Codified System vs. Common Law System

i) Fairness: Part of the reason for supporting the Common Law Act in a written system is its characteristic fairness. Because they pursue causes in all situations, everyone receives the same treatment. Despite their position and beliefs, everyone follows the same legal process. Therefore, this pioneering system set so far usually brings fairness and justice. Protecting people through tort law is better than codifying systems.

The doctrines and rules developed by judges over a certain period of time compared to the Cultural Act of the Common Law Civil Code System are "legal precedents" of the common law system. The common law system is derived from common law in the UK and can be found in many parts of English-speaking world such as Australia, Canada, United Kingdom, United States, Wales and other countries. Customary law Customary law is based on local customs. The general characteristic of customary legislation is that Customs can not write, Customs dominates social relationships, customs are widely accepted by community people. The customary legislation system can be found in Africa, the Pacific Islands and others.

The American legal system is a common law system, meaning that in addition to legal sources of legal information, there are laws arising from court decisions or judgments that can solve the problem of not being incorporated into the law. By learning the law, students at law school will learn both laws that appear in law and common laws that are passed through court judgments and judgments. By studying law theory, students can understand the nature of the law, legal reasoning, the law system, and how the court uses it to interpret the law and to develop common law.

Brazilian law is based on the civil law legal system, the concept of civil law takes precedence over general law practice. Legal code is an important part of supplement, but most Brazilian laws are codified. The court's ruling provides interpretive guidelines, but it rarely binds to certain other incidents. The teachings of doctrine and academic lawyers have a great impact on legal creation and legal affairs. The legal system is based on the "Federal Constitution" promulgated on October 5, 1988 and is the basic law of Brazil. All other laws and court decisions must comply with those rules. As of April 2007, there were 53 amendments. Each province has its own constitution, and these constitutions should not violate the "federal constitution". In the municipalities and federal districts there is an "organic law" (leisorgânicas), which acts like a constitution.