Systems of Law
Every independent country has its own legal system. The systems vary ac- cording to each country's social traditions and form of government. But most systems can be classed as either (1) a common-law system or (2) a civil-law system. Australia, Ireland, New Zealand, Great Britain (except Scotland), the United States, and other English-speaking countries have a common-law sys- tem. Most other countries have a civil-law system. Many countries combine features of both systems.
Common-law systems are based largely on case law – that is, on court decisions. The common-law system began in England many hundreds of years ago. The English called their system the common law because it applied throughout the land.
English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decision on legal precedents that is, on earlier court rulings in similar cases. But judges could expand precedents to make them suit particular cases. They could also overrule (reject) any precedents that they considered to be an error or out- dated. In this way, judges changed many laws over the years. The common law thus came to be law made by judges.
Case law is still important in common-law countries. However, the law- making role of legislatures in these countries has increased greatly during the 1900s. The changes have dealt with such matters as employee management relations, workers' wages and hours, and environmental protection. Neverthe- less, common-law countries have kept the basic feature of the English legal system, which is the power of judges to make laws. In addition, constitutional law in these countries continues the common-law tradition of defending the people's rights and liberties.
Civil-law systems are based mainly on statutes (legislative acts). The ma- jority of civil-law countries have assembled their statutes into one or more carefully organized collections called codes. Most modern law codes can be traced back to the famous code commissioned by the Roman emperor Justin- ian I in the A.D. 500s. Justinian’s code updated and summarized the whole of Roman law. It was called the Corpus Juris Civilis, meaning Body of Civil Law. For this reason, legal systems that are based on the Roman system of statute and code law are known as civil-law systems. This use of the term civil law should not be confused with its use as an alternative term for criminal law.
In civil law countries, such as France, Germany, and Mexico, the statutes, not the courts, provide the final answer to any question of law. Judges may re- fer to precedents in making their decisions. But they must base every decision on a particular statute and not on precedent alone.
Other systems. Many countries have patterned their legal system after both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, espe- cially those that guarantee the rights and liberties of the people.
Task 1. Mark the statements which are true.
1. The legal system of the country depends greatly on its social traditions and form of government.
2. Court decisions form the basis of common-law systems.
3. Judges were forbidden to do anything with the precedent to make it suit a
particular case.
4. Erroneous and outdated precedents could be rejected by judges.
5. The role of legislature in lawmaking has decreased greatly.
6. Legislative acts form the basis of civil-law systems.
7. The minority of civil-law countries have assembled their statutes into
codes.
8. CivillawsystemsarebasedontheRomansystemofstatuteandcodelaw.
9. The USA and other English-speaking countries have a civil-law system.
10. The final decision to any question of law is provided by the courts in civil-law countries.
11. Among the countries which combine both civil law and common law are most Latin-American countries.
12. Common-law principles have influenced public law in these countries greatly.
Task 2. Complete the following sentences.
1. Legal systems can be classified as ... .
2. There are countries which combine ... .
3. Many years ago the common-law system ... .
4. Judges could expand precedents to ... .
5. In case any precedent was an error, judges could ... .
6. It is considered that common law countries have kept ... .
7. The role of legislatures in common-law countries ... .
8. The power of judges to make laws is ... .
9. Defending the people’s rights and liberties remains ... .
10. Codes are ... .
11. Civil-law systems are based on ... .
12. Every decision of judges should be based not only on ... .
Systems of Law
Every independent country has its own legal system. The systems vary ac- cording to each country's social traditions and form of government. But most systems can be classed as either (1) a common-law system or (2) a civil-law system. Australia, Ireland, New Zealand, Great Britain (except Scotland), the United States, and other English-speaking countries have a common-law sys- tem. Most other countries have a civil-law system. Many countries combine features of both systems.
Common-law systems are based largely on case law – that is, on court decisions. The common-law system began in England many hundreds of years ago. The English called their system the common law because it applied throughout the land.
English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decision on legal precedents that is, on earlier court rulings in similar cases. But judges could expand precedents to make them suit particular cases. They could also overrule (reject) any precedents that they considered to be an error or out- dated. In this way, judges changed many laws over the years. The common law thus came to be law made by judges.
Case law is still important in common-law countries. However, the law- making role of legislatures in these countries has increased greatly during the 1900s. The changes have dealt with such matters as employee management relations, workers' wages and hours, and environmental protection. Neverthe- less, common-law countries have kept the basic feature of the English legal system, which is the power of judges to make laws. In addition, constitutional law in these countries continues the common-law tradition of defending the people's rights and liberties.
Civil-law systems are based mainly on statutes (legislative acts). The ma- jority of civil-law countries have assembled their statutes into one or more carefully organized collections called codes. Most modern law codes can be traced back to the famous code commissioned by the Roman emperor Justin- ian I in the A.D. 500s. Justinian’s code updated and summarized the whole of Roman law. It was called the Corpus Juris Civilis, meaning Body of Civil Law. For this reason, legal systems that are based on the Roman system of statute and code law are known as civil-law systems. This use of the term civil law should not be confused with its use as an alternative term for criminal law.
In civil law countries, such as France, Germany, and Mexico, the statutes, not the courts, provide the final answer to any question of law. Judges may re- fer to precedents in making their decisions. But they must base every decision on a particular statute and not on precedent alone.
Other systems. Many countries have patterned their legal system after both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, espe- cially those that guarantee the rights and liberties of the people.
Task 1. Mark the statements which are true.
1. The legal system of the country depends greatly on its social traditions and form of government.
2. Court decisions form the basis of common-law systems.
3. Judges were forbidden to do anything with the precedent to make it suit a
particular case.
4. Erroneous and outdated precedents could be rejected by judges.
5. The role of legislature in lawmaking has decreased greatly.
6. Legislative acts form the basis of civil-law systems.
7. The minority of civil-law countries have assembled their statutes into
codes.
8. CivillawsystemsarebasedontheRomansystemofstatuteandcodelaw.
9. The USA and other English-speaking countries have a civil-law system.
10. The final decision to any question of law is provided by the courts in civil-law countries.
11. Among the countries which combine both civil law and common law are most Latin-American countries.
12. Common-law principles have influenced public law in these countries greatly.
Task 2. Complete the following sentences.
1. Legal systems can be classified as ... .
2. There are countries which combine ... .
3. Many years ago the common-law system ... .
4. Judges could expand precedents to ... .
5. In case any precedent was an error, judges could ... .
6. It is considered that common law countries have kept ... .
7. The role of legislatures in common-law countries ... .
8. The power of judges to make laws is ... .
9. Defending the people’s rights and liberties remains ... .
10. Codes are ... .
11. Civil-law systems are based on ... .
12. Every decision of judges should be based not only on ... .
Every independent country has its own legal system. The systems vary ac- cording to each country's social traditions and form of government. But most systems can be classed as either (1) a common-law system or (2) a civil-law system. Australia, Ireland, New Zealand, Great Britain (except Scotland), the United States, and other English-speaking countries have a common-law sys- tem. Most other countries have a civil-law system. Many countries combine features of both systems.
Common-law systems are based largely on case law – that is, on court decisions. The common-law system began in England many hundreds of years ago. The English called their system the common law because it applied throughout the land.
English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decision on legal precedents that is, on earlier court rulings in similar cases. But judges could expand precedents to make them suit particular cases. They could also overrule (reject) any precedents that they considered to be an error or out- dated. In this way, judges changed many laws over the years. The common law thus came to be law made by judges.
Case law is still important in common-law countries. However, the law- making role of legislatures in these countries has increased greatly during the 1900s. The changes have dealt with such matters as employee management relations, workers' wages and hours, and environmental protection. Neverthe- less, common-law countries have kept the basic feature of the English legal system, which is the power of judges to make laws. In addition, constitutional law in these countries continues the common-law tradition of defending the people's rights and liberties.
Civil-law systems are based mainly on statutes (legislative acts). The ma- jority of civil-law countries have assembled their statutes into one or more carefully organized collections called codes. Most modern law codes can be traced back to the famous code commissioned by the Roman emperor Justin- ian I in the A.D. 500s. Justinian’s code updated and summarized the whole of Roman law. It was called the Corpus Juris Civilis, meaning Body of Civil Law. For this reason, legal systems that are based on the Roman system of statute and code law are known as civil-law systems. This use of the term civil law should not be confused with its use as an alternative term for criminal law.
In civil law countries, such as France, Germany, and Mexico, the statutes, not the courts, provide the final answer to any question of law. Judges may re- fer to precedents in making their decisions. But they must base every decision on a particular statute and not on precedent alone.
Other systems. Many countries have patterned their legal system after both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, espe- cially those that guarantee the rights and liberties of the people.
Task 1. Mark the statements which are true.
1. The legal system of the country depends greatly on its social traditions and form of government.
2. Court decisions form the basis of common-law systems.
3. Judges were forbidden to do anything with the precedent to make it suit a
particular case.
4. Erroneous and outdated precedents could be rejected by judges.
5. The role of legislature in lawmaking has decreased greatly.
6. Legislative acts form the basis of civil-law systems.
7. The minority of civil-law countries have assembled their statutes into
codes.
8. CivillawsystemsarebasedontheRomansystemofstatuteandcodelaw.
9. The USA and other English-speaking countries have a civil-law system.
10. The final decision to any question of law is provided by the courts in civil-law countries.
11. Among the countries which combine both civil law and common law are most Latin-American countries.
12. Common-law principles have influenced public law in these countries greatly.
Task 2. Complete the following sentences.
1. Legal systems can be classified as ... .
2. There are countries which combine ... .
3. Many years ago the common-law system ... .
4. Judges could expand precedents to ... .
5. In case any precedent was an error, judges could ... .
6. It is considered that common law countries have kept ... .
7. The role of legislatures in common-law countries ... .
8. The power of judges to make laws is ... .
9. Defending the people’s rights and liberties remains ... .
10. Codes are ... .
11. Civil-law systems are based on ... .
12. Every decision of judges should be based not only on ... .
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Решение вопроса #38976
16.2 Кбайт 27 Мар 2023 в 20:36
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