1. An Introduction
to
Anglo-American Law
First Grade
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2. Second Lecture
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3. Comparison …..
Common Law Civil Law
Synonym Anglo-American – Case
law – precedent law
Meaning The law which based on The law which based on
legal precedent, judges’ codified law enacted by
interpretation and statute the Legislative authority
Form of Law Court judgments and Legislations
written statutes
Countries USA – England – Australia France – Germany –
– Canada – New Zealand Switzerland - Netherland
– India – Ghana – Japan – Mexico – Egypt
Court system Unified Court body deals Dual courts system:
with all types of disputes ordinary courts and
(civil, commercial, administrative courts
criminal, administrative)
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4. Sources of US Law …..
Statutory Law Case Law
Meaning a written law set by A collection of high
the legislature, based courts judgments
on the basic
principles of the high
courts
Nature Federal and State High courts
statutory law judgments
Origin Appeared later to the Common law and
case law, as a Equity law
collection of the high
courts decisions
(principles)
At court works … Judge must refer to it Judge refer to it if he
to solve the case didn’t find a suitable
statutory rule
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5. Case Law in details …..
Its origin:
1. Common law: refers to the English
judges period – enforcing judgments
only through a writ of action issued by
the court – ”no writ no claims” – relief is
compensation only
2. Equity law: as a result of limited scope
of writ, the King afford relief in hardship
and important cases such as specific
performance and injunctions
3. Today, case law consist of both common
5 law and equity law
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6. Case Law in details …..
Its methodology (stare decisis
principle):
1. Federal and State courts
relationship
2. To be binding → → → same
facts must exists
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8. Case Law in details …..
Finding applicable case law:
1. Finding statutory law from
reviews collect all written statutes
2. Finding common law
(precedent) recourse to any
publication of courts decisions
which organized as to its
subject, date, the court, the state
or the applied rule.
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9. Activities …..
Group no.1 make an English-
English legal glossary
Group no.2
Group no.3
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10. Studying …..
Reading chapter 1 completely
Please read, check, and keep in
mind the following questions p.
26-28:
1,2,3,4,6,9,13,14,15,16,18,20,
22 and 26
For next lecture, read chapter 2
Road Map p.42-45 & chapter 3
p.59-64
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Editor's Notes
Statutory law: a set of written law codified by the legislature. It may be 1) Federal statutory law, consists of the constitution, the written laws (statutes) and the federal treaties. 2) State statutory law, consists of the state constitution, written laws (statutes) and ordinances (regulations of cities & countries)