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Anyone be kind enough to explain this question.
Different types of system
Common Law, Civil law and Sharia lawTypes of law
Criminal law and Civil lawI understand that Common, Civil and Sharia Law are 3 different systems used, but then the exact name ‘civil law’ comes up in ‘types of law’ with a different definition of disputes about the rights and obligation of persons.
Am I correct in thinking that this means there are 3 different systems used, and contained within them are then the 2 different types of law
Criminal Law – Againt the state or government
Civil Law – Between individualsCivil Law coming up twice with 2 different meanings has got me abit confused
Quote:Civil Law coming up twice with 2 different meanings has got me abit confusedHello !
The first thing you should note is that there are 3 types of systems.
Civil law – between individuals
Criminal law – to regulate behaviour in society by the threat of punishment
Sharia law – the Islamic lawCommon law – is Case Law or Substantive Law or Procedural Rules that have been created by the judiciary through the decisions in the cases they have heard. It is also referred to as common law.
HTH
Thanks Shunmas Beeablo
I am yet still confused matching it up with the books as the 3 systems you define is different to what is defined in the BPP text books, they define 3 systems as being Common, Civil and Sharia. Types of of law being Criminal and Civil Law. From what you explain above seem to show 4 different system?? Civil, Criminal, Sharia and Common.
I am understanding the definition but not understanding how 3 different “systems” and the “types of law” connect up with each other
Hi Shunmas Beeablo
As a point of discussion in ref to your answer. The research I am doing does not match what you have said as I am also now finding that within the England and Wales which uses a common law system, contained within it is civil law and criminal law?? Which makes me think that there are 3 different legal systems (Common, Civil and Sharia) and not as you described(criminal, civil and sharia) as a point of discussion, correct me if am wrong I would like to know.
Then contained with them are (Criminal law and Civil Law)
I will provide you the reference of my research:
States England and Wales using a “Common Law system”
https://en.wikipedia.org/wiki/English_lawAnd then contained within that “Common Law system” is then the diferent types of law (Criminal and Civil)
https://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Thejudicialsystem/DG_4003097I will ask you a few questions:
In case of a murder, do judges follow what happened in some previous murder and what was the punishment ? No, it may be different, e.g. 12 years, 20 years, etc. (depends on the circumstances of each case)
But some criminal cases such as fraud by directors, insider dealings, etc. have pre-defined punishments.
In such circumstances, it is part of the common law (including criminal law).
If Mr. A is drinking a soft drink and finds that there is a decomposed snail in the drink, the case would be dealt under the authority of Stevenson v Donoghue, which is also a case law.
And the principle that Mr. A can now sue the manufacturer comes under the shadow of common law [Individual v Individual (hence civil law)]
I would suggest you not to juggle with different sources, such as wikipedia and other government websites.
If you are not clear (still), please mention @mikelittle.
HTH
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