Comparison Between Common Law And Civil Law

Before the Norman Conquest, different rules and customs applied in different regions of the country. But after 1066 monarchs began to unite both the country and its laws using the king’s court. Justices created a common law by drawing on customs across the country and rulings by monarchs. These rules developed organically and were rarely written down.

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.

Outline the main characteristics of a Civil Law legal system The Civil Law has its origin in the ancient Rome and it was the main attribute to the Roman civilization. “Civil Law is a codified system. Countries with civil law system have comprehensive, continuously updated legal codes that specify all the matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense” (Robbins n.d.) Every country has its own sets of laws, rules, principles and regulation based on different matters.

An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction." Many injunctions are both—that is, they have both mandatory and prohibitory components, because they require some conduct and forbid other conduct. When an injunction is given, it can be enforced with equitable enforcement mechanisms such as contempt.

Roman law, was effective in the Eastern Roman Empire (331-1453), and is also the basis of our legal system, civil system which most countries apply, from Europe to Latin America. Even English and North American Common law also were influenced by Roman law, particularly in the legal glossary - stare decisis, culpa in contrahendo, pacta sunt servanda. The primary document that all Roman laws were included was the Twelve Tables. This attempt was the earliest of Romans to create a Code of Law and is also the earliest (surviving) piece of literature coming from the Romans.

This was followed in Ireland by the Judicature (Ireland) Act 1877.Today the same judges administer both law and equity. Changes produced by the Interaction of Equity and Common law Equity was not a complete alternative to the common law. Instead it provided a gloss on the law. It added to and improved the common law.

They consist of three sub-rules, the rule of change, the rule of recognition, and the rule of adjudication. The rule of recognition is essential to the legal system as it gives the legislator a clear set of guide lines that validate the laws that are passed. Additionally, the rule change is necessary in order to sanction legislative or judicial changes to primary rules . This is crucial in order to allow laws to meet societies ever-changing needs. Finally, the rule of adjudication is what Hart believes allows judges to interpret cases which are considered ambiguous by using their own discretion.

Development of common law: Different regions of England were ruled by different systems of law before the Norman Conquest. In 1066, when William I gained the throne he started a strong central

It was not until the 16th century that the term sovereignty gained popularity, as it was used by Jean Bodin to describe the powers of the French king over others. Until then the Romans only spoke about different levels of authority and not about supreme authority. Later on it was the English philosopher Thomas Hobbes who gave it its modern meaning and stated that in every state some person or body of persons must have an absolute authority whose purpose would be to protect and serve the rights of the people and maintain peace and to take such necessary actions as to maintain the security of the nation. The idea of sovereign states developed in Europe during the Peace of Westphalia in 1648, which ultimately lead to the agreement allowing the rulers to decide upon on various things that would be controlled within their boundaries.

There are multiple sources of law in the UK. Such as creating sources which refer to Parliamentarians and Judges. Material Sources, for example, Westlaw; Lexis; Law reports and lastly authoritative sources which include Statutes; Judicial precedent/cases. This essay will focus on Judicial Precedent and its importance by discussing firstly, what it consists of, the advantages and disadvantages and finally whether it is the most important source of law. Judicial Precedent is a source of law, in which the court follows a decision that has already been made in a similar case.

Statutory law usually enacted by a legislative body. Unlike case law, statutory law is not enacted to resolve a specific factual dispute. However, legislative bodies make rules or laws that apply to society in general. It governs numerous aspects, including traffic, domestic relation, criminal and civil liability, corporate operation, immigration, and homeland security. The most difficult part in researching is locating the proper law when you have a factual situation or issue and trying to find the answer.

MILLERSBURG — A Wooster man on Wednesday was given a chance to avoid prison when he was sentenced to complete a treatment program for admittedly being in possession of methamphetamine. Shaun Hall, 38, 540 High St., previously pleaded guilty in Holmes County Common Pleas Court to aggravated possession of meth. In exchange for his guilty plea, a related charge of aggravated trafficking in meth was dismissed. Hall had faced up to a year in prison for the charge, and Judge Robert Rinfret imposed a term of 11 months, but immediately suspended the period of incarceration in favor of five years of community control, which includes the condition he complete a treatment program at the Stark Regional Community Corrections Center.

If one takes the penal code as an instrument for expressing the moral values and norms of society, interests of the criminal justice system have arguably increasingly been focused on the protection of society rather than the rehabilitation of the offender. Societies search for ways to support and empathise with victims, while morally condemning offenders for their acts, and the general feeling of justice tends to be satisfied only when strict sentences are distributed in serious criminal cases such as sex offenses and assaults. The penal code is seen as an instrument for expressing the moral values and norms of society, and protecting survivors through prosecution. Considering the above as important to society and therefore a survivor, the