Legal System
The legal system refers to the framework of rules, institutions, and processes that are established by a society to regulate behavior, enforce laws, and resolve disputes. It encompasses various components such as legislation, courts, law enforcement, and legal professionals, all working together to uphold justice and maintain order within a society.
8 Key excerpts on "Legal System"
eBook - ePub- Natalie Persadie, Rajendra Ramlogan(Authors)
- 2015(Publication Date)
- Routledge-Cavendish(Publisher)
...Chapter 1 Introduction to Legal Systems Reproduced with the permission of Stu’s Views The rule of law Law is a social phenomenon. It has grown into an essential principle of social organisation in Western civilisations as a result of the historicity of those societies. 1 Law functions as the formal machinery for creating and maintaining social order, as seen in the Western world. All societies possess some degree of order which allows for sustained social interaction within a period of time. The form of order which exists depends on the particular society and the perceived needs of that society. Political, historical and moral characteristics of a society also assist in shaping that form of order. According to Sinha, law is a composite of three components: rules of law (mental), attitudes (psychological) and external aspects (behaviour). It is these three components which shape law in any given society; however, the question begs itself, how does law maintain social order? Law prescribes what acceptable social conduct for any given society is and punishes deviant behaviour which results in conflict or disorder. There are established institutions and procedures through which the law operates in civil and criminal issues to return a society to its status quo of social normalcy. The constitutional and administrative law of the United Kingdom has long respected a number of values, many of which are encapsulated in the concept of the rule of law: checks against arbitrary power; democracy through universal suffrage and regular elections; representative and accountable government; individual freedom; fair procedures; and judicial independence. 2 The intricately woven interrelationship between government and the law is reflected in the concepts postulated by the rule of law. The notion itself is fluid and lends itself to a wide range of interpretations...
eBook - ePub- Ryan Murphy, Frances Burton(Authors)
- 2020(Publication Date)
- Routledge(Publisher)
...In much the same way as a definition of ‘law’ is difficult to settle upon, the term ‘Legal System’ is equally flexible and can mean different things in different contexts to different people. This textbook adopts a particularly broad understanding of the concept of ‘Legal System’ as being the collection of sovereign processes and institutions that govern the creation, enforcement and interpretation of the law and legal rules of a particular body or state. The Legal System is the way in which the process of law is managed, moderated and controlled. Whilst Legal Systems are most readily associated with countries or states – indeed this is a textbook about the Legal System of England and Wales – it is also true that Legal Systems can be created as between groups of countries. In this way Legal Systems can also overlap and interact. Making connections – the European Union +++++++++++++++++++++++++++++++++++ The European Union is a good example of an international organisation that has a developed and sophisticated Legal System that sits both outside and as part of the legal heritage of its 27 54 Member States. This Legal System – which has processes for the creation and enforcement of laws by independent institutions – was created through the pooling of the sovereignty of its members. 54 Formerly 28 members before the UK departed. In the seminal Costa 55 case, the Court of Justice of the European Union articulated its own understanding of the Legal System of the EU in terms of its key features and the source of its legitimacy...
eBook - ePub- Landsberg C, S Graham, Landsberg C, S Graham(Authors)
- 2017(Publication Date)
- Van Schaik Publishers(Publisher)
...Today, there is no question that, in the application of a rule of law to an actual case, the courts do have a law-making function (Shapiro, 1975: 342ff). This function is, however, limited and is not as comprehensive as that of the legislature. The courts make laws mainly by their interpretation and application of existing rules of law, whereas the legislature makes laws by amending or replacing existing laws and by making new laws (Rautenbach, 2012: 163). Application of the law by the courts also differs from its application by the executive. The executive, which must execute the laws made by the legislature and, in the process, must also interpret and apply the law, is always a party to the relationships to which it applies the law and to the disputes that arise therefrom. By contrast, the courts are never a party to any dispute they are called upon to resolve (Rautenbach, 2012: 163–164). 4.4 The Legal System 4.4.1 Historical background It has been mentioned that every state has a unique Legal System. A Legal System develops over time and one of the determining factors, therefore, in the nature of a Legal System is its historical background. The peculiarities of the South African Legal System can largely be attributed to our particular legal and political history. Although the South African Legal System forms part of the Western legal traditions, distinctive historical and other factors led to the development of a unique Legal System within that legal tradition. A legal tradition can be defined broadly as a family of Legal Systems displaying similarities in respect of historical development, theories, sources, methodology, key legal concepts and legal institutions (Katz, 1986: 2; David & Brierly, 1985: 20; Glendon, Gordon & Osakwe, 1982: 4–5). The three major Western legal traditions are the civil law tradition of the European continent, which stems from Roman law, the Anglo-American common law tradition, and the socialist legal tradition...
eBook - ePubAmerican Civilization
An Introduction
- David Mauk, Alf Tomas Tønnessen, John Oakland(Authors)
- 2021(Publication Date)
- Routledge(Publisher)
...Chapter 9 The Legal System Legal history The sources of US law The court system Federal and state court proceedings The legal profession Crime and punishment Attitudes to the Legal System Exercises Further reading Websites In her speech accepting the nomination as a Supreme Court justice in September 2020, judge Amy Coney Barrett proclaimed: “A judge must apply the law as written.” In saying so, she invoked the view of her mentor – the late Justice Antonin Scalia, who died in 2016 – and advocated the idea of “original intent.” Barrett and Scalia believe that judges should interpret what the founders meant in 1787 rather than interpret law in light of the development of society in the last 200 years. Liberals, by contrast, often argue that it is important to take the development of society into consideration and read the Constitution as a flexible document. This was a rationale behind the famous Brown v. Board of Education decision in 1954, which declared segregation of public schools unconstitutional. This chapter examines the historical development of the US Legal System, describes the court apparatus and federal and state court proceedings, considers the role of the legal profession, comments upon crime and punishment and concludes with attitudes to the Legal System. For practical purposes, this system consists of judges and lawyers who serve in independent state and federal courts, which are concerned with two main types of law (civil law and criminal law). The individual cases dealt with by the courts and other institutions are accordingly classified as either civil or criminal. Civil law involves claims for compensation (often financial) by individuals (or groups) who have suffered loss or damage through the acts of others. Domestic actions (divorce, children, and custody), automobile accidents, personal injury cases, libel and corporate matters are the main civil actions...
eBook - ePubSchool Law for K-12 Educators
Concepts and Cases
- Frank D. Aquila(Author)
- 2007(Publication Date)
- SAGE Publications, Inc(Publisher)
...Introduction to the Legal System and Legal Research OVERVIEW OF THE Legal System The heart of the body of knowledge commonly identified as education or school law is statutory and case law. The material included in this book, whether case briefs, outlines, or textbook/treatise reference information, provides a summary of the most important aspects of the law regarding education. Statutory law is made up of criminal and civil laws, or statutes. Statutes are enacted by a governmental body authorized to pass such laws. For example, Congress enacts federal statutes; state legislatures enact state statutes; and local elected bodies, such as city councils, enact municipal ordinances. Case law refers to the body of written decisions that have been rendered at the conclusion of lawsuits, or cases, that come before various courts. Two types of courts with which you will need to be familiar are trial courts and appellate courts. A trial court renders two types of decisions: decisions based on law and decisions with respect to facts. Trial court decisions made on the basis of law are usually made by a judge; a jury makes findings of fact. An appellate court generally reviews the decisions of trial courts in order to determine whether proper procedures were followed and whether the correct law was applied. Usually, only appellate courts render decisions that, when published, become case law. Another way to categorize courts is by the nature of the disputes that particular courts consider. In civil law, legal disputes arising between two or more parties usually occur in a particular state or are based on state law principles. Such suits are properly filed in state courts. On the other hand, matters that arise in or involve more than one state (diversity jurisdiction) or that specifically involve the federal government, federal laws, or federal constitutional issues are filed in federal courts. In the state court system, a case is first heard by a trial court...
eBook - ePub- Tom Craig, David Campbell(Authors)
- 2012(Publication Date)
- Routledge(Publisher)
...The Legal Environment DOI: 10.4324/9780080454603-14 Learning Objectives After studying this chapter, students should be able to describe: the nature of law and legal rules; the nature of and difference between civil law and criminal law; the nature of and difference between common law and statute law; the purpose and structure of the British and European Union(EU) judiciaries; the types of EU law and the EU legislative process; the key areas of business law and the relevant legislation. 14.1 What is Law? When we consider how legal matters affect businesses and other organisations, we should consider it to be essentially a part of the political environment. However, its complexities and importance necessitate a more detailed discussion. This is the objective of this chapter. Definition and Purpose of Law A System of Rules In any society, the complex interrelationships between legally responsible parties, such as people and companies, need to be regulated. It is generally understood that limits must be placed upon activities to prevent miscreants and other irresponsible people from abusing their freedom in a democratic state. Such acceptation leads to the enforcement of ‘rules’. However, not all rules carry the same weight. A distinction needs to be drawn between legal rules and other types of rules. We sometimes use the term ‘rules’ to describe norms of behaviour in society. We may consider ourselves to be breaking ‘social rules’ if we act in an antisocial manner, such as dressing in an unconventional way, or if we are rude or insulting to others. Within organisations, rules are imposed to facilitate normal functioning and may take the form of rigid procedures and limits of behaviour, such as a rule that receipts must be provided to support all expense claims. Legal rules are different from social and other rules. They are characterised by the fact that they are enforceable by the judiciary which acts on behalf of the state...
eBook - ePub- Stephen J. Spurr(Author)
- 2019(Publication Date)
- Routledge(Publisher)
...3 Introduction to the Legal System This chapter introduces some legal terminology that is used throughout the text, and some basic features of the Legal System. At the same time we will show how economic analysis can be used to explain these features, which might otherwise seem completely arbitrary. We first consider the different stages and different possible outcomes of a lawsuit (a civil action). We examine the doctrine of precedent, how a lawsuit may create a precedent, and the body of all precedents, which is known as the common law. We also consider an economic analysis of the doctrine of precedent developed by Landes and Posner. There are substantial differences in the burden of proof applicable to different legal controversies. We consider an economic explanation for these differences, to illustrate how economics is used to analyze procedural issues. Finally, we consider the design of the U.S. Constitution. The founders believed that, to provide a legal foundation for the nation’s economic growth and development, the Constitution had to depart from the scheme of the Articles of Confederation, by transferring vast governmental powers from the states to the federal government. At the same time, the founders thought it imperative to ensure that this transfer of power would not lead to an undue concentration, or (in economic terms) a monopoly, of power in the central government. Accordingly, many provisions of the Constitution were designed to prevent that outcome. We will analyze the sections of the Constitution that are intended to thwart the acquisition of a monopoly of governmental power. We also examine the division of powers between the federal government and the states, including their respective courts. Although the specific institutional features we describe are those of the U.S. Legal System, the issues that arise apply to any Legal System. Litigation and the court system A lawsuit is called an “action” by lawyers...
eBook - ePubCriminal Justice Theory
An Introduction
- Roger Hopkins Burke(Author)
- 2013(Publication Date)
- Routledge(Publisher)
...A rightward shift in criminal justice policy has thus occurred with considerable support from a very fearful general public (Hopkins Burke, 2004a) and these are important issues which require consideration in the ambiguous context of international law and human rights. International Law International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with each other and differs from other Legal Systems in that it primarily concerns provinces rather than private citizens and can be used to refer to three distinct legal disciplines. First, public international law governs the relationship between provinces and international entities, either as an individual or as a group, and includes specific legal areas such as treaty law, law of sea, international criminal law and international humanitarian law. Second, private international law, or conflict of laws, addresses the questions of (1) in which legal jurisdiction a case may be heard and (2) which jurisdiction(s) apply to the issues in the case. Third, supranational law, or the law of supranational organisations, concerns regional agreements where the laws of nation-states are held inapplicable when conflicting with a supranational Legal System. The sources of international law are the materials and processes out of which the rules and principles regulating the international community have developed and these have been influenced by a range of political and legal theories...
