stems back from as early as the 3rd century BC, it included various forms of law systems, from Roman law, Germanic and local customs, cannon law, and the international law merchant. Civil law is coded, encompassing all aspects of civil law, from procedural, to substantive and penal law. Civil law is reflected in decision making as it’s primarily legislative. Common Law is based on custom and practice, derived from English history, which is reflected in court decisions with the reliance of precedence
TO WHAT EXTENT, DO CHINESE COURTS ACCEPT PRECEDENTS AS A REFERENCE IN JUDICIAL DECISION-MAKING? In the course of globalization, there is a trend for legal systems in common law jurisdiction and civil law jurisdiction to learn and absorb the advantages from each other. In general, common law countries now have more codifications of statutes than before whereas civil law countries have become more active in promoting the use of precedents. As for the People Republic of China (hereafter “China” or
CATHOLIC UNIVERSITY OF EASTERN AFRICA LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI Faculty Vision: To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya, East Africa and beyond. OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers, judges and legislative think and do things according to the law.
Critically analyse the role of English commercial law in international commercial dealings Introduction English law, as well as courts and arbitration courts of England, are often applied in international transactions. English law is widely used throughout the world due to its clear, settled character. The English legal system has evolved over hundreds of years and continues to develop until now; it is characterized by flexibility and ability to adapt to changing conditions. This flexibility is
Both statutory interpretation and the Human Rights Act are a doctrine of precedent by which law is changed and justice is served. The doctrine of precedent is an essential principle of English legal system, which is a form of reasoning, interpreting and decision making formed by case law. It suggests that precedents not only have persuasive authority but must also be shadowed when similar situations arise. Any rule or principle declared by a higher court must be followed in future cases. In short
English Legal System: Characteristics and Sources Task Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development. Introduction The United Kingdom (UK) is one of the longest living monarchies in Europe and has the longest Parliament. In legislative terms, the UK is a non-federal state that is composed of three countries (England, Scotland and Northern Ireland) and one principality
2013 GROUP 6 – CLC35 1/1/2013 Role of Comparative Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification
jury of 12 members of public that have been selected. Cases within the crown court come from magistrates as they have greater power over decisions and outcomes when dealing with sentencing or convicting. The court of appeal within the criminal court system hears appeals from the crown
English Common Law English Common Law and Civil Law are very much a different way that countries apply the law. One of the main differences being that the Common law is largely based on precedent which means that that the decision that a judge needs to make was most likely already made in the similar case. Because Common law uses case law as their reference for future cases, judges have a huge role in making the Common Law to what it is today and what it will be like in the future. Precedents are
Judicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply 'a reason for deciding a particular issue as established by a judge in a previous case'.