NATIONAL LAWS

Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL
Slave possession style
Feudal style
Style of laws
Capitalist style x x x x x x x x
Socialist style x x x
Customary law
Forms of law Statutory law x x x x x x x x
Case law x x x x x x x x x

FORMS OF LAW

Sources of Customary Statutory Law Case Law

Law Law ( Luật Tập quán) (Án lệ)

Criteria
= Be implemented widely

Differrent

What ? Traditional common rule or practice
that has become an intrinsic part of
the accepted and expected conduct in
a community, profession, or trade and
is treated as a legal requirement.
Other general names Unwritten law
a system of laws that have courts decide the law
been decided and approved applicable to a case by
by a parliament interpreting statutes and
applying precedents which
record how and why
prior cases have been
decided.
Common law

E.g The general custom of merchants,..

Who makes indigenous peoples and local Parliament, Constitution, Courts

communities Statutes may originate
with national, state
legislatures or local
municipalities.
How to make According to one definition, “custom” Base on precedent
is a “rule of conduct, obligatory on (previous decisions)
those within its scope, established by
long usage. Are valid custom must be
of immemorial antiquity, certain and
reasonable, obligatory, not repugnant
to Statute Law, though it may
derogate from the common law.
General customs are those of the
whole country, as,
Common law, also known as case law

US Lawmaking Process
LEGISLATIVE PROGRESS
 Representative from House of Parliament
A legislative programme - a plan/ an idea

Bill
Passed by two houses + Royal assent

Senate (Thượng viện)

Publication in Gov. Gazette + Commencement date

The President enrolled the bill

CASE LAW (Stare decisis)

“Let a decision stand”
Principle that a question once considered by a court and answered must elicit the same response each time the same
issue is brought before the courts. Since no court decision can have universal application, the courts, in practice, must
often decide that a previous decision does not apply to a particular case even though the facts and issues appear to be
closely similar. A strict application of stare decisis may lead to rigidity and to legal hairsplitting, whereas too much
flexibility may result in uncertainty as to the law.