Major Legal System
argumentative Essay
1423 words
Today there exist four major legal systems in the world, these systems being; common law, socialist law, civil law and Islamic law. All these systems differ from each other, most prominently in their court systems Common law is composed of three major characteristics, judge- made law, precedent and and uncodified regulation. In the United States the legal system that is used is common law. While most countries in the world either categorized themselves in either common law or civil law systems, the major difference between these two is there source of law.
A few of the major characteristics of the United States laws system are federalism, multiple sources of law, and judicial decisions If Americans had to possibility to choose under which
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In this essay, the author
- Explains that there are four major legal systems in the world, which differ from each other, most prominently in their court systems.
- Opines that americans would choose common law if they could choose between federalism, multiple sources of law, and judicial decisions.
- Explains that the common law system used in the united states can be traced back to medieval england. the king established courts that followed a general law of the land, rather than having each court have their own laws.
- Explains that there was a shift in the traditional english common law when americans adapted this system to the united states. judge-made law was replaced by legislative passed laws.
- Explains that common law is a judge-made law system because legislation is being developed by judges through decisions of courts.
- Explains that precedent provides stability, coherence, and predictability in the judicial system.
- Explains that uncodified rules and regulations form the last of the three major characteristics of common law.
- Analyzes how brown vs. board of education over threw plessy's ruling that separate is not equal. the court ruled that while both cases were similar, the evolving times and beliefs in american society no longer viewed separate but equal as true and just.
- Explains that the united states follows the common law system and states are obligated to follow the same set of laws found in the constitution.
- Explains that the u.s. constitution is the law of the land and the only form of law that applies to all states.
- Explains that judicial decisions are another major characteristic that forms the united states law system. written legislation is vastly important in the legal system of the us.
- Explains that judges in the common law system serve as "referees between lawyers". they make case-law, set precedent, and essentially decide on a case based on their interpretation of the law.
- Compares common law with civil law, which is a compilation of judicial opinions that act as laws.
- Compares the role of judges in the civil law system to that of a common law judge.
- Explains that unlike in common law courts in civil law, courts are not bound to follow previous judicial decisions.
It is the rulings made by previous courts are used as source that guides judges a lawyers in similar cases. Judges and lawyers turn to these precedents as a way to know how a case might turn out and as a way to advice a client. “Precedents are established in appellate court opinions, which discuss the legal questions in the case and examine previous court decisions.” (Neubauer, Mienhold. Chapt.2.26) it is through the accumulation of precedent that laws are employed and policy is derived from court rulings. “Precedent provides stability, coherence, and predictability.” (Neubauer, Mienhold. Chapt.2. 27) it is coherent is such ways that it allows fluidity in the judicial system it is just because it allows for two similar cases to be tried in similar …show more content…
They are able to make case-law, set precedent and essentially decide on a case based on their interpretation of a law. Judges in the United States are similar to referees because in theory they are to be neutral to both sides of the case and are there to ensure that both sides “playing” by the rules and following the guidelines. This is important because it makes the judge a “passive decision maker” (Neubauer, Meinhold,Chapt.2.29) One of the major characteristics of common law is the uncodified laws and regulations, it is a compilation of judicial opinions (precedent) that act as laws. In comparison Civil law is “a body of law characterized by a compilation is laws in writing.” (Neubauer, Meinhold. Chap.2.19) this code of laws serves as a solution for all disputes brought to the courts. The role of judges in the civil law system differs to the of the one in the common law system, while in the common law system a judge can be seen as the “referee” (www.diffen.com/difference/Civil_Law_vs_Common_Law ) in civil law judges take a more active role in the case. Similarly, as a lawyer would act in a common law court the judge in the civil law court is the inquisitor, the judge is the interpreter of the
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- The Civil Justice System And The Civil Law Systemopinion essayIf I was wrongfully accused of a crime, I believe that the Civil Law system would allow better opportunities for me to be properly acquitted. Today, there are two major social justice systems: Common Law system and Civil Law system. Although both systems have a desire to ultimately restore peace, serve justice, and punish offenders, the Civil Law system is more advantageous and equitable for its followers.
In this essay, the author
- Opines that the civil law system would allow better opportunities for them to be properly acquitted if they were wrongfully accused.
- Explains that the united states' constitution is a form of the common law system because it supports laws created by the legislature branch, supports precedent and allows legal interpretation.
- Explains that the civil law system is influenced by napoleon's code of statue and is inquisitorial. the use of precedent is useless because it is not binding or uniform.
- Opines that a civil law system would give them the best chance for justice because they believe the officials are held to higher standards.
- Opines that civil law officials are more focused on fact-finding and do not have as much freedom as officials in the common law.
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In this essay, the author
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- Explains that law is a very important aspect of our lives that lays down the principles of daily activities. there is no right or wrong definition of law, but it can be defined in various ways.
- Explains that england and wales share the same legal system, the english legal system, which is the basis of the common law.
- Explains that morality is what is right and wrong according to values or beliefs governing a community’s behaviour, and it is not fixed which means it can change over time.
- Explains that moral standards of a community influence the development of law, but law and morality overlap on major issues, and may differ on other matters.
- Explains that in today's society, a reliable legal system is needed in order to deal with disorder and conflicts.
- Explains that the right to a fair trial is an important right in all countries respecting the rule of law.
- Explains that the right of a fair trial applies to everyone and the court has the responsibility to uphold it.
- Explains that the trial must be held at the appointed time, in a language that is understood by the offender, to remain silent, have sufficient time and services to prepare the defense, receive free legal assistance, and have witnesses for and against you treated in the same way.
- Explains that the right to a fair trial goes ahead of matters being properly dealt with in the court hearing, and the whole legal procedure must be considered.
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In this essay, the author
- Explains that every nation has its own set of legal strategies to guide them in making important decisions. most nations follow either common or civil law.
- Explains that common law originated from northern europe during the middle ages and spread throughout england.
- Explains that common law is an adversarial system in which advocates represent their parties before facing a judge/jury.
- Explains that civil law traces back to the roman empire, where emperor justinian organized experts to simplify roman law into one body of law.
- Explains that civil law is an inquisitorial system based on investigating a case, whereas in common law, published judicial opinion is the main importance.
- Concludes that civil and common laws are the predominant legal systems in the world. most nations use one of these two types of legal traditions.
- Cites perell, p. m., "stare decisis and techniques of legal reasoning and legal argument".
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In this essay, the author
- Explains that english law is known as case law, which means they do not have particular documents which describe and keep the law. there are eight sources of law; judicial precedent, acts of parliament, and delegated legislation are suggested.
- Explains that judicial precedent is based on stare decisis, which means following with previous decisions.
- Explains how the defence of duress is likely to be applied, but it was overruled because of its obiter dicta. the judicial decision is fundamental in terms of deciding the judgement.
- Explains that judicial precedent is the most important source of english law, but disadvantages are inevitable.
- Explains that statute law is the commonest source of law since the 17th century. it applies to all or any combination of jurisdictions in the uk, while the range of judicial precedent is more limited.
- Explains that the majority of legislation is made under ity of government ministers, which is called delegated or secondary legislation.
- Explains that judicial precedent is the most important source of law, based on the doctrine of stare decisis. statutes are formed by the parliament with a long process.
- Concludes that both judicial precedent and acts of parliament are the most important sources of law and foundation of this country.
1940 wordsRead More - Common Law Code Essayexplanatory essayIn terms of civil law tradition countries, most judges have limited roles and court processes are driven by the legal code. Common law legal systems are rarer, and are adversarial; decisions tend to be based on precedent.
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- Explains that the role of legal code means legislation craft codes to hold substantial power because it is to be carried out and adjudicated as written. judges in a civil law tradition are mostly civil servants who lack the ability to interpret law.
- Explains america's system puts a defendant’s life, liberty, or property into consideration before taking away their freedom. individualism is the belief or idea of favoring individual freedom of action over collective or state control.
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In this essay, the author
- Explains that the doctrines of equity are said to be the cure for the rigidity and harshness of common law.
- Explains that in the common law legal system, laws are created by and refined by judicial formation. equity doctrines were developed and administered in england by the high court of chancery.
- Explains that the high court of chancery in england administered the equity system of justice in the exercise of its peculiar authority. the common law was viewed as a modern body of legal doctrine that served to add on the strong concepts of the old law.
- Explains that equity as a system of law was created to strike the balance between rule-making process and the need to achieve fair results in individual and separate circumstances.
- Explains that the equity system contributes significantly towards the development of law, especially in the areas of auxiliary (new procedures), exclusive, and concurrent jurisdictions.
- Explains that concurrent jurisdiction refers to the new wide range of remedies that the equity system developed for the enforcement of rights both at law and in equity.
- Explains the rise of new procedures created from discoveries by the court of chancery in documents, subpoena of witnesses, interrogates, and testimonies made on oath.
- Explains the new rights created by the court of chancery which the common law courts had failed to enforce.
- Explains that unlike equity, common law evolved over time as law courts considered various amounts of cases over a specified period of time, whereas equitable principles/maxims are more amenable to changes.
- Explains that equity regards the beneficiary as the true owner. this stems from the common law rules whereby the beneficiaries had no remedy to recover.
- Explains the maxims of equity, which states that one must come into equity with clean hands if he asks for help about someone else's actions but has acted wrongly.
- Explains that equity and law flow in the same channel and does not allow a path that is contract to law.
- Explains that equity marxism is a form of justice whereby the person who has been wronged has the stronger hand and can request legal remedy.
- Explains that equity delights in equality, where two people have an equal right, the property will be divided equally.
- Explains that equity provides stability for the english legal system, whereas the common law, due to its original unprincipled and loose application, led to serious instability and inconsistencies.
- Cites adéoyè, t. (2016). equity is a gloss on common law.
- Describes kenya law resource center's definition of equity, citing mah, c. l., and subrin, s.
1164 wordsRead More - Learning Criminal Law and English Common Lawexplanatory essayOn this first week I learned so much about how criminal law is evaluated, organized, and made. Also I learned about the English common law includes legislation, and a multitude of other legal norms that help on the evaluation of criminal laws, such as federal and state constitutions that are based on congress and state legislatures. It also includes how the lawmakers are made or changed by the judicial powers of review and how the judicial power interpret them.
In this essay, the author
- Explains how they learned about the english common law and other legal norms that help on the evaluation of criminal laws, such as federal and state constitutions.
- Explains that english common law in the past was based on the principle that the rulings made by the king's courts were made according to the common custom of the kingdom.
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917 wordsRead More - The English Legal Systemanalytical essayThe English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
In this essay, the author
- Explains that the english legal system is complex and there are many ways in which it can be influenced.
- Argues that in order to promote democracy in its current format there must be rule of law. the law-making process has fundamentally seperate divisions.
- Explains that common law is the concept that some core principles form the basis of the english legal system, with rulings from case to case developing predicedent.
- Explains that the judicracy has other ways of extending its influence to law-making, such as statutory interpretation. the courts have different rules as they might interpret unclear statutes.
- Explains that parliament has the power to allow others to make law through delegated (or subordinate) legislation.
- Explains that delegated legislation is important because it allows much more law reform than just parliament would be able to achieve. organisations such as the law commission, the law reform committee and the criminal law revision committee make recommendations for law change to parlimament.
- Explains parliamentary sovereignty as the concept that parliament is the highest legal authority in the uk. the uk has signed international treates that bind england to make its law compatable with other nations.
- Explains that smaller organisations can change the law via the judicracy or parliament, such as the suicide bill in the late 1950's. flexibility in law allows it to keep up with changing times.
- Explains that court rule committees are given delegated powers to govern procedure certain courts, such as criminal procedural rule committee, and professional regulatory bodies are sometimes given power.
- Explains that when a bill is being created, green paper may be published, which allows groups and organisations affected by law changes to give advice and comments back to the government before the changes being implimented.
- Explains that courts have some control over some legislation, allowing them to curb one of the core problems of delegation within a democracy.
- Cites the case of agricultural, horticultural and forestry industry training board v aylesbury mushrooms ltd, in which the minister of an organisation was given delegated powers, but failed to fulfill all the requirements for their use.
- Explains that the house of lords still has some representation for the judicracy, but is no longer the highest court, which allows legal matters to be applied to acts and legislation.
- Explains that the monarch could still use their power to influence either parliament or the judicracy, but this is done infrequently and normally on minor or government approved issues.
- Explains that parliament's cases tend to cover more general and public issues and will often have an external pressure, whether political, social or economical to encourage legislation.
- Explains that the supreme court fees order 2009 is a statutory instrument that changed the fees payable to the court. the judicracy uses more power to enable law-making.
- Analyzes how the quote presented from the english legal system, presents an extreme simplification of the powers both the judicracy and parliament possess.
- Explains that even parliament is held up against their own laws, and there are cases of individuals or organisations using the law to help an issue against parliament.
- Disagrees with the quote that the judicracy induces change in law in the legal system, although not as directly as parliament, which is obviously a nessacary in democracy.
1787 wordsRead More