Civil law is a legal system The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system inspired by Roman law The term Roman law denotes the legal system of ancient Rome, and the legal developments which occurred before the seventh century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve Tables to the Corpus Juris, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different, by judges A judge, or arbiter of justice, is a lead official who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and conducts the trial impartially and in an open court.[1] Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian The Corpus Juris Civilis ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices,[2] as well as doctrinal strains such as natural law Natural law or the law of nature is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. The phrase natural law is opposed to the positive law (which is man-made) of a given political community, society, or nation-state, and thus can function as a standard by which to criticize that, codification, and legislative positivism. Materially, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.[3] It holds legislation as the primary source of law, and the court system is usually inquisitorial, unbound by precedent, and composed of specially-trained judicial officers.
The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world. Colonial expansion spread the civil law system and European Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural River, the Caspian Sea, the Caucasus Mountains (or the Kuma-Manych Depression), and the Black Sea to the southeast. Europe is bordered civil law has been adopted in much of Latin America Latin America is a region of the Americas where Romance languages (i.e., those derived from Latin) – particularly Spanish, Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,501 km² (7,880,000 sq mi), almost 3.9% of the Earth's surface or 14.1% of its land surface area. As of 2008, its as well as in parts of Asia Asia is the world's largest and most populous continent, located in the eastern and northern hemispheres. It covers 8.6% of the earth's total surface area and with approximately 4 billion people, it hosts 60% of the world's current human population and Africa Africa is the world's second-largest and second most-populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area. With a billion people (as of 2009, see table) in 61 territories, it accounts for about 14.72% of the World's human population.[4] The primary source of law is the legal code, which is a compendium of statutes A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law and the regulations issued by Government agencies. Statutes are sometimes referred to as, arranged by subject matter in some pre-specified order[5]; a code may also be described as "a systematic collection of interrelated articles written in a terse, staccato style." [6] Law codes are usually created by a legislature A legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law. Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings. In parliamentary systems of government,'s enactment of a new statute that embodies all the old statutes relating to the subject and including changes necessitated by court decisions. In some cases, the change results in a new statutory concept. The two other major legal systems in the world are common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different and Islamic law Sharia is an Arabic word meaning ‘way’ or ‘path’. In Arabic, the collocation ‘Šarīʿat Allāh’ (God’s Law) is traditionally used not only by Muslims, but also Christians and Jews, sometimes translating expressions such as Torat Elōhīm [תורת אלוהים] or ‘ho nómos toû theoû' (ὁ νόμος τοῦ θεοῦ) '’.
Civil law systems may be subdivided into further categories:
- Countries where Roman law in some form is still living law and there has been no attempt to create a civil code: Andorra Andorra /ænˈdɒrə/ , officially the Principality of Andorra (Catalan: Principat d'Andorra), also called the Principality of the Valleys of Andorra, is a small country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of 468 km2 (181 sq mi) and San Marino The Most Serene Republic of San Marino /ˌsæn məˈriːnoʊ/ (Italian: Serenissima Repubblica di San Marino) is a country situated in the Apennine Mountains. It is a landlocked enclave, completely surrounded by Italy. Its size is just over 60 km2 with an estimated population of almost 30,000. Its capital is the City of San Marino. One of the
- Countries with mixed systems in which Roman law is an academic source of authority but common law is also influential: Scotland Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In addition to the mainland, Scotland and the Roman-Dutch law Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th century. As such, it is a variety of the European continental civil law or ius commune. While Roman Dutch law ceased to be applied in the Netherlands proper as early as the beginning of the 19th century, Roman Dutch law is still applied by the countries (South Africa Coordinates: 29°02′46″S 25°03′47″E / 29.046°S 25.063°E The Republic of South Africa is a country located at the southern tip of Africa, with a 2,798 kilometres coastline on the Atlantic and Indian Oceans. To the north lie Namibia, Botswana and Zimbabwe; to the east are Mozambique and Swaziland; while Lesotho is an independent, Zambia The Republic of Zambia is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana, and Namibia to the south, and Angola to the west. The capital city is Lusaka, located in the southeast of the country, Zimbabwe Zimbabwe , (officially the Republic of Zimbabwe and formerly Southern Rhodesia, the Republic of Rhodesia, and Zimbabwe Rhodesia) is a landlocked country located in the southern part of the continent of Africa, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia to the northwest and, Sri Lanka Sri Lanka , officially the Democratic Socialist Republic of Sri Lanka (pronounced /ˌɕriːˈlaŋkaː/, Sinhala: ශ්රී ලංකා, Tamil: இலங்கை; known as Ceylon (/sɪˈlɒn/) before 1972 and as Taprobane (/təˈprɒbəniː/) in ancient times, is an island country in South Asia, located about 31 kilometres (19.3 mi) off the and Guyana Guyana , officially the Co-operative Republic of Guyana and previously known as British Guiana, is a state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Discovered by Europeans in 1498, Guyana has been struggled over for 500 years by the Spanish, French, Dutch, and British. It is the only state of the)
- Countries with codes intended to be comprehensive, such as France France (pronounced /ˈfræns/ franss or /ˈfrɑːns/ frahns; French pronunciation (help·info): [fʁɑ̃s]), officially the French Republic (French: République française, pronounced: [ʁepyblik fʁɑ̃sɛz]), is a member state of the European Union located in its western region, with several overseas territories and islands located on other: it is this last category that is normally regarded as typical of "civil law" systems, and is discussed in the rest of this article.
The Scandinavian systems are of an intermediate character, as they have a background of Roman and customary law together with partial codification. The law of Quebec Quebec (English pronunciation: /kəˈbɛk/ or /kwɨˈbɛk/; French: Québec [kebɛk] ) is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking identity and the only one whose sole official language is French at the provincial level. Quebec is Canada's largest province by area and its second- may also be considered as a hybrid system, in that a French-type civil code coexists with pre-revolutionary French customary law and considerable common law influence.
A prominent example of civil law would be the Napoleonic Code The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified. It was drafted rapidly by a commission of four eminent jurists and entered into force on March 21, 1804 (1804 Year 1804 was a leap year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Friday of the 12-day slower Julian calendar)), named after French emperor Napoleon Bonaparte Napoleon Bonaparte , was a military and political leader of France and Emperor of the French as Napoleon I, whose actions shaped European politics in the early 19th century. The Code comprises three components: the law of persons, property law, and commercial law. Rather than a catalog of judicial decisions, the Code consists of abstractly written principles as rules of law. [6]
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression civil law is a translation of Latin jus civile, or "citizens' law", which was the Late Imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium).
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Sino China Forum on Civil and Commercial Law and Procedural Law was held at Mingde Law Building It was co organized by the Renmin University of China Law School and ali aba from Jan 11 to 12 2007 the international seminar on rights protection legal system of the disabled was held at Xujian International Hall of the School in order to promote the
MrK
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The consortium of 18 . Civil. Society Organisations (CSOs) has been vindicated over the DPP's unprofessional conduct in office. We have said time and again that the DPP has rendered himself irrelevant to the criminal justice system by following political instructions, he said. . ... "My advice to the LAZ president is to concentrate on the core objects of protecting the interests of LAZ members and suggesting areas of improvement in the . legal system. instead of politicking . ...
Q. Lane Circuit Judge Gregory Foote PO Box 10188 Eugene, OR 97401-2926 Phone: 541-682-4261 Fax: 541-682-7451 June 30, 2009 Your Honor Judge Foote, I have a civil case I cannot win from way back in the 1980 s because the records have been cut way back and my needed proof of how it was change to a civil case is not there any more. So I have no choice but to go at it from another way it seems. From the worlds view I am from an oddball religion and never really liked by other religions. But you likely know my religion well from your law schooling days because we had to fight in the Supreme Courts since the 1930 s to have are religious rights noticed and that worked out well for the whole nations freedoms and rights too. Before our fight the… [cont.]
Asked by Divine Truth - Tue Jun 30 12:52:03 2009 - - 4 Answers - 0 Comments
A. Paragraph breaks are your friend. I don't think the judge is going to read a solid block of text like this, especially when there is no such thing as Separation of Church and State. Read the First Amendment for yourself. Edit: While you say you are not a good writer, it still does not present a strong case for a judge to read your letter. You are more likely to bend his ear if you keep it short. Also, know the difference between "are" and "our" you used them interchangably. Remember you are trying to sell yourself, just like sending in a resume'. Writing well and correctly is very important, especially if you want people to take you seriously. Honestly, I've read this through three times and I still don't get what you want to… [cont.]
Answered by The Only Logical Solution - Tue Jun 30 12:57:26 2009
