Classification of Law (HSC SSCE Legal Studies): Flashcards
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Origin of civil law system
Origin of civil law system
Roman law
Type of system used in civil law
Type of system used in civil law
Codified system with written code of law
Role of judges in civil law systems
Role of judges in civil law systems
Apply and interpret pre-existing codes
Origin of common law
Origin of common law
Custom and tradition
Source of legal rules in common law
Source of legal rules in common law
Derived partly from court rulings (precedents)
Trial system used in common law countries
Trial system used in common law countries
Adversarial system
Judge's role in inquisitorial system
Judge's role in inquisitorial system
Active role, collects evidence for both sides
Judge's role difference: civil vs common law
Judge's role difference: civil vs common law
Civil: interpret codes; Common: interpret & create law
Two meanings of 'civil law'
Two meanings of 'civil law'
(1) Legal system type (2) Private law area
Example of common law country
Example of common law country
Australia (also UK, USA, Canada, New Zealand)