What is the difference between common law and civil law?
Understand the Problem
The text provides an overview of various legal systems, economic systems, and political systems, explaining concepts such as contract law, property rights, corruption, socialism, individualism, and totalitarianism. It differentiates between common law and civil law, describes the implications of intellectual property rights, and discusses the differences between democracy and totalitarian regimes, including their characteristics and examples.
Answer
Common law is based on precedents; civil law relies on codified statutes.
Common law is based on judicial precedents and the decisions of judges, while civil law relies on codified statutes and laws. In common law, decisions are made by judges and often involve a jury, whereas civil law decisions are based on written legislation.
Answer for screen readers
Common law is based on judicial precedents and the decisions of judges, while civil law relies on codified statutes and laws. In common law, decisions are made by judges and often involve a jury, whereas civil law decisions are based on written legislation.
More Information
Common law systems are typical in countries that were former British colonies, while civil law systems are prevalent in continental Europe and other parts of the world. In civil law countries, judges have a more limited role and primarily apply the law to the facts.
Tips
It is common to confuse the role of judges and the source of laws in the two systems. Remember that common law emphasizes judicial decisions, while civil law emphasizes written statutes.
Sources
- What Is the Difference Between Common Law and Civil Law? - persaudlawoffice.com
- Common Law: What It Is, How It's Used, and How It Differs From Civil ... - investopedia.com
- Civil law vs common law – A Complete guide - Lloyd Law College - lloydlawcollege.edu.in
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