Civil law system pdf

The task of lawyers should not be to defend their legal systems but to improve them. A m erican com m on law system, there is no form al civil law counterpart to discovery. Civil law vs common law difference and comparison diffen. Civil law is an undergraduate discipline that has a very. Civil law is the most common legal system in the world. The law and finance theory predicts that the common law system provides the best basis for financial development and economic growth, followed by scandinavian and german origin civil law and. A primer on the civillaw system federal judicial center. Intro to civil law legal systems federal judicial center. Introduction to civil law legal systems pdf 20p this note covers the following topics. Constitutional law tells you how the state is organised and what your human rights are.

The judicial capacity of the praetor, elected for a oneyear term, was limited. Sistem yang dianut oleh negaranegara eropa kontinental yang didasarkan atas hukum romawi disebut sebagai sistem civil law. Sistem civil law mempunyai tiga karakteristik, yaitu adanya kodifikasi, hakim tidak terikat kepada preseden sehingga undangundang menjadi sumber hukum yang terutama, dan sistem peradilan bersifat inkuisitorial. N or, in m ost cases, is there any single event that the com m on law law yer w ould recognize as a trial. Western european and latin american legal systems, by john h.

The aim of this paper was not to judge which legal system is better. Organisation of the state the constitution sets out the rules that are used to govern the country. The praetors and judices seldom had any legal training. Judges decide matters of law and, where a jury is absent, they also find facts. The civil law system was developed from roman law, the legal system used in the roman empire. Constitutional law poses a special problem for civillaw. On the european continent, justinians resurrected lawbooks and the legal system of the catholic church played critical roles. In a civil law system, the judges role is to establish the facts of the case and to apply the provisions of the applicable code. In other countries, such as italy, the court of cassation is the final authority on conflicts of jurisdiction. Pdf the aim of this paper was not to judge which legal system is better. Though the judge often brings the formal charges, investigates the matter, and decides on the case, he or she works within a framework es tablished by a comprehensive, codified set of laws.