Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.
Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their decisions. If no statute directly governs the dispute, judges may base their decisions on established custom" (Civil law, 2008, the Law Library). Also, unlike common law appellate courts, Louisiana justices operating under civil law may review findings of fact as well as findings of law and overturn the decisions of lower courts because they believe a defendant to be innocent, not merely because there was a legal error.
Civil law is heavily influenced by Roman law. However,...
The NPC, importantly, controls both legislative and judicial functions -- true to the consolidation of power in communism. When discussing the Chinese judiciary, one must understand there are no juries, only judges; and hearsay is admissible as evidence, unlike the civil tradition. However, in keeping with civil tradition, evidence obtained from documents carries more weight than oral testimony. The judge in a Chinese court is not interested in defending
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.). Part 1.2.1 - Civil
Neo-Liberalistic Legal Concepts on Nations With Distinct Legal Tradition (Common, Civil, Socialist) This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice.
President Karzai confirmed that the sharia would remain as the law of the land but gave assurances that amputation punishments would not be enforced (Shea 2002). He stressed that very strict rules applied in such cases. Extreme sharia had no room for checks on judicial power. Extreme sharia's all-powerful judicial mechanism excludes democracy and sharply reduces human freedom. With its 7th-century laws and punishments, the Supreme Court was not only
American National Character America can almost be thought of as a massive experiment in culture. Here we have a nation inhabited almost entirely by immigrants; all with different languages, customs, beliefs, and appearances who are forced to somehow reach a common understanding and identity. Through the over two hundred years of American history many differences have threatened to unravel our diverse nation, but still, many commonalities have ultimately held it
Confidentiality and Law: Expectations of Trust in Legal Ethics There is a significant and critical difference between what one considers professional ethics and one's personal morality. Professional ethical rules may have developed under the wider umbrella of ethical principles, but they do not necessarily reflect what people would consider to be moral behavior. In fact, in some instances, acting in a manner that is considered professionally ethical may require people to
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