Countries where type of law is dominant
Characteristics
How Disputes are Settled
How Cases are Handled
Civil law
South America, South Korea and Japan
Relies primarily on written, detailed codes, or collections,
of law that can trace their origin to Ancient Rome.
The judges have little discretion as regards changing the law.
Disputes are resolved between the disputing parties, failure to which an elders are used to resolve the disputes
A judge works with a prosecutor to compile a written document on a case and other judges read the dossier and base their judgment on its content. Witnesses are also requested to give their accounts of the case before judgment is passed
Common law
Great Britain, US, Canada and Australia
Came into being in Ancient England.
Resulted from the judges decided cases or case law.
Common law relies on judicial precedence in decision making.
No single state in the present world relies entirely on common law
Before the common law, disputes were resolved at the place where it has occurred and by the noble on whose land the dispute occurred. With the common law, disputes were now resolved at the common law courts
Judges decided cases according to the principles of understanding of the customs that were held by the British over the years. This was according to the customs that the British had long held. Rulings from previous similar cases was used to decide the present case in what was later known as judicial precedence
Theocratic law
Israel, Egypt, Pakistan, Syria, Jordan
Its religious or sacred law,
Compliance to this law is mostly voluntary and not through coercion. Most of the judgments and punishments are considered barbaric and draconian in modern society.
Disputes are resolved between the disputing parties and if that is not possible, then an arbitrator is called in
Depending on the nature of case, the Koran proposes the punishment that should be meted on the offender, for instance in the Islamic dominant countries, the kadhi courts are used
Socialist law
USSR,China,N.Korea, Cuba and Vietnam
In these states, the law is controversial as everything belongs to the government. Most governments have very strict penalties and especially the death penalty
Disputes are civil cases and are decided by the locally appointed leaders
Judgment is through the courts who decide the appropriate punishment. In most cases, each offence carries a particular penalty with the heaviest being the death penalty
Traditional law
Philippines, African Nations
Generally unwritten
Are stand alone, different nations practice different customary laws.
Must meet certain conditions before they apply in court.
Disputes are decided by the village heads and chiefs who form part of the local governments
A case is decided on the merit of the applicability of the particular customary law otherwise its dismissed for lack of legal background
