Lesson 01 - Introduction to Law and Sources of Law
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Today the difference between common and civil legal traditions lies in the main source of law. Although common-law systems make extensive use of statutes, judicial decisions are binding and are regarded as the most important source of law, which gives judges an active role in developing rules. To ensure consistency, courts abide by precedents set by higher courts examining the same issue, which is known as the doctrine of stare decisis. Civil Law, in contrast, is codified, codes and statutes are designed to cover all eventualities and judges have a more limited role of applying the law to the case in hand.
When it comes to court cases, judges in civil-law systems tend towards being investigators working within a framework established by a comprehensive, codified set of laws, while their peers in common-law systems act as arbiters between parties that present their arguments. A jury of ordinary people without legal training decides on the facts of the case.
Civil-law systems are more widespread than common-law systems. Countries following a civil law system are typically those that were former French, Dutch, German, Spanish or Portuguese colonies. Common-law systems are found only in countries that are former English colonies or have been influenced by the Anglo-Saxon tradition, such as Australia, India, Canada (except Quebec) and the United States (except Louisiana).
Legal minds in civil-law jurisdictions like to think that their system is more stable and fairer than common-law systems, because laws are stated explicitly and are easier to recognize. But English lawyers take pride in the flexibility of their system, because it can quickly adapt to circumstance without the need for Parliament to enact legislation. In reality, many systems are now a mixture of the two traditions, giving them the best of both legal worlds.
common law
civil law
the main source of law
+ other sources
role of judge
advantages
history/influences/
other typical features
countries
3. SPEAKING: Pair work. Student A is a civil law judge, Student B is a common law judge. Discuss the advantages of your system of law.
4. Fill-in the crossword and find the hidden word:
1 2 3 4 51. laws made by Parliament
2. the province in Canada with civil law
3. a written law
4. an official decision made by e.g. court
5. to adapt as a law
6. to arrange laws into codes
The word hidden in the crossword is ________________ = fairness, and at the same time an important feature of English law which developed as a way of dealing with the inflexibility of the English legal system.
LISTENING 1 - EQUITY
5. Pre-listening: Look at the notes from a lecture on equity (ex. 6). Match the highlighted expressions to their explanations.
A person who asks for compensation Asking for compensation Complaints Harshness Making a formal written request Restrictions and limits6. Listen to the first part of the lecture. The notes from the lecture are incomplete – some key words are missing. Fill in the gaps.
EQUITY: