COMPARATIVE LEGAL SYSTEMS Two major types of legal

COMPARATIVE LEGAL SYSTEMS Two major types of legal systems Common Law European Continental Law Anglo-American legal system Civil law system Case-law system Code-law system

COMPARATIVE LEGAL SYSTEMS Differences Common Law Doctrine of precedent The key is the courts’ decisions in actual cases that have been litigated in the past. Stare decisis – lat. “Let the decision stand” Continental Law Code The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature, to amend a code. Only legislative enactments are considered legally binding.

COMPARATIVE LEGAL SYSTEMS Differences Common Law The trial by jury Jury selection Guilty/not guilty – by jury Material part is explained by a judge Continental Law The trial by judge/judges Judge/judges make/s decisions A number of judges depends on a case

COMPARATIVE LEGAL SYSTEMS Differences Common Law 3. Distinction between “law” and “equity” Occurs only in civil cases, not in criminal The result of historical circumstances in England Continental Law