Civil Law And Common Law System

1. Define civil and criminal law. Could these case facts give rise to a criminal, a civil case, or both? Explain your answer.

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.

During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the common law have known in public as customary law. In this assignment, me the author will describe the development of the UK system of common Law and Equity. Arguments about judge’s role in the development of legal principles will be made.

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)

This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.

Criminal law is better known about in the U.S. than Civil Law because criminal activity is usually publicized at a result of it being news and a civil cases are of private matter.

Venezuela is a country located on the Caribbean Coast on South America. Research proves that, Christopher Columbus discovered Venezuela in the year 1498 (Coleman, 2015, p.7). The country now consists roughly of about 33 million inhabitants, with about 23 states. Over the years Venezuela has had a large increase in crime in recent years and is now considered to be one of the most corrupt nations in the world. This is due to the extremely high murder rate and the problems in drug trafficking. Ultimately, further examination of Venezuela’s laws, courts, law enforcement, and prison will help to better understand the differences in their criminal justice system and the United States of America.

The term common law defines a legal system commonly known as common law legal system (Smith, L., 2011). Various countries manage the common law legal system since the English legal system models their legal system. The common law legal system handles matters such as jury trials, and presumption of innocence. The Uniform Commercial Code is a business law that provides delineation concerning the passage of the title from the seller to the buyer.

Common Law claims are mostly determined by tort laws. Employees wishing to sue their employer for workplace privacy may rely on privacy tort theories. Privacy tort is separated into four branches of action: 1) Intrusion upon seclusion or solitude, or into private affairs, 2) public disclosure of embarrassing private facts, 3) publicity which places a person in a false light in the public eye and 4) appropriation of name or likeness. Intrusion of privacy tort is often used in many court cases between employers and employees in the workplace ( Fazekas,2015).

consensus. Civil law systems are similar Common Law. Common law forms the basis of the law in most English-speaking countries. Civil law systems in most of the rest of the world work. In line with the democratic principle of the separation of powers, the French judiciary although its members are state employees is independent of the

On the other hand, Reichel (2005) states that civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed through the middle ages by medieval legal scholars. All in all, civil legal traditions are the primary source of law.

a.Ancient Roman Law involved a Criminal vs. Civil System in which involved things we see as hallmarks of our law today, such as fair representation in court, and fair consequences for crimes committed. Criminals were either punished in a court of law, or put to death, much like the death penalty or imprisonment of today.

Civil Code for all citizens of India. As it is a directive principle the Indian State should endeavor to

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

During the human life the people created a charisma which has significant control over people and it was about to protect human rights and to punish criminals. Through centuries this system has been improved and edited several times before becoming global guide for human being. The Interest of lawyers in legal systems and in comparative law has been matter of abundant ritual. Noticeably, the collection of rules guides us toward normative which gives us right to accomplish or to limit our duty. Majority of rules, whether legitimate, moral or just habitual are normative, placing in standards of performance to which we should follow if the rules have considerable impact on population [ ]. Moreover, unwritten regulations are also conserved in right way of control, so they are called morality and ethics. The complete purpose of rules is to set a peace in community and to govern every single movement in law and out of law. The government of society has got some amended and multifaceted rules which manage working circumstance, adjust leisure recreations and rule personal relationship [ ]. Mainly nowadays most of government of countries is using two main types of legal system like “Civil and Common Legal System”. Task description makes us lead research about differences of civil and common law in beginning of legality, development of rules, and current status over the states and inhabitants.