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Civil Law System
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Systems - Global
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between Jurisdiction (area), jurisdictions, with their differences analysed in comparative law. In Civil law (legal system), civil law jurisdictions, a legislature or othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact, many cases do not, since an opinion is often published only when the law is bein ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Constante
' ( French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine ... according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions, e.g., Louisiana. The rule of law applied in the ' directly compares with '. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for '; however, "a series of adjudicated cases, all in accord, form the basis for '." Mor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germanic-speaking Europe
There are over 250 languages indigenous to Europe, and most belong to the Indo-European language family. Out of a demographics of Europe, total European population of 744 million as of 2018, some 94% are native speakers of an Indo-European language. The three largest phyla of the Indo-European language family in Europe are Romance languages, Romance, Germanic languages, Germanic, and Slavic languages, Slavic; they have more than 200 million speakers each, and together account for close to 90% of Europeans. Smaller phyla of Indo-European found in Europe include Hellenic languages, Hellenic (Greek language, Greek, 13 million), Baltic languages, Baltic ( 4.5 million), Albanian language, Albanian ( 7.5 million), Celtic language, Celtic ( 4 million), and Armenian language, Armenian ( 4 million). Indo-Aryan languages, Indo-Aryan, though a large subfamily of Indo-European, has a relatively small number of languages in Europe, and a small number of speakers (Romani language, Romani, 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction. Civil law (legal system), Civil law states tend not to have a single highest court. Some federations, such as the United States, also do not have a single highest court. The highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French-speaking
French ( or ) is a Romance language of the Indo-European family. Like all other Romance languages, it descended from the Vulgar Latin of the Roman Empire. French evolved from Northern Old Gallo-Romance, a descendant of the Latin spoken in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French ( Francien) largely supplanted. It was also influenced by native Celtic languages of Northern Roman Gaul and by the Germanic Frankish language of the post-Roman Frankish invaders. As a result of French and Belgian colonialism from the 16th century onward, it was introduced to new territories in the Americas, Africa, and Asia, and numerous French-based creole languages, most notably Haitian Creole, were established. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 26 countries, as well as one of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code (law), commercial code. History The history of Codification (law), codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine Empire, Byzantine emperor Justinian I, forms the basis of Civil law (legal system), civil law legal systems that would rule over Continental Europe. Other codified laws used since ancient times include various texts used in religious law, such as the Manu Smriti, Law of Manu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Commune
or is Latin for "common law" in certain jurisdictions. It is often used by Civil law (legal system), civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. ( is distinct from the term "common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements. Etymology The ', in its historical meaning, is commonly thought of as a combination of canon law of the Catholic Church, canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to this de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Gentium
In Roman law and legal traditions influenced by it, ''ius gentium'' or ''jus gentium'' (Latin for "law of nations" or "law of peoples") is the law that applies to all ''gentes'' ("peoples" or "nations"). It was an early form of international law, comprising not a body of statute law or legal code, but the customary law thought to be held in common by all in "reasoned compliance with standards of international conduct". ''Ius gentium'' was regarded as a form of '' ius naturale'', or natural law. Unlike '' ius civile'', it applied to all persons and not only Roman citizens, as the rules of ''ius gentium'' could be derived from natural reason as innate in all of mankind. Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
