DROIT CIVIL ETRANGER

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Questions and Answers

What is the primary characteristic of the common law system as described?

It relies on deductive reasoning exclusively.

It is an inductive system based on analogy. (correct)

It requires unanimous decisions from judges.

It is based solely on statutes.

What role does the judge play when the existing rules do not apply to a case?

The judge must adhere strictly to existing rules.

The judge has the authority to modify the law. (correct)

The judge appeals to higher courts for decisions.

The judge dismisses the case entirely.

What is the significance of precedent in the common law system?

Precedents only influence decisions in minor cases.

Precedent allows any court to reject past decisions.

Once established, precedents bind different courts. (correct)

Precedents are only applicable in criminal law.

What distinguishes 'ratio decidendi' from 'obiter dictum'?

Ratio decidendi points to the legal basis for the decision. Signup and view all the answers

Why are decisions in common law systems typically longer and more detailed compared to those in other systems?

Judges reform precedents directly, requiring detailed explanations. Signup and view all the answers

What is essential to avoid superficiality in comparative law analysis?

Understanding the foreign legal system thoroughly Signup and view all the answers

How does learning a foreign law system benefit one’s understanding of their own legal system?

It allows for a greater understanding of different legal cultures Signup and view all the answers

What does 'foreign law' fundamentally refer to?

The systematic study of a different legal system Signup and view all the answers

What does civil law primarily signify?

A legal tradition and family among legal systems Signup and view all the answers

Which aspect distinguishes civil law from common law systems?

The use of codification as a central feature Signup and view all the answers

What is a key characteristic of the French civil law system?

It emphasizes a deductive reasoning approach Signup and view all the answers

What is a criticism of comparative law without knowledge of foreign law?

It may lead to a self-centered understanding of law. Signup and view all the answers

What document is required to bring a case before a judge?

Writ Signup and view all the answers

What was the main consequence of the proliferation of writs?

A crisis of common law procedures arose Signup and view all the answers

What type of solutions could commonly be applied by courts of common law?

Pecuniary compensation Signup and view all the answers

Who was responsible for overseeing requests for actions in equity before the establishment of the Court of Chancery?

The Chancellor Signup and view all the answers

What is meant by 'Actions in Equity'?

Moral requests made directly to the king Signup and view all the answers

What happens in the event of a conflict between an equity rule and a common law decision?

Equity takes precedence Signup and view all the answers

Why was the role of the Chancellor considered authoritative?

He was perceived as a moral authority Signup and view all the answers

What was the nature of the system established by the different courts competing in England?

A rich and complex legal system Signup and view all the answers

What is indicated by the phrase 'legal savvy' in the context of the legal systems?

Specialization in various aspects of law Signup and view all the answers

What were standard form writs primarily designed for?

To streamline frequently occurring legal issues Signup and view all the answers

What was the primary condition for individuals to hold land in the new feudal system?

They had to take an oath and perform specific services. Signup and view all the answers

Who ultimately owns all the land in England according to the feudal system described?

The crown as a representation of the state owns the land. Signup and view all the answers

What was the purpose of having the largest feudal estates located at the borders of the kingdom?

To defend against enemies and prevent powerful nobles from emerging. Signup and view all the answers

What characterizes the right of property held by citizens in the feudal system?

It is temporary and limited. Signup and view all the answers

What was the significance of the Curia Regis in the feudal system?

It helped the king manage various functions. Signup and view all the answers

What institution emerged between 1110-1135 to deal with tax-related matters?

The Exchequer. Signup and view all the answers

What was one of the methods used to ensure the king maintained control over nobles?

Requiring them to pay taxes and perform services. Signup and view all the answers

How were territories entrusted to others within the feudal system?

Based on loyalty and specific service agreements. Signup and view all the answers

What does the term 'the theory of the two bodies of the king' imply within this feudal context?

The king represents both the state and his personal authority. Signup and view all the answers

What is the primary focus of training for law students in England historically?

Observing barristers in court Signup and view all the answers

How are judges typically elected in the English legal system?

By fellow barristers based on merit Signup and view all the answers

What distinguishes solicitors from barristers in the English legal system?

Solicitors are often the ones in contact with clients, while barristers advocate in court Signup and view all the answers

What aspect of law education in England differs from the continental system?

It emphasizes practical application Signup and view all the answers

What term best describes English law in terms of its development?

Common law Signup and view all the answers

What role do 'INNS OF COURT' play in the legal education system in England?

They are organizations for practicing law Signup and view all the answers

In the context of common law, what does 'judge made law' refer to?

Laws derived from judges' rulings in individual cases Signup and view all the answers

What process allows law students to gain firsthand experience in court settings?

Apprenticeship under barristers Signup and view all the answers

What is meant by 'remedies precede law' in common law?

Legal remedies are established before any law is formulated Signup and view all the answers

What is one major characteristic of law instruction in English universities today?

It is heavily based on historical case studies Signup and view all the answers

Study Notes

Introduction to Foreign Civil Law

Foreign civil law is studied by defining what it is not
It is the study of a legal system in another country from a different perspective
It includes an element of extraneity, which means a factor connecting a legal situation to a foreign legal system
Studying a foreign legal system also involves studying the culture and values of the country in question
There is a universal aspect to law, although the application and expression of it varies by country
The study of foreign law is not the same as comparative law

Comparative Law

Comparative law is a legal methodology that looks for a common goal in understanding different legal systems
Comparative law looks to see what similar purposes or goals are achieved in different ways
Comparative law is goal-oriented

Civil Law

Civil law can be viewed as a legal tradition or legal family
It is often associated with continental legal systems that are codified and deductive
Civil law is sometimes used synonymously with private law
Civil law often deals with relationships between private individuals or entities

Common Law

Common law systems are judge-made
Judge's decisions set precedents for future cases
Common law is historically based
The common law system is typically more flexible than codified systems
Common law systems use a history-based approach to law

Common Law Historical and Practical Nature

Historical moment: Battle of Hastings, 1066, and the Norman Conquest
Early Common law structure included hides, thigths, and hundreds
Each region had its own customs and court system
These were not unified until 1066
Court of Kings Bench dealt with important political cases and King's petitions
Curia Regis was the king's court in early period
Common law systems started to evolve from a more procedural, localised aspect to a more unified system
Common law was initially based on analogy, specific individual cases and customs
A gradual movement towards unifying law and administration took shape through courts
New institutions were formed to help the king administer law, like exchequer.

Common law's importance of the Jury, practical and teaching methods

Jury initially acted as witnesses, members of the local population aiding in understanding the case
Common law cases tended to be simpler for the juries and judges to settle in comparison with civil codes and other more complex systems
Today, Common Law juries only exist for criminal trials
Training and research became important in the development of Common Law systems
Law in the English system is often taught through moot court exercises
Training in the Common Law traditionally occurred in London
There now exists a more sophisticated and varied range of teaching methods in modern common law systems.

Common Law: Statutory and judge-made law

Statutes (laws made by the parliament) complement judge-made law, forming a blended system
A statute is formed based on a specific question or topic
Judges often need to interpret statutes to fit situations and circumstances
There is interplay between statutory law and judge-made law.
Legal decisions are based on precedents or prior decisions
Judges work from prior instances, or similar cases to decide outcomes
Judge's reasoning is part of the law
There is an ongoing interplay between common law and statutory law in deciding current situations

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