B2 Chapter 4 addresses the civil law model by focusing on the courts. It begins by discussing early tribal and feudal laws. Feudal laws were developed after tribal laws had existed for many generations. A clear example of their existence was the provisional codes, which were applied to settle legal matters in Swedish judicial system during the 13 th century. Progressively, the chapter talks about Allan Wanton's view of civil law. Watson believed that civil laws were partially transferred from Rome to Europe. He notes that the European judicial systems borrowed the legal structure from Rome. However, they applied their own rules by following the imported structures.
Chapter 4 discloses that the development of the national legal systems was marked with systematic events. Some of the activities included feudalism decay, reformation, and weakening of the Holy Roman Emperor's authority. The newly developed system featured in France, before spreading to other parts of Europe. Canon law is also captured in the chapter as one of the oldest components of the civil law traditions of the Roma Catholic Church. They existed during the twelve century and shaped the development of the subsequent systems, including the Concordia Discordantium Canonum and the Commercial Code. John Gratian developed the Harmony of Contradiction Laws, the Concordia Discordantium Canonum, for use in settling church-related cases. Commercial law is a crucial source of civil law just as the Roman laws and canon laws. They were developed alongside Crusades in Western Europe, Italy. B2 Chapter 4 also discussed the Napoleonic code. According to the chapter, the judicial system was used as a survival feudalism institution in France. The systems that existed before the French Revolution were rational as officers were legal properties who could not be bought, sold, or compromised in any way. They were as good as the general state laws that started after Fredrick the Great came to power. During that time, judicial systems were operated based on science. They were broadly grouped as the German Legal Science systems, and judges had a crucial role to play in the Italian Penalty. However, Professor Zelia Gallo was worried about the evolving role of judges. One of the primary functions of the judges as captured in the chapter is the presentation of clients regardless of political influence. The section identifies the “code law” as a crucial concept in the civil law model, which was majorly used by Attorneys who practiced law in New York, California, Florida and Texas states, since these were the only states that had adopted the codes during that time. Examples of code laws include the tax codes, penal codes, and civil codes. Inquisitorial prosecution is also discussed in this chapter. An inquisitorial prosecution is a legal principle that required prosecutors to prosecute all crimes that had been presented before them, and that they believe to having been committed. The German civil law system is traced back to 1871 when the German penal codes were developed. It was majorly used for legal processes during the Second World War. The chapter further discusses the German Plane shooting event by stating that shooting down a passenger plane that is being used by a terrorist was not a criminal offence. The chapter portrays the Federal Court of Justice as the highest judicial system of Germany with 127 judges. The highest court dealt with first profile cases such as murder. However, the court preserved the rights of the accused person, holding their innocence until proven guilty. Accused persons were also allowed to request presentation of evidence before writ. The Law in Action presented a distinct outlook of Juries civil law model compared to what they are in common law. For example, civil laws use juries without considering the trial concept as used in countries that practice universal laws. Criminal justice in Spain, France and Brazil are also addressed in the chapter. According to B2 Chp 4, the criminal prosecution of Spain recognizes the Supreme Court as the highest in in the country. On the other hand, the French judicial system is based on the unity of criminal and civil justice, implying that one court could hear both criminal and civil cases. While discussing Brazil, B2 chapter 4 state that the Brazilian criminal justice system outlines various judicial systems such as the commercial court, civil, penal, civil procedure, and penal procedure codes. It states that the Supreme Federal Court is the highest court in Brazilian. The president of Brazil appoints the judges. Other court systems in Brazil include the Federal Appeal Court and Supreme Court of Justice, among others.
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