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| | civil law. The Columbia Encyclopedia, Sixth Edition. 2001-05 |
 | | Nevertheless, civil law influenced the common law in the fields of admiralty law, testamentary law, and domestic relations, and civil law became part of the basis for the system of equity. | | | Civil law is based on written legal codes, a hallmark of the Roman legal system, in which disputes were settled by reference to a written legal code arrived at through legislation, edicts, and the like; common law is based on the precedents created by judicial decisions over time. | | | The civil law judge is bound by the provisions of the written law. |
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http://www.bartleby.com/65/ci/civillaw.html
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| | Learn more about Civil law in the online encyclopedia. |
| | Originally civil law was one common legal system in much of Europe, but with the development of nationalism in the 17th century Nordic countries and around the time of the French Revolution, it became fractured into separate national systems. | | | Violations of civil law are considered to be torts or breaches of contract, rather than crimes. | | | The civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as latter developed through the Middle Ages by mediaeval legal scholars. |
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http://www.onlineencyclopedia.org/c/ci/civil_law.html
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| | Duhaime's Canadian Law Dictionary : C |
| | Common law is often contrasted with civil law systems which require all laws to be written in a code or written collection. | | | Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. | | | It is a matter of legal debate whether or not common law and equity are now "fused." It is certainly common to speak of the "common law" to refer to the entire body of English law, including common law and equity. |
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http://www.duhaime.org/dictionary/dict-c.aspx
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| | The Civil Law System |
| | Also unlike the common law, though, the civil law decisions never stated the reasons for the particular outcome of a case. | | | The civil law system, also known as the continental system, is used in many more countries than the common law. | | | The essence of the civil law is that every law of the country is "codified," or written into the law. |
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http://www.suite101.com/article.cfm/comparative_law/11994
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| | Vermont Secretary of State - Civil Unions |
| | Parties to a civil union are given all the same benefits, protections and responsibilities under Vermont law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, as are granted to spouses in a marriage. | | | A copy of the civil union certificate received from the town clerk, the commissioner of health or the director of public records shall be presumptive evidence of the civil union in all courts. | | | The civil union may be solemnized anywhere in the state but must occur within 60 days of the issuance of the license by the town clerk. |
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http://www.sec.state.vt.us/otherprg/civilunions/civilunions.html
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| | CATHOLIC ENCYCLOPEDIA: Common Law |
| | The common law of England is not the basis of the jurisprudence of Scotland; that country having adhered to the civil law as it existed at the time of the union with England except so far as it has been modified by subsequent legislation. | | | The Court of Common Pleas had jurisdiction over ordinary civil actions, while the Court of Exchequer was restricted in its jurisdiction to causes affecting the royal revenues. | | | When the thirteen American colonies achieved their independence, the English common law, as it existed with its legal and equitable features in the year 1607, was universally held by the courts to be the common law of each of the thirteen states which constituted the new confederated republic known as the United States of America. |
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http://www.newadvent.org/cathen/09068a.htm
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| | English law - Wikipedia, the free encyclopedia |
| | The European Union consists mainly of countries which use civil law and so the civil law system is also in England in this form, and the European Court of Justice, a predominantly civil law court, can direct UK courts on the meaning of EU law. | | | The essence of common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the fact before them. | | | Actually part of the English legal system has always been considered to be based upon the civil law, (although it has little to do with it), namely the ecclesiastical courts and the courts of admiralty. |
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http://en.wikipedia.org/wiki/English_law
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| | LII: Law about...Civil Procedure |
| | "Civil trials" concern the judicial resolution of claims by one individual or group against another and is to be distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law. | | | Under the American "common law" system, the initial burden is on the complaining party (the "Plaintiff") to file suit in court. | | | Substantive law includes contract law, tort law, and so on. |
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http://www.law.cornell.edu/topics/civil_procedure.html
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| | Case law |
| | Unlike most civil law systems, common law systems follow the doctrine of stare decesis in which a lower court usually make decisions which are consistent with previous decisions of higher courts. | | | Thus common law systems are adopting one of the approaches long common in civil law jurisdictions. | | | Some so-called civil law jurisdictions such as Scotland, Quebec and Louisiana do not follow these traditions, as they are jurisdictions that have been influenced heavily by the Anglo-American common law tradition, however their substantive law is firmly rooted in the civil law tradition. |
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http://www.worldhistory.com/wiki/C/Case-law.htm
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| | Common law - Wikipedia, the free encyclopedia |
| | The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts. | | | Today common law is generally thought of as applying only to civil disputes; originally it encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century, although many criminal codes reflect legislative attempts to codify the common law. | | | In the United States, the Corpus Juris Secundum is a compendium of the common law and its variations throughout the various state jurisdictions. |
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http://en.wikipedia.org/wiki/Common_law
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| | BIGpedia - Common law - Encyclopedia and Dictionary Online |
| | The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts. | | | The opposition between civil law and common law legal systems has become increasingly blurred, with the importance of jurisprudence (almost like case law but in name) in civil law countries, and the growing importance of statute law and codes in common law countries (for instance, in matters of criminal law). | | | The type of procedure practiced in common law courts is known as the adversarial system; this is also a development of the common law. |
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http://www.bigpedia.com/encyclopedia/Common_law
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| | Common Law 1 |
| | We have found that we are not in Common Law under the Constitution-- in fact, we're not in Equity under the Constitution-- we are in Maritime Law (the Law of International Commerce -- Law Merchant, Admiralty Law, Military Law, and Prison or Warden Law). | | | Historically, the Common Law came from the Anglo-Saxon Common Law in England. | | | The Roman Civil Law was a derivative of the Maritime Law and is the basis of Civil Law in most European countries. |
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http://www.biblebelievers.org.au/cmlaw1.htm
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| | common |
| | This Common Law, though the Usage, Practice and Decisions of the King's Courts of Justice may expound and evidence it, and be of great Use to illustrate and explain it; yet it cannot be authoritatively altered or changed but by Act of Parliament. | | | Thirdly, That although those Laws are admitted in some Cases in those Courts, yet they are but Leges sub graviori Lege; and the Common Laws of this Kingdom have ever obtain'd and retain'd the Superintendency over them, and those Signa Superioritatis before-mentioned, for the Honour of the King and the Common Laws of England. | | | Also, The Civil Law is allowed to be the Rule of their Proceedings, only so far as the same is not contradicted by the Statute of this Kingdom, or by those Maritime Laws and Customs, which in some Points have obtain'd in Derogation of the Civil Law: But by the Statute 28 Hen. |
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http://socserv2.socsci.mcmaster.ca/~econ/ugcm/3ll3/hale/common
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| | Brief History on Our American Common Law |
| | Civil law or equity law is the law of the ruler; | | | The Judge in a Court of Common Law is an impartial referee of the dispute, and he is bound to protect the Rights of the parties to the dispute, or he will have lost whatever jurisdiction he may have had, or claimed to have had. | | | The Common Law was expounded over the years in hundreds of thousands of case decisions as a result of trials in which the Common Law jury acted as the Judges, and in which they exercised the authority to hear and decide questions of both Law and fact. |
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http://www.svpvril.com/OACL.html
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| | Common law - Wikipedia, the free encyclopedia |
| | The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts. | | | Today common law is generally thought of as applying only to civil disputes; originally it encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century, although many criminal codes reflect legislative attempts to codify the common law. | | | In the United States, the Corpus Juris Secundum is a compendium of the common law and its variations throughout the various state jurisdictions. |
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http://en.wikipedia.org/wiki/Common_law
(2006 words)
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| | civil law. The Columbia Encyclopedia, Sixth Edition. 2001-05 |
| | Nevertheless, civil law influenced the common law in the fields of admiralty law, testamentary law, and domestic relations, and civil law became part of the basis for the system of equity. | | | Civil law is based on written legal codes, a hallmark of the Roman legal system, in which disputes were settled by reference to a written legal code arrived at through legislation, edicts, and the like; common law is based on the precedents created by judicial decisions over time. | | | The civil law judge is bound by the provisions of the written law. |
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http://www.bartleby.com/65/ci/civillaw.html
(738 words)
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| | LAW - encyclopedia article about LAW. |
| | Case law, also called common law or judge-made law, is derived from the body of rulings made by a country's courts. | | | Procedural law are rules and regulations found in a legal system that regulate access to legal institutions such as the courts, including the filing of private lawsuits and regulating the treatment of defendants and convicts by the public criminal justice system. | | | In the United States, the primary source of case law relating to federal and constitutional questions is the Supreme Court of the United States. |
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http://encyclopedia.thefreedictionary.com/law
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| | USIS -- Issues of Democracy, September 1999 -- U.S. Courts |
| | It is often said that the common law system consists of unwritten "judge-made" law while the civil law system is composed of written codes. | | | The two principal legal systems in the world today are those of civil law and common law. | | | Nevertheless, a judge in the civil law system is not legally bound by the previous decision of a higher court in an identical or similar case and is quite free to ignore the decision altogether. |
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http://usinfo.state.gov/journals/itdhr/0999/ijde/messitte.htm
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| | Criminal procedure - Wikipedia, the free encyclopedia |
| | Differences between civil law and common law systems | | | There is a tendency in common law countries to believe that civil law / inquisitorial systems do not have the so-called "presumption of innocence", and do not provide the defense with adequate rights. | | | The majority of civil law jurisdictions follow an inquisitorial system of adjudication, in which judges undertake an active investigation of the claims by examining the evidence and preparing reports. |
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http://en.wikipedia.org/wiki/Criminal_procedure
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| | Canon law - Wikipedia, the free encyclopedia |
| | In contrast to the other courts of England the law used in ecclesiastical matters is at least partially a civil law system, not common law, although heavily governed by parliamentary statutes. | | | Such lawyers (called "doctors" and "civilians") were centered at "Doctors Commons," a few blocks south of St Paul's Cathedral in London, where they monopolized probate, matrimonial, and admiralty cases until their jurisdiction was removed to the common law courts in the mid-19th century. | | | The teaching of canon law at the Universities of Oxford and Cambridge was abrogated by Henry VIII; thereafter practitioners in the ecclesiastical courts were trained in civil law, receiving a Doctor of Civil Law (D.C.L.) degree from Oxford, or an LL.D. from Cambridge. |
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http://en.wikipedia.org/wiki/Canon_law
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| | August 1999 Administrative Law Newsletter |
| | The growth of administrative law, both in common law and civil law countries, will require lawyers and judges in the United States to understand the practice of administrative law in the civil law system. | | | Civil law is the dominant legal system in most of Europe, all of Central and South America, parts of Asia and Africa, and even some areas of the common law world (e.g., Louisiana, Quebec, and Puerto Rico). | | | The structure and jurisdiction of the courts in civil law countries correspond to the private and public law classification. |
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http://www.illinoisbar.org/Sections/adminlaw/8-99a.htm
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| | Learn more about Common law in the online encyclopedia. |
| | The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts. | | | In the United States, the Corpus Juris Secundum is a compendium of the common law and its variations throughout the various state jurisdictions. | | | Statutes which reflect English common law are understood to always be interpreted in light of the common law tradition, and so may leave a number of things unsaid because they are already understood from the point of view of pre-existing case law and custom. |
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http://www.onlineencyclopedia.org/c/co/common_law.html
(3211 words)
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| | Liberty Library of Constitutional Classics |
| | The Petition of Right (1628) — The objectives of the reform movement that led to the English Civil War and the deposing of Charles I. Fundamental Orders of Connecticut (1639) — The first written constitution in the Western tradition. | | | Confirmatio Cartarum (1297) — United Magna Carta to the common law by declaring that the Magna Carta could be pled in court. | | | The Law of Nations, Emmerich de Vattel (1758) — Based constitutional and civil law on the law of nations. |
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http://www.constitution.org/liberlib.htm
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| | Common law |
| | The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts. | | | In the United States, the Corpus Juris Secundum is a compendium of the common law and its variations throughout the various state jurisdictions. | | | Statutes which reflect English common law are understood to always be interpreted in light of the common law tradition, and so may leave a number of things unsaid because they are already understood from the point of view of pre-existing case law and custom. |
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http://knowallabout.com/c/co/common_law.html
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| | William Tetley, Mixed jurisdictions: common law <i>vs</i> civil law (codified and uncodified) (Part II) |
| | The common law justices are in most cases well versed in the civil law, however, as are the Québec judges in the common law. | | | Common law is more adversarial, while civil law is more inquisitorial, when it comes to proving the substance of a foreign law, a question of fact arising in a choice of law or recognition of foreign law situation. | | | A study of several differences in substantive law as between the civil law and the common law is very instructive in illustrating the diversity of basic juridical concepts underlying the two legal systems. |
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http://www.unidroit.org/english/publications/review/articles/1999-4a.htm
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| | Military Law, Law of Armed Conflict - War, Military Justice, Military Courts, Air Force, Army, Navy, Marine Corps JAG |
| | Beyond the most basic generalitiese.g., the common law follows an "adversarial" model while civil law is more "inquisitorial," civil law is "code-based," civil-law judges do not interpret the law but instead follow predetermined legal rulesjudges and lawyers from the United States seldom have any deeper sense of the civil-law tradition. | | | Despite the prominence of the civil-law tradition, judges and lawyers trained in the common-law tradition tend to know little about either the history or present-day operation of the civil law. | | | Civil law is the dominant legal tradition today in most of Europe, all of Central and South America, parts of Asia and Africa, and even some discrete areas of the common-law world (e.g., Louisiana, Quebec, and Puerto Rico). |
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http://www.au.af.mil/au/awc/awcgate/awc-law.htm
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| | CATHOLIC ENCYCLOPEDIA: Common Law |
| | The common law of England is not the basis of the jurisprudence of Scotland; that country having adhered to the civil law as it existed at the time of the union with England except so far as it has been modified by subsequent legislation. | | | The Court of Common Pleas had jurisdiction over ordinary civil actions, while the Court of Exchequer was restricted in its jurisdiction to causes affecting the royal revenues. | | | When the thirteen American colonies achieved their independence, the English common law, as it existed with its legal and equitable features in the year 1607, was universally held by the courts to be the common law of each of the thirteen states which constituted the new confederated republic known as the United States of America. |
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http://www.newadvent.org/cathen/09068a.htm
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| | systemlaw.html |
| | These areas of the law are mostly within the jurisdiction of the states, and thus state courts are the primary source of common law. | | | Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction. | | | The point is that the belief that the law of the land in the United States is English common law "caselaw by jury" is false. |
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http://www.geocities.com/CapitolHill/Senate/3616/systemlaw.html
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