Lecture 1 Flashcards
law = ?
a system of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by the imposition of penalties/sanctions
legal system = ?
a procedure or process for interpreting and enforcing the law
different legal systems = ?
division between religious legal systems & secular legal systems
what are most legal systems described as?
either common law. civil law, or a mix of both
who creates a purely common law system?
the judiciary as the law comes from case law rather than statute
what does common law have a strong focus on?
judicial precedence
judicial = ?
relating to the administration of justice
case law is based on…?
the decisions of the judges in previous cases
statute law is created by…?
legislative bodies
a purely civil law system is governed by…?
statutes rather than by case law
legal formants = ?
all elements that constitute the ‘living law’ of a country
three different legal formants = ?
legislation or statutory law
case law or judgements
scholars’ opinions
have some transnational entities created their own legal systems?
yes
e.g., the EU
how can international law be created?
by a binding agreement
e.g., treaties
does criminal law have its own unique set of rules & procedures?
yes
different rules for defining crimes, providing sanctions, establishing guilt in court & creating punishments/rehabilitation
