Introduction+to+Legal+Systems

Types of Legal Systems
There are several types of legal systems operating throughout the world:
 * common law systems which operate in Australia, America, Canada, New Zealand, UK
 * civil law systems operating throughout most of Europe, parts of South America and parts of Asia.

What is the Civil Code?
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code.

What is Common Law?
Common Law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals.

Development of Common Law

 * Pre 1066, England was governed by local customary laws.
 * In 1066, William the Duke of Normandy conquered England and feudalism was introduced.
 * feudalism is a hierarchical system of land ownership
 * Feudalism saw a system of courts established. First, the Curia Regis (Kings Council) was established and then the Common Law Courts (Courts of Common Pleas, Court of Exchequer, King's Bench) followed.
 * A system of writs was also established.
 * Finally the Court of Chancery and a system of equity was introduced.

What is Equity?
The concept of equity will be discussed in greater detail in the subject Equity. For now, the basics of equity are as follows:
 * Equity is a system of law that runs concurrently with the Common Law system.
 * Equity is designed to temper the harshness of Common Law.
 * Equity always prevails over Common Law.

Rule of Law
The rule of law is a legal maxim whereby governmental decisions are made by applying known legal principles. The notion of the rule of law requires that the government be bound by the very law that it is creating. It also places restrictions on the the government's involvement in the creation of law on the basis that the government can only act if it has authority to do so and can only act in accordance with the law.