Difference Between Common Law and Civil Law

What is Common Law System?

Common law is the body of law formed by judges and other quasi-judicial tribunals because it is expressed in written decisions. It is often referred to as judicial precedent, judge-made law, or case law. Both statutory laws created by legislators and court-established legal precedents serve as the foundation for the laws that apply in a certain situation. In an adversarial system, the judge resolves disputes between disputing parties in an impartial manner. A jury may find certain facts, but a judge will apply the law. While victims serve as witnesses and may have limited engagement as victims and rights to information, prosecutors and defence lawyers take an active role in the case. Victims, however, are not a party in criminal cases....

Characteristics of Common Law System

A common law system’s characteristics include:...

List of Common Law System Countries 2023

Common law nations are often former protectorates or colonies of Great Britain....

What is Civil Law System?

Civil law is a legal system that originated in Italy and France and has since spread around the world. The fundamental ideas of civil law are codified into a referable system that functions as the main source of law, and the system is conceptualized within the contexts of French and Roman civil law. A written Constitution stating fundamental rights and obligations is typically based on particular codes such as the civil code, codes governing corporations, administrative law, and tax law. Different constitutional, administrative, and civil court systems typically make decisions about the legality of laws and administrative actions as well as the interpretation of the underlying codes. There is little room for negotiation, many terms are legally incorporated into contracts, and parties cannot avoid certain duties....

List of Civil Law System Countries 2023

Most countries in East Asia and Central and Eastern Europe have adopted a civil law system:...

Difference Between Common Law and Civil Law

The following table lists the primary differences between Common Law and Civil Law:...

Background of the Common Law and Civil Law Systems

The common law system was founded on written orders known as “writs,” which were issued by the English Crown when justice needed to be done. Since writs were insufficient to handle every circumstance, equity courts were eventually established in order to hear complaints and provide appropriate remedies. These courts were founded on equitable concepts that were drawn from a variety of authoritative sources, including Roman law and “natural” law. Courts were able to locate prior opinions and apply them to ongoing cases as the rulings were being collected and released. In this context, common law originated....

Summary – Common Law vs Civil Law

Common Law and Civil Law are two predominant legal systems globally, with approximately 80 countries following common law and 150 adhering to civil law. The key distinction lies in the sources of law, where common law relies on case law and precedents, while civil law emphasizes codified legislation. Common law nations, such as the United States and England, prioritize judicial decisions and legal precedents, fostering an adversarial system. In contrast, civil law systems, found in countries like China, Japan, and Germany, are rooted in comprehensive legal codes, limiting the role of judges to strict application rather than interpretation. Despite these differences, many jurisdictions integrate elements of both systems, blurring the lines between common law and civil law practices....

FAQs on Difference Between Common Law and Civil Law

1. What is difference between Common law and Civil law?...