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Major Law System - Coggle Diagram
Major Law System
Common Law
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Developments
- Emerged through decisions of the Curia Regis (King’s Court).
- By the 13th century, it became a unified legal system distinct from local customary laws.
- Sir William Blackstone's Commentaries on the Laws of England (18th century) formalized Common Law principles.
- Countries Tied to Common Law System
Widely Practiced
England, Wales, Ireland, United States, Canada, Australia, New Zealand.
Hybrid System
Malaysia (combines Common Law and Islamic Law), India, and South Africa.
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- Usage of Common Law System
Malaysia
Operates a hybrid legal system combining Common Law, statutory law, and Shariah law in certain areas (e.g., family law for Muslims).
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Stare Decisis
Doctrine of Binding Precedents: Lower courts must follow decisions made by higher courts in the same jurisdiction.
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Appeals
Malaysia: Two-tier appeal system, with cases escalating from Magistrates - Sessions Courts - High Court - Court of Appeal - Federal Court.
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Remedies
- Monetary Compensation for personal injuries, breach of contract, and property damage
- Equitable remedies like injunctions and specific performance.
Punishments
Malaysia: Ranges from fines and imprisonment to corporal Punishments and Death Penalties
Australia: Focuses on rehabilitation
Judges fills gaps in statutary law and adapt rulings to contemporary issues (eg: Donoghue v Stevenson established negligence)
- Judicial Decisions (Case Law)
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- Composition of Judicial, Executive and Legislative Bodies
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Executive
Implements laws, headed by the government (e.g., Prime Minister or President).
Legislature
Elected representatives enact laws, with statutes influencing Common Law interpretation.
Civil Law
Civil law is rooted in Roman law, particularly the Corpus Juris Civilis issued by Emperor Justinian I (529–534).
Revived in the Middle Ages, forming the foundation of modern civil law systems.
- Countries Tied to Civil Law Systems
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Asia
Japan, South Korea, Taiwan
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- Civil Law is a codified system based on comprehensive legal codes (civil, criminal, commercial, administrative).
- Judicial precedent plays a limited role
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France: Compensation focuses on restoring the injured party's position. Punishments range from fines to imprisonment, with alternatives like house arrest and probation.
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- Roman law (Corpus Juris Civilis), Napoleonic Code, customary laws.
- Limited Case Laws
France:
Cour d'appel: Reviews lower court decisions.
Cour de cassation: Final appellate court, focuses on errors of law.
- Composition of Judiciary, Executive and legislature
- Judiciary is distinct from the legislative and executive branches.
- Judges are civil servants, emphasizing impartiality and adherence to codified rules.
- Laws are created by the legislature and implemented by the executive branch.
Syariah Law
Syariah law originated in 622 CE with the Prophet Muhammad's establishment of legal guidelines in Medina. It evolved through Islamic jurisprudence (Fiqh), based on the Quran and Hadith, with various interpretations over time.
- Countries Ties to Syariah Systems
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Countries like Malaysia use Syariah law for personal and family matters, with secular law for others.
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Syariah law operates in adversarial and sometimes inquisitorial systems, depending on the country.
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Quran and Sunnah, Ijma (consensus), Qiyas (analogy) and Ijtihad (independent reasoning)
Judges (Qadhis) apply Ijma and Qiyas for legal decisions and may use Ijtihad to adapt the law to contemporary needs.
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- Composition of Judiciary, Executive and Legislative
Judiciary comprised of Qadhis and scholars, Executive oversees implementation of Syariah Law, and Legislature in some countries, based in Islamic Principles.
Socialist Legal System
Originated after the Bolshevik Revolution in 1917 in the Soviet Union, based on Marxist-Leninist philosophy. Spread during the Cold War to countries like China, Cuba, and North Korea.
- Contries Tied to Socialist Legal Systems
China, North Korea, Cuba, Vietnam, Russia (post-Soviet Union).
3, Usage
Primarily in communist states, often with modifications based on local political and economic needs.
- Focuses on distributive justice over individual rights, state control of property, and a centralized ruling party.
- Codified law over judicial precedent, with judges as tools for state policy.
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- Strict punishments for crimes against the state, with limited compensation for victims.
Judges have little creativity, serving as enforcers of state policy.
Supreme Court at the top, with appeals focused on legal conformity, not fact evaluation.
- Compositions of Judiciary, Executive and Legislature
Judiciary
Judges are appointed by the ruling party and serve to uphold state ideology. They have limited autonomy and are considered tools for policy enforcement rather than independent adjudicators.
Executive
The executive branch is heavily intertwined with the ruling party and often holds absolute control over political decisions, including the legal system.
Legislative
The legislature is often controlled by the ruling party, and laws are created to serve the state’s objectives, rather than representing the will of the people or upholding individual rights.