Showing posts with label act. Show all posts
Showing posts with label act. Show all posts

What Is The Difference Between Law And Act

The difference between a law and an act:

Law, derived from legis in Latin, refers to a set of rules issued in a continental jurisdiction.

Act, where it also refers to a set of rules, originally means a legislative act, issued is an Anglo-American jurisdiction.

Since continantal jurisdiction is based on statutes (and yes we will also mention the difference between a law and a statute) while Anglo-American jurisdiction is based on precedences, the way they refer to a law differs. In Anglo-American jurisdiction precedents are the primary source of code. When a legislative body issues a set of rules to fill in the legal gaps, it is referred to as an act, because it will be a secondary source of the law (did we mention the difference between the law and a law?).

The difference between a law and a statute:

A law does not necessarily appear in a written form. There are also oral laws. However, statute definitely refers to a written law.

Let us note that continental law is also called statutory law because it is mainly based on written laws as the primary source of law.

The difference between a law and a code:

This is the easiest one. A code ise defined as "a compilation of laws". Therefore, every code is a statute. Beyond that, it may include more than one law, so that it covers a whole branch of the law. For instance, there are Penal Codes (or Criminal Codes), Civil Codes, Commercial Codes etc. But there is no "Code on illegal invasion of lands" or "Code on dissolution of marriage", because that would be too limited an area for being a code.

A hint: if a branch of law is studied as a separate lesson in law schools (obligations law, penal law etc.) the legislation governing that area alone will probably be referred to as a code.

French Civil Code of 1804 

The difference between the law and a law:

Let us firstly note that this difference does not always apply perfectly. It may depend on the context. However, in most cases the law refers to the system of rules, including statutes, regulations, decrees etc. in a certain jurisdiction, whereas a law refers to a statute or an oral set of rules on a certain field of law.

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