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Confused with system and types of law

Forums › ACCA Forums › ACCA LW Corporate and Business Law Forums › Confused with system and types of law

  • This topic has 4 replies, 2 voices, and was last updated 14 years ago by Shunmas.
Viewing 5 posts - 1 through 5 (of 5 total)
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  • December 19, 2010 at 3:51 am #47010
    heezay
    Member
    • Topics: 6
    • Replies: 8
    • ☆

    Anyone be kind enough to explain this question.

    Different types of system
    Common Law, Civil law and Sharia law

    Types of law
    Criminal law and Civil law

    I 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 individuals

    Civil Law coming up twice with 2 different meanings has got me abit confused

    December 19, 2010 at 5:07 am #75306
    Shunmas
    Member
    • Topics: 17
    • Replies: 87
    • ☆☆

    @heezay

    Quote:
    Civil Law coming up twice with 2 different meanings has got me abit confused

    Hello !

    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 law

    Common 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

    December 19, 2010 at 5:23 pm #75307
    heezay
    Member
    • Topics: 6
    • Replies: 8
    • ☆

    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

    December 19, 2010 at 6:38 pm #75308
    heezay
    Member
    • Topics: 6
    • Replies: 8
    • ☆

    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_law

    And 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_4003097

    December 20, 2010 at 1:15 pm #75309
    Shunmas
    Member
    • Topics: 17
    • Replies: 87
    • ☆☆

    @heezay

    I 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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