Explore tens of thousands of sets crafted by our community.
Common Law versus Civil Law
20
Flashcards
0/20
Inquisitorial System
The inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, typical of Civil Law jurisdictions.
Napoleonic Code
The Napoleonic Code is the French civil code established under Napoléon I in 1804, which strongly influenced the legal systems of many other countries.
Statutory Law
Statutory Law is written law set down by a legislature or other governing authority, in contrast to oral or customary law.
Corpus Juris Civilis
The Corpus Juris Civilis is a collection of fundamental works in Roman law compiled by order of Byzantine Emperor Justinian in the 6th century, which heavily influenced Civil Law.
Civil Law
Civil Law is a legal system that originated in Continental Europe and is characterized by a comprehensive set of codified legal rules that courts apply to individual cases.
Legal Precedent
A legal precedent is a principle or rule established in a previous legal case that can be persuasive or binding for a court when deciding subsequent cases with similar issues or facts.
Judge's Role in Civil Law
In Civil Law, the judge has a more active role in determining the facts, guiding the proceedings, and doing some of the investigation.
Common Law
Common Law is a legal system that originated in England and is characterized by the doctrine of precedent, meaning that judges' decisions in earlier cases are binding in future cases.
Case Law
Case Law consists of the collection of past legal decisions written by courts and similar tribunals, which guide future rulings.
Anglo-American Legal System
The Anglo-American Legal System, another term for Common Law, is a body of law that tends to rely on the judicial decisions of courts and tribunals, used in the UK and the USA.
Magna Carta
The Magna Carta is a charter of liberties to which the English barons forced King John to give his assent in 1215, and it is a foundational document for the development of Common Law.
Legal Codes
Legal codes are comprehensive and systematic collections of interrelated articles, arranged by subject matter, that clarify the laws in Civil Law systems.
Adversarial System
The adversarial system is a legal system used in Common Law countries where two advocates represent their parties' positions before an impartial person or group of people.
Judge's Role in Common Law
In Common Law, the judge acts as a neutral arbiter who applies the law to facts found by a jury or by the judge themselves if a jury is not present.
Common Law Marriage
Common Law Marriage is an informal type of marriage recognized in some jurisdictions, which is established by cohabitation and holding out to the public as married without a formal ceremony.
Jury System
The jury system is a legal proceeding where a group of people (the jury) is tasked with making a decision in a legal case, more typical of Common Law jurisdictions.
Continental Legal System
The Continental Legal System, synonymous with Civil Law, refers to a principle-based legal system that is widespread in Europe and other parts of the world, drawing heavily from Roman law.
Doctrine of Precedent
The doctrine of precedent, also known as stare decisis, requires courts to follow the rulings of previous cases in similar circumstances.
Equity Law
Equity Law is a branch of law that was developed in England to supplement Common Law when remedies were insufficient and is based on principles of fairness and justice.
Codification
Codification in Civil Law refers to the process of assembling laws and statutes into a single comprehensive legal code.
© Hypatia.Tech. 2024 All rights reserved.