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Part 2 - Group 2
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- The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law.
- Civil law in other European nations, on the other hand, is generally traced back to the code of laws compiled by the Roman Emperor Justinian around 600 C.E. Authoritative legal codes with roots in these laws (or others) then developed over many centuries in various countries, leading to similar legal systems, each with their own sets of laws.
- What is the history of civil law?
- That's right!
- In common law, there is a doctrine, which is relied upon by common law attorneys trying to prove their cases. Stare decisis is the name of this doctrine. Under stare decisis, a common law judge must look to prior decisions that are similar and base their decisions on the precedent. If a judge fails to follow prior decisions in a similar matter, the judge's decision is likely to be overturned later on in the legal process. Conversely, when cases do not have any precedent, it is called a case of first impression. In these instances, a judge must look to related laws, as well as the particular facts and circumstances, in order to make a decision. As a result, the doctrine of stare decisis will not apply to a case of first impression.
- Another type of legal system is Common Law,Common law is law that is derived from judicial decisions instead of from statutes. American courts originally fashioned common law rules based on English common law until the American legal system was sufficiently mature to create common law rules either from direct precedent or by analogy to comparable areas of decided law.
- Common law places an emphasis on precedent while allowing some freedom for interpretation. The value of a common-law system is that the law can be adapted to situations that were not contemplated at that time by the legislature.
- And that would be all about the Different Legal Systems. Thank you!
- The last Legal system is the Soviet law, Law that developed in the Soviet Union after the Russian Revolution of 1917 and that, after World War II, was assimilated by other communist states. Legislative enactments, including the constitution of the U.S.S.R., were the principal sources of law in the Soviet legal system; these were then elaborated in codes of statutes by each union republic. No distinction between public and private law existed; all legal matters involved the state. Law was generally thought of as a force for restructuring society and advancing the nation toward communism. Also known as socialist law, it was based on the writings of Karl Marx and Friedrich Engels. In addition to criminal and civil offenses, “administrative offenses” constituted a large proportion of cases and were dealt with outside the court system.
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