EL 101
There are six kinds of legal systems that exist in different countries across the world today, which is civil law, common law, Islamic law, Sino – Soviet, Hindu and Talmudic. Civil law is also known as continental or Romano-Germanic legal systems. This law is the most widespread type of legal system in the world, which is applied in various countries across the world. Civil law is based on concepts and rules. The major feature of civil law systems is that the laws are organized into systematic written codes that are easily accessible to the citizens and the jurists. Civil law today is interpreted rather than developed or made by the judges in courts.
However, common law is different from civil law. Common law refers to laws that are developed by judges through decisions in courts that mostly rely on precedential case law. According to Chand (n.d.), “interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles of law to a similar set of facts”. In future cases, when parties disagree on the law, an idealized common law court looks back to past precedential decisions of relevant courts. If a similar case has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. This is known as stare decisis. However if the judge finds that the current case is fundamentally distinct from previous cases, judges have the right to make law by creating precedent. Therefore, the new decision will be bind for future courts.
Countries that are practicing common law are Ireland, and most of the United Kingdom, Australia, India, Pakistan, South Africa, Canada, Hong Kong, the United States and many other countries.
Islamic law is according to Muslim faith. Islamic law is also known as Sharia law. Islamic law is known for punishment which is the basis of the Islamic criminal system, and the discrimination against women. Another important characteristic of Muslim law is the
However, common law is different from civil law. Common law refers to laws that are developed by judges through decisions in courts that mostly rely on precedential case law. According to Chand (n.d.), “interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles of law to a similar set of facts”. In future cases, when parties disagree on the law, an idealized common law court looks back to past precedential decisions of relevant courts. If a similar case has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. This is known as stare decisis. However if the judge finds that the current case is fundamentally distinct from previous cases, judges have the right to make law by creating precedent. Therefore, the new decision will be bind for future courts.
Countries that are practicing common law are Ireland, and most of the United Kingdom, Australia, India, Pakistan, South Africa, Canada, Hong Kong, the United States and many other countries.
Islamic law is according to Muslim faith. Islamic law is also known as Sharia law. Islamic law is known for punishment which is the basis of the Islamic criminal system, and the discrimination against women. Another important characteristic of Muslim law is the
References: Chand, S. (n.d.). 3 Kinds of Legal Systems that exist in Different Countries across the world. Retrieved from http://www.yourarticlelibrary.com/law/3-kinds-of-legal-systems-that-exist-in-different-countries-across-the-world/5918/ Professor Carroll, A. (2013). What is Civil Law? Retrieved from https://www.law.lsu.edu/index.cfm?geaux=clo.whatis Velizadeh, A. (2010). Systems in the World. [Slideshare]. Retrieved from http://www.slideshare.net/guest52c665/the-legal-systems-of-the-world