Different Background, Same Future

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A vision upon both the historical differences as well as future of Common & Civil law, 2 of the largest lawsystems in our world.

Published in: Economy & Finance
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Different Background, Same Future

  1. 1.  The one who pleads cases  The cunning, clever, nimble, … career attorney  Not much or no client contact  The Bureaucrat  The legal Expert
  2. 2.  The Advisor  Aid of Barristers  The small courts laywer  Searches clients  Much clientcontact
  3. 3.  The one who pleads cases  The one who has clientcontact  The advisor  The intellectuel, who studied at university  The …
  4. 4.  A principle  Established by a judge  Vague or specific  Overruling/overturned by higher courts  Distinguishing possible  Case law
  5. 5.  System of rules  Shaped by politicians, contracts, …  Enforced by courts  Lawyers/judges have to base upon them  Codified  Different laws: international, trust, contract, labour, …
  6. 6.  Sworn body of people  Render verdict  Facts finder / based upon facts  Small (petit) or Grand jury  Deliberations strictly confident  Mostly used in Common Law  Civil law: only assise court (eg. murders)
  7. 7.  = Anglo-American law  = Case law  Previous Britisch Colonies  Commonwealth  Eg. Australia, England, Wales, USA, India, …
  8. 8.  = Continental law  = Roman law  Mostly European continent  Eg. Belgium, Netherlands, France, Germany, …  Also Japan, Mexico  Napoleontic Code  Also Brazil, Argentina, …  Colonies
  9. 9.  European Union  NATO  Generalizing world  Internationalizing world  Systems grow closer together
  10. 10.  Attorney, lawyer, sollictor, … user in any nation  Sollictor can plead  Precedents used in European courts  Precents used via some national courts  England more usage of laws  Use of jury decreases in common law  ….

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