Meaning and Concept of Legal System
Two common patterns are that of the presidential system and that of the parliamentary system. The former merges ceremonial and political power into a single office, with its holder elected directly and completely separately from the legislature: it is therefore quite possible (and common in the United States) for the president of one party and a majority of the legislature to belong to another party. It separates the executive and legislative powers, so neither institution can dissolve the other: the president is impeached only for serious crimes in which the legislature acts as a court. The president appoints ministers for confirmation by the legislature, but there is no collective responsibility of cabinet. The president usually has veto power over laws, which can only be overridden by a special parliamentary majority. On the other hand, the decisive power of taxation lies with the legislator. Private law defines who is considered to have legal capacity and deals with their legal capacity (for the protection of the very young or mentally ill). These natural persons may create other “artificial” legal entities such as associations, foundations and companies. The historical law school believes that today`s societies should base their legal decisions on the examples of the past.
Precedents would be more important than moral arguments. The basis for the application of the law consists of (1) a written or oral constitution; (2) primary laws, statutes and laws; authorized by a legislative body authorized by the Constitution; (3) a body approved by primary law adopts subsidiary laws or statutes; (4) traditional practices confirmed by the courts; (5) Civil, general, Roman or other code as the source of these principles or practices. (*Legal Dictionary: What is a Legal System? It should be noted that, from a technical point of view, there are as many legal systems as there are independent sovereign countries. For example, Nigeria has its own legal system, which would have consisted of “any set of laws or legal rules and mechanisms that function in Nigeria as a sovereign and independent African country. On a larger scale, however, sovereign countries are grouped into broader legal system classifications because they share similar basic characteristics. As a general rule, there are few generalizations that can be made between different constitutions. First, constitutions seek to regulate the division of powers, functions and duties among various agencies and government officials, and to define the relationship between them and the public. Second, no constitution, no matter how good, can protect a political system from effective usurpation. Third, those in power in many countries are more or less completely ignorant of the constitution.
Fourth, even when constitutions do, none is complete: each operates within a matrix of compromises, customary laws or jurisprudence. Fifth, most begin by identifying (at least on paper) the constituent authority (as “the people”) and often invoke the deity (i.e., Canada, Germany, Greece, Ireland, Pakistan, Switzerland). Sixth, as a rule, they separate the legislative, executive and judicial organs of the State. Seventh, they usually contain or incorporate a bill of rights. Eighth, they often provide a method of repealing laws and other unconstitutional instruments, including the Bill of Rights. Ninth, they approach the international scene only in general terms and in practice confer extensive powers on the (federal) executive. Finally, they deal with the status of international law, either by giving it direct internal effect or by denying it. There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether through the practice of sovereign States or through agreement between them in the form of treaties and other agreements. Some transnational entities, such as the European Union, have created their own legal structures. At the national level, the United Nations has more than 180 sovereign States. Many of them are federal and their components may have their own additional laws.
An old proverb of the law says that the law does not deal with trivialities or unimportant matters (Latin de minimis non curat lex). All the injustices you experience in life will not be a reason to take legal action. If you got up for a Saturday night date and feel embarrassed or humiliated, you can`t get anything back in court in the U.S. because there`s no cause of action (no basis in substantive law) you can use in your claim. If you are engaged and your future spouse is exempt from the marriage ceremony, some states provide a legal basis for legal action. The “violation of the promise of marriage” is recognized in several states, but most states have abolished this cause of action either by court order or by law. Whether a runaway bride or groom justifies a valid cause of action in court depends on whether the state`s courts recognize and still enforce that disappearing cause of action. Comprehensive customer relationship management system for law firms. The common law legal system is based on the principle of stare decisis, which means “to leave the decision in abeyance”. It is further explained as a golden rule that states that decisions of higher courts are binding on lower courts and that decisions of courts with coordinated jurisdiction are binding on each other in all respects. 2. The laws of civil law systems are widely codified.
Codification is the compilation of laws in a single document per subject. In nations that were former colonies of European nations, different ethnic and tribal factions often made it difficult for a single, unified government to govern effectively. In Rwanda, for example, power struggles between Hutu and Tutsi led to the genocide of the Tutsi minority. (Genocide is the deliberate and systematic killing or expulsion of one group of people by another group. In 1948, the international community officially condemned the crime of genocide.) In the countries of the former Soviet Union, the withdrawal of a central government created a power vacuum exploited by ethnic leaders. When Yugoslavia disintegrated, the different ethnic groups – Croats, Bosnians and Serbs – fought fiercely for their homeland instead of sharing power. In Iraq and Afghanistan, it remains to be seen how different groups of families, tribes, sects and ethnic groups will effectively merge into a national governing body sharing power. A number of other countries have a dual system. In such a system, religious rules govern and religious courts rule on matters such as marriage, divorce and family relations. However, a secular system with state courts covers the broader areas of public and commercial law.
This was the situation in England until the 1850s and it is now the case in Israel, India and Pakistan. In these dual jurisdictions, the proportion of human activity regulated by either system may depend on the level of economic and political development of the country concerned. What about the socialist legal system, the characteristics of the socialist legal system and its development??? There are various sources of law in the U.S. legal system. The Constitution of the United States is fundamental; American law and common law must not conflict with its provisions. Congress creates the legal law (with the signature of the president), and the courts will interpret the constitutional law and the law. Where there is no constitutional or statutory law, the courts work in the common law domain. The same applies to the law in the fifty states, each of which also has a constitution or a fundamental law. Suppose a court has to decide whether an employer can fire an employee without cause. Suppose there were no laws that applied to the facts: there was no contract between the employer and the employee, but the employee had worked for the employer for many years, and now a younger person was replacing him.
The court should decide, without prior guidelines, whether the employee has raised a “cause of action” against the employer. If the court decides that the case is not legally enforceable, it will dismiss the claim. Future courts would then treat similar cases in the same way. In this lawsuit, the court could find that employers can fire employees for any reason or no reason. This rule could be applied in the future if similar cases occurred. The civil legal system is mainly inspired by Roman law and in particular the Codex of Justinian. The Code of Justinian provided an elaborate model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. Cases are legal decisions based on a specific set of facts involving parties who have a real interest in the controversy. Some systems are a mixed parliamentary/presidential structure. In France, for example, the president is far from being a mere titular head of state. Since 1962, he has been directly elected by the people, appoints the Prime Minister, has emergency powers and signs decrees resulting from the extensive legislative functions of the executive.