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