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Friday, 15 March 2013

Types of legal systems



Types of legal systems:

Business environments in foreign countries also vary with the types of legal systems. Various types of legal
systems are described in the following;

Common law:

Common law based on cumulative wisdom of judges’ decisions on individual cases over time. Relevant
judgments of upper courts have bearings on lower court decisions.
Statutory law:
Statutory Laws enacted by legislative actions, i.e., through parliamentary proceedings
Civil law:
Civil law based on codification and detailed listings. Laws, their applications and penalties are all detailed and
judges have little flexibility compared with common based law systems.
Tort law:
Cover wrongful acts, damages, and injuries caused by an action other than breach of contract. In some
countries, like USA, judges make big awards for tortuous liabilities, while in many other countries courts are
reluctant to entertain big claims under tort.
Q. Differentiates between two types of legal system theocracy and bureaucracy law.
Religious law - (Theocracy):
When the cases are adjudicated based on religious knowledge and beliefs.Bureaucratic law:
When officials adjudicate cases, such as in communist countries. This results into lack of consistency,
predictability & appeal procedures

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