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Legal systems of the world. The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [1]
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. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems). [42] [15] While Common law systems place great weight on precedent, [90] civil law judges tend to give less weight to judicial precedent. [91]
English and Welsh law can be described as having its own legal doctrine, distinct from civil law legal systems since 1189. There has been no major codification of the law, rather the law is developed by judges in court , applying statute , precedent and case-by-case reasoning to give explanatory judgments of the relevant legal principles.
The distinction between civil law and common law legal systems has become less useful over time as the two groups have become more similar to one other, and also less cohesive as some members of each group have become more different from others. [17] Some analysts also consider socialist legal systems to constitute a
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
Either a group (known as a "bench") of "lay magistrates", or a district judge, will hear the case. A bench must consist of either two or three magistrates. Alternatively, a case may be heard by a district judge (formerly known as a stipendiary magistrate), who will be a qualified lawyer and will sit singly, but has the same powers as a lay bench.
A legal system is the system of laws governing a human society such as a nation state. The main articles for this category are Legal system and Legal systems of the world . Wikimedia Commons has media related to Legal systems .