So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior
The countries that follow Common Law are North America, the United Kingdom, and other Commonwealth countries around the world. There are unique differences from civil law and common law. Today, Civil law is used throughout western Europe, Latin America, parts of Africa, and the Far East. Civil law is also called Roman-Germanic, Roman Law, and sometimes Continental Law. Civil law is code-based.
By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered". Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system.
The party that initiates the actions aimed at resolving crimes is not a particular individual, it is the state. The state cannot, since its represents all the inhabitants of a considered country, physically be present to take action. So it is the role of an appointed prosecutor to represent it in trials. The form in which criminal law exists in England, is mostly in that of statutes. These statutes, along with acts are created by the English Parliament who is the supreme lawmaker in England, these statutes are binding to all English citizens.
Many do not understand that natural law and civil law are both branches of moral law, and when either are used, moral law is being referenced. The laws set out for the public have a moral aspect to them, whether moral law is referenced or not. When a crime is committed against a person or the public, that criminal is penalized and will either be fined or jailed, some even for a lifetime, depending on the severity of the crime. Penalties against crime are established for the safety of the public. In civil affairs, justice can be only executed with reference to moral
The purpose of law is that it is to maintain public order and social order in the country to ensure peace and security and to provide protection for people’s right such as life, liberty and property. Law can be distinguished between criminal and civil law. The criminal law is also known as public law which is designed to enforce or prevent certain types of behavior which can cause harm to society and to punish the offenders. If a person is charged for an offence under the criminal law, the state will intervene to prosecute the offender. If the person is found guilty of a crime, he will be punished by the state.
People who study the Theory of State does not obtain results that can be directly used in practice. While studying Constitutional Law and Administrative Law can directly produce something valuable practical knowledge. This difference can be seen from the use of the term "science" that is attributed to the Theory of State, while the Constitutional Law (verfassungsrecht) and the constitutional law (verwaltungsrecht), although it can be done, it is not uncommon people use the term "science" of Constitutional Law or " science " constitutional law. For those who study Constitutional Law and Administrative Law is no need to explain more deeply about the meaning and principles of the state and state law, because all of it is considered known when studying the State Science. Therefore the experts say that the State Science is the science of instruction for those who want to learn Constitutional Law and Administrative
In this sense, the common law system of jurisprudence means the whole system of law, including case law, statutes, codes and equity, which originated in England and was later adapted and applied in the US and countries of the former English Commonwealth. Contrary to this, the civil law of France and other European countries has its origins from Roman Justinian Law. - The "common law" may also mean the law common to the entire jurisdiction as opposed to local or customary law. This expression of common law includes statutes, case law and equity. The origin of this "common law" was the law administered by the courts in England, the law of the monarch, common to the whole realm.
The rule of law is a concept mostly used by lawyers and politicians without giving definite meanings to the concept as it has many interpretations. It is viewed in many different ways. It has been seen as a key concept in legal and political philosophy. Also, the rule of law has a practical application in that it can offer guidance on the requirements that a good legal system must adhere to.The rule of law, in as much as it influences legislations by regulating the conduct of government officials and those in authority, there is no judicial legislation contrary to the rule of law. This in essence means that the rule of law is meant to keep individuals ‘in check’ under the law to guide against abuse of power.
Common law, like many early legal systems, did not originally consist of human rights but of procedural remedies. The use of these remedies, overtime, created the modern system in which rights are seen as primary over procedure. It was not until the 19th century, that English common law continued to be developed by judges rather than being created by legislators. The doctrine of judicial precedent involves the application of the doctrine of binding judicial precedent, stare decisis. This means that inferior courts are bound to follow the legal principles set out by superior courts in earlier cases.