Podcast
Questions and Answers
What is a defining characteristic of the Civil Law System?
What is a defining characteristic of the Civil Law System?
- It relies heavily on case law decisions.
- It operates without a constitution.
- It is based on a collection of codified laws. (correct)
- It prioritizes individual legal interpretations.
Which legal system is primarily influenced by the British common law concept?
Which legal system is primarily influenced by the British common law concept?
- Customary Law System
- Civil Law System
- Common Law System (correct)
- Religious Law System
What primary challenge do lawyers in a Common Law System face compared to those in a Civil Law System?
What primary challenge do lawyers in a Common Law System face compared to those in a Civil Law System?
- Limited access to codified laws.
- A simplified reliance on abstract legal principles.
- A significantly larger amount of case law research. (correct)
- Less time-consuming research processes.
How has digitization impacted lawyers in the Common Law System?
How has digitization impacted lawyers in the Common Law System?
What type of laws do lawyers in Switzerland primarily apply?
What type of laws do lawyers in Switzerland primarily apply?
What recent trend has occurred in the legal research practices of Swiss lawyers?
What recent trend has occurred in the legal research practices of Swiss lawyers?
The Civil Law System is also referred to as which other name?
The Civil Law System is also referred to as which other name?
What is the primary source of legal authority in the Civil Law System?
What is the primary source of legal authority in the Civil Law System?
Flashcards
Civil Law System
Civil Law System
A legal system based on Roman law, where laws are defined in general, abstract rules and codified into legal collections.
Common Law System
Common Law System
A legal system based on British common law, where precedent cases (judgements) are heavily considered, and there is less focus on codified laws.
Codification
Codification
The process of compiling laws and legal rules into a systematic collection.
Case Law
Case Law
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Federal Supreme Court
Federal Supreme Court
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Cantonal Court
Cantonal Court
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Legal Precedent
Legal Precedent
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Digitization
Digitization
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Study Notes
Legal Systems Overview
- Five distinct legal systems exist globally.
- Examples of these systems include Civil Law, Common Law.
Civil Law System (Statute Law System)
- Rooted in Roman Law, initially in Rome then throughout the Roman Empire.
- Characterized by general, abstract legal rules codified into collections.
- Often referred to as the Statute Law System.
- Emphasizes codified law (Swiss Law).
- Includes a constitution.
Common Law System (Case Law System)
- Originated from British common law.
- Relies less on codified law and more on court decisions.
- Emphasises judicial precedent and case law.
- Provides examples (Copyright Act).
Impact on Legal Professionals
- Common Law: Requires extensive research of past court cases for legal work (US lawyers)
- Civil Law (Statute Law): Primaries applies codified law then relevant supplementary court decisions (Swiss lawyers)
- Convergence trend: Digitization facilitates research in both systems.
- Modern Civil Law: Increased use of court decisions, including those from lower courts, for reference.
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Description
This quiz explores the five distinct legal systems that exist worldwide, focusing on Civil Law and Common Law. Participants will learn about the characteristics, origins, and implications of these systems on legal professionals. Test your knowledge on the differences and convergence trends between these legal frameworks.
