2.3 How to classify law?

Question 1

What is the method of classifying law?

Answer 1

NEC

N - Name of a legal catergory
C - Defining characteristics
E - Examples

Question 2

What are the downsides of NCE ?

Answer 2

It oversimplifies.
It is a guide only, and not a substitute for in-depth analysis of laws or the facts to which they apply.

Question 3

What are the three short characteristics of common law system?

Answer 3

1. Case law is an independent source of law
2. Judges are appointed from the legal profession
3. Adversarial process

Question 4

What are the two long characteristics of common law system?

Answer 4

1. Judges in general are bound by previous decisions (the doctrine of binding precedent)
2. Individuals are protected against abuse of power by the state through judicial review proceedings in the courts

Question 5

What are the three short characteristics of civil law system?

Answer 5

1. Judges apply the law found in a code
2. Judges are trained in a national school for judges
3. Inquisitorial process

Question 6

What is the two long characteristics of civil law system?

Answer 6

1. Judges are not formally bound by past decisions