VARIOUS KINDS LEGAL SYSTEMS Various Kinds legal systems

  • Slides: 11
Download presentation
VARIOUS KINDS LEGAL SYSTEMS

VARIOUS KINDS LEGAL SYSTEMS

Various Kinds legal systems Civil law Mixed Law Religious Law Kinds of Legal System

Various Kinds legal systems Civil law Mixed Law Religious Law Kinds of Legal System Common Law Customary Law

 Civil Law. The civil law system is the most widespread legal system in

Civil Law. The civil law system is the most widespread legal system in the world. The distinguishing feature of the civil law system is that its legal authority is organized into written codes. The civil law system is derived from Roman law and is found in much of continental Europe, Central America, South America, and several other regions.

 Common Law. In contrast to the codified laws of the civil law system,

Common Law. In contrast to the codified laws of the civil law system, doctrines and rules developed over time by judges serve as “legal precedent” in the common law system. The common law system is derived from the English common law and is found in many parts of the English speaking world such as Australia, Canada, England, the United States, Wales, and other countries.

 Customary Law. Customary law is rooted in the customs of a community. Common

Customary Law. Customary law is rooted in the customs of a community. Common attributes of customary legal systems are that customs may be unwritten, customs govern social relations, and customs are widely accepted by the community’s members. Customary law systems are found in Africa, the Pacific Islands, and elsewhere.

 Religious Law. The religious law system is a legal system that is based

Religious Law. The religious law system is a legal system that is based on religious beliefs or texts. Islamic law (or Sharia law) is the most widespread religious law system, and it governs all aspects of public and private life. Islamic law systems are found throughout Africa, the Middle East, Central Asia, and South Asia, and their laws widely vary among Muslim countries.

 Mixed Law. Mixed law refers to a combination of elements of the legal

Mixed Law. Mixed law refers to a combination of elements of the legal systems described above. In the United States, the most noteworthy mixed law system is found in the State of Louisiana, which has elements of both civil law and common law.

 In Common Law systems, judicial opinions take precedence over other types of laws,

In Common Law systems, judicial opinions take precedence over other types of laws, including legislation. The United States government and 49 out of 50 states are Common Law jurisdictions. The U. S. inherited its Common Law tradition from the United Kingdom, just like many other former and current British protectorates and colonies

Key features of Common Law systems There may not be codified laws or a

Key features of Common Law systems There may not be codified laws or a written constitution (like the U. K. ). Judicial decisions are binding. An opinion of the highest court can only be overturned by the same high court, or through an act of the legislature. Extensive freedom of contract - few provisions are implied into the contract by law (although provisions seeking to protect private consumers may be implied). Generally, everything is permitted that is not expressly prohibited by law.

 In Civil Law jurisdictions, the primary source of law is a written code.

In Civil Law jurisdictions, the primary source of law is a written code. Features of a civil law system include: A written constitution based on specific codes (e. g. , civil code, codes on administrative law, tax law, constitutional law) which establishes basic rights and duties. Administrative law is usually less codified; administrative court judges tend to behave more like common law judges.

 Legislative acts (not judicial opinions) are considered binding for all. Judge-made law is

Legislative acts (not judicial opinions) are considered binding for all. Judge-made law is not a central focus in civil, criminal and commercial courts. Judges do tend to follow previous judicial decisions, while constitutional and administrative courts can nullify laws and regulations, and their decisions in such cases are binding for all