Branches of Law and Legal Cultures

What is a branch of law?

a category of legal norms, regulating a specific area using constant methods of application

What are the 3 main areas of legal regulation?

civil, criminal, and administrative law

What is the difference between private and public law?

public law governs relationships between individuals and the state but private law is between private individuals

How does substantive law differ from procedural law?

substantive law defines rights and obligations and procedural law outlines how those laws are enforced

What is legal culture?

local values and traditions that shape the writing, interpretation, and implementation of law

What are the main sources that shape legal systems?

state legislation, customary practices, religious norms, and natural law principles

What is comparative law?

differences and similarities between legal systems

What characterizes civil law systems?

reliance on legal codes; judges apply the law based on codified statutes

What defines common law systems?

law evolved through judicial decisions (precedents)

What was the influence of Roman Law on modern systems?

inspired codified European systems (ex. Napoleonic Code)

How do civil law and common law cultures differ?

Civil law: judges apply written codes with limited discretion. Common law: judges interpret past rulings and develop legal principles

What is the nature of Jewish legal culture?

Halacha = religious + legal rules; uses Torah and Talmud

What defines Islamic legal culture?

Sharia = religious + legal system from Qur’an and Sunna