UNIT 1: THE LEGAL SYSTEMS 1.1. Introduction to Legal Systems

UNIT 1: THE LEGAL SYSTEMS

1.1. Introduction to Legal Systems

A. The Two Main Legal Families: Civil Law vs. Common Law

For law students trained in Turkey, understanding the distinction between Civil Law and Common Law is the first step in mastering Legal English. While Turkey follows the Civil Law tradition (Continental Law), English-speaking jurisdictions such as the United Kingdom and the United States follow the Common Law tradition.

1. Civil Law (The Codified System)

Derived from Roman law (Corpus Juris Civilis). The primary source of law is a comprehensive code enacted by a legislature.

• Role of Judge: Investigator. Applies the code's provisions.
• Reasoning: Deductive (from general principles to specific solution).

2. Common Law (The Case Law System)

Originated in England (1066). Based on customs and court decisions rather than a single written code.

• Role of Judge: Creative. Interprets law and creates new rules (precedents).
• Reasoning: Inductive (from specific past decisions to general principles).

Key Difference: In Common Law, the law is found in the "recorded wisdom" of previous judges, whereas in Civil Law, the law is found in the codes.

B. Sources of Law in the Common Law System

In the Anglo-American legal system, there are three primary sources of law:

1. Statutes (Statutory Law): Written laws enacted by a legislative body (Parliament/Congress). Even in Common Law, statutes are supreme.
   Examples: Sale of Goods Act, Uniform Commercial Code.
2. Case Law (Judge-Made Law): Law created by judges through written opinions. Decisions of higher courts become models for future cases.
3. Equity: Developed to mitigate the harshness of Common Law. Provides remedies like injunctions or specific performance when money is not enough. If conflicted, Equity prevails.

C. Vocabulary Focus

Codified Law: Law collected and organized into a systematic code.

Statute: Formal written law enacted by a legislative body (also called legislation or Act).

Precedent: A judicial decision that serves as a rule for future cases.

Stare Decisis: "To stand by things decided." The doctrine obligating judges to follow precedents.

D. Practice Exercises

Exercise 1: Matching

Match the term on the left with the correct definition on the right.

1. Common Law   Select... A. System based on Roman law & codes B. Written law by legislative body C. System based on custom & court rulings D. Law founded on fairness (injunctions)

2. Civil Law         Select... A. System based on Roman law & codes B. Written law by legislative body C. System based on custom & court rulings D. Law founded on fairness (injunctions)

3. Statute            Select... A. System based on Roman law & codes B. Written law by legislative body C. System based on custom & court rulings D. Law founded on fairness (injunctions)

4. Equity             Select... A. System based on Roman law & codes B. Written law by legislative body C. System based on custom & court rulings D. Law founded on fairness (injunctions)

Exercise 2: True or False

1. In a Common Law system, judges primarily rely on codes to make decisions.

True False

2. Stare decisis means that courts must follow the rules established by higher courts.

True False

3. Statutory law is created by judges in the courtroom.

True False

4. The concept of Equity was developed to make the Common Law more flexible.

True False

Exercise 3: Gap Fill

Complete the sentences using: precedent, deductive, inductive, codified.

1. Civil Law judges typically use reasoning, moving from general principles to specific cases.

2. Common Law judges use reasoning, deriving rules from specific past cases.

3. When a court makes a decision that establishes a principle for future cases, this is called a .

4. Unlike the US or UK, Turkey has a legal system.

Exercise 1: 1-C, 2-A, 3-B, 4-D.

Exercise 2: 1-False, 2-True, 3-False, 4-True.

Exercise 3: 1-Deductive, 2-Inductive, 3-Precedent, 4-Codified.