Three of the Most Used Legal Systems Are

Customary law systems are becoming increasingly rare. A common system is used by a monarchy and grants certain legal powers to kings, queens, sultans or tribal chiefs as heads of state. One of the challenges of a regular system is that the ruler is seen as “above the law” because the laws do not apply equally to the ruler and subjects. There are only a handful of monarchies left in the world, and most of them have evolved into hybrid jurisdictions or adopted a different type of legal system. Most of us recognize the importance of the legal system in our society. As members of a community, we have a social obligation to the people around us to create a safe environment for all and to feel safe walking the streets and treating ourselves fairly. While we abide by these laws and rules every day, we are not responsible for enforcing them, whether we choose to break or follow the law depends on each person and enforcement falls into the hands of the criminal justice system. Most countries in Europe and South America use a civil justice system.47 A civil law system is based on comprehensive legal systems that contain all the laws governing the country. Case law – that is, judicial decisions – is secondary to these codes. The decisions are binding only on the parties to the dispute, and do not constitute a precedent for subsequent cases on the same issues. While lawyers consult previous decisions when advising clients, judges are rarely required to follow precedents. For this reason, legal codes tend to be more extensive and detailed than in common law systems.

Hybrid legal systems are a combination of two or more jurisdictions within a country. India is a classic example of a nation with a hybrid legal system. As a former British colony, India has a common law legal system that recognizes as a precedent the power of the Supreme Court and Supreme Courts to make binding judicial decisions. However, most of its laws are built-in codes found in a Napoleonic code system. In addition, India has separate personal codes that apply to Muslims, Christians and Hindus. As a result, India has a hybrid system of common law, civil law and religious law. In civil law systems, court proceedings are investigations conducted by the court to determine how the facts fit into the already established codes applicable to the situation. The judicial system is designed in such a way that the jurisdiction of each court is a specific type of code: tax courts, administrative courts, maritime courts, constitutional courts, etc.

The legal system includes rules, procedures and institutions that enable public initiatives and private efforts to be carried out by legitimate means. In other words, it is a system of interpreting and applying laws. Rights and obligations are developed in various ways. There are three major legal systems in the world are civil law, common law and religious law. Other legal systems include: The jury system is a legal system used to determine the facts at stake in a dispute. The tax system is a legal system for determining and collecting taxes. The electoral system is a legal system for making democratic decisions. Common law courts are adversarial; That is to say, there is an attitude where the winner wins everything in court. In an adversarial system, each party determines the issues and issues that the court is expected to resolve, conducts its own investigation, and prepares and presents its own evidence.

Each party calls witnesses to be examined directly and in cross-examination. Each page produces information that it deems relevant to prove its point of view. In a criminal case, the police and the prosecution work closely together to determine their views with the government`s means. Defendants must rely on their own resources to defend themselves against charges, either by hiring a lawyer or using a court-appointed lawyer. In civil proceedings, the procedures are similar; However, each party must rely on its resources to prove its point. If a jury is present, it decides on all substantive issues, while the judge determines legal issues and moderates proceedings. In some cases, the judge may act as an investigator instead of a jury. The legal system in the United States derives from the English common law tradition and the American Constitution. English common law is a system that gives the force of law to written judicial decisions. As a result, the U.S.

legal system recognizes the ability of an appellate court to interpret the law through case law and apply it to future litigants. A precedent is a judicial opinion that is considered a legal authority for future cases involving the same or similar legal issues. The advantage of this system is consistency and dispute resolution without the parties having to take legal matters to court. The basis for the application of the law consists of (1) a written or oral constitution; (2) primary laws, statutes and laws; authorized by a legislative body authorized by the Constitution; (3) a body approved by primary law adopts subsidiary laws or statutes; (4) traditional practices confirmed by the courts; (5) Civil, general, Roman or other code as the source of these principles or practices. (*Legal Dictionary: What is a Legal System? Definition) Code law is based on a comprehensive system of written rules (codes). Under the Legal Code, the legal system is generally divided into three separate codes: commercial law, civil law and criminal law. The civil law system, also known as the codified legal system, is based on a detailed set of laws that make up a code. The rules for the execution of commercial transactions are part of the Code. Common law refers to laws made by judges through decisions of similar courts and tribunals (called jurisprudence) and not by statutory statutes or executive measures, and to corresponding legal systems based on precedents.

A treaty that takes up a basic administrative principle and specifies exactly how it is to be applied will normally be effective. But the modification or deletion of an administrative principle may or may not be legally possible – this should be checked. For example, it may not be possible to completely eliminate the ability of a contracting authority to unilaterally change service standards. In France, the law prohibits any attempt to suspend the contracting authority`s ability to unilaterally terminate a contract. Some civil codes also provide for mandatory notice periods in the event of breach of contract, which cannot be avoided or cancelled. Religious legal systems derive from the sacred texts of religious traditions and generally apply to all aspects of life, including social and commercial relations. In religious legal systems, a religious document is used as the main source of law. All the world`s major religions – Judaism, Christianity, Islam, Buddhism and Hinduism – have a religious legal system.