Zambia’s judicial system is based on English common law and customary law. Common law is administered by several high courts, which have authority to hear criminal and civil cases and appeals from lower courts. … Blackhall’s Laws of Zambia is intended to be the tool for both the legal community and the general public.
What is a simple definition of common law?
Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
What is an example of a common law?
Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts.
Is Zambia a common law country?
Like most other countries formerly tied to England, Zambia is recognized as a common law jurisdiction. The description is supported by the history of the country as well as by current statutory guidelines and judicial declarations.
What is the common law act?
Common law is in effect legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are codified as Acts of Parliament, the common law is constantly changing.
How is common law used today?
Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction. … Thus, ‘common law’ is used to fill in gaps. Common law changes over time, and at this time, each state has its own common law on many topics.
What is another word for common law?
In this page you can discover 12 synonyms, antonyms, idiomatic expressions, and related words for common law, like: case law, non-statutory law, precedent, statute-law, mishnah, sunna, talmud, civil law, opposite-sex, criminal law and cohabitees.
What is the difference between common law and law?
The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. …
What is a common law in healthcare?
First and foremost, there is the common law concept of “doctor-patient confidentiality” that binds a medical professional from revealing or disclosing what he or she may know about a person’s medical condition. … It was common practice to release to a patient, upon demand, all original records concerning the patient.
Why is common law important?
Common law is an important source of law in those many areas that are reserved to the states to regulate. A state may exercise its police powers to regulate the safety, health, and welfare of its citizens, for example. … Laws made by administrative agencies are called rules or regulations.
What are the two types of laws in Zambia?
Zambia has a plural legal system consisting of general law based on English law, customary law, and a variety of bodies of rules and practices generated by semi-autonomous social groups like the church. Customary law consists of the customary laws of each of Zambia’s 73 ethnic groups.
What is the largest source of law in Zambia?
The constitution of Zambia is the supreme law and if any other law inconsistent with the constitution that other law shall, to the extent of its inconsistency, be void ( article1(3)). Therefore Zambia has a constitutional supremacy. The constitution was adopted in 1991 after consultations with the citizens of Zambia.
What are the three classifications of law in Zambia?
Public law deals with the state and includes such branches as criminal law, constitutional law, and administrative law; whereas private law includes contracts, torts, property law, and family law. Finally, the law may be classified into criminal and civil.
Is the Magna Carta common law?
Magna Carta is a foundation of the common law systems practiced in Hong Kong, England and other jurisdictions. The common law offers consistency and flexibility backed by courts that carry a global guarantee of independence, impartiality and enforceability.
Can I stand under common law?
By recording your birth with the Common Law Court, you now have an option, you can remain under the statutory system and rules or stand under the authority and jurisdiction of the Common Law Court. There is no charge for recording any information with the Common Law Court.
Why is it called common law?
The defining characteristic of “common law” is that it arises as precedent. … The common law—so named because it was “common” to all the king’s courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066.