Introduction to Legal Systems

Introduction to Legal Systems

• A legal system is a set of rules, procedures, and institutions operating within a country.
• National legal systems are broadly categorized into civil law and common law systems.

Common Law Systems

• England and Wales, New Zealand, and the United States are examples of common law systems.
• Common law emphasizes the role of judges in developing legal principles through precedents.

Civil Law Systems

• Germany, France, Italy, and the UAE are examples of civil law systems.
• Civil law emphasizes codified statutes as the primary source of law.

Other Legal Systems

• Religious legal systems, like Islamic law (Sharia), use religious principles for matters like crime, marriage, and inheritance. Afghanistan is an example.
• Mixed legal systems combine elements of civil and common law, or incorporate religious or customary law alongside civil law. The UAE employs Islamic law in personal matters, but not in civil or criminal law.

Legal Systems by Region

• A world map depicts global distribution of the various legal systems.

Civil Law System: Features and Origin

• Origin: Based on Roman law and the Code Napoleon, a comprehensive civil code developed in the 19th century.
• Codification: Emphasizes coded legislation (statutes) crafted by the legislature to solve legal disputes. Legislative enactments are considered binding.
• Role of Judges: Judges primarily interpret and apply the law. They aren't responsible for creating precedent. Investigative judges play a role in fact-finding.
• Certainty and Equity: Legal systems strive for clear, comprehensive, and coherent legislation. Judges sometimes use equity, but within clearly defined limits determined by the legislature.

Common Law System: Overview

• Overview: Not always characterized by a written constitution or codified law.
• Judicial Decisions: Binding precedent decisions of the highest courts are difficult to overturn and usually only changed through legislation.
• History: Originating in centuries of English history, common law emphasizes judges setting legal principles through court decisions, which build precedent.

Common Law Systems: Features

• Uncodified: No comprehensive, codified legal code.
• Judge-Made Law: Law is developed through judicial decisions.
• Precedent: Decisions from previous cases, bind future courts.
• Adversarial: Cases are presented through competing sides, often with lawyers representing each party with a neutral judge.

Features of Common Law: Uncodified

• Absence of Legal Code: Common law systems lack a formal, comprehensive legal code.
• Code as a Collection of Laws: Codes compile laws covering major areas of civil law.
• Common in other European Countries: This feature is shared with other European legal traditions.

Features of Common Law: Judge-Made Law

• Judges Create & Change Law: Judges develop and adjust the law through court decisions.
• Development of Common Law: The continuous development of legal doctrine from judicial precedents.
• Statute Takes Precedent Over Common Law: Statutory laws override common law in cases of conflict.

Features of Common Law: Precedent

• Courts Follow Earlier Cases: Courts adhere to previous decisions, especially in cases with similar facts.
• Decisions in Higher Courts Become Precedents: Decisions made in higher court jurisdictions become models for lower courts to emulate.
• Treating Similar Cases Similarly: Precedents aim to provide fairness and consistency in similar cases.

Features of Common Law: Adversarial

• Civil and Criminal Courts: Presented to judges who are neutral.
• Judge Neutral: Judges don't favor either party during a case.
• Decides on Evidence: Judges base their decisions solely on evidence presented before them.
• Inquisitorial Procedure in Civil Law Jurisdictions: Judges can examine defendants and witnesses. This contrasts with the adversarial system.