Академический Документы
Профессиональный Документы
Культура Документы
Characteristics and
Institutions
Maria Cecilia Garca Novillo
Clara Latorre Molina
Marta Martnez Albaladejo
Matas Valiente Egea
Introduction
Features
-
advicers
Public service
Gaius: Institutes 161 B.C
Corpus Juris Civilis non exemplis sed legibus
judicandum est (6th Century)
Refinement of Gaius Institutes + the Digest +
the Code + the Novels
Medieval Developments
Changes in commerce
The Glossators of Bologna features
Evolution: jurists as teachers
The gloss technique: changes made in the
Canon Law
Influences leading to a
Codification
Process
Practice of written laws spreads during the
fourteenth
Humanism
- origins in France.
- ferment of ideas.
- birth of the concept of the nation state and
strong
central governments.
Natural law
- Hugo de Groot
* writings about universal concept of law that
would transcend national boundaries and be
independent from
other systems of law.
Enlightenment
- French Revolution.
- Importance of reason as a liberating force in
intellectual life.
- Influence of legal philosophy.
- Egalitarian ideals.
Chile
Brazil
Court Structure
Differences Common Law Civil Law
Common-law judicial
system
Civil-law judicial system
Ordinary Courts
Legal Process
Civil procedure
- Public proceedings, controlled by the parties
judge
conducted in writing
judge
- Civil process
lawyers article of proof
opposing
counsel
witness questioned at a later hearing
judge
supervises evidences
prepares a summary
delivers
no dramatic trials
- Diferences from Common Law trials
absence of civil
jury
Judges: fact-finding process
Criminal procedure
- Three phases: collect evidences
1. Investigative
warrant formal charges
2.Examining
complete and review
3. Trial
proceed to trial
Appellate procedure facts
- Intermediate appellate review
- Supreme court
only law
Court of Cassation
law
Legal Actors
Legal Scholars basic thinking
The Legislature supplement and update codes
Judges operators with a simple and narrow role
Legal Education and Lawyers
Comparison of Civil-Law
and Common-Law
Corpus Juris (I)
Systems
Civilis influence
- Civil-Law significant
- Common-Law modest
Codification Process
- Civil-Law comprehensive codes from single
drafting
event.
- Common-Law codes reflecting rules of
enunciated
judicial decisions.
Comparison of Civil-Law
and Common-Law
Equity law (no comparable law)
Systems
(II)
- Civil-Law originated in Rome to be applied
to
non-Roman peoples
- Common-Law originated in England to
soften the
rigor of Common-Law
- Civil-Law negligible
- Common-Law supreme prominence
- Civil-Law Deductive
- Common-Law Inductive
Structure of Courts
- Civil-Law Integrated Court system
- Common-Law Specialty Court system
Trial process
- Civil-Law Extended process
- Common-Law Single-event trial
Comparison of Civil-Law
and
Common-Law
Judges
- Role in trials. (IV)
Systems
- Civil-Law undergraduate
- Common-Law post-graduate
Civil process
Questions
1. Why were glossators called that way?
2.In what language was first published Consolato Del
Mare?
3. Which are the two schools of thoughts which
Questions
5. In the civil procedure, is the judge involved in
procedure?
7. Write two diferences between the Common-law