does the us use common or civil law
Plea


procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence, and a full confession does not prevent a full trial from occurring or relieve the prosecutor from having to present a
4899524
Gun laws in Texas


for use of force or deadly force on someone against whom the force would not be justified, such as a bystander hit by an errant shot. This law does not prevent a person from being sued for using deadly force. The civil court will determine if the defendant was justified under chapter 9 of the Penal Code, however the civil court will be generally bound at common law by the previous determinations of a criminal court under the principles of res judicata and Stare decisis, in so far as those legal doctrines will apply to
14362826
Irreligion in Indonesia


and Confucianism. B. F. Intan has written that "natural law" does not require one to follow a particular religion. Atheism as he sees it, however, is used more as an example of harmony between various religions and is not used as grounds to denounce popular religion. This natural law is used as grounds for the creation of a common law, which is more usually employed elsewhere as the basis for laws governing criminal activity or civil disputes. Insulting or interfering with the practice of one of the official faiths stated above
9024265
Commissionaire


, and paid by the principal. The commissionaire does not take title to the goods. A civil law commissionaire arrangement creates agency in common law countries, such as Canada, the United Kingdom, and the United States. For tax purposes in civil law jurisdictions, a commissionaire is not generally viewed as a dependent agent by virtue of the commissionaire status. Thus, the activities and place of business of a commissionaire are not attributed to the principal. Use of a commissionaire arrangement has historically been considered to prevent a seller of goods
6170080
Attorneys in the United States


consumers used the Internet to search for an attorney. The United States legal system does not draw a distinction between lawyers who plead in court and those who do not, unlike many other common law jurisdictions. For example, jurisdictions in the United Kingdom distinguish between solicitors who do not plead in court, and the barristers of the English and Welsh systems and advocates of the Scottish system, who do plead in court. Likewise, civil law jurisdictions distinguish between advocates and civil law notaries. An additional factor that differentiates the American legal
6370530
Common law


-specific variants, arranged chronologically. Scotland is often said to use the civil law system, but it has a unique system that combines elements of an uncodified civil law dating back to the Corpus Juris Civilis with an element of its own common law long predating the Treaty of Union with England in 1707 (see Legal institutions of Scotland in the High Middle Ages), founded on the customary laws of the tribes residing there. Historically, Scottish common law differed in that the use of "precedent" was subject to the courts
5058966
Common-law marriage


In the Netherlands a couple can sign a samenlevingscontract (cohabitation agreement). This is also commonly done by couples who don't want to get married legally. The term "common-law marriage" has been used in England and Wales to refer to unmarried, cohabiting heterosexual relationships. However, this is merely a social usage. The term does not confer on cohabiting parties any of the rights or obligations enjoyed by spouses or civil partners. Unmarried partners are recognised for certain purposes in legislation: e.g., for means-tested
18647613
Common law


England and other pure common law countries also applies in Ghana. South Korea is undergoing a transition of its legal system to common law due to its obligations to open its legal market to overseas law firms, influence of strong feminism in the state system to enable and codify much stronger penalties for sex and gender related offences as it would be possible under a civil law system (related new laws were copied & pasted from US/UK law and strengthened), and overall preference to US/UK systems instead of the previous civil
5059000
Common law


every country that was colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that were formerly colonised by other nations, such as Quebec (which follows the bijuridicial law or civil code of France in part), South Africa and Sri Lanka (which follow Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local colonists. Guyana and Saint Lucia have mixed Common Law and Civil Law systems. The remainder of this section discusses jurisdiction
5058965
Reception statute


but kept the English common law as the basis for public law in the colony, notably the criminal law. With the passage of the Civil Code of Lower Canada in 1866, Quebec's civil law became entirely statute-based and used the civil law system for matters within provincial jurisdiction. Public law in Quebec continues to have its origin in the common law, but even then, civil law plays a strong role. If federal legislation requires interpretation, judges must look to the Civil Code of Quebec. The territory now forming
13497747
Supreme court


The Emirati judicial system is complex blend of both Islamic law and civil law. In some cases such as capital punishment, the decision may be passed on to the President of the country (currently Khalifa bin Zayed Al Nahyan). Canada is a bi-jural country. Nine of the provinces use the common law, while the province of Quebec uses the civil law. Federal public law is based on the common law, but federal statute law must take into account both legal systems. The Supreme Court of Canada was established
13163921
Common-law marriage


not be met.) To this limited extent, English law does recognise what has become known as a "common-law marriage". English legal texts initially used the term to refer exclusively to "American" common-law marriages. Only in the 1960s did the term "common-law marriage" begin to be used in its contemporary sense to denote unmarried, cohabiting heterosexual relationships and not until the 1970s and 1980s did the term begin to lose its negative connotations. The use of the term is likely to have
18647618
Bachelor of Laws


two legal systems. In the province of Quebec, a system of civil law is used. However, at the federal level, as well as in every province or territory except Quebec, a system of common law is used. Because of this, there are two types of Canadian law degrees generally in use. The programme of study for common law has traditionally been an undergraduate LL.B. degree, which has now been replaced by the J.D. at nearly all Canadian common law schools, with McGill University an exception. Entrants to the
7325450
Common law


typically do not include explanatory opinions, and thus no precedent flows from one decision to the next. In common law systems, a single decided case is binding common law (connotation 1) to the same extent as statute or regulation, under the principle of "stare decisis". In contrast, in civil law systems, individual decisions have only advisory, not binding effect. In civil law systems, case law only acquires weight when a long series of cases use consistent reasoning, called "jurisprudence constante". Civil law
5058953
Hypothec


of sequestration for rent, landlord's hypothec does continue as a right in security (section 208(2)(a)). In Quebec law, the word is nevertheless used in translations as an equivalent of "hypothèque", which has a much broader meaning and encompasses the common law equivalents of, "inter alia", mortgages, non-possessory liens over movables or immovables, and legal or equitable charges. Thus, art. 2660 of the Quebec Civil Code defines "hypothec", providing as follows: The Quebec "hypothèque"
16239935
Common-law marriage


are a number of methods by which these relationships are recognized in Australian law and they include the same entitlements as "de jure" marriage. The federal "Marriage Act 1961" provides for marriage, but does not recognize 'common-law marriages'. Since midnight 9 January, 2018 same-sex marriage became legally effective throughout Australia. Canada does not have true common-law marriage (as in parts of the US), although common-law "relationships" are recognized for certain purposes across Canada. In Canada
18647594
Latent defect


is often used as part of the guarantee clauses in a sales contract so that the buyer can recover damages from the seller if defects turn up in the property after the sale. For example, the seller may be required to pay for repairs of any such damage. In Common Law, there is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract. Civil Law in some jurisdictions (Quebec, Canada) does provide for such an automatic right
2610701
Doctors' Commons


Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library. Court proceedings of the civil law courts were held in Doctors' Commons. The society used St Benet's, Paul's Wharf as its church. While the English Common Law, unlike the legal systems on the European continent, developed mostly independently from Roman Law,
3566280
Brocard (law)


Latin legal phrases are used in English only because Latin was the "lingua franca" of the Medieval era. Although some of these phrases are in common use in law, such as "res ipsa loquitur", "novus actus interveniens", "talem qualem", "de minimis non curat lex", and "consensus ad idem", the common law is not premised on the principles of civil law, and their use is being replaced by that of vernacular substitutes. For example, "Black's Law Dictionary
9287276
Joseph Dainow


Law, there were not a lot of opportunities for a university position in the U.S. and Canada. While most of Europe and the rest of the world had legal systems based on Civil Law, only Quebec and Louisiana used the Civil Law. Civil Law is based on comprehensive, continuously updated legal codes that specify all matters that can be brought before a court. The rest of the U.S. and Canada used the Common Law, which was based on the English legal system of case law where the law is based on prior judicial
12503215
International arbitration


do not adopt common law broad disclosure procedures (discovery) or follow the civil law in eliminating entirely the ability of engaging in some disclosure-related practices. The IBA Rules blend common and civil systems so that parties may narrowly tailor disclosure to the agreement's particular subject matter. David Rivkin, who chaired the committee that drafted the rules, has noted that the wide adoption of these rules in international arbitration has led in practice to an unexpected use by common law practitioners to limit disclosure and by civil law practitioners to expand it
7784893
Law of Malaysia


are instances where Australian, Indian, and Singaporean cases are used as persuasive authorities. The application of English law or common law is specified in statutes. Section 5 of Criminal Procedure Code states that English law shall be applied in cases where no specific legislation has been enacted. Similarly, in context of civil law, Sections 3 and 5 of Civil Law Act allows for application of English common law, equity rules, and statutes in Malaysian civil cases where no specific laws have been made. In 2007, Chief Justice of Malaysia
21121392
Common carrier


companies, phone companies, internet service providers, cruise ships, motor carriers (i.e., canal operating companies, trucking companies), and other freight companies generally operate as common carriers. Under US law, an ocean freight forwarder cannot act as a common carrier. The term "common carrier" is a common law term, seldom used in continental Europe because it has no exact equivalent in civil-law systems. In continental Europe, the functional equivalent of a common carrier is referred to as a "public carrier"
19095953
List of national legal systems


(Islamic jurisprudence) is the most widely used religious law, and one of the three most common legal systems in the world alongside common law and civil law. It is based on both divine law, derived from the Qur'an and Sunnah, and the rulings of Ulema (jurists), who used the methods of "Ijma" (consensus), "Qiyas" (analogical deduction), "Ijtihad" (research) and "Urf" (common practice) to derive "Fatwā" (legal opinions). An
20269485
Drainage law


permit reasonable changes in natural flow, often weighing the competing interests of neighboring landholders with the benefit of the development of the parcel. The reasonable use rule presents an alternative to both the common enemy doctrine and the civil law rule. It allows a landowner to make "reasonable" alteration to the drainage pattern of his parcel, with liability only occurring when the alteration causes "unreasonable" harm toward neighboring parcels. Judicial mitigation of the common enemy doctrine and civil law rule often results in an approximation of the reasonable use rule.
9559912
Law of Mexico


civil law tradition was developed by, and as such the "authorities" were and continue to be, legal scholars and not judges and lawyers as in the common law tradition. The legal treatises produced by these scholars are called doctrine (), and are used much in the same way case law is used in the common law tradition. However, these scholarly contributions do not carry the force of law and are not legally binding. Mexican law recognizes custom, the rules, principles, and norms formed through a gradual but
4889241
List of law schools in Canada


This is a list of law schools and law faculties in Canada. Canada is mostly a common law jurisdiction. However, the province of Quebec uses the civil law system for private law matters. As a result, Quebec's French-language law schools are exclusively civil law schools, and typically possess additional language requirements. Generally, entry into law programs in Canada is based primarily on a combination of the student's previous grades as well as, for English-language common-law programs, their score on the Law School
4857450
Civil law (legal system)


citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples ("jus gentium"); hence, the Justinian Code's title "Corpus Juris Civilis". Civil law practitioners, however, traditionally refer to their system in a broad sense as "jus commune", literally "common law", meaning the general principles of law as opposed to laws specific to particular areas. (The use of "common law" for the Anglo-Saxon systems
21173840
Admiralty law


and Wales, of Northern Ireland law, and of US law, contrast to the continental law (civil law) that prevails in Scottish law and in continental Europe, which trace back to Roman law. Although the English Admiralty court was a development of continental civil law, the Admiralty Court of England and Wales was a common law court, albeit somewhat distanced from the mainstream Kings Bench. Most of the common law countries (including Pakistan, Singapore, India, and many other Commonwealth of Nations countries) follow English statute and
1126096
Law of France


akin to the federal laws that apply across states of the US, on top of their own state law), and not simply a group of rules which influence the content of France's civil, criminal, administrative and constitutional law. As mentioned, the term "civil law" in France refers to private law, and should be distinguished from the group of legal systems descended from Roman Law known as civil law, as opposed to common law. The main body of statutes and laws governing civil law and procedure are set
9627083
Common law


criminal code are the responsibilities of the provinces. Canadian federal statutes must use the terminology of both the common law and civil law for those matters; this is referred to as legislative bijuralism. Nicaragua's legal system is also a mixture of the English Common Law and Civil Law. This situation was brought through the influence of British administration of the Eastern half of the Mosquito Coast from the mid-17th century until about 1894, the William Walker period from about 1855 through 1857, USA interventions/occupations during the period from 1909 to 1933
5058992
Petit jury


hung jury. The size of the jury varies; in criminal cases involving serious felonies there are usually 12 jurors, although Scotland uses 15. A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases. However, the common law trial jury is the most common type of jury system. In civil cases many trials require fewer than twelve jurors. Juries are almost never used in civil cases outside the United States and Canada
19907160
Jus commune


Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the "ius commune" was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. ("Ius commune" is distinct from the term "common law" meaning the Anglo-
5520631
LGBT rights in Pakistan


all of the known recorded cases of these laws being used against LGBT Pakistanis suggest that the more common punishment involves harassment and sporadic blackmail by the police, then the imposition of fines and jail sentences. The Pakistan Constitution does not explicitly make mention of sexual orientation or gender identity. It does contain certain provisions that may impact the constitutional rights of LGBT Pakistani citizens. No civil rights legislation exists to prohibit public or private sector discrimination on the basis of sexual orientation or gender identity. The Green Party of Pakistan has expressed some support
18634718
Canadian contract law


Canadian contract law has its foundation in the English legal tradition of the 19th and early 20th century. It remains largely rooted in the old English common law and equity. Individual provinces have codified many of the principles in a "Sale of Goods Act", which was also modelled on early English versions. Quebec, being a civil law jurisdiction, does not have contract law, but rather has its own law of obligations that is codified in the Quebec Civil Code. In following with the common law tradition, a contract requires
18196535
Harvard Civil Rights-Civil Liberties Law Review


. Nor does any publication capitalize on the burgeoning interest in rights and liberties among this new generation of law students. Nor does any review endeavor to link together the students and faculties of the various law schools in such a cooperative enterprise. These are among our aims. But most important. Ours is to be a review of revolutionary law. Such an ideal is as new as United Nation Declarations on Human Rights and as old as the "Grand Tradition" of Common Law fashioning causes of action to rights and wrongs. In
12587696
Name change


the name at will under common law) is sufficient to change the name. Not all jurisdictions require that the new name be used exclusively. Any fraudulent use or intent, such as changing the name to the same name as another person's name, may invalidate this type of name change. Specifically in California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 1279.5 (a) reads, "Except as provided in subdivision (b)
13520028
Civil law (common law)


those taken in civil courts. In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases". In England, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt—proof on a balance of probabilities. In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that
13981301
Notary


of attorney are very common documents needing notarization. In the US (except Puerto Rico), any person – lawyer or otherwise – may be commissioned as a notary. Most civil law-based systems have the civil law notary, a legal professional working in civil law performing many more functions. The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373. To "notarize" a document or event is not a term of art, and its
6803249
Legal culture


accusatorial manner. Nonetheless the common law culture predominately consists of oral arguments where legal representors steer the case in search of justice and reinforcement of rights. The use of a Jury in the common law as a judge of fact is unique when compared to civil law systems. The Jury are triers of fact in both civil and criminal cases and this reflects a particular culture of law; namely the direct involvement of society in the legal framework. In France a judge’s role as trier of law and fact is merely as an administrator
21804308
Customary law


and for this reason has increasing influence. In the Scandinavian countries customary law continues to exist and has great influence. Customary law is also used in some Third World countries, such as those in Africa, usually used alongside common or civil law. For example, in Ethiopia, despite the adoption of legal codes based on civil law in the 1950s according to Dolores Donovan and Getachew Assefa there are more than 60 systems of customary law currently in force, "some of them operating quite independently of the formal state legal system"
4057485
Canadian Human Rights Commission free speech controversy


no defence." He has said that when he and other human rights activists advocated the creation of human rights commissions they "never imagined that they might ultimately be used against freedom of speech." However, human rights law is not criminal law and, unlike criminal law, relies on evidence of effect and not intent. This is the rule in civil law cases in general, for example those based in tort and delict in common law and civil law respectively. He argued at the time that the law could be used
7610211
Fair use


term "fair use" originated in the United States. Although related, the limitations and exceptions to copyright for teaching and library archiving in the U.S. are located in a different section of the statute. A similar-sounding principle, fair dealing, exists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law systems. Civil law jurisdictions have other limitations and exceptions to copyright. In response to perceived over-expansion of copyrights, several electronic civil liberties and free
10528174
Scandinavian law


" does not apply, the courts are open to reflect ever-changing social conditions. Although each Nordic state follows either a common or civil law system, it is proclaimed that these Scandinavian countries have adopted jurisprudence that falls neither in the civil law system nor the common law system. All five of the Nordic states have their own respective Constitutions upon which their legislative framework is based. Whilst these Constitutions are all separate in nature, due to the legal cooperation between the Scandinavian states, the Constitutions are similar in their aims and
11345661
Université de Moncton


common and civil law, as does McGill; thus the University of Moncton's Faculty of Law is the only exclusively French, exclusively common law school in Canada. U de M offers both the JD and the graduate LLM. The school also offers joint degrees: the JD-MBA (Masters of Business) and JD-MEE (Masters of Environmental Studies). As well, students who already possess a civil law degree (an LL.L or a BCL) from a Canadian school can enroll at U de M for two
12628027
Lawyer


contact in New South Wales." In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a "quid pro quo" for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries. In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. In some civil law jurisdictions, real estate transactions are handled by civil law notaries.
17642681
Deutsche Pfadfinderschaft Sankt Georg


does not practise youth leadership. The DPSG does not know a common Scout Promise. The promise shall be formulated individually by the respective group and for the respective advancement. Nevertheless some local groups have regular wordings that are in use since the 1960s. In 2005, the DPSG reintroduced a common Scout Law for the whole association. In the years before, four guidelines were used instead of a Scout Law. The DPSG strongly emphasizes its international partnerships. Since the late 1940s, it is twinned with the Scouts et Guides de France
16363249
Louisiana


law, as opposed to English common law. Louisiana's civil law system is what the majority of nations in the world use, especially in Europe and its former colonies, excluding those that derive from the British Empire. However, it is incorrect to equate the Louisiana Civil Code with the Napoleonic Code. Although the Napoleonic Code and Louisiana law draw from common legal roots, the Napoleonic Code was never in force in Louisiana, as it was enacted in 1804, after the United States had purchased and annexed Louisiana in 1803.
18486568
Common law


"cultural" difference between common law (connotation 2) and civil law jurisdictions. In both systems, treatises compile decisions and state overarching principles that (in the author's opinion) explain the results of the cases. In neither system are treatises considered "law," but the weight given them is nonetheless quite different. In common law jurisdictions, lawyers and judges tend to use these treatises as only "finding aids" to locate the relevant cases. In common law jurisdictions, scholarly work is seldom cited as authority for
5058959
Common law


the other direction is shown in the 1982 decision "Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health" (), in which the European Court of Justice held that questions it has already answered need not be resubmitted. This showed how a historically distinctly common law principle is used by a court composed of judges (at that time) of essentially civil law jurisdiction. The former Soviet Bloc and other socialist countries used a socialist law system, although there is controversy as to whether socialist law ever constituted a separate legal
5058963
Law of Ukraine


The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law. The new civil law books (enacted in 2004) were heavily
17637462
Civil law (legal system)


example of a civil-law is the Napoleonic Code (1804), named after French emperor Napoleon. The code comprises three components: Rather than a compendium of statutes or catalog of case law, the code sets out general principles as rules of law. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value. Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other (or even superior) judicial decisions. In actual practice
21173837
Common area


, gated communities, condominiums, cooperatives and shopping malls. In any situation where there is a tenancy in common, all the tenants in common collectively own the common areas, meaning that any one individual owner does not possess more control over the land than any other owner. This differs from a commons or common land, as used in English law, which is owned by one person, but which may be used by a group of persons. Examples of common areas include: In "Maryland v. Garrison", the US
7784170
Canadian defamation law


the English common law, such as the defense of fair comment, into the local law. Such references to British law became more problematic in the Twentieth Century, with some judges and academics arguing that the basic principles of the civil law gave rise to similar defenses without need to refer to English case law or principle. The Civil Code of Quebec does not have specific provisions relating to an action in defamation. Therefore, the general rules of extra-contractual responsibility established by article 1457 of the Civil Code of Quebec apply:
10903125
Inquisitorial system


An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, as opposed to common law systems. Countries using common law, including the United States, may use an inquisitorial system for
19679709
Bachelor of Laws


and one Welsh university (University of Wales) award the LL.B. in Ireland as a professional degree in law (the latter three are run via local private colleges). Ireland is a common law jurisdiction (in fact there are two common law jurisdictions on the island) and the expression "civil law" is used to differentiate common law from ecclesiastical law or Canon Law in the republic. In the nineteenth century the University of London conferred degrees of LL.B. on clerical and lay students at St. Patrick's College, Carlow from 1840
7325483
Jewish views on marriage


a divorce. Conservative Judaism follows halacha, though differently than Orthodox Judaism. Reform Jews usually use an egalitarian form of the Ketubah at their weddings. They generally do not issue Jewish divorces, seeing a civil divorce as both necessary and sufficient; however, some Reform rabbis encourage the couple to go through a Jewish divorce procedure. Orthodox Judaism does not recognize civil law as overriding religious law, and thus does not view a civil divorce as sufficient. Therefore, a man or woman may be considered divorced by the Reform Jewish community
16599221
Delict


penale" is the same concept, but "illecito civile extracontrattuale" (or "delitto civile"), like delict in Scots law, is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them, akin to common-law tort. German-speaking countries use the word "Delikt" for crime and "unerlaubte Handlung" for delict, but "Deliktsrecht" is a branch of civil law (similar to tort law). In French law,
2650450
Bachelor of Civil Law


. However, some universities in English-speaking countries use the degree in the former sense. At Oxford, the degree of Bachelor of Civil Law (BCL) is a taught postgraduate degree in English law, occupying a similar position as the Master of Laws (LLM) programmes of other British universities, but specifically for common law degree holders. Students with civil law degrees following the same programme are awarded the degree of "Magister Juris" (MJur). Oxford claims that the BCL is "the most highly regarded taught
4221585
Mortal wound


Hickey Duganne is a collection of personal accounts of the civil war. "Mortal wound" is used by the author when he exclaims "And the wide land with mortal wound outbleeds!" the author is describing the mass of men that are found with seriously injured throughout the land he stands on. In the 1982 non-fiction "Tortious Liability for Unintentional Harm in the Common Law and the Civil Law," the author discusses problems associated with liability in European Law. He uses the term "mortal wound" to discuss
4987259
Sources of law


systems often absorb ideas from the common law and "vice-versa". Scotland, for instance, has a hybrid form of law, as does South Africa, whose law in an amalgam of common law, civil law and tribal law. A state may comply with international law, it may have a written or federal constitution, or it may have regional legislature, but normally it is the central national legislature that is the ultimate source of law. While a written constitution may seem to be the prime source of law
16784507
Paraphrasing of copyrighted material


much more protection to the author. Free use, similar to the English common law concept of fair use, was only allowed if it did not infringe upon the normal exploitation of the work or the legitimate interests of the author. Moral rights are rights of creators of copyrighted works that are generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution and the right to the integrity of the work, which bars the work from alteration, distortion, or
6502397
Originalism


American people, American judges, or the judiciaries of any foreign country) is inherently valueless for interpretation of the meaning of the Constitution, and should not form any part of constitutional jurisprudence. The Constitution is thus fixed and has procedures defining how it can be changed. The exception to the use of foreign law is the English common law, which originalists regard as setting the philosophical stage for the US Constitution and the American common and civil law. Hence, an originalist might cite Blackstone's "Commentaries" to establish the meaning
8517870
Court system of Canada


courts in Quebec, in particular, are under no obligation to apply judicial precedent—the principle of "stare decisis"—which is the general rule elsewhere in Canada. This is because Quebec's civil law is entirely codified, while civil law in the other nine provinces grew out of the English common law. There are two terms used in describing the Canadian court structure which can be confusing, and clear definitions are useful at the outset. The first is the term "provincial court", which has two quite different meanings, depending
9478799
Land tenure


fee tail is hereditary, non-transferable ownership of real property. A similar concept, the "legitime", exists in civil and Roman law; the "legitime" limits the extent to which one may disinherit an heir. Under both common law and civil law, land may be leased or rented by its owner to another party. A wide range of arrangements are possible, ranging from very short terms to the 99-year leases common in the United Kingdom, and allowing various degrees of freedom in the use of the property
15521204
Prejudice (legal term)


Prejudice is a legal term with different meanings when used in criminal, civil, or common law. Often the use of prejudice in legal context differs from the more common use of the word and thus has specific technical meanings implied by its use. Two of the more common applications of the word are as part of the terms "with prejudice" and "without prejudice". In general, an action taken "with prejudice" is essentially final; in particular, "dismissal with prejudice" would forbid a party from refiling
5960703
Common law


of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent. The form of reasoning used in common law is known as casuistry or case-based reasoning. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law
5058921
Supreme Court of Mauritius


Court, Mediation Division, Criminal Division, Court of Civil Appeal and Court of Criminal Appeal. The Judicial Committee of the Privy Council is the final Court of appeal in Mauritius. The modern system of law in Mauritius is an amalgamation of French civil law and common law, while the civil and criminal proceedings are modelled based on British practice. Supreme Court is established as the highest court of justice and lower courts of namely, the Criminal Court of Procedure and the Civil Court of Procedure. The official language used in the Supreme
4103609
State law (United States)


also adopted community property systems, but they did not inherit them from a previous civil law system that governed the state). Another example of civil law influence in these states can be seen in the California Civil Code, where the law of contracts is treated as part of the law of obligations (though the rules actually codified are clearly derived from the common law). Many of the western states, including California, Colorado, New Mexico, and Wyoming use a system of allocating water rights known as the prior appropriation doctrine
22127628
Name change


South Africa, which uses a mixture of common law and civil Roman Dutch law, mostly uses common-law procedures with regard to name change. Name changes in South Africa are regulated by the Births and Deaths Registration Act (Act 51 of 1992, as amended). The personal information of all citizens and permanent residents is recorded on the Population Register, so any name changes must be registered. A person can change their forenames by submitting a form to the Department of Home Affairs. An individual's surname, or that
13520062
Common law


Appeal of the province. This is the highest court in provincial jurisdiction, only subject to the Supreme Court of Canada in terms of appeal of their decisions. All but one of the provinces of Canada use a common law system (the exception being Quebec, which uses a French-heritage civil law system for issues arising within provincial jurisdiction, such as property ownership and contracts). Canadian Federal Courts operate under a separate system throughout Canada and deal with narrower subject matter than superior courts in provincial jurisdiction. They hear cases reserved
5058990
Derogation


Derogation is the partial suppression of a law, as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. The term is used in canon law, civil law, and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: "Lex posterior derogat priori", i.e. a subsequent law imparts the abolition of a previous one. Derogation differs from
11393429
Assumpsit


the various forms of action with the civil action. However, many states continue to recognize assumpsit as a common law or statutory cause of action or allow the use of the old "common counts" as causes of action. For example, California has a special "common counts" cause of action form (to be attached to an optional form complaint) based directly on the old common counts that were pleaded in assumpsit. The traces of the law relating to assumpsit are still felt today, particularly in the law of contract
12999770
Law of the United States


powers, of which the most famous is the Miranda warning. The writ of "habeas corpus" is often used by suspects and convicts to challenge their detention, while the Civil Rights Act of 1871 and "Bivens" actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading was replaced by code pleading in 24 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently
14726148
Martial law in the United States


have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the Civil Rights Movement, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law. In United States law
373544
Fiqh


Hawala", an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. "Hawala" itself later influenced the development of the agency in common law and in civil laws such as the "aval" in French law and the "avallo" in Italian law. The "European commenda" (Islamic "Qirad") used in European civil law may have also originated from Islamic law. The "Waqf" in Islamic law, which developed during the 7th–9th centuries,
10949041
Scots law


"ultra vires" or proper procedures in its creation were not followed. Legislation which forms part of the law of Scotland should not be confused with a civil code as it does not attempt to comprehensively detail the law. Legislation forms only one of a number of sources. Common law is an important legal source in Scotland, especially in criminal law where a large body of legal precedent has been developed, so that many crimes, such as murder, are not codified. Sources of common law in Scotland are the decisions of
10874564
Advocate general


into a common law system than a civil law system; and England, the archetypal common law jurisdiction, has no such officer, nor is there any equivalent person to address and advise any court. However, England does have an Attorney General, who serves one of the Law Officers of the Crown and whose duty is to advise the Crown and Cabinet on the law. His deputy is the Solicitor General, who serves the same function. Historically, the United Kingdom Government was advised on matters of Scots Law by the Lord
14499573
Jury trial


routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely absent elsewhere in the world. Some civil law jurisdictions, however, have arbitration panels where non-legally trained members decide cases in select subject-matter areas relevant to the arbitration panel members
16491498
Replevin


Replevin is an action of civil law, not criminal law. Therefore, because of the differing burden of proof, a defendant found not guilty of criminal theft may nevertheless be required to return the disputed item or items in civil court. Replevin does not provide compensation for any monetary loss arising from the loss of use of some income-producing property item. Note also that replevin involves return of an actual specific item or items, not monetary compensation for loss. Thus, it would not normally be used in a case regarding
47472
Right of self-defense in Maryland


In the state of Maryland, the right of self-defense is mostly governed by case law, but there is also a statute. Maryland continues to follow common law principles on the use of force in self-defense, although there is a statute (discussed below) on the subject of immunity from civil lawsuits for the use of force to defend a home or a business. In the case of "Baltimore Transit Co. v. Faulkner", 179 Md. 598, 20 A.2d 485 (1941), which involved a civil
19395898
Juries in the United States


places upon the high ground of constitutional right the inestimable privilege of a trial by jury in civil cases, a privilege scarcely inferior to that in criminal cases, which is conceded by all to be essential to political and civil liberty." Nearly every state constitution contains a similar guarantee. The 7th Amendment does not create any right to a jury trial; rather, it "preserves" the right to jury trial that existed in 1791 at common law. In this context, common law means the legal environment the United States inherited
7548133
Defendant


A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. For example, Scots law does not use the term "defendant"; the terms "accused" or "panel" are used instead in criminal proceedings, and "defender" in civil proceedings. In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an
8935426
Basque civil law


areas, but sin 1759 on, the term is used in Spain to name the peculiar Civil Law of the territories that resisted the centralization politic initiated by Phillip the Fifth. 1.2. The Basque Charters: The characteristics of a juridical system: A congress held in Andorra about the Law stated that, prior to the French Revolution the Law in the northern side of the Pyrenees had many points in common with the Law in its southern side. It was deemed as proved that the Pyrenean Law is a peculiar regulation that only arbitrarily
11584304
Amicus curiae


. The "amicus curiae" figure originates in Roman law. Starting in the 9th century, it was incorporated into English law, and it was later extended to most common law systems. Later, it was introduced in international law, in particular concerning human rights. From there, it was integrated in some civil law systems (it has recently been integrated into Argentina's law system and Honduras's 2010 civil procedures code). Today, it is used by the European Court of Human Rights, the Inter-American Commission
9110944
Civil infraction


In common law countries, a civil infraction is a non-criminal violation of a rule, ordinance, or regulation. A civil infraction is a violation of the law less serious than a misdemeanor, and which usually does not attach certain individual rights such as a jury trial. In the United States, the key characteristic of an infraction is that the punishment seldom includes any amount of incarceration in a prison or jail or any other loss of civil rightstypically the only punishment is a fine, although sometimes other regulatory actions are possible
19694267
Strategic lawsuit against public participation


should not be barriers to the right to petition for those who sincerely believe they have been wronged, regardless of ulterior motives. Nonetheless, anti-SLAPP laws are generally considered to have a favorable effect, and many lawyers have fought to enact stronger laws protecting against SLAPPs. SLAPPs take various forms. The most common used to be a civil suit for defamation, which in the English common law tradition was a tort. The common law of libel dates to the early 17th century and, unlike most English law, is reverse
3109279
Copyright infringement


of protected works can be said to be infringing. Article 10 of the Berne Convention mandates that national laws provide for limitations to copyright, so that copyright protection does not extend to certain kinds of uses that fall under what the treaty calls "fair practice", including but not limited to minimal quotations used in journalism and education. The laws implementing these limitations and exceptions for uses that would otherwise be infringing broadly fall into the categories of either fair use or fair dealing. In common law systems, these fair practice statutes typically
21714675
Bailment


create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. Bailment is a typical common law concept although similar concepts exists in civil law. In addition, unlike a lease or rental, where ownership remains with the lessor but the lessee is allowed to use the property, the bailee is generally not entitled to the use of the property while it is in his possession. A common example of bailment is leaving one's car with a valet. Leaving a car in an unattended
6547682
Passports of the EFTA member states


a non-biometric passport) and non-EEA citizens must use an immigration counter. Anyone travelling with children must also use an immigration counter. Note that the EFTA as an organisation does issue rules for passport design and validity of the four countries. The European Union does this through the Schengen regulations, besides the global ICAO regulations. EFTA is in this article used as a common name for these countries. The International Civil Aviation Organization (ICAO) issues passport standards which are treated as recommendations to national governments. The size
21928711
Salic law


peers. The civil law establishes that an individual person is legally unprotected if he or she does not belong to a family. The rights of family members were defined: for example, the equal division of land among all living male heirs, in contrast to primogeniture. One tenet of the civil law is agnatic succession, explicitly excluding females from the inheritance of a throne or fief. Indeed, "Salic law" has often been used simply as a synonym for agnatic succession. But the importance of Salic law extends beyond the
1392927
Best interests


the courts within those jurisdictions to consider specific factors. The term is used as doctrine used by courts to determine a wide range of issues relating to the well-being of children. In the application of family law, one of the most common of these issues concern questions that arise upon the divorce or separation of the children's parents. Examples include: In proceedings involving divorce or the dissolution of a common-law marriage or a civil union, family courts are directed to assess the best interests of any children of these
4452928
Common carrier


for common carrier as public provider is that it cannot "discriminate," that is refuse the service unless there is some compelling reason. As of 2007, the status of Internet service providers as common carriers and their rights and responsibilities is widely debated (network neutrality). The term common carrier does not exist in continental Europe but is distinctive to common law systems, particularly law systems in the US. In "Ludditt v Ginger Coote Airways" the Privy Council (Lord Macmillan, Lord Wright, Lord Porter and Lord
19095965
List of national legal systems


Ulema was required to qualify for an "Ijazah" (legal doctorate) at a "Madrasa" (law school/college) before they could issue "Fatwā". During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law and several civil law institutions. Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property
20269486
Juris Doctor


universities. The nature of the J.D. can be better understood by a review of the context of the history of legal education in England. The teaching of law at Cambridge and Oxford Universities was mainly for philosophical or scholarly purposes and not meant to prepare one to practice law. The universities only taught civil and canon law (used in a very few jurisdictions such as the courts of admiralty and church courts) but not the common law that applied in most jurisdictions. Professional training for practicing common law in England was undertaken at the
19443974
Divorce law by country


made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, which differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces. The law for division of property and debt, however, are within the jurisdiction of each province or territory, creating a structure
3593104
In re McUlta


change a name by petition and decree, that permission does "not change the common-law rule that a man may lawfully change his name at will and will be bound by any contract into which he enters under his adopted or reputed name, and that he may sue and be sued in that name". Explicitly, a common law name change carries the same legal weight as a court-decreed name change. The ruling also uses term of art "at will", clarifying that common law allows name changes "
9163531
Recognition of civil marriage in Israel


couple to be arranged by the Paraguayan consulate in Tel Aviv, is another jurisdiction used. Another approach is to resort to what is called a "common-law marriage". A common-law marriage entitles the partners to most of the rights of a formally married couple in relation to inheritance, pensions and the landlord and tenant matters. However, the status of common-law marriage is not equal to that of formal marriage in many fields. For example, exemption from military service for a married woman only applies to
17008513
Société par actions simplifiée


Société par actions simplifiée (SAS, "English:" "simplified joint-stock company") is the first hybrid law enacted under French law and based on common law principles rather than civil. It is similar to a limited liability company under United States law, as the Delaware limited liability company was the model used by the French Government. The SAS is also similar to the limited company in the British law, and most other hybrids; though the hybrid in civil law countries is quite different because there is also a
14294943
Reception statute


rejected English law. Some states enacted reception statutes as legislative statutes, but other states received the English common law by provisions of their constitution or by court decision. British traditions such as the monarchy were rejected by the US Constitution, but many English common law traditions such as habeas corpus, jury trials, and various other civil liberties were adopted in the United States. Significant elements of English common law prior to 1776 still remain in effect in many jurisdictions in the United States because they have never been rejected by American courts or
13497738