Questions tagged [civil-legal-system]
Civil law is a legal system originating in Continental Europe based on a codified set of principles that serve as the primary source of law. Often contrasted with the [common law] system, which originated in England. [common law] is predominant in Anglophone areas and [civil law] in areas speaking other European languages. Not to be confused with [civil law] claims, which is a person-to-person legal redress that can arise under any legal system.
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common law vs civil law differences
I am trying to get a better understanding of differences between common law and civil law legal systems. Here is what I was able to find online:
in common law there is the idea of a precedent, while ...
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Why is it called Civil Law? What's "civil" about it?
Why is a civil legal system referred to as a system of “civil” law? In what sense is it “civil”? Does the name derive from origins in or association with the civil code or code civil? In this case, ...
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Why does the high court of chivalry follow “civil law,” and what does this mean?
The English so called high court of chivalry, archaic and now rarely used, is said by Wikipedia to follow civil law (ie not common law).
How does this work, and how did it come to be?
https://en.m....
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Countries where re-sentencing is not allowed?
Are there any countries, where currently, a sentence cannot be appealed by the prosecution's side for being unduly lenient?
For example, someone is given a year suspended sentence for burglary, and ...
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What year did Spain outlaw computer virus spreading?
What year did Spain outlaw malware (computer virus), in the public side of their Civil Legal System? I am also interested in what the penalty would be, as having read through their criminal Articles ...
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How would an extradition work when only one of two actions was criminal?
Pretend somebody committed two different acts that were considered crimes in their country. This person then fled to another country, where only one of their acts is considered a crime.
In the above ...
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In civil court what happens when two cases overlap?
What happens when there are two pending / overlapping court cases where the decision in one case effects the outcome of the other case. Would the court allow the second case to be heard/filed before a ...
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Countries with similar sexual offences Laws to Germany?
I will start by saying that my research into German law is incredibly limited, and I am just following news articles on the topic. I of course apologise if I have fallen for fake news!
My ...
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Have any countries banned helicopters?
I was curious as to whether any countries had banned helicopters being flown within their air space? Whether this be people flying there for business purposes, flying domestically, or leaving the ...
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What do i do how do I get my truck back or paid for everything that I've lost [closed]
Someone(ex roommate who i had sexual relations with) forged my signature on a bill of sale and stole my truck i Called to report it and the police won't do nothing since the truck is no longer in my ...
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What was the scope of the Norman influence upon the English legal system?
Which aspects of the English legal system are characterized by clear influences from France?
How is this reconciled with the different (civil/common law) paradigms?
For example, the justices of the ...
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What is the basic structure of Indian Law?
Recently, I read the constitution of India and it was great. However, I'm unable to understand how Acts are made, what current classifications are. I find quite some overlap in laws, patchwork, ...
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Statutory Interpretation in Civil-Legal Systems?
There are several Statutory Interpretation rules which judges within the United Kingdom must follow when trying criminal cases under the Common Law system. These rules are used to prevent laws from ...
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Can I sign a new contract before resigning from a job that has not yet started
I have accepted an offer and signed a contract that starts next month (from August).
However, now, I have a new job offer that I prefer. I would like to accept it and sign a contract for this new ...
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Where to find all laws/codes/statutes/etc. for every legal system / country online?
I found this constituteproject.org, which seems to have the constitutions for every country in a nice and easy to parse format online. I see the US Code here, and the statutes at large for the US. ...
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Can the term "code" be used as an all-encompassing legal term for law, statutes, bills, acts, constitutions, and other "legislation"?
I am trying to figure out what law, codes, statutes, bills, acts, constitutions, opinions, decisions, and legislation have in common, what the overarching entity is that these objects all are. I am ...
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Total cost of theft (or other property crime)?
Suppose Bob earns his living by stealing from a specific supermarket store. Now one day, he is caught and the police can prove he stole stuff for a total value of CHF 10000. Now several things will ...
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Correlation between wealth and win rate
I’m trying to find out if there’s a correlation between win rates in civil cases and the wealth of the parties involved. I’ve searched google scholar but the only thing I can find is a paper regarding ...
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Large customer (Distributor) changes a single letter in the Supplier's name and trademarks it. Is this legal? [closed]
That’s what happened to our jewelry-maker cooperative!
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Can two legal complaints be combined in one lawsuit? How does that work? [closed]
Our craftswomens cooperative would sue under Chapter 2741 of the Ohio Revised Code (ORC)
prohibiting use of an individual's "persona" for "commercial purposes" without written ...
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Dealing with expert opinions
Every Economist who is consistent with their discipline subscribes to
the subjective theory of value; how does a Judge who wants to be
consistent with Economics and coincidentally also is a B.A in
...
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If a business is sold, does that mean the owner(s) get off scot-free? [closed]
Definition of scot-free
: completely free from obligation, harm, or penalty.
When we informed our customer that we were selling below cost, the reply we received was a suspension of communications. ...
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Can possession of an asset be assumed in US civil court?
I'm wondering about what facts can be assumed in a civil court, or in different terms, is civil court more concerned about the exact argument between parties, rather than actual facts?
In Bitcoin news,...
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What does court of domicile mean?
I have found the phrase "court of domicile" in various contexts, and now I'm wondering if I'm right to assume that this means 'home' court for someone. For instance, in the following example,...
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What rights does one have to license their autobiography?
If any such right is based on a copy right theory, obviously, that would require first the writing of an autobiography. Is there a right that you may reserve relating to your story?
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What are the laws for trespass in Austria? [duplicate]
Bobbi, a national or equivalent of Austria, after admitted to enter, refuses to leave from public (government) premises of Austria at the close of business hours despite having been given due notice.
...
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What are the laws for trespassing in Germany?
Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice.
What laws and ...
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Could Hungary be ousted from the EU by member states leaving by Article 50?
Could the rest of the EU simply create a new entity and leave to resolve the autocratic problem Hungary creates and letting it be the “EU” with Poland?
Could they pre-sign agreements so they come into ...
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Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU?
The UK, for one, has a program which is probably a sort of remnant of its past EU membership where the government provides legal aid in European countries, (incl. EU, EEA and other countries) ...
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Does any other country, besides the US, employ something substantially different from the ‘loser pays’ system?
Although many of the jurisdictions that do employ the ‘loser pays’ system only do so up to certain limits, usually of modest amounts, nonetheless all the places I am familiar with have the expectation ...
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Action to take against UPS [closed]
I paid for UPS to deliver three parcels but they double charged me for that delivery.
UPS charged me twice for that shipment, and refused to respond to my emails and calls asking them to refund the ...
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Civil Case- Tricky Eviction
Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home.
Only problem is that this son has never ...
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Is it possible for lawyers defend you in a Civil-legal-system?
I have seen solicitors and in turn barristers defend people in Common Law jurisdictions, but from my understanding this should be much harder to do in a Civil-legal-system because it is so rigid.
I ...
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Do proponents of jury trials see it as a means to an end, or an end in itself? [closed]
Let me explain the question. In the U.S., it is common place to hear people express enthusiasm for the fact that many cases are determined by juries.
Such enthusiasm may be motivated by the efficiency/...
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What is Jurisprudence?
I am a Law Student in Greece trying to understand what Law is a what Jurisprudence is and what the jurisprudential method of thinking is.
What is Jurisprudence; what is its object of study, what are ...
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How large is the difference in the amount of reading needed to become familiar with the law in common vs civil law countries? [closed]
Common law relies more on previous rulings while civil law relies more on written code. Therefore, one would expect it takes more work to become familiar with the law in the former case.
Please ...
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How can we reconcile the fact that common law, relative to civil law, give judges more power in interpreting law but less power in guiding trials? [closed]
In common law, judge-made precedents are more important than in civil law where judges are supposed to stick more closely to the written code. Thus, one may say that judges are given more power in ...
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How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?
UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
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Is there any (which?) English speaking jurisdiction that uses a civil (continental) law system?
I am trying to develop an artificial legal reasoning system. I am using the English language for it, but I want/need to develop it (firsthand) for the civil/continental law system, not for the common ...
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Can I get sued for putting bleach in someone's drink?
I had a slushie order, and we were out of water. There was a bottle of clear liquid, which I mistook as water. I put in around 3 ounces. Later, My boss informed me that the clear liquid under the ...
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Must I honour a (non auction) sale on ebay
A buyer bought an item (buy it now) but were so rude to me I cancelled the sale. The buyer is threatening to sue for damages. Is this even possible?
I should add there were a number of other factors ...
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Strict liabilty
In a Civil Law legal system there is a distinction made.
Proper Strict Liability which is plainly Strict Liability as used in the English Language (guiltless liability/ liability regardless of guilt ...
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Liability and Responsibility what is the importance of the distinction in common Law
In Civil Law( legal system) there is no distinction between Liability and Responsibility.
One can only seek(judicially) the cessation of an illegal act if they have suffered damages.
One can only ...
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Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom
In Greece people are usually required by law to be represented by a lawyer in courts.
In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
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Bank manager withdrew funds from my account without my authority can I sue her and the bank
I deposited a large cashiers check payable to myself into my account this morning. I tried to buy eyeglasses but I only had $100.00 available in my account. I called the bank and the Mgr clms there’s ...
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Hotel charged me for damages, claimed I smoked in the room UK
I was going over my expenses and found a £200 charge from a hotel I stayed at over a month ago. I called to ask why, and they said that there was a "smell of smoke" and they "found something in the ...
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What is Legal Theory? I am asking for its concept, its definition by some Oxbridge or Ivy League Legal Dictionary
People talk about Legal Theory and I do not understand what it is. The Theory Part.
In Physics, Chemisty, Geology, Economy, Sociology... Theory is an explanation of a phenomenon( why it occurs and ...
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What's the difference between inquisitorial and adversarial systems?
This question was inspired by this answer while trying to learn the difference between common and civil law. Two questions:
What's the difference between an inquisitorial system and an adversarial ...
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Discovery questionaire in Fed Civ case
When both parties in a Federal Civil matter state they do not want a Magistrate Judge deciding the case, is that Magistrate still allowed to render an opinion? Additionally, is the Asst. U.S. Attorney ...
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Cutting grass of vacant house next to me
Am I able to send the city a bill for cutting the grass of the vacant house next to me? It's been condemned and was supposed to be torn down last June. I can't let the grass get too high because it ...
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