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Topic: Civil law legal systems


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  Civil law (legal system) - Wikipedia, the free encyclopedia
Civil law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges.
Civil or civilian law is a legal tradition which is the base of the law in the majority of countries of the world, especially in continental Europe and the former Soviet Union, but also in Quebec (Canada), Louisiana (USA), Puerto Rico (a U.S. territory), Japan, Latin America, and most former colonies of continental European countries.
Chinese law is a mixture of civil law and socialist law.
en.wikipedia.org /wiki/Civil_law_(legal_system)   (1640 words)

  
 Jeff Charney - Linden New Jersey Accident Lawyer - Jeff Charney - US Lawyer Locator   (Site not responding. Last check: 2007-10-13)
As opposed to the common law tradition of most Anglo-American jurisdictions, in civil law legal systems (such as continental Europe, Quebec and Puerto Rico) negligence is classified as a form of extra-contractual responsibility called a quasi-delict (in distinction to the more wilful delicts) within the conceptual framework of the law of obligations.
Consequently, as a matter of law, a person may be declared by a court liable as a matter of law ("negligence per se") if it is proven that he or she broke the law.
In civil law jurisdictions the procedure is more akin to an investigation with investigative judges will interview all parties and witnesses and then prepare reports to be submitted to a panel of judges for final decision.
www.uslawyerlocator.com /legal/l0053.shtml   (2342 words)

  
 Law School Exams, sample answers, flashcards and outlines -- LawExams.com
The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case.
A tort is distinguished from the law of contract, law of restitution, and the criminal law.
The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed.
www.lawexams.com /tort-law.html   (967 words)

  
 William Tetley, Mixed jurisdictions: common law vs civil law (codified and uncodified) (Part I)
Civil law may be defined as that legal tradition which has its origin in Roman law, as codified in the Corpus Juris Civilis of Justinian,[20] and as subsequently developed in Continental Europe and around the world.
Civil law jurisdictions often have a statute law that is heavily influenced by the common law.
Consequentially, civil law systems are "closed", in the sense that every possible situation is governed by a limited number of general principles,[135] while common law systems are "open", in the sense that new rules may be created or imported for new facts.
www.cisg.law.pace.edu /cisg/biblio/tetley.html   (18079 words)

  
 Philosophy of Law: Lecture Notes: University of West Georgia - Robert Lane, Ph.D.   (Site not responding. Last check: 2007-10-13)
adversarial system (df.): a system in which the role of the court is to serve as an impartial judge between opposing parties, each of which attempts to convince the court of its own version of the facts; common law legal systems are adversarial.
inquisitorial system (df.): a system in which judges are active in investigating what the facts of the case are and in which judges rather than attorneys call and question witnesses; civil law legal systems are inquisitorial.
[1] The phrase “civil law” is sometimes used in a different way, to mean private law, the area of the law (whether in a civil law legal system or some other sort of system) that deals with the rights of and relationships between and among private citizens.
www.westga.edu /~rlane/law/lecture05_systemsAndInternational.html   (1437 words)

  
 Whittier Law School - Centers & Programs
An analysis of the legal and moral dilemmas that arise from new technology in the life sciences, which challenge traditional assumptions, including mind and behavior, genetic, procreative, reproductive, and death control methods; and organ transplantations.
A survey of employment discrimination law, including substance and procedure; federal statutes prohibiting discrimination on the basis of race, national origin, gender, religion, age or physical disability; and a discussion of disparate impact, treatment theories, and the application of statistical techniques.
Students engage in a critical examination of legal problems of particular concern to teenagers to better understand fundamental principles of authority, fairness, justice and individual responsibility that underlie the American legal system.
www.law.whittier.edu /centers/elective-courses.asp   (5482 words)

  
 Translating Law Texts is Translating Culture
The common law and civil law legal systems are the two main systems of the western world.
This system’s history began when Roman emperor Justinian united all of the laws in continental Europe and consolidated them into a single code under the name of “Corpus Juris Civilis.” This would later come to be known as Civil Law, Continental Law or Roman Law.
Nonetheless, the difference between civil law and common law resides not in the mere act of enactment but rather in the methodological approach applied to the codes and legislation.
www.translationdirectory.com /article1064.htm   (1121 words)

  
 GlobaLex - Religious Legal Systems: A Brief Guide to Research and Its Role in Comparative Law
Far from being wholly academic, however, comparative law is a practical approach in the service of 1) legal education 2) the appreciation of treaty implementation and 3) choice of law in the new world of public/private international law known as transnational law.
It is clear that in areas of private law such as family law, inheritance, and in come commercial transactions, several religious systems influence secular law or are incorporated as a regime which may or must be applied in those areas or to members of certain religious communities.
Wijeyeratne, Roshan De Silva., Law and The Sacred: The Silent Echo of the Law Phenomenology and the Cosmology of Buddhism, 5 Law/Text/Culture 319 (2000).
www.nyulawglobal.org /globalex/Religious_Legal_Systems.htm   (5167 words)

  
 Academics - Loyola Law School Los Angeles   (Site not responding. Last check: 2007-10-13)
It addresses: (1) pretrial rules and procedures, (2) the roles of the judge, jury, and lawyers, (3) the structure of the trial, (4) the rules governing the admissibility of evidence, (5) the basics of trial advocacy and (6) post-trial rules and procedures.
The main features of civil and criminal procedure in the civil law countries will follow, as well as recent and current reforms of the criminal systems in Latin America.
This system includes international treaties that enable the recognition of intellectual property interests across borders, such as the Berne Convention (copyright) and Paris Convention (patent and trademark), as well as TRIPS, the IP-specific agreement binding on all WTO members.
www.lls.edu /academics/bologna/courselistings.html   (2132 words)

  
 Comparative Civil Procedure
As Civil Procedure has been traditionally considered as being governed by lex fori (the law of the state where the proceedings take place), primary and secondary sources for this subject should be researched jurisdiction by jurisdiction.
Appellate procedure in the context of the new law of civil procedure.
Appelate procedure in the context of the new law.
www.law.nyu.edu /library/foreign_intl/civilproc.html   (4127 words)

  
 SSRN-Macau Business Law and Legal System by Jorge Godinho
Namely, all special guarantees of obligations, regardless of their civil or commercial nature, are considered in the same chapter; this approach has for example the advantage of not separating the analysis of matters that have both civil and commercial regulation, such as the pledge.
The ‘localization’ of the legal system has eased the language barrier problem for those who master Chinese, but it remains true that most key doctrinal materials are written in Portuguese.
Although this book is by no means a work of comparative law, it was felt useful to provide references to English-language publications from other parts of the civil law tradition discussing the matters covered, so as to enable the interested English-speaking monoglot to pursue further research.
papers.ssrn.com /sol3/papers.cfm?abstract_id=887153   (732 words)

  
 Untitled Document
The legal profiles are organized country by country, as opposed to regionally as with the social-cultural profiles.
Modern aspects of the law that are based on the views of other schools of law from that which predominates in a particular state are also noted wherever this constitutes a significant deviation in the contemporary application of the law.
While there is a long-standing and well developed system of case reporting in certain jurisdictions (for example, much of South Asia), there are other states where the legal system is not based on case law and where there is no official system of case reporting or there is an emerging system.
www.law.emory.edu /IFL/legal   (1611 words)

  
 International Team Project Italy: Research Checklist--Pritzker Legal Research Center
Note: Materials on the law of a particular country on a particular subject might be found either in books devoted to the jurisdiction or in materials devoted to the subject.
This index, which began in 1960, covers more than 550 selected legal periodicals, most of which are published outside of the United States, as well as collections of essays, dealing with international law (both public and private), comparative law, and the domestic law of countries worldwide.
It does not attempt to cover the legal systems of the United States, the British Isles, and the British Commonwealth.
www.law.northwestern.edu /lawlibrary/research/foreign/italy.htm   (2280 words)

  
 The relation between dividends and insider ownership in different legal systems: international evidence
We hypothesize that, due to the different characteristics of both the legal system and the nature of agency conflicts in firms from those countries, the relation between dividend policies and ownership by insiders will be considerably distinct between the two sets of companies.
We find that while in firms from Anglo-Saxon tradition the relation between dividends and insider ownership follows the pattern negative-positive-negative, in Civil Law countries the relation is positive-negative-positive.
These results are consistent with our hypotheses and breed new insights into the role of dividend policy as a disciplining mechanism in countries with different legal systems and distinct agency problems.
ideas.repec.org /p/por/cetedp/0509.html   (1039 words)

  
 FindLaw: Legal Subjects: Civil Rights: Disabilities
ABA Commission on Mental and Physical Disability Law Publications, research, FAQs and lawyer registry.
DisabilityClaims.com From The Law Firm of Scott M. Riemer.
The Council of Parent Attorneys and Advocates Legal resources for parents of children with disabilities; tools and information for effective advocacy.
www.findlaw.com /01topics/36civil/disabilities.html   (607 words)

  
 FindLaw: State Resources
Use the Thomson Legal Record to access a lawyer's litigation record!
U.S. Legal Forms, Inc. : **Over 36,000 Legal Forms** Stop Reinventing the Wheel each time you draft a legal document.
AbacusLaw: Complete law office software for time, billing, accounting, calendars, clients and cases.
www.findlaw.com /11stategov   (280 words)

  
 Schubert, Introduction to Law and the Legal System - Key Topics
Schubert, Introduction to Law and the Legal System - Key Topics
Make sure you can identify and discuss these key topics.
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college.hmco.com /polisci/schubert/law_legal_process/8e/students/key   (66 words)

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