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Common law as opposed to statutory law and regulatory law. Common law legal system as opposed to civil law legal system Legal English
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Common LAW Body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute system of law that prevails in England and in countries colonized by England Is more malleable then statutory law Is the law developed by judges trough decisions of courts and similar tribunals and its components to legal systems that rely on precedential case law Common law – the law of common people of England, with the meaning that it was common for all in application The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm the body of law based on judicial decisions and custom, as distinct from statute law the law of a state that is of general application, as distinct from regional customs
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Statutory law law can be found in two types of publications: compilations of statutes or codified laws the written law established by enactments expressing the will of the legislature, as distinguished from the unwritten law or common law Statutory laws are those made by the government of a country
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Regulatory law Or administrative law; Regulation refers to "controlling human or societal behavior by rules or restrictions” legal restrictions promulgated by a government authority, self-regulation, social regulation, co-regulation and market regulation; In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d'État as a court of last resort
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Differences between statutory law and common law Statutory lawCommon law 1.written law as decided by the legislature or other government agency; 2.Much more difficult to change; 3.How laws is created : those made by the government of a country. 1.Based on precedent or law case; 2.More malleable then statutory law; 3.New laws are created through the decisions made by judges.
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Common law system One of two major legal system in the world “Common law” – refers to all those legal system which have adopted the historical English legal system Under the common-law system, when a court decides and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters administered in the courts of England since the Middle Ages Common law and equity are systems of law whose sources are the decisions in cases by judgesequity the doctrine of precedent developed.
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Civil law system Entire system of law that currently applies to most Western European countries, Latin America, large parts of Africa, Indonesia and Japan the most widespread system of law in the world known as Continental European law The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature, to amend a code; principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow; derived from ancient Roman law, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian; the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges; civil law became codified as droit coutumier or customary law Belongs to the Romano-Germanic family
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Common lawCivil lawSocialist lawIslamic law Other names Anglo-American, English, judge- made Continental, Romano- Germanic CommunistReligious law Source of law Case law, legislation Statutes, legislation Qur'an Lawyers Control courtroom Judges dominate trials Secondary role Judges' qualifications Experienced lawyers Career judges Career bureaucrats, Party members Religious as well as legal training Degree of judicial independence High High; separate from Government Very limited Juries Provided at trial level Adjudicate in conjunction with judges in serious criminal matters Often used at lowest level Not allowed Policy-making role Courts share in balancing power Courts have equal but separate power Courts are subordinate to the legislature Courts and other government branches are subordinate to the Shari'a Major legal systems of the world
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Common law legal system as opposed to civil law legal system Common law legal systemCivil law legal system 1.common law was law developed by custom; 2.the methodological approach to codes and statutes: case law is a major source of law, while statutes are often seen as supplemental to judicial opinions; 3.Principle of separation of political powers (, judges are seen as balancing the power of the other branches of government); 4.certain sociological differences: judges are trained and promoted separately from attorneys 5.Legal sources of English law: judicial precedents, legislation, certain ancient textbooks and, to a very limited extent, local custom. 1.civil law developed out of the Roman law of Justinian's Corpus Juris Civilis; 2.the methodological approach to codes and statutes: legislation is seen as the primary source of law; 3.Principle of separation of political powers (to assign different roles to legislation and to judges, with the latter only applying the law ); 4.certain sociological differences: judges are usually selected from accomplished and reputable attorneys; 5.became codified as droit coutumier were local compilations of legal principles recognized as normative.
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Bibliography Peter de Cruz, comparative Law in a changing world, 3 rd Edition, Routladge- Cavadish, 2007 Slapper&Kelly, The English legal System, 8 th Edition, Routladge-Cavadish, 2006 http://legal-dictionary.thefreedictionary.com/Regulatory+law http://encyclopedia.thefreedictionary.com/Regulatory+law http://memory.loc.gov/ammem/awhhtml/awlaw3/regulatory_law.html
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