Английский язык

B. Tell the text using the following outline

1. Two main traditions of law in the world
2. Common law:
   — doctrine of precedent;
   — statutes,
   — principle of equity,
   — the role of judges.
3. Continental law:
   — code;
   — separation of powers;
   — the role of judges.

1. 1-2 предложение
2. 3 предложение Common Law в каких странах. 4-5 предложение
3. 6-8 предложений
   Минимум 8 предложений + можно добавлять свое

C) Text

LAW SYSTEMS

(1) Every country has its own system of law as each country has developed differently. However, there are two main traditions of law in the world — English Common law, or Case law, and Civil law, or Roman law, or Continental law.

English Common law is adopted by many Commonwealth countries and most of the USA. Continental law is adopted in continental Europe, many countries in Asia and Africa and in former socialist states.

(2) English Common law has developed gradually throughout the history and is based on customs, court rulings (precedents) and statutes. The most important concept of English Common law is the doctrine of precedent. Precedent is a decision made by a higher court on some case that serves example for lower courts to follow if the essential elements of the case are the same. Thus, judges have to apply existing precedents to each new case. If the elements of the case are the same as those of previous recorded cases they have to make the same decision.

(3) Sometimes governments make new laws (statutes) to modify or clarify common law, or to make rules which have not existed before. Judges interpret those statutes and their interpretations become new precedents. Therefore, judges do not only apply law. They make law as their interpretations are precedents for other courts to follow.

(4) Another important concept of the common law is the principle of equity. By the 14th century people of England had become dissatisfied with the inflexibility of common law. A new system developed which recognised the rights that were not enforced as common law but were equitable or just (the right to force someone to carry out a contract, called specific performance, or the right of the beneficiary of the trust).

(5) The courts of common law and of equity existed alongside for centuries. An equitable ruling on the same case prevailed. The problem was that a person had to start an action in two different courts in order to get a satisfactory solution. For example, a person had to seek specific performance in a court of equity and damages (monetary compensation) in a common law court. That is why in 1873 the two systems were unified.

(6) Continental systems are often called codified law systems as they have resulted from government attempts to produce a set of codes to [cover each leg]al aspect of life.

he legislators wanted to show that the legal rights of the citizens originated in the state, not in local customs, and to separate legislature and judiciary. It was the state that was to make new laws, not the courts. The courts could only apply the law that the governments had made. Making new codes the lawmakers were influenced by the codes produced in the 7th century under the direction of Roman Emperor Justinian. Thus appeared the name — “Roman law”.

The main concept of Civil law is a government code. A code is a law passed by a legislative body and written in a formal document.

(7) It is important not to exaggerate the differences between these two traditions of law as many countries use both (the USA). The clear distinction between legislature and judiciary has also weakened (Germany, France and Italy).