DROIT CIVIL ETRANGER

Understanding and analyzing a legal system by comparing it to your own, focusing on similarities and differences.

The systematic study of another legal system, aiming to understand its rules, principles, and how they operate.

The perspective of applying your own understanding of law and social values to another legal system, which can be misleading and inaccurate. It often leads to a biased or self-centered analysis.

A legal system that uses codified laws and a structured approach to legal reasoning, often rooted in Roman and Germanic legal traditions.

A legal system that relies heavily on precedent and judicial decisions, with a less formalized structure compared to civil law systems.

The approach of placing laws within specific legal systems, highlighting their similarities and differences.

The ability to distance yourself from a dogmatic or narrow conception of law by understanding and analyzing other legal systems. It helps broaden legal perspectives and deepens understanding of your own system.

The particular legal ruling applied to the specific case, directly concerning the parties involved.

The underlying legal reasoning behind the decision, explaining the rationale for the ruling and setting a precedent for future cases.

Any statement, discussion, or opinion by the judge that is not directly related to the reasoning behind the decision, therefore not binding as a precedent.

A legal principle established in a previous case that serves as a binding authority for similar cases in the future. Judges are bound to follow precedents unless there are strong reasons to deviate.

The ability of judges in common law systems to modify existing legal principles to address new or unforeseen circumstances.

A legal document issued by the King that ordered a defendant to appear in court. It was the king's authorization for a case to be heard.

Pre-written, standardized writs for common legal situations. They were often kept in books for reference.

The increasing number of different writs led to a less creative and more rigid legal system.

A system of law that seeks to achieve fairness and justice in cases where the common law was inadequate or too rigid.

A body that developed to handle issues of equity and fairness that were beyond the scope of the common law. It was initially focused on petitions to the king.

The king's right-hand man, typically a religious figure, who was responsible for handling petitions for equity and justice.

A situation where the principles of equity prevail over the rules of common law.

Individuals who were highly skilled in legal matters.

The English legal system is a complex system that involves multiple courts and competing legal traditions. This complexity reflects a responsiveness to the needs of society.

In William the Conqueror's system, the key idea is that all land in England belongs to the crown, not the king. The crown represents the state, while the king is simply its embodiment.

The English feudal system, introduced by William the Conqueror, involved granting land to loyal followers in exchange for specific services, oaths, and payments to the king.

The king's council, known as the Curia Regis, was established to assist the monarch in governing England and managing essential functions.

In the English feudal system, individuals holding land (tenants-in-chief) were granted rights by the crown, but this ownership was temporary and limited, making them essentially tenants rather than full owners.

The English feudal system aimed to prevent the rise of powerful nobles by strategically placing the largest feudal estates near the kingdom's borders, where they could be constantly engaged in defending against enemies and potential challengers.

The Exchequer, a supreme treasury established in 1110-1135, became central to managing and collecting taxes in English governance.

William the Conqueror's feudal system ensured the collection of taxes and granted the king control over nobles holding territories within the kingdom.

Through the feudal system, William the Conqueror implemented control over his loyal followers, who held land in exchange for services and payments. This system ensured payment of funds to the king and provided him with the means to manage his realm.

By granting land to loyal followers in exchange for services and payments, William the Conqueror was able to establish a powerful and well-organized army, as well as generate revenue to fund his government. This feudal system ensured both stability and financial resources for the king.

A legal system where judges create laws through their decisions in specific cases. It's based on the concept of precedent, where decisions made in previous similar cases are used as guidance for future rulings.

The principle that past decisions in similar cases should be followed as a guide for future rulings. It's the foundation of common law systems.

The idea that common law is developed through the resolution of individual cases, rather than starting with abstract legal principles. This can lead to specific rulings based on unique circumstances.

The principle that a remedy (solution) for a legal problem is available even if there is no existing law covering the particular issue. The remedy itself can create a new law.

A group of lawyers in London, historically responsible for training and educating future lawyers. They would apprentice under experienced barristers.

A legal professional who practices in court, arguing cases on behalf of clients. They were traditionally trained under a master barrister.

A practical method of learning law by observing experienced barristers in court and taking notes on their actions and decisions. It involved learning by doing rather than theoretical study.

A mock legal procedure used by students in Inns of Court to develop their skills in legal argumentation and presentation.

Lawyers who deal directly with clients, providing legal advice and handling legal matters outside of court.

A process where judges are chosen from the ranks of experienced barristers, based on their expertise and reputation. It's a system of recognition and merit.