Unit 2- Civil Law vs Common Law Flashcards
What is private international law
Determines which legal system or jurisdiction should apply to a particular legal issue when there is a connection to multiple countries or legal systems
What is uniform law
Uniforming legal systems of different states to make them all similar so that we try to have a common rule for as wide an area as possible
uniform legislation = identical rules
What is civil law based on
It is the legacy of roman law and has been influenced by the medieval and pre modern ius commune of roman law
Statutory law as a source of law- means laws written down by authority
What is the basic characteristic of civil law
That they have fully implemented the separation of powers
- Legislative
- Executive
- Judiciary
How is the core gathered in civil law
It is gathered and systematically organised into a civil code
Characteristics of common law
- Began in England
- No codified –> developed through a case approach by courts
- Judges must respect the precedents and trials before them
What is ‘Corpus Iuris Civilis’?
Collection of fundamental works in jurisprudence complied by Justinian I, comprised of:
- Code
- Digest or pandects
- Institutes
- New laws
