Chapter 2: Families of Law and Law Making Flashcards
families of law
- romano germanic
- socialist
- common
- sharia
romano germanic law
- also called Civil Law
- based on the codes
- oldest and most widely used family of law
- forms basis of most European law
codes
very general principles that provide answers for all disputes
Socialist Law
- only in communist nations
- same and romano germic except: not really considered a family of law, property owned by the state so not real estate laws, goal is protection of the state
Common Law
- USA family of law
- also called Ango-American
- originated in Britain and British colonies
- based on use of precedent
- judges play large role
- adversarial system
case law/ use of precedent
deciding a case by applying law found in previous court cases
adversarial system
2 party battle
Sharia Law
- religious law governs Sunni branch of Islam
- governs all aspects of life
- comes from the Koran and Muhummad
- 5 categories of actions
- technically imposed of all muslims no matter where they live
- sharia differs depending on region
- sometimes only parts of nations practice sharia so they have 2 legal systems
3 places law is made
- legislature
- agencies
- courts
legislature
- primary lawmaking body in US
* congress and state
congress
creates statutes
statutes
laws that are binding to everyone
state
passes laws on everything not specified in the constitution
supremacy
if state and federal laws conflict, federal law wins
agencies
government bodies that make rule and regulations of a law more specific
courts
- laws are only made by appellete courts
* sets precedents
international law
- the law that applies to the conduct of countries
* often made through treaties
making treaties
- signed by the president
* ratified by 2/3 majority of senate
international treaties regulate
- commerce
- refugees crossing national borders
- ownership of property
- environment
- extradition
extradition
when one country asks another to surrender a suspected or convicted criminal
European Union
European parliament which has the power to make laws that promote political and economic cooperation in Europe
countries not in the EU
- norway
- iceland
- liechtenstein
- britain
Brexit
- voted to leave th EU
* immigration
United Nations
- 193 members
* international court system
countries not in the UN
- taiwan
- vatican city
- palestine
