Civil law If Common Law has a long history, Civil Law has an even longer one: it dates back to 534 CE.
Civil law If Common Law has a long history, Civil Law has an even longer one: it dates back to 534 CE. Under the guidance of emperorJustinian, the Roman Empire codified one universal set of laws for the empire {a legal code], which became the basis of laws for the barbarian kingdoms that took its place in the middle ages. Eventually this tradition spread to include all of Continental Europe and their colonies, including Quebec. The settlers who came from France to the New World brought Civil Law with them in the form of the Custom of Doris, one set of mles which were to be followed to the letter. At the time, Civil Law followed a simple, efficient process called the inquisitorial method. Under this system, the accused was considered guilty unless proven innocent, and the presiding judge could end the trial at any time he or she felt there had been enough evidence. when this happens, the judge strictly follows the legal code to decide the outcome of the trial. But despite this, Civil Law has one great advantage over Common Law: all laws are contained in a legal code, written in simple language that most people can understand. Since the rights of the people and their property were written in the code, it made it easy for the people of Quebec to protect their rights, something they found difficult when the law was replaced with the British system. The disadvantage of MI law is that changes in society require changes to laws. Under the Custom of Paris, for example, divorce was illegal, pa rents had the right to take back land sold by their adult children, and lords were given special rights over their peasants. As time passed, Quebec found their medieval law code increasingly old fashioned, and in 1856 enacted a new C Code for the province. Heavily inspired by the 1804 Code Napoleon, the | Code contained just four books of law governing persons, property, property rights and commercial law. By the middle of the 20′” century, this law code was again out of date and was modified and then replaced entirely in the late 19805. The Civil Code of Quebec Today, Quebec is the only province in Canada that maintains Civil Law. Its 3,000 sections cover 10 major areas of private law from marriage to loans and are frequently updated. Judges are appointed the same as in the rest of Canada, and unlike the past, there is a presumption of innocence. The main difference is that judges are expected to determine the principles they should follow from the Code, then apply them to their cases without being bound by the decisions of higher courts. Public law, on the other hand, remains Federal law [such as the Criminal Code of Canada} and follows Common Law. Statute Law With greater transparency in the court system, judges have less power today than they did in colonial times. Today the ultimate power rests in the hands of Parliament, which has the power to enact new laws, or statutes, on any number of issues great or small. Judges must follow these laws to decide cases, and in some cases, to decide punishments: Bill (2—10 {2012}, for example, imposes a mandatory minimum sentence on several crimes. In this way, judges retain the power to interpret the law, but must follow the law as written in the code. This kind of Statute Law can be seen as a modern blend of the two legal systems Canada has followed.
Civil Law and Common Law: Check your understanding! 1) Common law is: a. Also called "Statute law." b. Found mainly in Europe, not North America. When judges are required to follow the law as written. d. When judges look at past judgments when deciding current ones. 2) Today, civil law is different from common law in that: a. Divorce is considered illegal. b. Judges are not bound by the decisions made by superior courts. c. The accused is considered guilty until proven innocent. d. The government has no say in how the law is enforced. 3) True or False: Common Law does not use a legal code. 4) True or False: Civil Law does not use legal precedents. 5) True or False: Common Law is also known as "Traditional Law" 6) True or False: Civil Law is where our rights and freedoms are defined. 7) Fill in the chart below comparing the two systems… Common Law Civil Law How a judgment is_ made Advantages of this system Disadvantages of this system Where this system is. practiced
8} In your opinion, which legal system is superior? Explain your answer. 9} How does the 1990 "Battered M’fe Defence” case show that Canada follows Common Law? 10] Describe two ways that Civil Law today is different from the Custom of Paris. 11] Do you think that Statute law is more similar to Common Law or Civil Law? Explain your answer.
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