Comparative law — definition?
Methodological comparison of legal systems.
Historical development — year?
1839, when it became a formal academic discipline.
Purpose of CL — utility?
To analyze and understand legal differences and similarities.
Legal transplants — meaning?
Adopting laws or concepts from one system to another.
Macro comparison — focus?
Overall style and reliance on sources in legal systems.
Micro comparison — focus?
Specific legal issues across systems.
Legal families — basis?
Historical, cultural, and technical similarities.
Civil Law features?
Codified laws, deductive reasoning, influence from Codes.
Civil Law archetype?
French Civil Code of 1804.
Mixed systems — examples?
Quebec, Louisiana, South Africa, Scotland.
Religious law — basis?
Religious texts and doctrines.
European harmonization — driver?
European Court of Human Rights and EU directives.
UK jurisdictions — main?
England & Wales, Scotland, Northern Ireland.
English dualism — systems?
Common Law and Equity.
Fusion of English law?
Judicature Acts merged law and equity courts.
Sources of English law?
Statutes and case law.
Statutory interpretation — rule?
Literal rule, considering plain meaning.
Precedent — doctrine?
Stare decisis, follow previous legal decisions.
Court hierarchy — top?
Supreme Court, final appellate authority.
Common Law — basis?
Judge-made law, case decisions.
Legal families — purpose?
Identify common origins and characteristics.
Answer 11 questions on Foundations of Comparative and English Legal Systems.
1. How does Comparative Law differ from National Laws in terms of their nature and purpose?
2. When did the French Contract Law Reform that removed the concept of 'Cause' and was influenced by English and European models take place?
Go over the full study guide for Foundations of Comparative and English Legal Systems.
Read the study guide →Upload your class notes and Revizly writes your flashcards in about a minute.
Flashcard maker