Unit 5 LEGAL SYSTEMS OF THE WORLD

Slides:



Advertisements
Similar presentations
Fundamentals of International Law Origins of International law.
Advertisements

Unit A: Basics of the Law Objective 01.01
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
BASICS OF THE AUSTRALIAN LEGAL SYSTEM FIRST YEAR SEMINAR 2013 JO MITCHELL.
1 CONSTITUTIONAL LAW 02 JUDICIAL REVIEW AND CONSTITUTIONAL INTERPRETATION Shigenori Matsui.
McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 1 Legal Foundations.
Where do our Laws Come From?. “Law” can best be described as a legal iceburg – a small portion is visible and easily described, but a large portion is.
Sources and Varieties of English Law
Common law as opposed to statutory law and regulatory law. Common law legal system as opposed to civil law legal system Legal English.
The Five Main Sources of U.S. Law
Group Members: 1.Trần Thanh Bình 2.Phạm Chí Thiện 3.Nguyễn Thanh Nhàn 4.Nguyễn Việt Hạnh Duyên.
Sources and Varieties of English Law
Section 1.1.
Constitutional Law CLN4U. Constitution A legal framework or guideline that: A legal framework or guideline that: Establishes how power and authority within.
The Significance of a Constitution and Constitutionality in a Democratic Society Unit 12.
Ethics and the Law Chapter 1.
Common Law. What is it? It refers to law and to the legal system developed through decisions of courts and similar tribunals (case law). It is law created.
Section 1.2.
The Constitution.
Sources of Law Chapter 5. Introduction American legal system is based on English law  Colonists who first came to the US were governed by the English.
Understand the origins of law. SOURCES OF AMERICAN LAW.
Chapter 1 The Legal and International Foundations.
Chapter Three Laws: Their Sources. Constitutional Law The federal government and each state have constitutions. Constitutions are documents whose primary.
 It is illegal to intentionally burp in church in Nevada. (Section Disturbing Religious Meetings)  Training a bear to wrestle is a felony in.
Unit A: Basics of the Law Understand the origins of law. 1.01b SOURCES OF AMERICAN LAW.
1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Sources of Law Section 1.2.
1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Defining Ethics Section 1.1.
The Federal Judicial System: Applying the Law Chapter 14.
Classifying Law Sources of Canadian Law. What do you think? 1.Which of these situations involve law? 2.Explain how the law is involved in the situations.
1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Defining Ethics Chapter 1: Ethics & Sources of Law.
Common law legal systems vs. Civil law legal systems.
Objective 1.00 Understand the Origins of Law SOURCES OF AMERICAN LAW.
The Law and the Courts. Section 1.1 The Foundations of Law.
Law and Legal Reasoning
Chapter 1 The Legal Environment
Unit 2 Sources and Varieties of English Law. English law  Which country does “English” refer to? England + Wales + Scotland = Great Britain England +
Section 1.1 The Foundations of Law Section 1.1 The Foundations of Law Morality refers to a society’s values and beliefs about right and wrong. Ethics.
1 Sources of Law 1 1.
CONSTITUTIONAL LAW OF FOREIGN COUNTRIES. THE CONCEPT, OBJECTS AND METHODS OF LEGAL REGULATION OF CONSTITUTIONAL LAW IN FOREIGN COUNTRIES  Constitutional.
1Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Defining Ethics Section 1.1.
State Courts Chapter 24 Section4. 2 Functions of State Courts 1. Settle Dispute (People Vs People/People Vs Government) 2. Exercise Judicial Review (Checking.
CHAPTER 1: LAW: PURPOSES AND SOURCES. Chapter 12 Learning Objectives: Definitions and Classifications of Law Sources of Law Case Law: Role of Precedent.
First: The legislative power The legislative branch of government is responsible for making and enacting the laws of the state and appropriating the money.
Ethics and the Law. Defining Ethics What You Will Learn How ethical decisions are made How ethical decisions are made When to apply the greatest good.
V. SOURCES OF LAW APPLICABLE TO FLORIDA CRIMINAL PROCEEDINGS
3rd Grade Government Vocabulary
Section 1.2.
International Business Law 罗惠铭
Administrative Law nd Year – Law Faculty
Unit A: Basics of the Law Objective 01.01
Unit A: Basics of the Law Objective 01.01
Hames/Ekern: Introduction to Law, 3rd edition
LEGAL SYSTEMS OF THE WORLD
Higher Politics CONSTITUTIONS.
CONSTITUTIONAL LAW.
The British Constitution
Unit 4 THE HISTORICAL DEVELOPMENT OF LAW
3rd Grade Government Vocabulary
LEGAL SYSTEMS OF THE WORLD
3rd Grade Government Vocabulary
Higher Politics CONSTITUTIONS.
Essentials of the Legal Environment today, 5E
SOURCES AND CATEGORIES OF LAW
Revision II.
Section 1.2.
Sources of Law Legislature – makes law Executive – enforces law
Constitutional Law CLN4U
The Legal Systems of The World
Higher Politics CONSTITUTIONS.
Presentation transcript:

Unit 5 LEGAL SYSTEMS OF THE WORLD Snježana Husinec, PhD; E-mail: shusinec@pravo.hr

Legal systems What constitutes a legal system of a state? Which factors, do you think, need to co-exist to form a legal system? Read the text and find the 5 factors. Translate the terms in bold into Croatian.

National legal systems = How significant is a constitution for some legal system? = How would you define a constitution?

National legal systems - Constitution CONSTITUTION = the body of fundamental doctrines and rules of a nation from which stem a) the duties and powers of the government and All other laws are based on it and have to b) the duties and rights of the people conform to / comply with it. WRITTEN CONSTITUTION = the constitution where the provisions are all contained in a single document formulated and adopted by a constituent assembly or a council or a legislature UNWRITTEN (uncodified) CONSTITUTION = the constitution found in several historical charters, laws and conventions; a product of slow and gradual evolution (the UK constitution consists of Acts of Parliament, court judgments, conventions)

Classification of legal systems = Based on what characteristics would you classify legal systems? = What types of legal systems do you know of?

Classification of legal systems The basic distinguishing elements which are used for the purpose of classification are: 1. Sources of the law (What can be the sources of law?) 2. Legal concepts and terminology (Do you know of any typical concepts of our / civil law legal system?) 3. Historical development (Which legal traditions do the present-day legal systems stem from?) Answer the questions in brackets. Read the paragraph entitled Classification of legal systems and check your answers.

The main sources of law Sources of law = the origin of law or the methods for development of law CUSTOMS ______________________ Etc.

The main sources of law Sources of law = the origin of law or the methods for development of law CUSTOMS JUDICIAL DECISIONS (PRECEDENTS) LEGAL PRINCIPLES OPINIONS OF JURISTS STATUTORY LAW / LEGISLATION Etc

Civil law vs. Common law The common-law legal system contrasts strongly with the civil-law legal system of continental countries. Read the following facts and decide which type of legal system they apply to. A central importance of enacted law/central importance of precedent B principles develop in individual cases/general enacted principles are applied to individual cases C based on decisions of judges (precedents) / based on codes Civil law Common law A Basic characteristics of the system B Style of legal reasoning C Legal principles

Civil law vs. Common law Read the text and find the basic characteristic of civil and common law. Sources Law-making body Style of legal reasoning Role of judiciary Historical development Area Civil law legislative body (parliament or assembly) Interprets and enforces the law Common law From individual cases to general rules (inductive)

Civil law vs. Common law Read the text and find the basic characteristic of civil and common law. Main source of law Law-making body Style of legal reasoning Role of judiciary Historical development Area Civil law legislation / statutes / codified law legislative body (parliament or assembly) from general rules to particular cases (deductive) interprets and enforces the law Roman law Common law case law / judicial precedents courts from individual cases to general rules (inductive) creates and develops the law customs, judicial precedents / case law

Vocabulary practice Do ex IV on p. 35. Define the following legal terms and find their Croatian equivalents. 1. Case law 2. Code 3. Precedent 4. Enactment 5. Codification 6. Statute

Other Legal Traditions Which other legal traditions do you know of? What are their characteristics? Scan the text on p. 37 and 38 and find different legal traditions presented in it. 1. 2. 3. 4. 5. 6. Complete the table on p. 39 providing basic information about each of them. Which of them are religious and which secular?