Introduction to Law and Legal Systems
What this domain tests
Candidates must distinguish the major families and functions of law and the vocabulary that later domains assume. Know the difference between civil law systems (codified, inquisitorial, less weight on precedent) and common law systems (judge-made doctrine, stare decisis, adversarial procedure). Understand public law (constitutional, administrative, criminal - regulating the state-citizen relationship) versus private law (contract, tort, property, family - regulating relations between persons). Distinguish substantive rules (what conduct is required or prohibited) from procedural rules (how rights are enforced), and civil wrongs (compensation) from criminal wrongs (punishment by the state).
Functions and rule of law
Law settles disputes, allocates authority, channels conduct, and protects expectations. The rule of law means law is general, public, prospective, and applied equally, with independent adjudication - contrast rule by law, where law is merely an instrument of the ruler. Sources of authority include constitutions, legislation, delegated regulation, precedent, custom, and equity; equity historically supplied remedies (injunction, specific performance) where damages were inadequate.
Traps
- Equating "civil law" with "civil cases." The first is a legal tradition; the second is a private dispute.
- Assuming precedent binds everywhere; in civil-law systems it is persuasive, not binding.
- Confusing morality with legality: conduct can be lawful yet unethical, or unethical yet lawful.
- Treating legal positivism (law is what is validly enacted) as identical to natural law (unjust law may not be law).
Rule of thumb
Ask two questions of any rule: Who made it, and whom does it bind? A statute passed by a legislature binding citizens is public, substantive law; a court rule on filing deadlines is procedural.
Worked example
A statute forbids dumping waste; a regulation sets the fine schedule; a court decision interprets "waste." The statute is primary legislation, the regulation delegated legislation, the decision precedent. All are substantive except the procedural rules governing how the case is filed.