General characteristics of the anglo-american legal system with a special focus on civil procedure

Abstract

The subject of analysis of this paper are the general characteristics of the Anglo-American legal system. It is a topic that is a basic point of comparative studies in civil law, which is still expected to gain scientific popularity. General characteristics of the Anglo-American legal system analyzed at the macro level are: the non-codification of civil procedural law, a precedent way of decision-making, pronounced casuistry, application of the hearing principle (principle of accusatoriality) and the passive role of the court, pronounced participation of the lay element in the trial, coordinated organization of the judiciary (and its control by the jury), non-judicial interpretation of the law (doctrine ultra vires), non-existence or weak existence of written sources of law, specificities of the legal profession and the appointment of judges and the characteristics of the civil court procedure. The general characteristics of the Anglo-American legal system give a special stamp to civil law and civil procedure west of the Atlantic.