Common Law Vs Civil Law Essay

In today’s world, there are only two major legal traditions. Most countries implement either common law or civil law. Common law originates in England during the Middle Ages and adopted by British colonies across the world. Generally, common law is not codified but rather relies on precedent. Therefore most judicial decisions have already been made in similar cases and eliminates the need for comprehensive and continuously updated legal codes. Civil law is a concept that originally emerges from Europe, fundamentally based upon Roman law. The idea of unifying all law into one system is quite an old one. There have been significant development in the Western world. Specifically, the Code of Justinian sets forth the groundwork for the single largest legal reform of the modern age, the Napoleonic Code. The process of codifying a body of laws is to summarize and systemize them, so that the laws become more clear. Normally, civil law tends to stray away from definitive laws and relies on general principles that may be interpreted by the judge. It heavily depends on the judges to interpret each case and apply the necessary laws accordingly. A principal component of civil law is the codification. The earliest example of codification can be traced back to ancient Babylon with the creation of the Code of Hammurabi.

Sesamware is a Japanese software company which is very popular for open source software. Sesamware got international approval with an online multiplayer fantasy dimension game, Para World in mid-1990. Para world was very popular in the world between 2001 and 2004. Firstly, it was installed as part of the bundle downloaded by hundreds of millions of gamers around the globe. The open source code helped to easily adapt every facet of computer life for all platforms and operating, networking, navigation and security systems.

1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

Please answer the questions posed at the end of each case study in essay form.  Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

To begin, common law originated in Medieval England in the time of King Henry II. The practice developed sending circuit judges from the King’s central court to travel throughout England to hear the various disputes. The aim of these courts (assizes) was to add consistency and fairness to the legal system. Alongside the traveling courts King Henry also established the jury system. Over time these judges recorded the information of each case they heard as well as the decisions and punishments that were ordered. This is known as case law or common law. This began a justice system that relied on the principle of stare decisis or “to stand by the decision”. This principle developed into the rule of precedent which was used to apply the previous decision to a case with similar circumstance. This system was used throughout the country and thus was known as common law. As the English began colonizing Canada they brought their legal systems with them, which greatly influenced today’s legal system.

Common law is law originating from use and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making (Schmalleger). The judge

Professor Compagnoni effectively outlined the characteristics of different legal systems in Class IV, and rereading her class slides was helpful in understanding the subtleties of legal system associated with my source text, French Civil Law, based on the Napoleonic code (code civil of 1804). I then related that to the legal system as it functions in Canada, making note of the most prominent differences, and being cognizant of those as I embarked upon my translation. N.B.: In my view, the term "legal system" refers to the nature and content of the law generally, and the structures and methods whereby it is legislated upon, adjudicated upon and administered, within a given jurisdiction. Common law and civil law legal traditions share similar social objectives (individualism, liberalism and personal rights), but they diverge in several key areas.

This paragraph will take about the comparison between common law and civil law in legal system. First of all, the common law in legal system is group of laws that not have been written. This law set upon from the parliament and old law. Also, in common law there are no separates laws. Second, the civil law in legal system is group of law have been written and separates between the law. Moreover, it was very popular

Most nations today follow one of two major legal traditions; Common law tradition or civil law tradition. The Common law is a body of law bases on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. The common law traditions emerged in England during the middle ages and was applied within the British colonies across continents.

The U.S law is comprised of 4 major sources which cover different fields in the U.S legal system. Alike many other countries, the U.S also abides by the common law. Common laws are made up of general rules, customs, and experiences, which have already occurred in the judicial system. The common law provides a fair and constant guideline for individuals in society and in the legal system to follow by. Constitutional laws are those that are expressed in the U.S Constitution and explain the powers and limits that the government has. Although some state constitutions share the same laws that the U.S constitution enforce, certain states vary and provide larger rights to their citizens. Unlike the common law, statutory laws are written laws that

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.