3 Types of Legal Systems
Common law courts are adversarial; That is, there is an attitude where the winner takes everything in court. In an adversarial system, each party determines the issues and questions that the court must resolve, conducts its own investigation, and prepares and presents its own evidence. Each party calls witnesses who are questioned directly and cross-examined. Each page highlights information that it deems relevant to prove its point of view. In criminal proceedings, police and prosecutors work closely together to determine their position with government resources. Defendants must rely on their own resources to defend themselves against charges by hiring a lawyer or appointing a court-appointed lawyer. In a civil case, the procedures are similar; However, each party must rely on its resources to prove its point of view. When a jury is present, it decides on all substantive matters, while the judge determines the legal issues and moderates the proceedings. In some cases, the judge may act as an investigator rather than a jury. courts specific to the underlying codes – therefore, there are generally separate constitutional, administrative and civil judicial systems that ensure and interpret the consistency of legislation and administrative acts with that specific code; In the United States, certain customary tribal laws can be applied to tribal lands recognized by the U.S.
government.56 However, the U.S. government exercises some control over tribal justice systems in the United States. There is a growing global movement to recognize tribal autonomy and customary legal systems.57 For example, in New Zealand, part of Maori customary law is now recognized.58 In many civil law countries, a separate administrative law governs PPP agreements. It is important to seek legal advice on the ground to see if these rules apply in a particular civil system. It is also important to note that in a civil jurisdiction, unless the contract provides that the parties have agreed to arbitration, the contract will be performed by the administrative courts. Some of the main administrative provisions applicable to delegated administrative arrangements are listed below. In some civil law systems, for example: in Germany, the writings of jurists have a considerable influence on the courts; Andorra, a small country in the Pyrenees bordering Spain and France, relies in part on customary law. In Andorra, the sources of customary law include canon law, canon law of the Catholic Church, Castilian law, French law and Roman law. Andorra was invaded at different times in its history and under the control of other European powers, and the Andorran legal system now reflects elements of the laws of each invader. Today, Andorra is a parliamentary co-principality between the President of the France and the Roman Catholic Bishop of Catalonia (Urgell).
Andorra also has an elected parliament that can enact new laws.52 For an incomplete list of countries with customary and civil law, see World Legal Systems on Wikipedia The island of Guernsey is another example of customary law. Although it is one of the Channel Islands off the coast of England, Guernsey is not part of the United Kingdom. Guernsey`s legal system derives from the medieval power of the monarch, the Duke of Normandy.53 The former Duchy of Normandy Act is an influential source of law in Guernsey. The laws of the Duchy developed into two periods, the Old Custom of 1199-1538 and the Reformed Custom of 1538-1804.54 Guernsey`s legal system also includes elements of English common law and modern law promulgated by the island`s elected legislature. Guernsey enjoys almost complete autonomy over its internal affairs, and the country determines many matters on the basis of old customary laws, with judicial officers and elected judges making decisions.55 The basis of the common law is tradition, past practices and legal precedents created by the courts through the interpretation of laws, legal laws and previous decisions. The common law seeks « interpretation by previous decisions of higher courts interpreting the same laws or applying established and customary principles of law to a similar set of facts. » Code Law is based on a global system of written rules (codes) of law. Under the Code Act, the legal system is generally divided into three distinct codes: commerce, civil law and criminal law. The civil law system, also known as the codified legal system, is based on a detailed set of laws that form a code. The rules governing the conduct of commercial transactions are part of the Code.
A common law system is less prescriptive than a civil law system. A government may therefore wish to include the protection of its citizens in specific legislation related to the planned infrastructure programme. For example, it may want to prohibit the service provider from interrupting the water or electricity supply to defaulting payers, or it may require that documents related to the transaction be disclosed in accordance with an access to information law. There may also be legal requirements that include equivalent tariff provisions in a contract when one party is in a much stronger negotiating position than the other. For more information, see Laws and Regulations. There are two main types of legal systems in the world, with most countries adopting characteristics of one or the other in their own legal systems, common law and civil law. This video discusses precedents and their importance in common law systems. Civil law is the system used in most countries of the world, including Angola, Benin and the Central African Republic. It was first used in the Roman Empire before spreading throughout Europe.
The main feature of civil law is codification. It is the use of written laws, called laws, to govern society. These statutes are subject to change. When this happens, it is called a change. However, they are often treated as if they were permanent. Judges decide on the outcome of court cases on the basis of what is written in the statutes of their country. Lawyers who have a thorough knowledge of the laws therefore have the power to interpret them and plead cases on the basis of their own interpretation. Here is a complete list of countries that base their legal systems on codified civil law: Note that before discussing the different legal systems, it is important to distinguish between what the term civil law means in the context of legal systems and what it means in terms of civil and criminal law. The law can be confusing. Lawyers, judges and religious leaders have the power to interpret the law.
So they have the power to influence our lives. However, knowing what legal system is used in a country helps us understand who has the legal power and where their power comes from. This knowledge gives us the power to question the authority of the law itself. Religious law refers to the idea that a religious system or document is used as a legal source, although the methodology used varies. For example, the use of Judaism and Halakha for public law has a static and immutable quality that prevents change through legislative acts of government or development through judicial precedents; Christian canon law is similar to civil law in its use of codes; and Islamic Sharia (and fiqh jurisprudence) is based on legal precedents and analogous arguments (qiyas) and is therefore considered similar to the common law. [21] The common law refers to the law developed by judges through decisions of similar courts and tribunals (so-called jurisprudence), rather than through legislative legislation or executive measures, and the corresponding legal systems based on precedents. Customary law is a system based on long-standing traditions in a particular community. Traditions are so deeply rooted in society that the courts recognize them as enforceable rules. However, customary laws are rarely interpreted and enforced by the government. Instead, the group`s selected leaders usually implement customary rights. Therefore, customary rights are generally not written down and are only disclosed to group members.
Today, customary rights are found in gated and isolated communities in combination with general or civil systems, so they can exist alongside government systems in a hybrid system. A contract that takes up a substantive administrative principle and specifies exactly how it is to be applied will generally be effective.
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