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    • CommentAuthorloreman
    • CommentTimeDec 10th 2018
     
    There's only so many ways you can run a legal system, so they will inevitably have things in common (10 points if you pick up the extremely obscure pun in that sentence). Like the language, the Common Law borrows from everywhere. The significant difference between the Common Law from England and the Civil Law is the extent of judicial legislating-in the Civil Law systems; much of the Law is encoded whereas under the "pure" Common Law system (which is a lot more flexible) the Law is "discovered" by judges. These days, most systems are a bit of a mish-mash of the two. For example, the US with its "Restatement" of tort law has moved away from the "pure" system whereas we, for example, are a lot closer to the original but becoming less so, especially after the "Insurance Crisis" at the turn of the 21st century which led to government intervention and modification of the tort law system in favour of institutional defendants.

    The Kiwis, of course, have gone down a completely different course and abolished Personal Injury law, replacing it with a state run compensation system where there is no ;liability for injury. This is why you can do things like bungee jumping and extreme jet boating in New Zealand, whereas in other countries the insurers take a jaundiced view of it.
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      CommentAuthoroak
    • CommentTimeDec 10th 2018
     
    Posted By: AngusI'd like to hear from our resident lawyers on this. I always thought the English common law was not derived from Roman law. . . .

    That's my understanding. The common law was largely based on judges making up the rules for decision as they went along, and their decisions were treated as the law. Parliament could alter the law by statute.
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      CommentAuthorAngus
    • CommentTimeDec 10th 2018
     
    Posted By: AsterixI've been struggling to remember an old film where a witness, not being conversant in English, gives testimony in the only common language shared with the court--Latin.

    Anyone recall it?


    Mel Gibson's "The Passion of the Christ"?
    • CommentAuthorAsterix
    • CommentTimeDec 10th 2018
     
    No, this would have been a 1930s-1940s flick.
    • CommentAuthorBigOilRep
    • CommentTimeDec 10th 2018
     
    Posted By: AsterixI've been struggling to remember an old film where a witness, not being conversant in English, gives testimony in the only common language shared with the court--Latin.

    Anyone recall it?

    Lethal Weapon 4
    • CommentAuthorBigOilRep
    • CommentTimeDec 10th 2018
     
    Posted By: AsterixNo, this would have been a 1930s-1940s flick.

    Lethal Weapon 1?
  1.  
    That was probably around one million BC
    • CommentAuthorloreman
    • CommentTimeDec 10th 2018
     
    What were the stats on mass stonings back then?
    • CommentAuthorAsterix
    • CommentTime3 days ago
     
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      CommentAuthorAngus
    • CommentTime3 days ago
     
    Boy, is that ugly.
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      CommentAuthorDuracell
    • CommentTime3 days ago
     
    Posted By: AngusBoy, is that ugly.
    Yes, it would almost pass as USAn ...
    • CommentAuthorAsterix
    • CommentTime23 hours ago
     
    Just thought I'd include a rundown of the auto lunacy at CES 2019. Enjoy!