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Civil Law Systems
- They have their origin in the Roman legal tradition.
- Civil systems vary widely, both in procedure and substantive law, so conducting research on a particular nation's civil law system should include looking at that nation's specific system of law, but they do have some trademark characteristics.
- Nations with civil law systems have comprehensive, frequently updated legal codes. Most importantly, case law is a secondary source in these jurisdictions.
- France and Germany are two examples of countries with a civil law system.
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Quick Primer on the World's Legal Systems
There are generally considered to be five legal systems in the world today:
- Civil law
- Common law
- Customary law
- Religious law
- Mixed legal systems.
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Customary Law Systems
- They are based on patterns of behavior (or customs) that have come to be accepted as legal requirements or rules of conduct within a particular country.
- The laws of customary legal systems are usually unwritten and are often dispensed by elders, passed down through...
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Common Law Systems
- While they often have statutes, common law systems rely more on precedent, judicial decisions that have already been made.
- Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties.
- The l...
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Religious Legal Systems
These are the systems where the law emanates from texts or traditions within a given religious tradition.
Many Islamic nations have legal systems based in whole or in part on the Quran.
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Customary Law Systems
- They are based on patterns of behavior (or customs) that have come to be accepted as legal requirements or rules of conduct within a particular country.
- The laws of customary legal systems are usually unwritten and are often dispensed by elders, passed down through...
Common Law Systems
- While they often have statutes, common law systems rely more on precedent, judicial decisions that have already been made.
- Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties.
- The l...
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