Legal systems of the world

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Common law ……………………………………………………....3
Common law in England …………………………………………..4
History of English law …………………………………………..…5
Structure and sources of English law ……………………………...6
Law of the united states …………………………………………....9
History of US law …………………………………………………10
Structure and sources of US law …………………………………..11
Civil law …………………………………………………………...13
Law of France ……………………………………………………..14
Law of Germany …………………………………………………..17
Conclusion …………………………………………………………20

3.

In law, common law is the body of law created by judges and similar quasijudicial tribunals by virtue of being stated in written opinions. The defining
characteristic of “common law” is that it arises as precedent.

4.

Common law, also called Anglo-American law, the body of customary law,
based upon judicial decisions and embodied in reports of decided cases,
that has been administered by the common-law courts of England since the
Middle Ages.
English law is the common law legal system of England and Wales,
comprising mainly criminal law and civil law, each branch having its own
courts and procedures.
In this context, common law means the judge-made law of the King's
Bench; whereas equity is the judge-made law of the (now-defunct) Court
of Chancery, Equity is concerned mainly with trusts and equitable
remedies.

5.

The English common law originated in the early Middle Ages in the King's
Court (Curia Regis), a single royal court set up for most of the country at
Westminster, near London. The common law of England was largely
created in the period after the Norman Conquest of 1066.

6.

The Crown Court of England and Wales is, together with the High Court of
Justice and the Court of Appeal, one of the constituent parts of the Senior
Courts of England and Wales. It is the highest court of first instance in
criminal cases; however, for some purposes the Crown Court is
hierarchically subordinate to the High Court and its Divisional Courts.

7.

Court of King's Bench :
The Court of King's Bench, formally known as The Court of the King
Before the King Himself, was a court of common law in the English legal
system.
Middlesex Guildhall :
The Middlesex Guildhall is the home of the Supreme Court of the United
Kingdom and of the Judicial Committee of the Privy Council.
Court of Common Pleas :
The Court of Common Pleas, or Common Bench, was a common law court
in the English legal system .

8.

Legislation (primary and secondary)
The case law rules of common law and equity, derived from precedent
decisions.
Parliamentary conventions.
General customs.
Books of authority.
The rule of European Union law in England, previously of prime
importance, has been ended as a result of Brexit.

9.

The U.S. is a common law country. In all states except Louisiana (which is
based on the French civil code), the common law of England was adopted
as the general law of the state, EXCEPT when a statute provides otherwise.
Common law has no statutory basis; judges establish common law through
written opinions that are binding on future decisions of lower courts in the
same jurisdiction. Broad areas of the law, most notably relating to property,
contracts and torts are traditionally part of the common law.

10.

Background. At both the federal and state levels, the law of the United
States was mainly derived from the common law system of English law,
which was in force at the time of the Revolutionary War. However, U.S.
law has diverged greatly from its English ancestor both in terms of
substance and procedure

11.

Supreme Court of the United States :
he Supreme Court of the United States (SCOTUS) is the highest court in
the federal judiciary of the United States of America.
United States district court :
The United States district courts are the general trial courts of the United
States federal judiciary.
United States courts of appeals :
The United States courts of appeals or circuit courts are the intermediate
appellate courts of the United States federal judiciary.

12.

In the United States, the law is derived from five sources: constitutional
law, statutory law, treaties, administrative regulations, and the common law
(which includes case law).

13.

Civil law is a legal system originating in mainland Europe and adopted in
much of the world. The civil law system is intellectualized within the
framework of Roman law, and with core principles codified into a referable
system, which serves as the primary source of law.
The civil law system is often contrasted with the common law system,
which originated in medieval England, whose intellectual framework
historically came from uncodified judge-made case law, and gives
precedential authority to prior court decisions.

14.

The Law of France refers to the legal system in the French Republic, which
is a civil law legal system primarily based on legal codes and statutes, with
case law also playing an important role.

15.

History of France law :
In the High Middle Ages, most legal situations in France were highly local,
regulated by customs and practices in local communities.[30] Historians
tend to be attracted by the large regional or urban customs, rather than local
judicial norms and practices.[30] Beginning in the 12th century, Roman
law emerged as a scholarly discipline, initially with professors from
Bologna starting to teach the Justinian Code in southern France.
Sources of France law :
Legislative sources
Hierarchy of norms
EU law and international treaties.

16.

Tribunal de commerce :
In France, the tribunal de commerce (plural tribunaux de commerce,
literally "commercial courts") are the oldest courts in the French judicial
organization. They were created at the end of the Middle Ages.
Labour Court :
In France, the Labour Courts or employment tribunals (in French: conseil
de prud'hommes) resolve individual disputes arising out of an employment
contract.
Court of Appeal of Paris :
The Court of Appeal of Paris (French: Cour d'appel de Paris) is the largest
appeals court in France in terms of the number of cases brought before it.

17.

History of Germany law :
German law has been subject to many influences over the centuries. Until
Medieval times the Early Germanic Law, derived from the Salic Law of the
Salian Franks and other tribes, was common. ... It became common law
(Gemeines Recht) in large parts of the German-speaking world and
prevailed far into the 19th century.

18.

Federal Administrative Court :
The Federal Administrative Court (Bundesverwaltungsgericht) is one of the
five federal supreme courts of Germany.
Oberlandesgericht :
An Oberlandesgericht (plural – Oberlandesgerichte; OLG, English: Higher
Regional Court,or in Berlin Kammergericht: KG) is a higher court in
Germany.
Reichskammergericht :
The Reichskammergericht it was one of the two highest judicial institutions
in the Holy Roman Empire.

19.

The sources of the law in Germany comprise statutory law as the central
and primary source which includes the constitution, statutes and
ordinances, regulations, decrees and charters. Court decisions are another
source,
And, in contrast to jurisdictions such as the UK or the US they do not have
a precedent function in that courts are not bound to follow the decisions of
higher courts in a previous case. Courts are bound by the law rather than by
precedents. Custom is generally recognized to be yet another source of the
law as are interpretations of the law.

20.

In conclusion, in the common law system, the judge can produce law and
also to declare it by means of interpretation of previous judgments or a
written law. While the English law is being increased by written statutes
and EU regulations the role of the judge will be limited to the new
legislation.
The English Crown had turned to the common law and its lawyers when
the Crown's financial straits had left it with neither an army nor a
bureaucracy to govern its North American empire. Prior to 1730, the
lawyers on the whole served the Crown well. They imposed the common
law throughout the Carolinas and Middle Colonies.