LWSO 201 Lecture Notes - Mischief Rule, Adversarial System, Judicial Activism
12 Mar 2013
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Document Summary
Civil and common law systems: civil law system: a) b) Defined: a comprehensive compilation of rules covering all aspects of an area of law. Stare decisis/precedent: to stand by decision and not disturb the undisturbed . Benefits: continuity, certainty, rule of law, flexibility linked to rule of law, fairness and predictive value. Precedents, statutes and legal reasoning (good discussion of precedent and judicial activism) The doctrine of precedent: precedent as a guiding rule and not an absolute requirement. This case system: precedent a legal system is a description of the methods used in a country to declare, change and interpret the law: civil law system, customary law system, islamic law, common law, socialist law. Customary legal systems: what has always been done in certain circumstances is the law (based on customs, and what people agree on, international law - law b/w the nations. Islamic law: based on religious documents, coran and suna, legal system based on religion.
