a) Underline the words that help to contrast the legal systems.
Civil Law, in contrast to Common Law, is codified. Countries with civil law systems have comprehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense. Such codes distinguish between different categories of law: substantive law establishes which acts are subject to criminal or civil prosecution, procedural law establishes how to determine whether a particular action constitutes a criminal act, and penal law establishes the appropriate penalty. In a civil law system, the judge’s role is to establish the facts of the case and to apply the provisions of the applicable code. Though the judge often brings the formal charges, investigates the matter, and decides on the case, he or she works within a framework established by a comprehensive codified set of laws. The judge’s decision is consequently less crucial in shaping civil law than the decisions of legislators and legal scholars who draft and interpret the codes
b) Compare the 2 legal systems, using the table below.
e.g. English law is based on precedent, but continental law is based on enacted law.
ENGLISH LAW
CONTINENTAL LAW
TYPE OF LEGAL SYSTEM
common law
civil law
BASIC CHARACTERISTIC OF SYSTEM
central importance of precedent
central importance of enacted law
STYLE OF LEGAL REASONING
Inductive - reasoning in individual cases leads to general rules
deductive – decisions reached by reasoning from general rules to particular cases
LEGAL PRINCIPLES
principles are flexible; based on real facts, develop in individual cases
in time fixed principles may not correspond to changing circumstances; general enacted principles are applied to individual cases
Exercise 11
Visit the internet site www.legalskills.com. and make a report about sources of law.