American Law And Legal Systems Pdf
File Name: american law and legal systems .zip
- Common law
- Common law
- Key Features of Common Law or Civil Law Systems
- List of national legal systems
What follows are some of the fundamental principles that comprise the American legal system.
Common law , also called Anglo-American law , the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth formerly the British Commonwealth of Nations. In this sense common law stands in contrast to the legal system derived from civil law , now widespread in continental Europe and elsewhere. In another, narrower, sense, common law is contrasted to the rules applied in English and American courts of equity and also to statute law. A standing expository difficulty is that, whereas the United Kingdom is a unitary state in international law , it comprises three major and other minor legal systems, those of England and Wales , Scotland , and Northern Ireland.
This article assesses the scholarly state of affairs regarding the influence of comparative law in national systems. In so doing, emphasis is put on private law and constitutional law, as these are the two areas where comparative inspiration is discussed most vigorously. The second and third section distinguishes several types of use of comparative law by national legislatures and courts, providing the background for a critical evaluation of this influence in the subsequent sections. The fourth section discusses the legitimacy question and the question of how to categorize the different uses of foreign law. The fifth section addresses why a legislature or court actually refers to foreign law and is how to explain the different extent to which countries are open to foreign influence. The last section considers the exact influence of comparative law arguments on the legislature's or court's reasoning.
It should be noted that in the United States the term "the government" is used to describe what in many other countries is called "the state". There is a legal system for the federal government i. The federal government was established by, and its powers are defined by, the United States Constitution. Inherent in the structure of the American government are the concepts of "separation of powers" and "checks and balances". These terms are not found in the Constitution itself, but are widely used in political and historical analyses. The federal legislative body is the United States Congress which consists of the Senate and the House of Representatives.
The laws from both the federal and state legal systems stem from three pri- mary sources: the Constitution, statutes, and common law. 1. Constitutions. Although.
Key Features of Common Law or Civil Law Systems
A concise history and analysis of the civil law tradition which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East , this 4th edition includes new information on Roman and Medieval civil law, as well as updates on the current status of the legal profession, legal education, and legal procedures in various countries. Social Science Quarterly : "Of value both to the undergraduate and graduate student of comparative politics, as well as the law student interested in comparative law. A most useful introduction.
After reading this chapter, you should be able to do the following:. Law has different meanings as well as different functions. Philosophers have considered issues of justice and law for centuries, and several different approaches, or schools of legal thought, have emerged.
Common law , also called Anglo-American law , the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth formerly the British Commonwealth of Nations. In this sense common law stands in contrast to the legal system derived from civil law , now widespread in continental Europe and elsewhere.
Law is a system of rules created and enforced through social or governmental institutions to regulate behavior,  with its precise definition a matter of longstanding debate.
List of national legal systems
The contemporary national legal systems are generally based on one of four basic systems : civil law , common law , statutory law , religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. Both civil also known as Roman and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature , to amend a code.
Under Sources of Law we explained that some countries will apply greater weight to certain sources of law than others, and that some will put more emphasis on judicial decisions than others. There are two main types of legal system in the world, with most countries adopting features from one or other into their own legal systems, Common Law and Civil law. Concept of "Concession" as Understood in France - summary Common Law System Countries following a common law system are typically those that were former British colonies or protectorates, including the United States.