Legal Practice
Understanding Legal Systems and Their Components
Introduction
This presentation explores the fundamentals of legal
systems, focusing on the definition of law, types, and
their branches.
01
Legal Systems
Definition of Law
Law refers to a set of rules and guidelines that are
enforced through social institutions to govern behavior.
Laws are created to regulate various activities and
ensure justice and order within a society. They are
codified in legal documents and consist of statutes,
regulations, and case law that dictate how rights and
obligations are understood and enforced.
Branches of Law
Law is typically divided into several branches, including
civil law, which addresses non-criminal disputes;
criminal law, which involves prosecution for crimes;
administrative law, regulating government agencies;
and constitutional law, which deals with the
interpretation of the constitution. Each branch has its
specific areas of focus and functions to maintain
societal order.
Judicial System
The judicial system is the framework of courts and
judges that interprets and applies the law. It is
essential for resolving disputes, protecting rights,
and enforcing the law. In many countries, the judicial
system is divided into different levels, such as trial
courts, appellate courts, and supreme courts, each
with distinct roles and responsibilities. This tiered
structure ensures thorough legal proceedings,
promoting fairness and justice in society.
02
Civil vs.
Common Law
Sources of Law
In civil law systems, the primary source of law is written
statutes and codes, which are developed through
legislative processes. These codes outline fundamental
principles and rules to guide legal interpretation and
judicial decisions. Common law systems, on the other
hand, rely heavily on judicial precedents established by
court decisions, making case law a significant source.
Additionally, customary law and legal principles also
play roles in both systems, influencing how laws are
applied.
Role of Judges
In civil law jurisdictions, judges must adhere closely to
codified statutes, interpreting and applying the law
strictly. Their role is primarily to ensure that legal
procedures are followed and that outcomes are
consistent with the written law. Conversely, in
common law jurisdictions, judges have the authority
to interpret laws and can set precedents through
their rulings. This flexibility allows them to adapt the
law to changing social conditions and needs, leading
to a more evolved judiciary.
Historical
Development
Civil law systems trace their roots back to Roman law and
have developed significantly in Europe, particularly
influenced by French and German legal traditions.
These systems prioritize written law and codification.
In contrast, common law emerged from England's
customs and judicial decisions, evolving over time into
a recognized legal system that emphasizes
precedents. Both systems have shaped the legal
landscapes of many countries and continue to
influence laws worldwide, including Cambodia’s legal
underpinnings.
Conclusions
Understanding the distinctions between civil and
common law is essential for navigating the legal
landscape. Each system has its unique foundations,
processes, and historical contexts, influencing how laws
are created and applied. This knowledge is critical for
legal practitioners and anyone interacting with the law,
especially in diverse environments.
Thank you!
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