An old proverb of the law says that the law does not deal with trivialities or unimportant issues (Latin de minimis non curat lex). Not all the injustices you experience in life will be a reason to take legal action. If you got up for an appointment on Saturday night and feel embarrassed or humiliated, you can`t get anything back in court in the United States because there is no cause of action (no basis in positive law) that you can use in your complaint. If you are engaged and your future spouse is exempt from the wedding ceremony, some states provide a legal basis for legal action. “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 courts still recognize and enforce that disappearing cause of action. Each of the different law schools has a particular conception of what a legal system is or what it should be. Natural law theorists emphasize the rights and duties of government and the governed. Positive law assumes that law is only the command of a sovereign, the political power to which the governed will obey. Recent writings in different schools of legal thought emphasize long-standing models of government by the rich over others (the CLS school) and by men over women (ecofeminist legal theory). As lawyers know, the legal systems of countries around the world generally fall into one of two main categories: common law systems and civil law systems.
There are about 150 countries that can be described primarily as civil law systems, while there are about 80 common law countries. Civil law is mainly opposed to common law, the legal system first developed in England and later among the English-speaking peoples of the world. Despite their differences, the two systems are very similar from a historical point of view. Both developed in the same way, but at different speeds. The Roman law underlying civil law developed mainly from customary law, which was refined with case law and legislation. Canon law has further refined the judicial process. Similarly, English law has evolved from Anglo-Saxon customary law, Danish law and Norman law, which has been refined by case law and legislation. The differences are In international legal systems, sources of law include treatiesformal agreements between nation-states. (agreements between states or countries) and customary international law (usually consisting of judicial decisions of national judicial systems when parties from two or more nations are involved in a dispute).
Legal systems vary considerably from country to country, but they generally follow civil or common law. At common law, precedents or court decisions are used to decide these cases. According to civil law, codified laws and regulations govern the country. Some countries, such as South Africa, use a combination of civil and customary law. Each legislative branch of Congress has committees for different purposes. In these committees, legislative proposals are discussed, sometimes hearings are held, and bills are either reported (voted on) or killed in committee. If a bill is the subject of a report, it may be passed by a majority. Due to procedural differences between the House of Representatives and the Senate, bills that have the same wording when proposed in both chambers may be different after approval by each committee.
A conference committee will then be convened to try to reconcile the two versions. If the two versions differ strongly enough, it is more difficult to obtain the two different versions in a version acceptable to both houses (House of Representatives and Senate). The common law tradition is unique in England, the United States and the former colonies of the British Empire. While there are differences between common law systems (e.g., most countries do not allow their judicial systems to declare legislative acts unconstitutional; some countries use jury less frequently), all recognize the use of precedents in court cases, and none of them rely on the comprehensive codes of law that prevail in civil law systems. Courts specific to the underlying codes – therefore, there are generally separate systems of constitutional courts, administrative courts and civil courts that deal with and interpret the consistency of legislation and administrative acts with that specific code; Civil law is sometimes called Neo-Roman law, Romano-Germanic law or continental law. The term “civil law” is a translation of the Latin ius civile or “citizenship”, which was the late imperial term for its legal system, as opposed to laws for conquered peoples (jus gentium); hence the title of Corpus Juris Civilis of the Justinian Code. Civil lawyers, however, traditionally refer to their system as ius commune in the broadest sense. The civil law system is the most widespread legal system in the world and applies in various forms in about 150 countries. [6] It relies heavily on Roman law, arguably the most complicated legal system known before modern times. In some civil law systems, for example in Germany, the writings of jurists have a considerable influence on the courts; Germanic codes appeared in the 6th and 7th centuries in order to clearly distinguish the law applicable to the privileged Germanic classes from their Roman subjects and to regulate these laws according to folk law. Under feudal law, a number of private customs were compiled, first under the Norman Empire (Very Old Customary, 1200-1245), and then elsewhere, to record seigneurial and later regional customs, court decisions and the legal principles underlying them.
The custumals were commanded by gentlemen who, as lay judges, presided over the seigneurial courts in order to learn about the judicial process. The use of guardians of influential cities quickly became a widespread practice. In accordance with this, some monarchs consolidated their kingdoms by attempting to gather custumals that would serve as the law of the land for their empires, as when Charles VII of France commissioned an official custodium of the law of the crown in 1454. Two important examples are the Custom of Paris (written in 1510; revised in 1580), which served as the basis for the Napoleonic Code, and the Sachsenspiegel (circa 1220) of the dioceses of Magdeburg and Halberstadt, which was used in northern Germany, Poland and the Netherlands. Historically, civil law is the set of ideas and legal systems finally derived from the Corpus juris civilis, but strongly superimposed by Napoleonic, Germanic, canonical, feudal and local practices[2], as well as by doctrinal currents such as natural law, codification and legal positivism. Most systems accept that criminal responsibility is not attributable to specific groups of people: very young children or people with serious mental illness. The systems also recognize a number of mitigating circumstances such as self-defense or provocation. But suppose an employer fired an employee for not committing perjury (lying on the witness stand in a court case); The employer wanted the employee to cover up the criminal or unethical act of the company.