Although the length of constitutions varies widely, the greatest detail is usually devoted to the legislative and executive powers and the relationship between them. Federal systems, of course, have bicameral legislation. But also many universal systems, where the House of Commons is directly elected and the House of Lords is composed of those who can represent rural interests (France) or have special competences (Ireland). In most countries (but not in the United States), the House of Commons can ultimately prevail over the House of Lords. Common law courts are adversarial; That is, there is an attitude where the winner takes everything in court. In an adversarial system, each party determines the issues and questions that the court must resolve, conducts its own investigation, and prepares and presents its own evidence. Each party calls witnesses who are questioned directly and cross-examined. Each page highlights information that it deems relevant to prove its point of view. In criminal proceedings, police and prosecutors work closely together to determine their position with government resources.

Defendants must rely on their own resources to defend themselves against charges by hiring a lawyer or appointing a court-appointed lawyer. In a civil case, the procedures are similar; However, each party must rely on its resources to prove its point of view. When a jury is present, it decides on all substantive matters, while the judge determines the legal issues and moderates the proceedings. In some cases, the judge may act as an investigator rather than a jury. This section examines the main characteristics of each system and highlights the areas that are of particular importance for PPP projects: secondly, the federal judicial system is based on a system of « jurisdictions », the geographical distribution of courts at certain levels. For example, while there is only one Supreme Court, the Court of Appeal is divided into 13 counties and there are 94 district courts. In addition, each state judicial system includes its own « jurisdiction ». As mentioned earlier, the jurisdiction in which a case occurred determines which court decisions constitute binding precedents. Civil law system based on French civil law with some elements of English common law The island of Guernsey is another example of customary law. Although it is one of the Channel Islands off the coast of England, Guernsey is not part of the United Kingdom. Guernsey`s legal system derives from the medieval power of the monarch, the Duke of Normandy.53 The former Duchy of Normandy Act is an influential source of law in Guernsey.

The laws of the Duchy developed into two periods, the Old Custom of 1199-1538 and the Reformed Custom of 1538-1804.54 Guernsey`s legal system also includes elements of English common law and modern law promulgated by the island`s elected legislature. Guernsey enjoys almost complete autonomy over its internal affairs, and the country determines many matters on the basis of old customary laws, with elected bailiffs and jurats making decisions.55 A common method is to require a special majority in the legislature – two-thirds in Germany, three-fifths in France, with similar systems in India and other Commonwealth countries (and this was the case in the Soviet bloc). Another parliamentary alternative is to ask for a second vote (Italy, Denmark, Finland). Finally, some systems distribute the power of amendment between legislators and citizens by requiring a referendum either for certain types or methods of change (Denmark, France, Ireland) or for each (Japan). customary law based on Norman customary law; contains elements of the French Civil Code and the English civil law system with influences from the Argentine, Spanish, Roman and French civil law models; Judicial review of legislative acts before the Supreme Court Civil law is a codified legal system. It has its origin in Roman law. Features of a civil law system include: Consultant: The lawyer will assist the client in managing the client`s affairs, how or whether to proceed with a proposed course of action, or how to proceed with respect to ongoing or potential litigation or settlements. This is often the case when the lawyer prepares (or asks someone to prepare) an inter-office law memorandum that reviews the client`s legal situation and helps the lawyer advise the client.

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