Week 1 - Legal Systems & Sources of the Law

Question 1

What is the law?

Answer 1

Law is a system of rules that a particular country or community recognises as regulating the actions of its members, which it may enforce by imposing penalties or sanctions.

Question 2

What is a legal system?

Answer 2

A legal system is a procedure or process for interpreting and enforcing the law.

Question 3

Describe a common law system.

Answer 3

A purely common law system is created by the judiciary, as the law comes from case law rather than statute. A common law system has a strong focus on judicial precedent.

Question 4

Describe a civil law system.

Answer 4

A pure civil law system is governed by statutes rather than by case law.

Question 5

What are legal formants?

Answer 5

Legal formants are all elements that constitute the ‘living law’ of a country. (Prof. Rodolfo Sacco)

Question 6

What are the three different legal formants?

Answer 6

• Legislation or Statutory Law
• Case Law or Judgements
• Scholars’ Opinions

Question 7

What is the difference between criminal law & private law?

Answer 7

• Criminal law is concerned with protecting the values of societies.
• Private law is concerns legal relations between persons. It deals with persons, property, obligations & liability.