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2021-03-21 20:00:02 有 15 人按讚

#Opinion by Davyd Wong | “While it is far from clear on what basis those judges are picked, we do know that the task of trying to implement the law is one fraught with difficulty for those selected. This is because the NSL is birthed in one distinct legal culture, namely Mainland China’s Civil Law system, but is to be used in a very different one - Hong Kong’s Common Law system."

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2020-12-30 12:35:00 有 423 人按讚

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【有關司法機構被官營媒體攻擊的聲明】

《人民日報》於2020年12月27日發表一篇抨擊香港法院在一宗涉及知名人士的案件中批准被告人保釋的評論文章，而文章發表的時候該獲准保釋的決定已進入上訴程序，我們就此表示嚴重關注。文章攻擊法院的判決，並形容《蘋果日報》創辦人黎智英「惡名昭彰，極度危險」，以及是「亂港禍首」。該報斷言在黎智英案中，不准保釋須是前設的常規，並要求司法機構「作出正確選擇」。文章又認為已經有足夠證據顯示黎智英已觸犯國安法第55條，該條訂明某些案件可以移交中國大陸審訊。當上訴委員會將於2020年12月31日就政府申請上訴許可召開聆訊，由國家政權控制和營運的報章刊登該篇評論文章，令人尤其擔心及被視為是試圖干預我們獨立的司法機關的程序公義。

作為致力守護長久以來珍而重之的法治和司法獨立的法律執業者，我們認為有責任提出以下關注，並以個人名義僅此聲明：

1、官營媒體對司法機關毫無基礎的攻擊應當停止

在數位親建制人士及官方控制和營運的媒體－包括《文匯報》及《大公報》－要求「司法改革」及嘲諷「黃官」的日益壓力下，出現上述評論文章，我們深表憂慮。我們注意到司法機構自今年9月以來，已就對其日趨激烈的攻擊發表了四份聲明。

誠然，公眾有權討論及評論法院的裁決及其根據的事實及法律，惟討論不應流於憑空論斷、政治抹黑，或企圖向法院就某些案件的裁決施加壓力，否則公眾對司法機構的聲譽、專業和獨立勢必受到嚴重破壞。特別是《人民日報》刊登的評論文章，會被視為明顯地向法院將要審理的案件施加壓力，此舉可以是違反審理中的案件不應評論的原則，以及有損公平審訊。這些攻擊應當立即停止。

我們亦呼籲律政司採取行動，維護司法機構免受官方控制或營運的媒體作出毫無基礎和不實指控。正如高浩文法官在其判詞中指出，「在普通法司法管轄區，例如香港，傳統上法官和司法機構是不會公開地就針對其裁決和個人而作出的不公平和不適當的批評為自己辯護，而傳統上負責律政的官員則有責任反駁錯誤的指控，以維護司法機構和個別法官。」

2、公平審訊及無罪假定

不論如何解讀，香港特區政府有法律責任保護每一位香港居民的基本權利不受侵犯，包括公平審訊的權利。我們質疑一旦涉嫌觸犯國安法第55條下，該等權利是否仍然受到保障。理由有兩方面：第一，我們質疑中國大陸在刑事審訊的程序中，對公平審訊是否有足夠的保障，那是由於中國尚未落實《公民與政治權利國際公約》，這亦是長久以來為人詬病。第二，12名香港居民於2020年12月28日在深圳鹽田法院受審的案件，沒有公開審訊，他們亦沒有權選擇他們委託的法律代表，令人質疑香港特區政府有否履行其法律責任。

上述關注，反映國安法無法為被告人提供足夠的基本人權保障，並在法律上存在很多不確定性。正如英國最高法院院長賓漢（Lord Bingham）在其著作《The Rule of Law》中說明，法治的核心是在一個地方裡，所有不論屬公共或私人的個人和機構，都必須受法律的約束及保障，而法律必須是公開和預先頒佈，以及由法院公開執行。因此，我們促請有關當局嚴格遵守法治原則，自我約束，以及謹慎運用國安法賦予的權力。

帝理邁
林洋鋐
彭皓昕
蔡頴德
黃耀初

2020年12月30日

【Statement on Continuous Attacks on the Judiciary and
Art. 55 of the National Security Law】

We note with grave concern that on 27 December 2020, l the People’s Daily published anr editorial piece criticizing a decision in respect of a bail application that is currently subject to an ongoing appeal. In attacking the judicial decisions in Apple Daily founder, Mr Jimmy Lai Chee-yin’s case, the People’s Daily has labelled him as a “notorious and extremely dangerous” and an “insurgent”. It added that the presumption against bail should be the norm in cases such as Lai’s and urged the judiciary to “make the right decision”. The commentary further claimed that there were sufficient grounds in Mr Lai’s case for invoking Article 55 of the National Security Law (NSL) - which allows certain cases to be transferred to Mainland China for trial. This type of commentary appearing in a newspaper run/controlled by the Central Government, when the Appeals Committee would soon be hearing the Hong Kong Government’s application for leave to appeal on 31 December 2020, is particularly worrying and borders on an attempt to interfere with the due administration of justice by Hong Kong’s independent judiciary.

We, the undersigned, in our personal capacity and as lawyers committed to safeguarding the Rule of Law and the independence of judiciary, we feel duty bound to draw attention to the following matters:

(1) Unfounded attacks against the judiciary by state-run/controlled media should cease

The above-mentioned commentary was made amid intensifying calls for “judicial reform” and deriding “yellow judges” from various pro-establishment figures and state-run/controlled media, including Wen Wei Po and Tai Kung Po. To that end, we note that the judiciary has had to issue a total of four statements since September this year, in light of the intensifying attacks mounted against it.

Whilst members of the public have the right to discuss and comment on court rulings for reasons grounded on fact or law, such discussion should not cross into bare assertions, imputations of political bias, or attempts to put pressure on the Judiciary to decide specific cases in a particular manner. Otherwise, public confidence in the integrity, professionalism and independence of the judiciary would be seriously undermined. Notably, the commentary published by People’s Daily, could be perceived as putting pressure on the judiciary to decide a pending case in a particular manner, which breaches the sub judice rule and could prejudice the accused’s right to a fair trial. These attacks should cease immediately.

We also call on the Secretary of Justice to take action to defend the Judiciary against unwarranted accusations led by state-run/controlled media. As Judge Russell Coleman noted in his judgment, “it has been the traditional view that Judges and the Judiciary do not speak out in defence of their decisions or to defend themselves against unfair and inappropriate criticism [...] in common law jurisdictions like Hong Kong, it was the tradition that the minister responsible for the administration of justice has the duty of defending the Judiciary or individual Judges against wrong accusations”.

(2) Concerns about fair trial and presumption of innocence

The Hong Kong Government has the legal obligation to protect any Hong Kong residents, whose rendition is sought, from violation of his/her fundamental and non-derogable rights, including the right to fair trial. We question whether such rights can be guaranteed upon invoking of Article 55 of the NSL. The reason is two-folded. First, we question whether China has adequate protection on the right to fair trial during the criminal process, as mainland China has not ratified the International Convention on Civil and Political Rights (ICCPR) and has been long criticised on such. Second, the fact that the 12 Hong Kong residents who stood trial at Shenzhen Yantian People’s Court on 28 December 2020 were denied the right to open trial and the right to appoint lawyers of their choice, casts considerable doubt on whether the Hong Kong Government can fulfil its legal obligation.

These concerns reflect that the NSL lacks adequate protections to safeguard an accused’s fundamental human rights and lacks legal certainty. As Lord Bingham wrote in his book, The Rule of Law, at the core of the rule of law is the notion “that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”. Accordingly, we urge the authorities to uphold strict adherence to the rule of law and exercise restraint and caution in invoking its power under the NSL.
Mark Daly
Michelle Tsoi Wing Tak
Kenneth Lam
Davyd Wong
Janet Pang Ho Yan

Dated this 30 December 2020

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common law civil law 在多益達人林立英文 Facebook 的最佳解答

By 多益達人林立英文

2020-11-19 23:55:59 有 3 人按讚

When tracking the virus means tracking your citizens

Apple and Google on Friday unveiled ( ) a rare ( ) partnership to add technology to their smartphone platforms ( ) that will alert users if they have come into contact with a person with COVID-19. Apple’s iOS and Google’s Android — the operating systems used in iPhone and Samsung Galaxy devices, among others — are used by about 3 billion people around the globe.

Since the outbreak of the coronavirus pandemic, some democracies ( ) around the world have used technology to avoid having to impose draconian ( ) mass quarantines ( ) that were common earlier this year in China. That’s reassuring — and it’s also worrying, because the very strategies that can help fight a plague can also be abused once it’s over.

Consider Taiwan, where an “electronic fence” allows local police to make regular phone calls to everyone who is home under quarantine; if the citizen doesn’t answer or the phone is out of power, police come to the home within 15 minutes. In South Korea, the government constantly updates a Web site that tracks the movements of people who have been infected, and issues alerts to the mobile phones of people in the geographic vicinity ( ) of an infected citizen. The Israeli government gained access to an archive ( ) of phone data to map the movements of infected people, then alerted those who had been in contact with them to self-isolate.

Invoking ( ) these powers is reasonable during a pandemic. Once the outbreak is over, however, this kind of power can and probably will be abused. What’s to stop a corrupt ( ) (or merely unscrupulous [ ]) leader from using such technologies to learn or even publicize the location of political opponents or dissidents ( )?

“This is a genuine emergency and that justifies ( ) a lot of things that would not normally be justified,” says Jay Stanley, a senior policy analyst at the American Civil Liberties Union (ACLU). “But we have to make sure that these temporary ( ) powers do not become permanent ( ) in a way that hurts everybody else.”

The good news is that the pandemic is not an endless war. Once there is a treatment or a vaccine ( ), there will be a clear end date to the state of emergency.

Stanley says it’s crucial to set up strict rules beforehand ( ). Any location data, for example, should only be used by public health authorities for public health purposes. The programs should be temporary and the data should be deleted after the crisis ( ) ends.

Along these lines, Freedom House released a set of principles on March 24 for protecting civil and human rights in the fight against COVID-19. It says any surveillance ( ) programs that use new technology to fight the spread of the disease should be “subject to ( ) independent oversight ( ), and ‘firewalled’ from other commercial and governmental uses such as law enforcement and enforcement of immigration policies.”

In the middle of a crisis, all of this might seem theoretical. The most essential tasks for democratic leaders are providing for the public’s safety and working to revive ( ) the economy. Yet it’s also important to remember that the state rarely relinquishes ( ) powers it amasses ( ) in a crisis.

After 9/11, the FBI was given broad new powers to demand data from private businesses. A dozen years later, both the ACLU and the Justice Department’s inspector general found that the use of that extraordinary power had become routine ( ) and unchecked. As Americans grapple ( ) with the current pandemic, they must be vigilant ( ) that their government not repeat the same mistake.

當監控病毒與監控人民劃上等號時

蘋果和谷歌兩大公司上週五破天荒宣布一項合作，將在他們的智慧手機平台新增技術，如果用戶接觸了武漢肺炎患者，便會發出警示。蘋果的iOS和Google的安卓（iPhone和三星Galaxy手機等使用的操作系統）在全球約有三十億人使用。

自冠狀病毒大流行爆發以來，世界各地一些民主國家已運用科技，以避免實施像中國今年年初所實施的那種嚴苛的大規模隔離。這令人寬心——卻也令人憂心，因為一旦疫情結束，這些可幫助打擊瘟疫的戰略也可能會被濫用。

以台灣為例，台灣採用「電子圍籬」技術，讓當地的警察可以定時打電話給每位居家隔離者。若電話沒人接或沒電，警察在十五分鐘內就會到他們家去。在南韓，政府有追蹤染疫者動向之網站，會不斷更新，並對染疫民眾附近的人發出手機警示。以色列政府可以調出電話數據檔案，以便將染疫者的活動在地圖上定位出來，然後提醒與其接觸的人進行自我隔離。

在疾病大流行期間訴諸這些權力是合理的。然而，疫情一旦結束，這種權力很可能會被濫用。怎樣阻止腐敗的（或只是不道德的）領導人使用此種技術來得知甚至公開政敵或異議人士的所在位置？
「美國公民自由聯盟」高級政策分析師傑伊‧史丹利說：「這是真正的緊急情況，它使許多通常是不合理的事有了正當性」。「但我們必須確保這些臨時權力不會變成傷害其他人的永久權力」。

好消息是，這場疾病大流行不會是一場無休止的戰爭。一旦有了治療方法或疫苗，緊急狀態就會有明確的結束日期。

史丹利表示，事先訂定嚴格的規範至關重要。例如，任何位址資訊僅應由公共衛生主管機關用於公共衛生目的。此應為臨時程序，這些資訊在危機結束後應予以刪除。

同理，人權組織「自由之家」在三月二十四日發布了一套原則，以便在對抗武漢肺炎期間保障公民權與人權。自由之家表示，任何使用新技術來對抗疾病傳播的監視程序都應「受到獨立監督，且不能作為其他商業及政府之用途，例如執法及移民政策之執行」。

在危機之中，這些似乎都是理論上的。民主國家之領導者最重要的任務是確保公眾安全，並努力振興經濟。但同樣重要的是要記住，國家很少放棄它在危機中所集聚的權力。

九一一恐怖攻擊發生後，美國聯邦調查局獲得了新的、廣泛的權力，可以要求私人企業提供資訊。十幾年後，美國公民自由聯盟和司法部總監察長都發現，這種非常時期權力的使用已成為常態，且沒有受到約束。美國人在與當前的病毒大流行奮力搏鬥之同時，也必須保持警覺，確保政府不會重蹈覆轍。

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* 學歷： - 國立清華大學外國語文研究所 * 經歷： 1. 電影台字幕翻譯 2. 工業技術研究院會議口譯/翻譯 3. 線上學習網站英文講師 4. 英文學習書籍作家 5.國立大學外國語文學系講師 6.多家連鎖補習班多益名師 7.今周刊記者採訪多益考試秘訣 8.聽讀舊制十次滿分，新制三次滿分，記錄累計中，說寫滿分 9.每月皆開多益高分講座 10.到學校演講多益相關主題林立老師多益滿分紀錄 https://goo.gl/3hFmsm *教學特色： 1.沉浸式教學，將英文學習與生活百態緊密結合。 2.教育部認證大專講師，用啟發代替填鴨，以生動應用取代死記背誦，從大學院校的高度，為各級學生提供最全面的學習囊括。 3.聽讀舊制十次滿分，新制三次滿分，記錄累計中，說寫滿分，真金經得起火煉。 4.不曾出國留學，全是在地學習的結果，因此最能了解台灣學生，學習英文的盲點與癥結。 *教學成效：高中英文學測、指考命中證明 https://goo.gl/7uCYwo 高中榜單 https://goo.gl/wzgdf4 多益榜單 https://goo.gl/abDG4b 學生推薦 https://goo.gl/L1HOxW

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common law civil law 在コバにゃんチャンネル Youtube 的最讚貼文

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2021-10-01 13:19:08 有 9 人看過有 1 人喜歡

コバにゃんチャンネル

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コバにゃん☆です?

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2021-10-01 13:10:45 有 0 人看過有 0 人喜歡

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長照是一個劇變的旋轉舞台百年難得一見沒有準備的人被旋轉舞台甩出去不是坐下就是躺下而大象中醫是太極的推手推動著旋轉舞台讓所有爬不起來的人背後有一股推手力量支撐再站起來

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#18. IN BRIEF - the Ontario Justice Education Network

Also, juries are not part of the civil law trial system but often part of the common law system. 9. The courts are meant to interpret laws that are unclear or ...

#19. mining law: bridging the gap between common law and civil ...

In order to avoid pitfalls, common law lawyers should be more diligent and proactive when dealing with civil law jurisdictions, given the different systems ...

#20. Mixed Jurisdictions: Common Law v. Civil Law (Codified and

Both Walton and Evans-Jones are referring to common law/civil law mixed legal systems which stem from two or more legal traditions. Mixed jurisdictions.

#21. INTRODUCING THE COMMON LAW TO CIVIL LAWYERS IN ...

COMPARATIVE LEGAL TRADITIONS – INTRODUCING THE COMMON. LAW TO CIVIL LAWYERS IN ASIA. Margaret Fordham*. As our focus turns from purely domestic law to ...

#22. Legal Systems - Guide to International and Foreign Law ...

There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal ...

#23. The Civil Law and the Common Law: Some of the Similarities ...

The Civil Law and the Common Law: Some of the Similarities and Differences between the Two Systems. By James F. Bailey. III·. Comparative law has a long ...

#24. Common-Law Courts in a Civil-Law System

Common -Law Courts in a. Civil-Law System: The Role of. United Stat-es Federal Courts in Interpreting the. Constitution and Laws. ANTONIN SCALIA.

#25. Constitutions in transition: 3.1 Civil law legal systems - The ...

Red refers to common law countries, while blue highlights those applying civil law. The countries in brown apply a mixed or bijuridical legal system and the ...

#26. Faculty of Law – Civil Law Section | University of Ottawa

Courses are offered in French and in English. A unique program to enhance your knowledge in the two Western legal traditions—common law and civil law.

#27. Civil Law Act - Singapore Statutes Online

An Act to consolidate certain provisions of the civil law. ... duties, obligations and liabilities by the common law or by any custom, or created by any law ...

#28. Common Law and Civil Law: Convergences Beyond a Written ...

This article analyzes the convergence of the common law and civil law systems in relation to the parameters of judicial review, ...

#29. Civil Law, Common Law, Customary Law – Consonance ...

... in Civil Law (law with an ultimately Roman law basis), and English Common ... and Continental Civil Law (or “Ius commune”), but also the customary laws ...

#30. Civil law (common law) - Ballotpedia

Civil law is a generic term for all non-criminal law. It refers to that branch of law dealing with settling disputes between individuals and/or ...

#31. Common-Law Drafting in Civil-Law Jurisdictions - Business ...

Civil Law and Common Law ... Civil law is primarily derived from Roman law. In civil-law jurisdictions, codified principles serve as the primary ...

#32. Common-Law-and-Civil-Law-A-Comparative-Primer.pdf

major Western legal traditions, i.e. the Common Law and the Civil Law. As a result of colonization or through voluntary adoption (in whole or in part), ...

#33. The Role of the Judge in the Common Law and Civil Law ...

') That is, when common law judges decided cases they tried to find leading cases or similar cases to cite as authority, while civil law judges tried to find ...

#34. What Civil Law Attorneys Should Know about the Common Law

As we all have been taught, there are two major legal systems in the world – the common law system and the civil law system, right? But what is the common ...

#35. Bridging the Common Law Civil Law Divide in Arbitration

An international arbitration with participants from each side of the common law-civil law divide has traditionally required arbitrators to follow the practice ...

#36. Legal Uniformity and the Homogenization of the European ...

The renditions of Romanticism and the Enlightenment that I apply to the common and civil law in these pages are based principally on Isaiah Berlin's analysis ...

#37. Civil Law and the Common Law: Some Points of Comparison

Joseph Dainow; The Civil Law and the Common Law: Some Points of Comparison, The American Journal of Comparative Law, Volume 15, Issue 3, 1 July 1966, ...

#38. Difference between Civil Law and Common Law - Anglofon ...

Traditional common law is based on previous court judgments, which are called precedents. In contrast, the civil law system is based on acts and codes typically ...

#39. Civil Law and Common Law: Two Different Paths Leading to

PDF | The aim of this paper was not to judge which legal system is better: civil law or common law. The task of lawyers should not be to defend their.

#40. Civil Law and Common Law: Toward Convergence? - Oxford ...

Convergence between the common law and the civil law tradition is a well-established topic of the academic discipline known as comparative law.

#41. Common Law Countries 2021 - World Population Review

In contrast to common law is civil law, which is a codified set of legal statues and laws created by legislatures. In civil law, judicial authorities use ...

#42. Charting the Divide Between Common and Civil Law

This book provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework.

#43. Common Law vs Civil Law Systems - Explained - The ...

Two legal systems exist within the United States, the common law system and the civil law system. Forty-nine of the fifty US States exclusively ...

#44. Civil Law and Common Law - HG.org

Past decisions from the judiciary brings wide knowledge of what the law is, so case law maintains its importance. In conclusion, in the common law system, the ...

#45. Chapter 4: What the law deals with - Find Legal Answers

Civil law deals with the regulation of private conduct between individuals, organisations and government agencies. Unlike criminal law, most civil laws are ...

#46. Penser par cas : A common law perspective | Cairn.info

In civil law jurisdictions, by contrast, case law is not a binding source of law as such although it may of course be influential. As David summarised the ...

#47. On the Meaning of 'System' in the Common and Civil Law ...

In the continental 'civil law' tradition, 'system' is used in relation to the substance of the law, whereas in the English 'common law' ...

#48. Civil law | New Zealand Ministry of Justice

The civil law area contains laws that govern legal rights and responsibilities in interactions between private individuals.

#49. Institutional Competition between Common Law and Civil Law

This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the ...

#50. Vernon Press - Common Law and Civil Law Today

Common Law and Civil Law Today - Convergence and Divergence. Marko Novakovic (Ed.) by Vesna Ćorić (Institute of Comparative Law, Serbia), Philipp Janig ...

#51. McGill's Unique BCL/JD Program | Faculty of Law

Our students learn legal concepts comparatively; through the lens of the common law and the civil law; with Indigenous legal traditions and perspectives ...

#52. An Economic Analysis of Civil versus Common Law Property

The article presents an analysis of civil law property and common law property. It mentions that the civil law system emphasizes on ownership and affects ...

#53. JURISPRUDENCE POSITION IN THE COMMON AND CIVIL ...

They are namely the. Continental European legal system with its Civil Law System which prioritizes "codification" in the field of law and the. Anglo Saxon law ...

#54. Sources of law in Civil, Common and Islamic Legal Systems

In Islamic countries, law is considered absolute and constant, whereas it is much more flexible, changeable and negotiable in Civil/Common laws. One of the main ...

#55. Civil Law Influences on the Common Law - Penn Law: Legal ...

UNIVERSITY OF PENNSYLVANIA LAW REVIEW. [Vol. 104. INSTANCES OF INFLUENCE. Constitutional Law. The influences of civil law on common law are legion. Many of.

#56. Civil Law | Wex - Legal Information Institute

(2) A body of laws and legal concepts derived from Roman law as opposed to English common law, which is the framework of most state legal systems.

#57. Legal systems - Global Victoria

Legal systems · 1. Common law – is a body of law based on judicial decisions and customs as distinct from statute law. · 2. Civil law – is based on an explicit ...

#58. Common Law v. Civil Law in International Arbitration - Kluwer ...

View Common Law v. Civil Law in International Arbitration: The Beginning or the End? by Klaus Peter Berger - Journal of International Arbitration.

#59. Comparative Study of Civil Procedure in Common Law and ...

In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment ...

#60. The English legal system - ICLR

Civil law as a legal system, based on a code of laws (such as the Code Napoleon developed in France), as opposed to the common law system, based on the ...

#61. Legal System in the World - Thai Laws

The civil law systems in some countries are based on more than one code. Common Law - A type of legal system, often synonymous with "English common law," ...

#62. Indonesian Trial Process and Legal System

Director, Asian Law Centre. The University of Melbourne. The Indonesian legal system is a Civil Law system rather than a Common Law system. (The Common Law ...

#63. File:Map of the Legal systems of the world (en).png

File:Map of the Legal systems of the world - Common law(en).png. File usage on other wikis. The following other wikis use this file: Usage on af.wikipedia.org.

#64. The Advantages of the Civil Law Judicial Design as the Model ...

A dominant feature of the civil law model is the responsibility it places on the judge in dispute resolution. True, common law judges have more authority in the ...

#65. Bachelor of Civil Law | University of Oxford

About the courseThe Bachelor of Civil Law (BCL) is a world-renowned taught graduate course in law, designed to serve outstanding law students from common ...

#66. Civil Law System - an overview | ScienceDirect Topics

Whereas civil law systems relegated the production of scientific and technical evidence largely to national forensics labs and court-appointed experts, common ...

#67. The Quality of Law in Civil Code and Common Law Regimes

The Quality of Law in Civil Code and Common Law Regimes: Judicial. Incentives, Legal Human Capital and the Evolution of Law.

#68. A Civil Law Solution to a Common Law Conundrum? - Eleven ...

In civil law jurisdictions codification of statute law, even if not all-embracing, accounts for a significant proportion of a state's legal compass: it provides ...

#69. SiLS LL.M. - Features of Common Law and Civil Law Systems

The Tutorial Features of Common Law and Civil Law Systems of the SiLS LL.M. gives an introduction to the basic features of the common law and civil law.

#70. Common Law vs. Civil Law: A Rough Guide For Your Business

As a result, the main difference between civil and common law traditions lies in the sources of law and the role of judges. In civil law systems ...

#71. How do civil law and health and safety law apply? - HSE

Under the common law, voluntary organisations and individual volunteers have a duty of care to each other and others who may be affected by ...

#72. Civil Law - Louisiana, Code, Common, and System

One meaning of civil law refers to a legal system prevalent in Europe that is based on written codes. Civil law in this sense is contrasted with the common-law ...

#73. 5 Advantages Of Common Law Legal Systems

Common law is more flexible, faster, and responsive than parliamentary law. Often, common law reacts and responds rapidly to community ...

#74. Beyond the Difference Between Common Law and Civil Law

communities with their different laws to a common destiny". See Anthony N. Allott, Towards the unification of laws in Africa, 14 Int. Compo Law Quarterly, ...

#75. Judicial Dissent - Common Law and Civil Law Traditions, Law

It is not so normal in countries of the civil law tradition. Why should this be so? Does it matter? Will it change with the growing interaction of legal ...

#76. Common Law and Civil Law: An Elementary Comparison

Max Rheinstein, "Common Law and Civil Law: An Elementary Comparison," 22 Revista jurídica de la. Universidad de Puerto Rico 90 (1952). This Article is brought ...

#77. International Contracts between Common Law and Civil Law

International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good ...

#78. Common law rights, human rights scrutiny and the rule of law

However, common law courts have power to provide significant protection of human rights ... the International Covenant on Civil and Political Rights ...

#79. PRACTITIONER'S GUIDE - Common Law and Civil Law Traditions

Given the reliance on case law in the common law tradition, lawyers can invoke international treaties and case laws in court as so-called persuasive precedent ...

#80. Civil Code and Common Law - Louis S. St-Laurent National ...

Whereas Common Law is based on non-codified judgments handed down at an earlier time (jurisprudence), the Civil Code is based on provisions and ...

#81. Classification of Property and Conceptions of Ownership in ...

While there is not one civil law, nor one common law, the principles discussed here are traits which legal systems belonging to one or other tradition, have in ...

#82. Re-thinking Legal Education under the Civil and Common Law

Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law ...

#83. Civil Law versus Common Law | LegalMatch

A civil law system focuses on the codified law to the facts while a common law depends on the local customs af a specific area.

#84. Force Majeure: an overview of common law and civil law ...

Due to COVID-19, we have seen a surge of force majeure clauses being invoked which will inevitably lead to increased litigation as business ...

#85. Contractual Interpretation at Common Law and Civil ... - SSRN

Contractual Interpretation at Common Law and Civil Law: An Exercise in Comparative Legal Rhetoric. EXPLORING CONTRACT LAW, J. Neyers, ed., ...

#86. Our court system - Courts of New Zealand

They include enforcing the criminal law, resolving civil disputes amongst citizens, ... Common law has been developed by judges over the centuries, ...

#87. Brief History of law in India

Court systems for civil and criminal matters were essential features of many ruling ... The common law system – a system of law based on recorded judicial ...

#88. Doing Business in Civil Law Countries - Peckar & Abramson

The civil law system provides for a categorization of legal matters that is prescribed by the legislature. For example, a construction contract ...

#89. China finally starts to write a proper civil code | The Economist

China has a civil-law system, which means that statutes are essential reference for judges. (In common-law countries such as Britain and ...

#90. the features of the impact of the civil and common law ...

law extracted from Roman or Civil law. The third part considers through the spectrum of Common law what the value of judicial precedent in the practice of ...

#91. The Civil Law System: History and Mythology - The University ...

These systems emphasize the systematic codification of their general law. On the other hand, the Common Law tradition draws its inspiration from the English ...

#92. Glossary - Law Handbook

Person who initiates legal proceedings against another in a civil dispute. ... The cause of action can be set out in legislation or by the common law.

#93. Common Law vs. Civil Law: Which System Provides More ...

It observes that the civil law countries (France and Germany) provided better minority shareholder protection and creditor protection relating ...

#94. Civil Law, a Tool of Masculine Domination? | EHNE

Through its jurisprudence, the EU has made gender equality one of the European Community's primary objectives and has defined common ...

#95. Glossary of Legal Terms | United States Courts

The formal written statement by a defendant in a civil case that responds to a ... Akin to common law, which springs from tradition and judicial decisions.

#96. ROMAN LAW, COMMON LAW, AND CIVIL LAW - HeinOnline

When a common-law lawyer is asked to identify the most obvious difference between the common law and the civil law, he will probably answer that the civil ...

#97. Common Law Versus Civil Law Notaries | NNA

A civil law Notary has training and duties similar to an attorney, and is authorized to prepare legal documents, authenticate transactions and ...

#98. civil law and common law - French translation – Linguee

Many translated example sentences containing "civil law and common law" – French-English dictionary and search engine for French translations.

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