Law 310 Week 1 Assignment

1345 Words6 Pages
1. What is the definition of law? Law is define by the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. 2. What are some historical origins of a civil law legal system? Civil law (or civilian law) is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent; stare decisis) 3. Identify the historical origin of a common law legal system. England is the origin of the common law that exists in the U.S... The English common law originated in the early middle ages in the King’s Court (Curia Regis) and eventually led to the formulation of various viable principles through which it continues to operate. The common law has its roots in the U.S continent with the first English colonists who claimed the common law system as their birthright. After the American Revolution, this Common Law was adopted by each of the states as well as the national government of the new nation. When new states were formed, they also adopted the common law system either by an express provision or by a judicial decision. However, if states were formed from acquired territory where other systems of law prevail, then the question of which system prevailed was determined by legislative enactment or judicial decision. 4. What is the difference between a civil law legal system and a common law legal system? Royalist
Open Document