Common & Civil Law Regimes, Jurisdiction Issues This sec

This section of the report will compare and contrast the common law legal system used in the United States, England, and Canada with the civil law system that is used in most of continental Europe. Common law is described by Hall (1992) as the body of judge-made law that was administered in the royal courts of England (KingÆs/QueenÆs Bench, Common Pleas, Exchequer, and Exchequer Chamber) in contrast with other bodies of English law administered indifferent courts such as equity, admiralty, canon law, and the customary law of the borough and manorial courts. The common law is the general customary law of the realm as interpreted by the royal judges who function as the living oracles of the law.

The common law was received in the American colonies and was adopted as the basis of American and Canadian legal systems during the colonial era and beyond. It is enshrined in state, provincial, and federal constitutions. As Hall (1992) has noted, the U.S. Supreme Court is a common law court.

Hall, Wiecek, and Finkelman (1996) have stated that an interplay between the inherited legal culture of England and the New World environment molded law in early North American colonial society. This was a combination of tradition and design out of which emerged a new synthesis in the case of the United States which represented a distinctly American legal culture. The early English settlers regarded themselves as English people who happened to

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significant interplay between that law and the common law. Judicial interpretation remains a key cornerstone of common law systems wherever they are found and it is this characteristic which distinguishes common law and civil law systems from one another. Part B: Resolving International Jurisdiction Issues International dispute resolution was discussed by Clarkson et al (2004) within the context of issues confronted by businesspeople engaging in international business transactions. Such individuals normally take a number of precautions to protect themselves should a party with whom they are involved in another country breaches an agreement. Often companies doing business internationally develop contracts, including special clauses providing for how and where any disputes arising relevant to the contract will be resolved. Some of these contracts include forum selection and choice-of-law clauses. Clarkson, et al (2004, p. 49) state that ôthese clauses designate the jurisdiction (court or country) where any dispute arising under the contract will be litigated and the nationÆs law that will be applied.ö If no forum or choice-of-law clauses have been incorporated into an international contract, legal proceedings are likely
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Some common words found in the essay are:
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Approximate Word count = 2742
Approximate Pages = 11 (250 words per page)