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For more information about legal systems, see this article from Florida State Law Review, this article from the University of Berkeley Law Review, and this article from the Louisiana State University Law Review. Comprehensive customer relationship management system for law firms. It`s very, very relevant. Precedents underpin the entire Nigerian legal system. Hi pls I have a question about this course that I would like to explain. By the way, I sent you an email The question is: « Critically assess the historical, social, political, religious, cultural and legal implications of the essentialism of the legal profession » Thank you. Anticipate your response Pure customary law is created by the judiciary, since the law comes from case law and not from law. Therefore, a common law system places a strong emphasis on judicial precedent. However, a purely civil law system is governed by statutes and not by case law.

Natural law school has greatly influenced American legal thought. For example, the idea that certain rights are « inalienable » (as expressed in the Declaration of Independence and in the writings of John Locke) is consistent with this legal view. Individuals may have « God-given » or « natural » rights that the government cannot legitimately take away from them. A government that has only with the consent of the governed is a natural consequence from this point of view. The level or hierarchy of courts largely defines the extent to which a decision of one court has binding effect on another court. The federal court system, for example, is based on a three-tier structure in which the United States District Courts are the courts at the process level; The United States Court of Appeals is the trial court. and the U.S. Supreme Court is the final arbiter of the law. The civil legal system is mainly inspired by Roman law and in particular the Codex of Justinian. The Code of Justinian provided an elaborate model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. The U.S.

legal system is adversarial and rests on the premise that a genuine and living dispute, involving parties who have a genuine interest in its outcome, allows for the most vigorous legal debate on issues, and that courts should not have the power to make decisions unless they respond to genuine controversy. Therefore, federal courts are prohibited from issuing « advisory » opinions or opinions that do not relate to an ongoing case or controversy. (These principles are based on Article III of the U.S. Constitution, which limits the jurisdiction of the Federal Court to « cases and controversies. » Unlike federal courts, some states allow cases that are not based on actual controversies to be brought and therefore do not share the federal court`s bias against expert opinion.) A common method is to require a special majority in the legislature – two-thirds in Germany, three-fifths in France, with similar systems in India and other Commonwealth countries (and this was the case in the Soviet bloc). Another parliamentary alternative is to ask for a second vote (Italy, Denmark, Finland). Finally, some systems divide the power of amendment between legislators and citizens by requiring a referendum either for certain types or methods of change (Denmark, France, Ireland) or for each (Japan). Beyond the court`s decision, when you look at the court`s reasoning, you are most likely to understand which facts were most important to the court and which theories (law schools) each trial or appellate judge believes. Because judges don`t always agree on the original principles (i.e., they join different law schools), there are many divided opinions in appellate judgments and in every term of the U.S.

Supreme Court. The first group includes countries whose « mixed » system is influenced by both civil and common law. The old uncodified civil law of Holland is the basis of the Roman-Dutch law of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and Sri Lanka; it is characterized by a rich legal literature dating back to Hugo Grotius (de Groot) in the 17th century. But their long contacts with Britain mean that their public law and legal proceedings owe much to the common law. The common law legal system was transferred from England to its colonies. They did it with the help of admission laws. One of the laws of admission to Nigeria is section 32 of the Interpretation Act, which provides that common law rules, doctrines of equity and laws of general application applicable before 1 January 1900 shall apply in Nigeria. Common law countries include Nigeria, the United States of America (except Louisiana), Canada (except Quebec), India, and most of the other former British colonies. Constitutions, laws, regulations, treaties and court decisions may provide a legal basis in positive law. You may believe that you have been wronged, but in order for you to have an enforceable right in court, you must have something in the positive law that you can indicate that supports a cause of action against the defendant you have chosen. 2.

The laws of civil law systems are widely codified. Codification is the compilation of laws in a single document per subject. The positive legal school of legal thought would recognize the command of the legislator as legitimate; Questions about the morality or immorality of the law would not be important. On the other hand, the natural law school of legal thought would refuse to recognize the legitimacy of laws that are not in conformity with natural, universal or divine law. If a legislature issued an order that violated natural law, a citizen would have a moral right to demonstrate civil disobedience. For example, by refusing to give up her seat to a white person, Rosa Parks believed she was refusing to obey an unjust law. This is a matter in our federal court system that provides for a hearing or hearing in the U.S. District Court, an appeal to the Sixth Circuit Court of Appeals, and a final appeal to the U.S.

Supreme Court. Teresa Harris, who lost in both the District Court and the Sixth Circuit Court of Appeals, here requested a certificate (asking the court to make an order to take the case to the Supreme Court), a motion that is granted less than one in fifty times.