Five Main Legal Systems
February 6, 2012
Law of Contracts
In the world there are 5 main legal systems, common law, civil law, Muslim law, customary law, and Talmudic law. Common law is the law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. It is a legal system that gives great precedential weight to common law, the principle that it is unfair to treat similar facts differently on different occasions. The common law can be well use in cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis).
In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity.
The legal systems within the United Kingdom were based largely on judge-made law (law developed through decisions by judges necessary to decide cases brought before them called "common law” until around the seventeenth century. Each jurisdiction developed its own forms of common law, with Scotland being especially distinct from the rest. Since that time, new laws and law reform have increasingly been brought about through Acts of Parliament,... [continues]
Cite This Essay
(2012, 02). Five Main Legal System of the World. StudyMode.com. Retrieved 02, 2012, from http://www.studymode.com/essays/Five-Main-Legal-System-Of-The-920951.html
"Five Main Legal System of the World" StudyMode.com. 02 2012. 2012. 02 2012 <http://www.studymode.com/essays/Five-Main-Legal-System-Of-The-920951.html>.
- MLA 7
"Five Main Legal System of the World." StudyMode.com. StudyMode.com, 02 2012. Web. 02 2012. <http://www.studymode.com/essays/Five-Main-Legal-System-Of-The-920951.html>.
"Five Main Legal System of the World." StudyMode.com. 02, 2012. Accessed 02, 2012. http://www.studymode.com/essays/Five-Main-Legal-System-Of-The-920951.html.