Podcast
Questions and Answers
Which of the following countries are known as 'common law' jurisdictions?
Which of the following countries are known as 'common law' jurisdictions?
- England and Wales (correct)
- Italy
- Germany
- France
Civil law systems are primarily based on Roman law and The Code Napoleon.
Civil law systems are primarily based on Roman law and The Code Napoleon.
True (A)
What is the primary characteristic that distinguishes civil law systems from common law systems?
What is the primary characteristic that distinguishes civil law systems from common law systems?
Codification
In a civil law system, judges primarily interpret and apply the ______, rather than creating new laws through precedent.
In a civil law system, judges primarily interpret and apply the ______, rather than creating new laws through precedent.
Which of these countries is an example of a mixed legal system?
Which of these countries is an example of a mixed legal system?
In a common law legal system, judicial decisions are non-binding and are always subject to change.
In a common law legal system, judicial decisions are non-binding and are always subject to change.
What is a primary goal of civil law systems in terms of legislation?
What is a primary goal of civil law systems in terms of legislation?
Which of the following is NOT a feature of common law?
Which of the following is NOT a feature of common law?
In common law, decisions made in higher courts can act as precedents for lower courts to follow.
In common law, decisions made in higher courts can act as precedents for lower courts to follow.
What is the term used to describe the procedure where a judge can cross-examine the defendant and witnesses in a court case?
What is the term used to describe the procedure where a judge can cross-examine the defendant and witnesses in a court case?
In common law, the absence of a legal code means it is referred to as __________.
In common law, the absence of a legal code means it is referred to as __________.
Match the following features of common law with their definitions:
Match the following features of common law with their definitions:
Flashcards
Common Law
Common Law
A legal system based on court decisions and precedents, not codified statutes.
Uncodified
Uncodified
Lack of a formal collection of statutes or legal codes in a legal system.
Judge-made Law
Judge-made Law
Law developed through judicial decisions rather than legislative enactments.
Precedent
Precedent
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Adversarial System
Adversarial System
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Legal System
Legal System
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Civil Law
Civil Law
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Religious Legal Systems
Religious Legal Systems
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Hybrid Legal Systems
Hybrid Legal Systems
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Codification
Codification
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Role of Judges in Civil Law
Role of Judges in Civil Law
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Judicial Precedents in Common Law
Judicial Precedents in Common Law
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Study Notes
Introduction to Legal Systems
- A legal system is a set of rules, procedures, and institutions in a country.
- National legal systems are categorized into civil law and common law systems.
Common Law
- England, Wales, New Zealand, and the USA use common law.
- It's rooted in English history and emphasizes judge-made law and precedent.
- There isn't a codified legal code.
- Judges play a central role in developing and interpreting the law through prior court decisions.
- Decisions from higher courts establish precedents that lower courts must follow.
Civil Law
- Germany, France, Italy, and the UAE employ civil law systems.
- It originates from Roman law and the Code Napoleon, a comprehensive code.
- Legal codes and statutes are the principle sources of law.
- Judges are responsible for applying and interpreting existing laws rather than creating new ones.
- An investigating judge is usually involved in fact-finding.
Other Legal Systems
- Religious legal systems, like Islamic law (Sharia), often address matters like crime, marriage, and inheritance alongside civil law.
- Mixed/hybrid systems combine civil law, common law, customary law, and/or religious law. An example is the United Arab Emirates, which applies Islamic law to personal matters but not all civil/criminal issues.
Key Features of Common Law
- Uncodified: No single, comprehensive code of laws.
- Judge-made law: Courts interpret and apply existing law, rather than creating entirely new laws.
- Precedent: Courts are bound by previous rulings in similar cases.
- Adversarial system: Legal proceedings involve opposing sides presenting their cases.
Key Features of Civil Law
- Codified: Laws are organized in comprehensive codes.
- Legislative emphasis: Statues are the primary source of law.
- Judge application/interpretation: Judges apply and interpret existing law.
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