Comparing Common Law and Civil Law Systems

Questions and Answers

A system based on judicial precedent and custom

America and other Commonwealth countries

To establish precedence that is binding on lower courts

The parliament Signup and view all the answers

Inquisitorial and fact-finding Signup and view all the answers

To establish the facts of the case and apply the provisions of applicable codes Signup and view all the answers

The doctrine of stare decisis, where higher court decisions are binding on lower courts in similar cases Signup and view all the answers

Roman Law Signup and view all the answers

Mixed legal system Signup and view all the answers

They play a significant role in shaping the system and are binding on lower courts Signup and view all the answers

The reliance on case law versus codified statutes Signup and view all the answers

It is rooted in case law and legal precedents Signup and view all the answers

It is a necessary component of the system Signup and view all the answers

They are binding on lower courts in similar cases Signup and view all the answers

Study Notes

Common law is a system based on judicial precedent, developed over time in England through court decisions and custom.
It is characterized by the absence of written, codified laws, and instead relies on the accumulation of court decisions.
The common law system was imported to America and other Commonwealth countries by English colonists.
In this system, the legislative branch of government and higher courts establish precedence that is binding on lower courts.
The approach in common law is adversarial, where parties contest each other to prove their cases before a judge who moderates the process and gives judgment.
Civil law, on the other hand, is a body of written laws derived from Roman law and France's Napoleonic Code.
It is based on interpreting a codified set of written laws and is adopted in most legal systems, including those in Europe, South America, China, and the Middle East.
In civil law systems, the primary source of law is the parliament, and the judge's role is to establish the facts of the case and apply the provisions of applicable codes.
Trials in civil law systems are inquisitorial and fact-finding in nature, with the judge playing an active role during the trial by questioning parties, lawyers, witnesses, and experts.