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Two major legal traditions - Coggle Diagram
Two major legal traditions
Civil law
legislative decisions
gain economic and political power
codified
continental europe colonies of Spain and Portugal
judge's role : establishes the facts of the case and to apply the provsion
judge's decision less crucial in shaping law than legislators and scholars
continuously upadated legal codes
all matters
applicable procedure
appropriate punishment for each offense
...
substantive law : criminalor civil prosecution
procedural law : criminal act or not ?
Penal law : establish appropriate penalty
Common law
Uncodified
no comprehensive compilation of legal rules and statutes
based on precedent
documented in yearbooks and reports
determine by the presiding judge
judicial decisions
jury's verdict
judges have enormous role in shaping law
adversial system
England
adopted in the 19th and 20th century