Difference between Legal Method and Legal System

Most systems accept that criminal responsibility does not belong to certain categories of people: the very young or people with a serious mental illness. The systems also recognize a number of mitigating circumstances, such as self-defense or provocation. Positivism has its limits and its criticisms. Readers of the New Testament may recall that King Herod, fearing the birth of a Messiah, issued a decree that all male children under a certain age should be killed. Because it was the command of a sovereign, the decree was executed (or, in legal jargon, the decree was «executed»). Suppose a group takes power in a certain place and orders that women cannot go to school and can only be medically treated by women, even if their condition is life-threatening and there are few female doctors. Let us also assume that this order is carried out simply because it is the law and it is carried out with revenge. The people who live there will undoubtedly question the wisdom, justice or goodness of such a law, but it is still the law and is generally applied. To avoid the effects of the law, a citizen should flee the country completely. During the Taliban regime in Afghanistan, from where this example is drawn, many fled. Positive law is therefore any law promulgated by the sovereign or by persons legally authorized to promulgate such laws that have a binding effect on the people in general.

It was proposed by Hans Kelson and denies the theory of command. Kelson argues that law is a norm, and for law to be valid, it must be created by a norm that was itself created by a higher norm within the legal system. A standard goes back to a higher standard until it reaches the basic standard, which is the final authority within the legal system. It tells us what to do and what not to do. Wolfe is a judge of the California State Court. In Riddick v. Nail, which is a contractual dispute, Wolfe must follow the previous one. It establishes a logical relationship between the Riddick case and a case decided by the California Supreme Court, Zhu v. Patel Enterprises, Inc. It compares Riddick`s facts with Zhu`s facts and, to the extent that the facts are similar, applies the same rule in making its decision. It is the term «legal method» contains two words – «legal» and «method». The word «legal» means something that refers to law, while the word «method» means a way or procedure of doing something in an organized and planned way.

Thus, the legal method is defined as the way of doing things that relate to the law in society. The common law tradition is unique in England, the United States and the former colonies of the British Empire. While there are differences between common law systems (e.g., most countries do not allow their judges to declare legislative acts unconstitutional; some countries use the jury less frequently), all recognize the use of precedents in court proceedings, and none of them rely on the comprehensive legislative codes that prevail in civil justice systems. The classification of law helps us to know and understand the characteristics of law and the relationship between different categories of law. Other philosophers of positive theory are H.L.A. Hart, Prof. Hans Kelson, Jeremy Bentham. According to H.L.A.

Hard, there is no necessary link between law and morality. It simply means strict application of the law, sometimes without ensuring the consideration of justice in the given circumstances. It deals too much with the details of the law, rather than following the spirit of the law and fulfilling the main purpose of the law, which is to practice justice. The problem of legalism has brought with it the principle of justice, which helps to alleviate the difficulties caused by the strict application of the law. An example of contractual obligations that prevail or prevail over federal laws has been the dispute between the United States and Mexico between the United States and Mexico. Amendments to the Marine Mammal Protection Act in 1988 established certain protections for dolphins in the eastern tropical Pacific, and the United States began refusing to import tuna caught using «dolphin-hostile» methods (such as purse seines). This was challenged by a GATT dispute settlement body in Switzerland, and the US lost. Discussion continued in the WTO in its dispute settlement procedure. In short, U.S. environmental laws may be at odds with U.S. obligations.

The common law is made up of the judges of the cases decided in the past that apply to this case. The common law was strictly formal and full of legalism, for example, if a plaintiff does not issue an injunction or does not have an appropriate provision for his cause of action, he has no recourse. The only common law remedy was damages. It is a well-known fact that the law is an instrument of social control. The techniques or methods he uses to control social behavior are discussed below. Most modern legal systems can be described as common law, civil law, or a mixture of both. International laws are laws that govern relations between States and international organizations. It also regulates relations between various independent countries. Examples of international law include treaties, international customs, general principles of law recognized by civilized nations, etc. This standard, which we affirm today, strikes a balance between the feasibility of any behavior that is only offensive and the requirement that the behavior cause tangible psychological injury. As we pointed out in Meritor, «a simple expression of a . The «example giving rise to insulting feelings on the part of an employee» does not sufficiently affect the conditions of employment to benefit from Title VII.

Conduct that is not strict or pervasive enough to create an objectively hostile or abusive work environment – one that a reasonable person would find hostile or abusive – does not fall within the scope of Title VII. Similarly, if the victim does not subjectively perceive the environment as abusive, the conduct has not actually changed the victim`s conditions of employment and there is no violation of Title VII. Substantive law is a body of legal norms. It establishes a code of conduct and prescribes a sanction in case of violation of this code. It deals with all laws, with the exception of procedural laws. These include constitutional law, criminal law, contract law, tort, etc. An effective system of legal relationships facilitates the case law process before the courts. Indeed, a legal report usually includes the details of a case decided by the court and helps to trace previous judgments. The oldest legal relationship in Nigeria began in 1916. The only cases reported in legal reports in Nigeria are cases decided by higher-level courts such as the Supreme Court and the Supreme Courts of various states. An edited or published legal report usually has the following format: the reason for the jargon of law is to mystify it so that laymen do not understand it, but the legal profession has been advised to get rid of its mysterious language and put on the habit of modernity. Most court decisions that do not apply legislative acts (called laws) concern one of the three areas of law – property, contracts or misdemeanours.

Real estate law deals with the rights and obligations of those who can legally own land (real estate), how this property can be legally confirmed and protected, how a property can be bought and sold, what are the rights of tenants (tenants) and what are the different types of «domains» in the country (e.g. simple fees, , life rest, future interests, easements or rights of way). Contract law deals with the type of promises that the courts should apply. For example, should the courts enforce a contract in which one of the parties was drunk, underage or mentally ill? Should the courts enforce a contract when one of the parties appeared to have an unfair advantage? What types of contracts should be drafted to be performed by the courts? Tort law deals with the types of cases where it is a type of damage and/ or breach between the plaintiff and the defendant if there is no contract. So if you are slandered or a competitor lies about your product, your remedy would be tortious, not contractual. A number of other countries have dual systems. In such a system, religious rules apply and religious courts rule on matters such as marriage, divorce and family relations. However, a secular system with state courts covers the other areas of public law and business law. This was the position in England until the 1850s and is now the case in Israel, India and Pakistan. In both jurisdictions, the proportion of human activity subject to one system or another may depend on the state of economic and political development of the country concerned. The law of the United States derives primarily from the tradition of English common law.

By the time England`s American colonies revolted in 1776, English common law traditions were well established in colonial courts. English common law was a system that gave force of law to the written decisions of courts across the country. Thus, if an English court were to issue an opinion on what constitutes the customary law of burglary, other courts would stick to that decision, so that a body of ordinary law would develop throughout the country. The common law is essentially an abbreviation of the idea that a common law based on previous written decisions is desirable and necessary. Each of the different schools of legal thought has a particular vision of what a legal system is or what it should be.