Business Law – Unit 15
A legal system in a country embodies both the law of that country and the mechanisms the country has in place for regulating and enforcing those laws. A legal system incorporates: * The country’s law
* The legislature: the law making body
* The judiciary: the body that sits in judgment on disputes about laws * The prosecution system: the system that seeks to ensure the criminal law in enforced and people who break the law are prosecuted * The police: the body which seeks to enforce the law and protect the public * The prison system: the system that ensures people who have broken the criminal law are detained in accordance with their sentence. The term ‘legal system’ is also used to describe the underlying nature of the country’s law. Law is the enforceable body of rules that govern any society or to operate. It does not have to be written down, but can be simply rules that everyone in the society knows. Many states have written constitution outlining the citizen’s basic legal rights, and a body of national law, or rules, which governs how the state operates.This is known as positive law. There are 3 main legal systems which underlie state systems of law that have been adopted by different countries for different reasons: common law, civil law and Sharia law. Types of law
a. Civil law
Civil law exists to regulate disputes about the rights and obligations of persons when dealing with each other. Civil law consists of 2 key principles that are comprehensibility and certainty. This can be seen in the codes that provide the hallmark of civil law, and the different role allocated to judges in the civil law system. The state is not a party to a civil case, and there is a lighter burden of proof. In civil law proceedings the case must be proven on the balance of probability, to convince the court that is more probable than not that the assertions are true. In civil law cases the claimant sues the defendant. One of the most important areas of civil responsibility for business and accountants in particular is the law of trade and contract. For example a civil case maybe a landlord disputes proceedings property disputes (real estate or material) etc. Civil law cases are filed by private party in punishment for civil law cases a defendant is never executed but the losing defendant reimburses the claimant for losses caused by the defendant’s behavior. Either party (claimant or defendant) can be found at fault. Civil law originated in continental Europe, but has similarly been exported through world empires and so is equally prominent in other world areas, for example, Brazil. Civil law systems are much younger than common law ones, although they come from equally old heritages. Germany and France are examples of these systems. In modern times, civil law and common law share common elements. TheBrazillian Constitution organizes the country as a Federative Republic, formed by the indissoluble union of the states and municipalities and of the Federal District. The 26 federate states have powers to adopt their own Constitutions and laws. Their autonomy, however, is limited by the principles established in the Federal Constitution. Municipalities also enjoy restricted autonomy as their legislation must follow the dictates of the Constitution of the state to which they belong, and consequently to those of the Federal Constitution itself.
Sources of Civil Law
* EU law
* Administrative Regulations
* Custom (of limited importance, so shall not consider this further) The key source of law is statute, much of which is codified. Administrative regulations are also codified. Statute law is usually drafted as general principles and in simple language as far as possible, so as to ensure that the law is accessible. Reviewing in judicial aspect, civil law tradition judges do not have a key role interpreting statute; a system of judicial review...
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