Civil law system influenced by the Spanish and French Civil Code Common law and equity are legal systems whose sources are the decisions of judges in cases. In addition, each system will have a legislature that adopts new laws and statutes. The relationship between laws and court decisions can be complex. In some jurisdictions, these laws may override judicial decisions or codify the subject matter covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the constitution of the court permits the enactment of a particular law or provision of law, or what meaning is contained in the statutory provisions. Common law developed in England, influenced by Anglo-Saxon law and, to a much lesser extent, by the Norman conquest of England, which introduced legal concepts from Norman law, which in turn has its origins in Salic law. The common law was later inherited by the Commonwealth of Nations, and almost all former colonies of the British Empire adopted it (Malta is an exception). The doctrine of stare decisis, also known as jurisdiction or precedent of the courts, is the main difference with codified civil law systems. where applicable, Norwegian laws apply; only Norwegian laws expressly applicable to Svalbard will apply; the Svalbard Act and the Svalbard Environmental Protection Act and certain regulations apply only to Svalbard; the Spitsbergen Treaty and the Treaty of Svalbard grant certain rights to citizens and businesses of signatory states; As of June 2017, 45 countries had ratified the Svalbard Treaty, but legal systems vary widely from country to country, but generally follow civil or common law. At common law, precedents or court decisions are used to decide these cases. According to civil law, codified laws and regulations govern the country.
Some countries, such as South Africa, use a combination of civil and customary law. However, some of these legal systems are often and more correctly characterized as hybrid in nature: unlike the common law, civil law is a codified set of laws and statutes created by Parliament. In civil law, judicial authorities use the Civil Code to evaluate cases and make decisions. Civilian systems also clearly define the cases that can be brought before the courts, the procedures for handling claims, and the penalties for a crime. Both civil law and common law aim to achieve consistent results by applying the same standards of interpretation. European rulers, on the other hand, ruled according to Roman law and a set of rules issued by Emperor Justinian in the 6th century and rediscovered in 11th century Italy. Mit der Aufklärung des 18. In the nineteenth century, the rulers of various continental countries resorted to comprehensive legal systems. U.S. victims of crime generally do not have the formal right to participate directly in criminal proceedings; Their role is limited to testifying and repairing the proceedings as part of the final decision on the proceedings. Nevertheless, victims` enthusiasm or willingness to participate (or lack thereof) can greatly influence the prosecutor`s decision to pursue a case.
Cooperative victims are not a prerequisite for successful prosecutions (given the extensive number of evidentiary laws), but they often support an otherwise fragile case. Victims of crime in the United States can also bring a civil action against the defendant based on the same conduct at issue in the criminal case, although the remedies available are limited to civil damages. Interestingly, the role of private interests in law enforcement has made a comeback in the United States, as researchers have recently discussed the legitimacy of allowing private victims to fund investigations or prosecutions by public officials (Kennedy, 1997). There are several categories of non-monetary relief, the use of which varies from country to country. In contract law, countries fall into three groups with regard to the availability of certain benefits: (a) countries such as Germany and socialist systems where specific benefits are generally available, subject to exceptions; (b) countries such as France, which provide specific benefits for certain obligations, and (c) common law countries, including England and the United States. where a particular benefit constitutes an exceptional remedy available in certain circumstances. The main types of religious law are Sharia in Islam, Halakha in Judaism, and canon law in some Christian groups. In some cases, it is purely individual moral leadership, while in other cases it is intended and can serve as a basis for a country`s legal system; The latter was particularly common in the Middle Ages.
Again, simplifying considerably, here are the basic structures and differences between the two systems. Civil law system, except in rural areas of the north, where customary law known as the « Leke Code » still exists This entry contains the description of a country`s legal system. For a number of countries, a statement on judicial review of legislative acts is also included. The legal systems of almost all countries are generally based on elements of five main types: civil law (including French law, the Napoleonic Code, Roman law, Roman-Dutch law and Spanish law); common law (including U.S. law); Common law; mixed or pluralistic law; and religious law (including Islamic law). Another type of legal system – international law, which governs the conduct of independent nations in their relations with each other – is also discussed below. The following list describes these jurisdictions, the countries or regions of the world where these systems are applied, and a brief explanation of the origins and main features of each system. Civil Law – The most widely used type of legal system in the world, applied in various forms in about 150 countries. Also called European continental law, the civil law system derives primarily from the Roman Corpus Juris Civilus (Civil Law Corpus), a set of laws and legal interpretations compiled under the Eastern (Byzantine) Roman Emperor Justinian I between 528 and 565 AD. The main characteristic of civil law systems is that laws are organized into systematically written codes. In civil law, the sources recognized as authoritative are mainly legislation – especially codifications in constitutions or laws enacted by governments – and, secondly, customary law. In some countries, civil law systems are based on more than one code.
Common Law – A type of legal system, often synonymous with « English common law », which is the system from England and Wales to the United Kingdom and is also in force in about 80 countries that were once part of or influenced by the former British Empire. English common law reflects biblical influences as well as remnants of legal systems imposed by early conquerors such as the Romans, Anglo-Saxons and Normans. Some jurists attribute the formation of the English common law system to King Henry II (r. 1154-1189). Until the time of his reign, customary laws in the various seigneurial and ecclesiastical (ecclesiastical) jurisdictions of England were administered locally. Henry II established the royal court and decreed that laws were « customary » throughout the English Empire. The basis of English common law is the « legal precedent » – called stare decisis, which means « to stick to things decided ». In the English common law system, judges are largely bound in their decisions by rules and other doctrines developed and supplemented over time by judges of previous English courts. Common law – A type of legal system that serves as the foundation or has influenced current laws in about 40 countries – mostly in Africa, but also in the Pacific Islands, Europe, and the Middle East. The common law is also referred to as « primitive law, » « unwritten law, » « Aboriginal law, » and « popular law. » There is not a single history of customary law as found in Roman civil law, English common law, Islamic law or the Napoleonic Civil Code. The earliest legal systems of human society were common and generally developed in small agrarian and hunter-gatherer communities.
As the term implies, customary law is based on the customs of a community. The common characteristics of customary systems are that they are rarely written, that they embody an organized set of rules that govern social relations, and that they are accepted by members of the community. Although these legal systems provide for sanctions for violations of the law, the solution is conciliatory rather than punitive. A number of African states practiced customary law centuries before colonial influences. After colonization, these laws were written and incorporated to varying degrees into the legal systems imposed by their colonial powers. European Union Law – A sub-discipline of international law known as « supranational law » in which the rights of sovereign nations are restricted in relation to each other. Also known as European Union law or Community law, it is the unique and complex legal system that interacts with the laws of the 27 Member States of the European Union (EU). Like federal states, the EU legal system guarantees compliance by Member States due to the decentralised political nature of the Union.