Common law as opposed Common law as opposed to statutory law and to statutory law and

regulatory law. Common regulatory law. Common law legal system as law legal system as

opposed to civil law legal opposed to civil law legal systemsystem

Legal English

Common LAW Body of law based on custom and general principles and that, embodied

in case law, serves as precedent or is applied to situations not covered by statute

system of law that prevails in England and in countries colonized by England

Is more malleable then statutory law Is the law developed by judges trough decisions of courts and similar

tribunals and its components to legal systems that rely on precedential case law

Common law – the law of common people of England, with the meaning that it was common for all in application

The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm

• the body of law based on judicial decisions and custom, as distinct from statute law

• the law of a state that is of general application, as distinct from regional customs

Statutory lawlaw can be found in two types of

publications: compilations of statutes or codified laws

the written law established by enactments expressing the will of the legislature, as distinguished from the unwritten law or common law

Statutory laws are those made by the government of a country

Regulatory lawOr administrative law;Regulation refers to "controlling human

or societal behavior by rules or restrictions”

legal restrictions promulgated by a government authority, self-regulation, social regulation, co-regulation and market regulation;

In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d'État as a court of last resort

Differences between statutory law and common lawStatutory law Common law

1. written law as decided by the legislature or other government agency;

2. Much more difficult to change;

3. How laws is created : those made by the government of a country.

1. Based on precedent or law case;

2. More malleable then statutory law;

3. New laws are created through the decisions made by judges.

Common law systemOne of two major legal system in the world“Common law” – refers to all those legal system which

have adopted the historical English legal systemUnder the common-law system, when a court decides

and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters

administered in the courts of England since the Middle Ages

Common law and equity are systems of law whose sources are the decisions in cases by judges

the doctrine of precedent developed.

Civil law systemCivil law system

Entire system of law that currently applies to most Western European countries, Latin America, large parts of Africa, Indonesia and Japan

the most widespread system of law in the world known as Continental European law The central source of law that is recognized as authoritative

are codifications in a constitution or statute passed by legislature, to amend a code;

principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow;

derived from ancient Roman law , and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian;

the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges;

civil law became codified as droit coutumier or customary law Belongs to the Romano-Germanic family

Common law Civil law Socialist law Islamic law

Other namesAnglo-American, English, judge-made

Continental, Romano-Germanic

Communist Religious law

Source of lawCase law, legislation

Statutes, legislation

Statutes, legislation

Qur'an

LawyersControl courtroom

Judges dominate trials

Judges dominate trials

Secondary role

Judges' qualifications

Experienced lawyers

Career judgesCareer bureaucrats, Party members

Religious as well as legal training

Degree of judicial independence

HighHigh; separate from Government

Very limited Very limited

JuriesProvided at trial level

Adjudicate in conjunction with judges in serious criminal matters

Often used at lowest level

Not allowed

Policy-making role

Courts share in balancing power

Courts have equal but separate power

Courts are subordinate to the legislature

Courts and other government branches are subordinate to the Shari'a

Major legal systems of the world

Common law legal system as opposed to civil law legal system

Common law legal system

Civil law legal system

1. common law was law developed by custom;

2. the methodological approach to codes and statutes: case law is a major source of law, while statutes are often seen as supplemental to judicial opinions;

3. Principle of separation of political powers (, judges are seen as balancing the power of the other branches of government);

4. certain sociological differences: judges are trained and promoted separately from attorneys

5. Legal sources of English law: judicial precedents, legislation, certain ancient textbooks and, to a very limited extent, local custom.

1. civil law developed out of the Roman law of Justinian's Corpus Juris Civilis;

2. the methodological approach to codes and statutes: legislation is seen as the primary source of law;

3. Principle of separation of political powers (to assign different roles to legislation and to judges, with the latter only applying the law );

4. certain sociological differences: judges are usually selected from accomplished and reputable attorneys;

5. became codified as droit coutumier were local compilations of legal principles recognized as normative.

Bibliography

Peter de Cruz, comparative Law in a changing world, 3rd Edition, Routladge-Cavadish, 2007

Slapper&Kelly, The English legal System, 8th Edition, Routladge-Cavadish, 2006

http://legal-dictionary.thefreedictionary.com/Regulatory+law

http://encyclopedia.thefreedictionary.com/Regulatory+law

http://memory.loc.gov/ammem/awhhtml/awlaw3/regulatory_law.html

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