Упражнение 3 Answer the following questions: 


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Упражнение 3 Answer the following questions:



1. Where did common law and civil law originate from? – Civil law is derived from the Roman law. Common law is influenced by the British Empire.

2. What does stare decisis mean?  - It means that decisions made in higher courts are binding on lower courts in common law jurisdictions.

3. What kinds of religious law are mentioned in the text? – They are Sharia, Halakha, and canon law.

4. Are there mixed law systems in the developed countries? – Yes there are, in some countries.

 5. Which facts from the text do you find most interesting? Why? – The most interesting fact for me is that Customary law exists in some European countries. Because I think, that Europe is a very developed region and there can’t be such kind of law.

Упражнение 4 a) Decide which statements are true or false.

STATEMENT TRUE FALSE
1. There are 5 main legal families in the world. +  
2. Both civil law and common law systems are based on custom.   +
3. Civil law is typical of all European countries.   +
4. Precedent is a major concept in common law. +  
5. A statute is an unwritten law.   +

b) Correct the false statements from a) and write down the correct version.

2. Both civil law and common law systems are based on custom. - Civil law is based on written codes and common law is based on custom and judicial precedent.

3. Civil law is typical of all European countries. - Civil law is typical of almost all European countries.

4. A statute is an unwritten law. - A statute is a law that has been written down.

TEXT 2

Упражнение 1 Read the text and name the sources of Civil Law and Common Law ( The source of Civil Law is a written code. The sources of Common Law are judicial decisions.)

Civil Law vs Common Law

The two principal legal systems in the world today are those of civil, or continental law and common law.

Continental Europe, Latin America, most of Africa and many Central European and Asian nations are part of the civil law system; the United States, along with England and other countries once part of the British Empire, belong to the common law system.

The civil law system has its roots in ancient Roman law, updated in the 6th century A.D. by the Emperor Justinian and adapted in later times by French and German jurists.

The common law system began developing in England almost a millennium ago. By the time England's Parliament was established, its royal judges had already begun basing their decisions on customary law "common" to the realm. A body of decisions was accumulating. After the American Revolution, English common law was enthusiastically embraced by the newly independent American states.

It is often said that the common law system consists of unwritten "judge-made" law while the civil law system is composed of written codes. For example, historically, much law in the American common law system has been created by judicial decisions, especially in such important areas as the law of property, contracts and torts. Civil law countries, in contrast, have adopted comprehensive civil codes covering such topics as persons, things, obligations and inheritance, as well as penal codes, codes of procedure and codes covering such matters as commercial law.

In the United States, written law includes constitutions (both federal and state) as well as enactments by Congress and state legislatures. In addition, at both the federal and state levels, much law has in fact been codified. At the federal level, for example, there is an internal revenue code. State legislatures have adopted uniform codes in such areas as penal and commercial law. There are also uniform rules of civil and criminal procedure which, although typically adopted by the highest courts of the federal and state systems, are ultimately ratified by the legislatures. Judicial decisions interpreting constitutions and legislative enactments also become sources of the law themselves.

At the same time, not all law in civil law countries is codified in the sense that it is organized into a comprehensive organic, whole statement of the law on a given subject. In many civil law countries, lower courts tend to follow the decisions of higher courts in the system because of their persuasive argumentation. Nevertheless, a judge in the civil law system is not legally bound by the previous decision of a higher court in an identical or similar case and is quite free to ignore the decision altogether.

In common law countries, judicial decisions do have the force of law and must be respected by the public, by lawyers and of course, by the courts themselves. This is what is signified by the "concept of precedent," as expressed in the Latin phrase stare decisis -- "let it [the decision] stand."



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