Bürgerliches Gesetzbuch.
The Italian civil code of 1865 was a direct translation of the German Bürgerliches Gesetzbuch.
Signup and view all the answers
What primary legal system influenced the development of civil law in Europe?
What primary legal system influenced the development of civil law in Europe?
Signup and view all the answers
What were the Inns of Court primarily established for?
What were the Inns of Court primarily established for?
Signup and view all the answers
In common law, precedents are not essential for solving cases.
In common law, precedents are not essential for solving cases.
Signup and view all the answers
Who is considered the father of the tort of negligence rule?
Who is considered the father of the tort of negligence rule?
Signup and view all the answers
The law system in Saudi Arabia primarily follows _____ law.
The law system in Saudi Arabia primarily follows _____ law.
Signup and view all the answers
Match the type of law with its description:
Match the type of law with its description:
Signup and view all the answers
What is a key feature of the legal system in civil law jurisdictions?
What is a key feature of the legal system in civil law jurisdictions?
Signup and view all the answers
At the end of the internship in an Inn, a student is qualified to practice as an _____ barrister.
At the end of the internship in an Inn, a student is qualified to practice as an _____ barrister.
Signup and view all the answers
All barristers must belong to an Inn of Court.
All barristers must belong to an Inn of Court.
Signup and view all the answers
What was a major characteristic of the 1920s regarding German influence in Italy?
What was a major characteristic of the 1920s regarding German influence in Italy?
Signup and view all the answers
In civil law systems, judges are bound by past decisions.
In civil law systems, judges are bound by past decisions.
Signup and view all the answers
What are the two predominant aspects of law development in common and civil law systems?
What are the two predominant aspects of law development in common and civil law systems?
Signup and view all the answers
The ________ originated in the 14th century to train lawyers in common law.
The ________ originated in the 14th century to train lawyers in common law.
Signup and view all the answers
Match the following legal systems with their characteristics:
Match the following legal systems with their characteristics:
Signup and view all the answers
What is the main distinction of the German Civil Code compared to French law?
What is the main distinction of the German Civil Code compared to French law?
Signup and view all the answers
What role did political conquest play in legal systems?
What role did political conquest play in legal systems?
Signup and view all the answers
The German Civil Code does not include any rules in its General Part.
The German Civil Code does not include any rules in its General Part.
Signup and view all the answers
The Supreme Court of the UK is the lowest court in the civil justice system.
The Supreme Court of the UK is the lowest court in the civil justice system.
Signup and view all the answers
Who are considered the fathers of the German Civil Code?
Who are considered the fathers of the German Civil Code?
Signup and view all the answers
Who was the first professor of law in the UK?
Who was the first professor of law in the UK?
Signup and view all the answers
The theoretical work that served as the basis for the German Civil Code is called ___.
The theoretical work that served as the basis for the German Civil Code is called ___.
Signup and view all the answers
Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
Signup and view all the answers
Which country had two civil codes that were influenced by French and German models?
Which country had two civil codes that were influenced by French and German models?
Signup and view all the answers
Nordic countries are heavily influenced by the German Civil Code.
Nordic countries are heavily influenced by the German Civil Code.
Signup and view all the answers
The special parts of the German Civil Code include Law of obligations, ____, family law, and inheritance law.
The special parts of the German Civil Code include Law of obligations, ____, family law, and inheritance law.
Signup and view all the answers
What is the main legislator of Islamic law?
What is the main legislator of Islamic law?
Signup and view all the answers
Religious laws are inspired directly by God and can be changed by humans.
Religious laws are inspired directly by God and can be changed by humans.
Signup and view all the answers
Name the two primary sources of Islamic law.
Name the two primary sources of Islamic law.
Signup and view all the answers
In Judaism, the main religious law is called _______.
In Judaism, the main religious law is called _______.
Signup and view all the answers
Match the following religious laws to their respective religions:
Match the following religious laws to their respective religions:
Signup and view all the answers
What legal reasoning method in Islamic law is similar to Common Law?
What legal reasoning method in Islamic law is similar to Common Law?
Signup and view all the answers
Sharia law is adaptable and can change with human interpretation.
Sharia law is adaptable and can change with human interpretation.
Signup and view all the answers
What is the main characteristic of Sharia that distinguishes it from civil law?
What is the main characteristic of Sharia that distinguishes it from civil law?
Signup and view all the answers
Which of the following chapters are included in the book of commentaries on the laws of England?
Which of the following chapters are included in the book of commentaries on the laws of England?
Signup and view all the answers
Calvin's Case determined that common law should not be applied in politically occupied areas.
Calvin's Case determined that common law should not be applied in politically occupied areas.
Signup and view all the answers
What was created on July 4, 1776, by the 13 British colonies?
What was created on July 4, 1776, by the 13 British colonies?
Signup and view all the answers
Each American state has its own laws and rules in ________ law.
Each American state has its own laws and rules in ________ law.
Signup and view all the answers
Match the following terms with their descriptions:
Match the following terms with their descriptions:
Signup and view all the answers
Which countries are described as members of the Commonwealth association?
Which countries are described as members of the Commonwealth association?
Signup and view all the answers
The US legal system is characterized by a centralized structure similar to the UK.
The US legal system is characterized by a centralized structure similar to the UK.
Signup and view all the answers
What legislative body in the United States has jurisdiction over monetary and tax issues?
What legislative body in the United States has jurisdiction over monetary and tax issues?
Signup and view all the answers
Study Notes
Comparative Private Law
- Legal mentality of jurists is a combination of factors, history, and culture.
- Historical process and legal culture shape each rule.
- Cultural understanding is critical to understanding other legal systems.
- Rules come from a deeper source than their immediate application.
- Western legal tradition originated in Europe with common law and civil law subtraditions.
- Shared history, economics, values, and basic rules exist, but are applied differently.
- Legal modules circulate throughout legal systems.
- History dictates legal value comparisons, economic developments, and legal system formations.
- Legal systems were consolidated between the 11th and 13th centuries. Consolidation continued from the 14th-18th centuries with a transitional period between the middle ages and modern Europe, starting with the French Revolution.
- Common law is based on royal and crown courts, writs, and royal courts.
- Civil law is based on Justinian's Corpus Juris and Roman law study and teaching.
- Civil law subjects are canon law scholars and professors.
- Irnerius was a 9th-century professor who translated the Corpus Juris Civilis and taught legal systems.
- Roman law spread throughout Italian legal systems; forming common law for continental Europe alongside local laws and customs.
- Known as ius commune and had influence on other legal systems.
- Roman law affected civil law alongside Italian scholars.
- Modern nation-states emerged in the 18th century and each created their own laws.
- Each state of continental Europe created a civil code, starting with France with the Code Napoléon (1804).
- Code Napoléon was inspired by Roman law.
- This impacted modern civil codes.
- Code Napoléon addressed average citizens of France. This was different than previous ius commune and Roman law.
- The common law, in England, was shaped by William the Conqueror, who initiated a Norman English kingdom.
- English Lawyers, judges, and legal procedures were separated from the political establishment.
- Inns of Court were professional associations created in the 14th century for training lawyers and legal professionals.
- Common law procedures were taught in the royal courts until the 19th century..
- Common law is based on case precedents and English courts follow previous cases.
- In civil law, statutes are the basis of law, made by the legislators.
- Religious law alongside common and civil law included customary law, mixed law, socialist law and religious law in civil and common law.
- Islamic law is a part of religious laws with a legal system based on religious norms.
- Sharia, Halakha, and Canon law are examples of religious laws.
- In Islam, the religious legislator is God, so religious law is not changeable.
- Jurisprudence in Islamic law is based on precedent, reasoning by analogy, and interpretation.
- Islamic Law is based in the Quran and Sunna and is generated from these through regulations and interpretation.
- Islamic law differs from other religious based systems based on a similar premise—that the legislator is God.
- Islamic legal system based on legal precedent, reasoning by analogy (qiyas), legal interpretation, and the interpretation of the works of God for legal guidance.
- Common law vs civil law regarding the classification of acts includes a division of lawful and unlawful acts, that has similarities with the Islamic legal code.
- Classification of acts are categorized by compulsory, recommended, lawful, reprehensible, and prohibited actions, and are often tied to the reward or punishment in a person's afterlife.
- World's legal systems (Civil and common law) are categorized by the Eastern legal tradition, Islamic law and religious based legal systems, and mixed legal systems.
- Civil law is comprised of Irnerius, the first European civil law scholar, and the determining basis of private and civil law in the historic context of Roman law.
- Roman law interpreted by Italian jurists created a common law in continental Europe that followed the application of local laws and local customs.
- During the 19th-20th centuries, civil law emerged during modern times, based on legal transplantation and growing circulation of legal models .
- Common law was spread by British colonization, emigration, and political conquest.
- Common law spread by imposition and imitation because of the prestige it held among legal traditions.
- Common law systems are based on precedents established in courts' case decisions, and the doctrine of stare decisis.
- In the common law system, judges are bound to apply the doctrine of stare decisis, following established precedents in previous cases when making decisions in current cases.
- Different circumstances make legal decisions different (e.g. colonial history, political conquest, prestige and imitation).
- Legal systems vary and have influenced each other through different cultures, creating legal transplantation and circulation.
Acts Classification
- Laws are often divided into lawful and unlawful acts for common and civil legal systems and can overlap with Islamic legal systems classifications with similar divisions.
- Religious based legal systems have specific classifications of actions in relation to religious or divine laws.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore the intricate connections between legal mentality, culture, and history in Comparative Private Law. This quiz delves into how various legal systems have evolved over time, highlighting the impacts of historical processes on modern legal rules and traditions. Understand the differences and similarities between common law and civil law, and their cultural foundations.
