MGMT 3100 Chapter Notes - Chapter 2: Substantive Law, Feudalism, Procedural Law
17 Jul 2016
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Public law: constitutional law, criminal law, taxation. Each of these categories are further subdivided into topics. Substantive law: the rights and duties that each person has in society. Ex. right to vote, enter contracts, sell property etc. Procedural law: rules that deal with how substantive rights and duties may be enforced. Two major systems of law developed in western europe. Civil law: the system of law involving a comprehensive legislated code, derived from roman law that developed in continental europe and greatly influenced by the code of napoleon of 1804. Requires that all law be collected into a consolidated body of legislation know as the civil code. Code is considered far more important than any case decision. Court always refers to code to settle dispute. If code doesn"t cover problem, court is free to reason by analogy. Later court need not follow earlier reasoning in similar case.
