Systems and Sources of Law Flashcards
What are the types of Legal systems?
Common Law
Mixed/ Hybrid System
Civil Law
Religious Law
What extended the common law system to Wales?
Laws in Wales Acts 1536 & 1548
What are the main features of a Common Law system?
Rules of Precedent
Follow adversarial processes.
Legislative decisions.
Where do the common law systems originate from?
Middle age England, due to being uncodified they rely heavily on judicial decision to evolve the law.
What are the main features of civil law systems?
Legislative decisions.
Legal codes.
Follow inquisitorial processes.
Where did civil law systems originate from?
Continental Europe.
Where currently operates civil law systems?
Argentina
Mexico
Brazil.
Where currently operates common law systems?
England and Wales.
USA.
Where currently operates a mixed system?
Quebec
Louisiana
Scotland
What were the Courts of Great Session?
They only sat in Wales, which maintained a slight difference between England and Wales.
What was the significance of Monmouthshire?
Under the 1542 Laws in Wales Act, it was placed under the oxford circuit it was only reclassified in 1972.
What are the 5 jurisdictions in the UK?
Uk wide.
Wales
Northern Ireland
Scotland
England and Wales
What has happened to EU law since leaving?
We are no longer subject to it, however it has created ‘retained EU law’.
What is territorial extent?
When legislation states where it applies and can be used in a court of law.
What are the sources of law?
Legislation
Equity
Custom
Books of Authority
International Law
Common Law
