UNIT 1.

WORLD MAJOR LEGAL SYSTEMS (11група/Власов Олександр)

“The life of law has not been logic,

It has been experience.”

(Chief Justice O. W. Holmes)

Task 1. Dwell on the following questions:

1)The point at which each person begins to think about the legal implications of their day-to-day
activities can vary greatly. For many people, awareness of the impact of the law begins at a young age,
such as when they learn the consequences of breaking a rule or law at home or at school. However, as
the individual matures and the situation becomes more complex, a more comprehensive understanding
of the legal system usually develops. This may include entering into contracts, handling employment
matters, purchasing real estate, and engaging in other activities that require legal considerations.

2)Due to the influence of historical, cultural and legal factors, the dispute resolution methods of different
developed countries are different. In the United States, the prevalence of precisely written contracts, the
availability of legal professionals, and a well-established court system facilitate the legal resolution of
disputes. In contrast, Japanese cultural norms and traditions tend to prioritize informal dispute
resolution methods such as mediation and negotiation over resorting to formal legal procedures.These
differences may stem from cultural values, trust in the legal system, and the historical development of
the legal system.

3)Legal systems vary in their effectiveness at reaching agreements across social, economic and
international barriers. Factors that influence the effectiveness of the legal system In certain instances,
the legal system may function efficiently, while in others, disputes can become protracted and intricate
because of disparities in culture, law, or politics.

4)Governments have different incentives when drafting and enforcing laws. These include:

National Security: Laws are used to safeguard national security and protect against threats, such as
terrorism, espionage, and cyberattacks.

Protecting Rights: The law protects individual rights such as free speech, property rights, and a fair trial.
They ensure that citizens' rights are protected and provide a framework for seeking redress for rights
violations.

Regulating Commerce: Governments create laws to regulate economic activities, ensuring fair
competition, protecting consumers, and fostering economic growth.

Task 2

A)
Codes of law - 5

Roman law of Justinian- 2

Customary law - 4

Accusatory -7

Primary source of law - 6

Pumption of innocence -7

European Convention on Human Rights - 7

Task3

1)The basic distinctions between the two major legal systems are

Common Law and Civil Law

2)The style of legal reasoning in Common Law implies

Drawing abstract rules from specific cases.

3)Common Law is a product of

Judicial power
4)Case becomes a precedent when

A court decides a case and records its decision in a written opinion

5)Codified legal systems as distinct from non-codified are based on

legislative acts

6)Continental systems are known as codified because

They have resulted from attempts made by governments to produce a set of codes to govern every legal
aspect of a citizen’s life.

7)The inquisitorial system of adjudication presupposes

The responsibility for supervising the investigation by the police falls on an examining magistrate or
judge who then conducts the trial

8)The concept of the presumption of innocence means

A defendant is considered free of wrongdoing until proven guilty on the basis of evidence
9)The role of lawyers in Common Law is different from that of lawyers in Civil Law

In Common Law, lawyers engage in adversarial approaches to present evidence and arguments.

10)The role of the judge in Common Law differs from that of the judge in Civil Law

In Common Law, judges act as neutral referees and arbiters of the law.

11)The methodological approach to codes and statutes in Common Law consists in

Statutes being seen as incursions into the common law, and therefore interpreted narrowly.

12)The methodological approach to codes and statutes in Civil Law lies in

Legislation being seen as the primary source of law.

13)The adversarial system presupposes

The truth is more likely to emerge from the open contest between the prosecution and the defense

14)The European Convention on Human Rights ensures

fair trial and the presumption of innocence.

Task 4
Common Law:

System basic characteristic - B

Style of legal reasoning - D

Legal principles - H

Role of the judge - J

Civil Law:

System basic characteristic - A

Style of legal reasoning - C

Legal principles - I

Role of the judge - K

1)Reliance on precedent is considered the hallmark and strength of the common law because it provides
consistency, predictability, and fairness in legal decision-making. Precedent allows the development of
legal principles and rules based on real cases It ensures that similar cases are treated equally and
prevents arbitrary decisions.

2)The effectiveness of deductive or inductive reasoning in judicial decision-making may depend on the
circumstances. Deductive reasoning that draws conclusions from general principles may be more
effective when clear, well-established legal rules apply.

3)Civil law appears to be more flexible and adaptable to changing social conditions .In contrast, common
law relies heavily on precedent and may require more time and cases to adapt to changing social
conditions.

4)The desire to prevail in an adversarial dispute resolution system may sometimes outweigh the search
for the truth. In an adversarial system, the attorney is the client's advocate and may prioritize winning
the case over uncovering the absolute truth.

5)In an inquisitorial system, the concentration of power in the hands of a single judge can be both a
strength and a weakness. On the one hand, this ensures that the investigation is thorough and impartial.
On the other hand, it may raise concerns about possible bias or a lack of checks and balances.

6)The presumption of innocence is a legal principle that treats a defendant as innocent of wrongdoing
until evidence proves his or her guilt. This means that the prosecutor has the burden of proof and the
defendant does not have to prove his or her innocence.

7)The fairness or bias of a legal system depends on a variety of factors, including the way it is
implemented and the country's legal culture.

8)The trend towards further development of the two legal systems is likely to bring about a degree of
convergence as countries exchange legal concepts and principles. International conventions and treaties
and globalization can promote some convergence. However, both systems have deep-rooted traditions
and full integration is unlikely.

9)The trend towards further development of the two legal systems is likely to bring about a degree of
convergence as countries exchange legal concepts and principles. International conventions and treaties
and globalization can promote some convergence.

Task 6

Civil Law Common Law

Definition- a b

Case filed-b b

Type of punishment- b a

Type of Defense-b a

Burden of proof -a b
 Task 7

Law of contact - c

Law Of Tort - a

Law of Property - e

Law Of Succesion- b

Family Law - d

Task 8

1)с
2) b
3)a
Task 9

“The more laws, the less justice.” (Marcus Tullius Cicero, ancient Roman lawyer, writer, scholar, orator
and statesman, 106 BC -43 BC)

Justice is a fundamental concept that underpins the functioning of societies. Laws are often seen as the
primary means to promote justice and ensure that individuals are treated fairly. However, the
relationship between laws and justice is complex and multifaceted. While laws can be a powerful tool for
promoting justice, they can also be used to perpetuate injustices and undermine fairness.

In conclusion, the relationship between laws and justice is complex, and laws can both promote and
undermine justice.