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Em nộp bài ạ!

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Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations and can also draft important legal documents such as court petitions or property agreements. Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce.

States have the right to determine "reasonable formal requirements" for marriage, including age and legal capacity, as well as the rules and procedures for divorce and other family law matters.

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FILE_20210222_194111_Common law and statute law

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the differences between common law and statutory law

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Common Law

The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution.

The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved

Statutory law

is created and passed by the legislative branch of the government. It is specifically written law, also known as statutes. These statutes are often codified, meaning that they are numbered, collected, and indexed in one place. After statutory law is created, it is the judicial branch of the government's job to interpret and enforce it by applying it to court cases. However, the judicial branch can't create statutory laws.

A considerable aspect of statutory law is that it is written. These laws are based on the premise that every word included in law has a meaning and is chosen for a specific reason. Statutory laws are written extremely precisely and therefore leave little room for interpretation. You can't “read between the lines” of statutory law. When issues come up in court surrounding statutory law, lawyers must argue on how to interpret them and sometimes challenge them themselves.

How Do Statutory and Common Law Differ?

Common law develops over time thanks to the rulings of the presiding judges. It is used in two cases:

Where there are no statutes in place: If a judge feels that no statute covers the case in front of them, they'll make a ruling based on their experience and set a precedent that could later become statute.

Where the judge reinterprets the law: In some cases, a judge may feel that the existing law needs to be redefined. When this happens, they put their own interpretation onto the law. This process also creates a precedent, and that precedent can be used when arguing a similar type of case in the future. The statute might later be changed as a result of this precedent.

Common law: thông luật

Statutory law: Luật thực định

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Common law is defined as law that has been developed on the basis of preceding rulings by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society.

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Common law, also called Anglo-American law, the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth (formerly the British Commonwealth of Nations).

Civil law is a body of rules that defines and protects the private rights of citizens, offers legal remedies that may be sought in a dispute, and covers areas of law such as contracts, torts, property and family law. Civil law is derived from the laws of ancient Rome which used doctrines to develop a code that determined how legal issues would be decided. To explore this concept, consider the following civil law definition.