LAW 204 Chapter Notes - Chapter 2: Private Law, Primary And Secondary Legislation, Intestacy
9 Mar 2021
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Two legal systems: civil law and common law. Regions of the world under each system: two european systems of law developed and spread through the parts of the world colonized by european nations, the older of the two systems is the civil law system. It covers continental europe, scotland, much of africa, and the whole of south and. If the code does not seem to cover a new problem, then the court is free to reason by analogy to settle the problem from general principles in the code. Certainty versus flexibility: the latin phrase stare decisis, meaning to stand by a previous decision defines the theory of precedent. Decisions of lower courts have influential value only: precedents bind only the exact same circumstances. No two sets of facts are identical in every respect- even when the same parties are involved, the time must be different. Judges can distinguish the current case from an earlier precedent by dwelling upon factual differences.
