Key Terms
Definition
Directives requiring officials in the executive branch to perform their duties in a particular manner.
Origin
Developed in Europe; based on Roman and Napoleonic law.
Core principle
All legal rules are in one or more comprehensive legislative codes. The law is in the code, NOT in the cases.
Precedent
A judicial opinion that is considered legal authority for future cases involving the same or similar questions of law.
Where common law is used
England, United States, and former British colonies.
Also called
Code systems.
Napoleonic Code
Developed during Napoleon's reign for all of France; covered criminal law and procedure, non-criminal law and procedure,
Where civil law is used
Europe, Central and South America, Asia, Africa. Spread through French, German, Dutch, Spanish, and Portuguese coloniali
Communist/socialist legal systems
Have a code but most property is owned by the government or agricultural cooperatives; judiciary is subservient to the C
Source
Sacred texts of religious traditions; applies to all aspects of life including social and business relations.
Most widely used religious legal system
Islamic legal system (Sharia) with Islamic jurisprudence (Fiqh).
Used by
Monarchies and tribes.
Challenge
The ruler is seen as "above the law" — laws do not apply equally to the ruler and subjects.
Social norms
Informal rules that govern behavior in groups and societies. Violating them may bring negative social or professional co
Law
Violating law carries penalties — civil liability, fines, or loss of liberty. Obedience to law is compelled under threat