Legal Systems around the World Flashcards
What is a Common Law System?
Based on judicial precedents (case law)
Examples include the UK, USA, Canada, and Australia.
How do courts operate in a Common Law System?
Courts interpret laws, and past rulings influence future cases.
What type of legal system features an adversarial system with active lawyers and neutral judges?
Common Law System
What is a Civil Law System?
Based on codified statutes and legal codes
Examples include France, Germany, Japan, and Spain.
How do judges operate in a Civil Law System?
Judges play an active role in investigating cases (inquisitorial system).
In which legal system is there less reliance on past court decisions?
Civil Law System
What is Islamic Law also known as?
Sharia Law
Examples include Saudi Arabia, Iran, and parts of Indonesia.
What are the primary sources of Islamic Law?
Religious texts (Quran, Hadith)
What does Islamic Law govern?
Personal conduct, contracts, and criminal matters.
How does Customary Law operate?
Based on local traditions and cultural practices
Often applies in rural or tribal communities.
What is a Mixed Legal System?
Combines elements of different legal traditions
Example: South Africa has influences from common law, civil law, and customary law.
What is a key difference between Common Law and Civil Law?
Common law relies on precedent, while civil law is codified.
What distinguishes Western Law from Religious Law?
Secular laws focus on state authority, while religious laws derive from sacred texts.
Fill in the blank: Some legal systems integrate traditional practices with _______.
modern regulations
What is the common goal of all legal systems?
To regulate behavior, resolve disputes, and maintain order.
True or False: Many countries adopt hybrid legal systems to suit their legal and cultural needs.
True