UNIT 2

Legal Systems of the World

Sources and Varieties of English

Law
Legal Systems of the World
Legal Systems of the World

Major legal systems:

1. CIVIL LAW

2. COMMON LAW

1. RELIGIOUS LAW
 Legal systems of the world
CIVIL LAW (continental law)
- most widespread system, based on Roman Law (French, German
Scandinavian)
- Main source : enacted laws (codes/statutes) passed by legislature
- laws provide general principles and guidelines which are applied in each case

COMMON LAW (Anglo-Saxon law)

- developed in England in the 11th century UK, Ireland, USA (except
Louisiana), Canada (except Quebec), Australia, India, Hong Kong
- Sources of common law:
a) ancient customs,
b) judicial precedents (previous court rulings)
c) enacted laws
- does not provide general principles, but court rulings
Legal systems of the world

RELIGIOUS LAW
- Main source: a religious system or document
- usually follows the the principles of either civil or common
- Sharia in Islam; Halakha in Judaism
- Afghanistan, Saudi Arabia, Oman Libya

LEGAL SYSTEMS often combinations of two or more systems

Israel (common, civil, Jewish), Cyprus, Louisiana (French civil +
common - federal laws; Scotland civil + common)
 Common law vs. Civil law
The common-law legal system contrasts strongly with the civil-law legal system of
Continental countries. Read the following pieces of information and decide which type
of legal system they apply to.

A central importance of enacted law/central importance of precedent

B from general rules to particular cases/from individual cases to general rules
C principles are flexible/principles are based on real facts/ in time fixed principles may not
correspond to changing circumstances / principles develop in individual cases/ general
enacted principles are applied to individual cases

Common law Continental law

A Basic characteristics of
the system
B Style of legal reasoning
C Legal principles
 The United Kingdom
How do you understand the following geografical names?

Wales
Great Britain
The British Isles
England
Scotland
Northern Ireland
United Kingdom
Ireland
 The United Kingdom of Great Britain
and Northern Ireland

ENGLAND NORTHERN IRELAND

WALES SCOTLAND

(Great Britain)

The Republic of Ireland = a separate state

 UK judicial system

UK a unitary state made up of several separate jurisdictions

- no single unified judicial system

UK judicial system

legal system of legal system of

legal system of
England and Northern
Scotland
Wales Ireland

- substantial identity on many points

- considerable differences in law and in procedure
 Sources of English law
English legal system = common law legal system
English law no unified structure
ENGLISH LAW

ENACTED
ANCIENT JUDICIAL EUROPEAN
EQUITY LAW (Acts of
CUSTOMS PRECEDENTS LAW
Parliament)

CUSTOM = unwritten law established by long use

JUDICIAL PRECEDENT = a legal decision in a previous case which is considered as

an authoritative rule or pattern in future similar or analogous cases

ENACTED LAW = written law made by Parliament or another legislative body
 COMMON LAW and EQUITY
- two parallel systems of justice which exist side by side in English law

COMMON LAW (as a source of law)

- part of law formulated, developed and administered by the old common law courts;
based on the common customs of the country - UNWRITTEN

EQUITY
- grew up from the practice of medieval Lord Chancellors; administered by the Court
of Chancery (Lord Chancellors were not bound by judicial precedents of common
law cvourts)
- purpose to add to or supplement common-law rules in cases where these were
too rigid to give justice (litigants were dissatisfied withe the remedies of common
law courts)
- gradually became more rigid; 1873 fused with common law; since then
administered by the same courts
- now an indistinguishable part of English law
 Principal divisions of English
law
I according to the territory on which it is applied
1. DOMESTIC LAW
2. INTERNATIONAL LAW

II according to the parties involved

1. PRIVATE LAW areas of law involving private citizens

2. PUBLIC LAW areas of law in which the state has a
direct interest
Sources and Varieties of English
Law - Reading comprehension
I Read quickly the text to decide which heading goes with which
paragraph of the text.

(1) Common law

(2) Branches of English law
(3) English common law and Roman law
(4) No unified structure of English law/ Equity and
common law

II Read the text once again in more detail and do

comprehension check exercises on pages 8 and 9.
Sources and Varieties of
English Law - Exercises

I Match the words from BOX A and BOX B below which are most closely
connected. What is the connection between each pair of words?

BOX A BOX B

1. case law a) equity

2. justice b) legislator
3. Lord Chancellor c) case law
4. common law d) law reports
5. custom e) Equity
6. Parliament f) usage
Sources and Varieties of English
Law - Exercises
Complete the following passage . For each blank space choose the correct word from the list
below. Use each word once only.

The Importance of Legislation as a Source in English and Continental Law

In many (1) continental countries much of the law is (2)__________ . For

this reason there is more written, or (3)_____________ than (4)
______________ law. In contrast, there is no general code of
(5)________________ law. Still,(6)___________ is common, and many
areas of law, e.g. (7)___________________ are codified, but
(8)______________ is the main source of the law.

partnership, enacted, continental, unwritten,

English, judicial precedent, legislation, codified
Match the following legal terms with their
definitions:

a court; a lawyer; a judicial precedent; enacted law;

legislation; a judge; the constitution; parliament

=a written law made by Parliament or another legislative body

=a place where justice is administered
=the system of fundamental principles according to which a
nation, state, corporation, or the like, is governed
=making or enacting laws
=a public officer authorized to hear and decide cases in a court
of law
=a person whose profession is to represent clients in a court of
law or to advise or act for clients in other legal matters
=a legal decision in a previous case which is considered as an
authoritative rule or pattern in future similar or analogous
cases
=a legislative body in various countries
 Essential terms
common law = 1. anglosaksonsko pravo (legal system) 2. englesko obiajno pravo (a source
of law)
civil law = 1. kontinentalno pravo (legal system) 2. graansko pravo (branch of law)
a custom = obiaj
Roman law = rimsko pravo
the rules of equity = pravila/zakoni pravinosti
enacted law = pisano pravo, zakonski propis (koje donosi parlament)
to enact = donijeti, propisati (od strane parlamenta)
to legislate = donijeti/donositi zakone
legislation = zakonodavstvo, donoenje zakona
legislature = zakonodavno tijelo, zakonodavna vlast
legislative = zakonodavni
judicial precedent = sudski presedan
criminal law = kazneno pravo; substantive law = materijalno pravo; family law = obiteljsko
pravo; administrative law = upravno pravo; constitutional law = ustavno pravo; revenue law
= financijsko pravo; adjectival (procedural) law = procesno pravo