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Hi Mike,
I am hoping that you maybe able to help me to explain the connection between systems and types of law in laymens term. I have almost spent one week on the first chapter in the syllabus and utterly confused by all the different anwers I am getting from all the different sources.
The problem I have is this,
BPP, Kaplan and other online tutorials indicate quite specifically that there are
1. 3 different “systems” of law…….
Common, Civil and Sharia LawMy understanding of this is that is a type of system “methodoligies” of law a given country or state may choose to operate under….I understand
2. Then it moves onto to distinguishing the definitions and differences of types of law
Criminal Law – For crime prohibited by the the law
Civil Law – Disputes between individualsNow this is where I get confused as there was 2 definitions of civil law but will explain what I had been led to believe……
My understanding of this is that once a given state or country has decided which system of law to operate under e.g (Common, Civil or Sharia), in the context of types of law, you then are faced with two types of situation “law” within that chosen system, criminal cases and civil cases, one for crime and one for individuals disputes.
I have never done law in my life but is my understanding correct??
Why I ask, as I do not seem to find any references anywhere of (Types of law : Criminal law “Crimes Commited” and Civil Law “Individual Disputes”) in the two systems of Civil Law or Sharia Law. Or are they called something different in the two remaining systems or have I got the whole concept wrong.
I apologise if this question is in great length, but I am sure someone of your knowledge maybe able to answer this question much simpler and clearer of my own misconceptions or misunderstandings of the way Systems and Types of law operate.
Hope to hear from you asap
thankstutors are now on holidays,
so it may take some time to get the answer I am afraidHi
English Law ONLY!!! Civil law and criminal law are a big split – and criminal law is not in your syllabus ( except for insider dealing, money laundering and proceeds of crime act )
Criminal law is most easily described as “an offence against society” whereas civil law is easily described as “an offnce against an individual”
A single act MAY be both – for example, throwing acid into someone’s face – it’s both an offence against the person ( civil ) and an act against society ( criminal )
Common law ( as distinct from equity law ) is the law which devolved out of the commonisation process within the development of the English legal system following the invasion of England by William of Burgundy in 1066.
Incidentally, equity law grew “out of necessity” because the common law development highlighted deficiencies which were remedied by the Chancellor who developed equity law ( we’re back in the 16th century here! )
Common law and equity law are the two basic building blocks of civil law.
As for Sharia law ……. ( I’m a novice here! ) this seems to be based upon the thinkings of the prophet Mohammed and the five separate schools who have variously interpreted the Quran. It seems to me that Sharia law encompasses both civil and criminal law – but I could be wrong.
I hope that that helps
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