UNIT 2 Legal Systems of the World Sources

UNIT 2 Legal Systems of the World Sources and Varieties of English Law

Legal Systems of the World

Legal Systems of the World Major legal systems: 1. CIVIL LAW 2. COMMON LAW 1. RELIGIOUS LAW

Legal systems of the world CIVIL LAW (continental law) - most widespread system, based on Roman Law (French, German Scandinavian) - Main source : enacted laws (codes/statutes) – passed by legislature - laws provide general principles and guidelines which are applied in each case COMMON LAW (Anglo-Saxon law) - developed in England in the 11 th century – UK, Ireland, USA (except Louisiana), Canada (except Quebec), Australia, India, Hong Kong - Sources of common law: a) ancient customs, b) judicial precedents (previous court rulings) c) enacted laws - does not provide general principles, but court rulings

Legal systems of the world RELIGIOUS LAW - Main source: a religious system or document - usually follows the principles of either civil or common - Sharia in Islam; Halakha in Judaism - Afghanistan, Saudi Arabia, Oman Libya … LEGAL SYSTEMS – often combinations of two or more systems Israel (common, civil, Jewish), Cyprus, Louisiana (French civil + common - federal laws; Scotland – civil + common)

Common law vs. Civil law The common-law legal system contrasts strongly with the civil-law legal system of Continental countries. Read the following pieces of information and decide which type of legal system they apply to. A central importance of enacted law/central importance of precedent B from general rules to particular cases/from individual cases to general rules C principles are flexible/principles are based on real facts/ in time fixed principles may not correspond to changing circumstances / principles develop in individual cases/ general enacted principles are applied to individual cases Common law A Basic characteristics of the system B Style of legal reasoning C Legal principles Continental law

The United Kingdom How do you understand the following geografical names? Wales Great Britain The British Isles England Scotland Northern Ireland United Kingdom Ireland

The United Kingdom of Great Britain and Northern Ireland ENGLAND NORTHERN IRELAND WALES SCOTLAND (Great Britain) The Republic of Ireland = a separate state

UK judicial system UK – a unitary state made up of several separate jurisdictions - no single unified judicial system UK judicial system legal system of England Wales legal system of Scotland legal system of Northern Ireland - substantial identity on many points - considerable differences in law and in procedure

Sources of English law English legal system = common law legal system English law – no unified structure ENGLISH LAW ANCIENT CUSTOMS JUDICIAL PRECEDENTS EQUITY ENACTED LAW (Acts of Parliament) EUROPEAN LAW CUSTOM = unwritten law established by long use JUDICIAL PRECEDENT = a legal decision in a previous case which is considered as an authoritative rule or pattern in future similar or analogous cases ENACTED LAW = written law made by Parliament or another legislative body

COMMON LAW and EQUITY - two parallel systems of justice which exist side by side in English law COMMON LAW (as a source of law) - part of law formulated, developed and administered by the old common law courts; based on the common customs of the country - UNWRITTEN EQUITY - grew up from the practice of medieval Lord Chancellors; administered by the Court of Chancery (Lord Chancellors were not bound by judicial precedents of common law cvourts) - purpose – to add to or supplement common-law rules in cases where these were too rigid to give justice (litigants were dissatisfied withe remedies of common law courts) - gradually became more rigid; 1873 – fused with common law; since then administered by the same courts - now – an indistinguishable part of English law

Principal divisions of English law I according to the territory on which it is applied 1. DOMESTIC LAW 2. INTERNATIONAL LAW II according to the parties involved 1. PRIVATE LAW – areas of law involving private citizens 2. PUBLIC LAW – areas of law in which the state has a direct interest

Sources and Varieties of English Law - Reading comprehension I Read quickly the text to decide which heading goes with which paragraph of the text. (1) (2) (3) (4) Common law Branches of English law English common law and Roman law No unified structure of English law/ Equity and common law II Read the text once again in more detail and do comprehension check exercises on pages 8 and 9.

Sources and Varieties of English Law - Exercises I Match the words from BOX A and BOX B below which are most closely connected. What is the connection between each pair of words? BOX A BOX B 1. case law 2. justice 3. Lord Chancellor 4. common law 5. custom 6. Parliament a) equity b) legislator c) case law d) law reports e) Equity f) usage

Sources and Varieties of English Law - Exercises Complete the following passage. For each blank space choose the correct word from the list below. Use each word once only. The Importance of Legislation as a Source in English and Continental Law In many (1) continental countries much of the law is (2)_____. For this reason there is more written, or (3)_______ than (4) _______ law. In contrast, there is no general code of (5)________ law. Still, (6)______ is common, and many areas of law, e. g. (7)__________ are codified, but (8)_______ is the main source of the law. partnership, enacted, continental, unwritten, English, judicial precedent, legislation, codified

Match the following legal terms with their definitions: a court; a lawyer; a judicial precedent; enacted law; legislation; a judge; the constitution; parliament =a written law made by Parliament or another legislative body =a place where justice is administered =the system of fundamental principles according to which a nation, state, corporation, or the like, is governed =making or enacting laws =a public officer authorized to hear and decide cases in a court of law =a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters =a legal decision in a previous case which is considered as an authoritative rule or pattern in future similar or analogous cases =a legislative body in various countries

Essential terms common law = 1. anglosaksonsko pravo (legal system) 2. englesko običajno pravo (a source of law) civil law = 1. kontinentalno pravo (legal system) 2. građansko pravo (branch of law) a custom = običaj Roman law = rimsko pravo the rules of equity = pravila/zakoni pravičnosti enacted law = pisano pravo, zakonski propis (koje donosi parlament) to enact = donijeti, propisati (od strane parlamenta) to legislate = donijeti/donositi zakone legislation = zakonodavstvo, donošenje zakona legislature = zakonodavno tijelo, zakonodavna vlast legislative = zakonodavni judicial precedent = sudski presedan criminal law = kazneno pravo; substantive law = materijalno pravo; family law = obiteljsko pravo; administrative law = upravno pravo; constitutional law = ustavno pravo; revenue law = financijsko pravo; adjectival (procedural) law = procesno pravo