Comparing Legal Systems

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Questions and Answers

What is a key characteristic of common law legal systems?

Laws are only created by legislatures

Court decisions are not binding

Judges do not issue opinions in deciding cases

The principles announced in cases become precedent for later judges (correct)

What is the name of the code of laws adopted by Rome in 450 BCE?

The Napoleonic Code

The German Civil Code

The Twelve Tables (correct)

The French Civil Code

In civil law countries, what is the sole source of law?

The civil code and parliamentary statutes (correct)

Constitution and case law

Court decisions and parliamentary statutes

Judicial opinions and legislatures

What is a characteristic of hybrid legal systems?

They combine elements of different legal systems Signup and view all the answers

In common law systems, what determines the laws governing a case?

Both legal precedent and statutory laws Signup and view all the answers

What is a role of a jury in common law systems?

To determine the facts of the case Signup and view all the answers

What is a characteristic of common law systems?

Laws are created by both judges and legislatures Signup and view all the answers

What is an example of a country that uses a common law system?

The US Signup and view all the answers

What is one of the primary functions of the law?

To maintain order within the community Signup and view all the answers

What is the main purpose of the rule of law?

To create a system in which individuals can be productive Signup and view all the answers

Which of the following is NOT a function of the law?

Promoting social injustice Signup and view all the answers

What percentage of lawsuits are typically settled prior to trial?

95% Signup and view all the answers

What is one of the benefits of the just and uniform application of law across the population?

Creation of trust and confidence Signup and view all the answers

Which of the following is an example of facilitating planning?

Well-designed commercial laws Signup and view all the answers

What is one of the functions of the law in relation to social justice?

Promoting social justice Signup and view all the answers

What is the main purpose of the First Amendment to the U.S. Constitution?

To grant the rights of freedom of speech, religion, and association Signup and view all the answers

What is the primary purpose of law, according to the text?

To govern the conduct of individuals, businesses, and organizations Signup and view all the answers

What is the term used to describe the philosophy or science of law?

Jurisprudence Signup and view all the answers

What are customs, according to the text?

Unwritten expectations of behavior particular to a specific place, time, or society Signup and view all the answers

What are the two essential elements required to establish that a customary practice has become customary law?

One behavioral and one psychological element Signup and view all the answers

What is the primary function of law, according to Plato?

To regulate human behavior Signup and view all the answers

What is the term used to describe a system that regulates and ensures that individuals or a community adhere to the will of the state?

Law Signup and view all the answers

What is the purpose of law, according to the text?

To protect individuals and their property against unwanted interference from others Signup and view all the answers

What is the 'rule of law' referred to in the text?

The system of law that regulates individual and group behavior Signup and view all the answers

Study Notes

Types of Legal Systems

Legal systems vary from country to country and can have similarities based on historically accepted justice ideals.
Many countries employ more than one type of legal system to create a hybrid system.

Common Law Legal Systems

Developed by judges who issued opinions when deciding cases.
Examples: U.S. and U.K.
Principles announced in cases become precedent for later judges deciding similar cases.
Laws are based on both legal precedent created by judges and statutory laws created by legislatures.
A jury determines facts, and a judge decides the law to be applied.

Civil Law Systems

Dates back to 450 BCE, when Rome adopted the Twelve Tables, a code of laws applicable to Romans.
French Civil Code of 1804 (Napoleonic Code) and German Civil Code of 1896 became models for countries adopting civil codes.
Laws are created by the civil code and parliamentary statutes, and court decisions do not have the force of law in most civil law countries.
Adjudication of a case is the application of the code or statutes to a particular set of facts.

Functions of the Law

Keeping the peace (e.g., making certain activities crimes).
Shaping moral standards (e.g., discouraging drug and alcohol abuse).
Promoting social justice (e.g., prohibiting discrimination in employment).
Maintaining the status quo (e.g., preventing the forceful overthrow of the government).
Facilitating orderly change (e.g., enacting laws after study, debate, and public input).
Facilitating planning (e.g., allowing businesses to plan activities and allocate resources).
Providing a basis for compromise (e.g., settling cases prior to trial).
Maximizing individual freedom (e.g., granting rights of freedom of speech, religion, and association).

Principles of Law

Plato: "Human beings do not ever make laws; it is the accidents and catastrophes of all kinds happening in every conceivable way that make law for us."

What is Law?

A body of rules of action or conduct prescribed by a controlling authority, with binding legal force.
A system that regulates and ensures individuals or communities adhere to the will of the state.
Intended to protect persons and their property against unwanted interference from others.

Customs

Widely accepted expectations of behavior particular to a specific place, time, or society.
Two elements must be established to show a customary practice has become customary law:
- Consistent and recurring action (or lack of action if the custom is one of noninvolvement).
- Observing the custom must regard it as binding.

Jurisprudence

The philosophy or science of law.
Understanding the philosophy behind the existence of law is important for understanding:
- Justification for legislation.
- Judicial reasoning applied when interpreting laws.