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Summary Introduction to Public Law - Formation of The Legal System

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Introductory Study Material - Structure of Legal Systems of a Nation

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Written in
2021/2022
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Introduction to Law | HBA08c | PART 2



LECTURE 1 _ HOW DOES THE LEGAL
SYSTEM COME ABOUT?
|| Sources of Law

● Enact (제정하다) = To
Legislation ( = Bill) The process or product of enrolling, enacting, or
promulgating law by a legislature, parliament, or establish by legal and
analogous governing body or a legal proposal which is authoritative act or to
in the process of becoming a law make into law

제정법; 법률의 제정, 입법 행위 ● Promulgate (반포하다)
= To declare, announce,
Precedents A court decision that is considered as authority for
(Court Decisions) deciding subsequent cases involving identical or similar proclaim publicly or to
facts, or similar legal issues. Precedent is incorporated put law or regulation into
into the doctrine of stare decisis and requires courts to force or effect
apply the law in the same manner to cases with the
same facts ● Stare Decisis (선례
구속성의 원리) = The
선례, 판례
legal principle of
Customary Law Law consisting of customs that are accepted as legal determining points in
requirements or obligatory rules of conduct or practices litigation according to
and beliefs that are so vital and intrinsic a part of a precedent (= “to stand
social and economic system that they are treated as if by things decided” in
they were laws
Latin)
관습법 (법적 효력이 인정되는 관습)
● Litigation (소송) = The
Legal Writing A type of technical writing used by legislators, lawyers, process of taking legal
judges, and others in law to express legal analysis and action
legal rights and duties

법문서의 작성, 법정문서식 작문



|| Common Law vs Civil Law: Legislation & Precedents

● Common Law = System under which stare decisis is drawn from
institutionalized opinions and interpretations from judicial authorities and
public juries → Precedents ( = Court Decisions)




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