Flashcards: Foundations of Comparative and English Legal Systems — 21 cartões

Comparative law — definition?

Methodological comparison of legal systems.

Historical development — year?

1839, when it became a formal academic discipline.

Purpose of CL — utility?

To analyze and understand legal differences and similarities.

Legal transplants — meaning?

Adopting laws or concepts from one system to another.

Macro comparison — focus?

Overall style and reliance on sources in legal systems.

Micro comparison — focus?

Specific legal issues across systems.

Legal families — basis?

Historical, cultural, and technical similarities.

Civil Law features?

Codified laws, deductive reasoning, influence from Codes.

Civil Law archetype?

French Civil Code of 1804.

Mixed systems — examples?

Quebec, Louisiana, South Africa, Scotland.

Religious law — basis?

Religious texts and doctrines.

European harmonization — driver?

European Court of Human Rights and EU directives.

UK jurisdictions — main?

England & Wales, Scotland, Northern Ireland.

English dualism — systems?

Common Law and Equity.

Fusion of English law?

Judicature Acts merged law and equity courts.

Sources of English law?

Statutes and case law.

Statutory interpretation — rule?

Literal rule, considering plain meaning.

Precedent — doctrine?

Stare decisis, follow previous legal decisions.

Court hierarchy — top?

Supreme Court, final appellate authority.

Common Law — basis?

Judge-made law, case decisions.

Legal families — purpose?

Identify common origins and characteristics.